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rrr r✓ <br /> CITY OF BATESVILLE <br /> ORDINANCE NO. 22.-3-- <br /> BEFORE THE CITY COUNCIL <br /> OF THE CITY OF BATESVILLE, ARKANSAS <br /> AN ORDINANCE VACATING STATE STREET, <br /> RETAINING AN EASEMENT <br /> AND FOR OTHER PURPOSES <br /> An ordinance vacating the platted but unopened part of State Street in the City of <br /> Batesville, Arkansas, lying north and west of the Missouri Pacific Railroad right of way of <br /> Lots 1, 2 and 3 of Block 13 of Old Town Addition of Batesville, Arkansas and Lot 1, 2, 3, <br /> 4, and 5 of Block 12, Old Town Addition to the City of Batesville Arkansas; and <br /> WHEREAS, a petition was duly filed with the City Council for the city of Batesville, <br /> Arkansas on the 9th day of March, 1999, asking the City Council to vacate and abandon the <br /> section of the above referenced street as designated on the plat of Old Town Addition to the <br /> City of Batesville, Arkansas, now appearing of record in Deed Book A, Page 62 of the <br /> Independence County records; and <br /> ( WHEREAS, after due notice as required by law, the Council has, at the time and <br /> fir• place mentioned in the resolution, heard all persons desiring to be heard on the question and <br /> has ascertained that the street described above has heretofore been dedicated to the public use <br /> as a street as herein described; has not been actually used by the public generally for a <br /> period of at least five (5) years subsequent to the filing of the plat; that all the owners of the <br /> property abutting upon the portions of the street to be vacated has filed, with the City <br /> Council, their written consent to such abandonment; and that the public interest, and welfare <br /> will not be adversely affected by the abandonment of such streets; and <br /> WHEREAS, the City of Batesville, Arkansas desires to retain an easement 20 feet in <br /> width along the northeastern side of the former street right of way for the purpose of <br /> constructing and maintaining water and sewer lines and the fixtures and fittings appurtanant <br /> thereto; <br /> NOW BE IT THEREFORE ORDAINED, as follows: <br /> 1. The City of Batesville, Arkansas, does hereby release vacate and abandon its <br /> rights, together with the rights of the public generally, in and to the street designated as <br /> follows, subject to an easement 20 feet in width along the northeastern side of the former <br /> street right of way for the purpose of constructing and maintaining water and sewer lines and <br /> the fixtures and fittings appurtanant thereto. <br />