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0 <br /> • ORDINANCE NO. 4001- 1-1 <br /> • <br /> AN ORDINANCE VACATING AND ABANDONING ALL THAT <br /> PART OF EVANS STREET AND AGNES STREET IN BATESVILLE, <br /> INDEPENDENCE COUNTY, ARKANSAS JOINING LOTS 3 AND 4 <br /> OF BLOCK 46 OF MAXFIELD'S WESTERN ADDITION TO THE <br /> CITY OF BATESVILLE, ARKANSAS <br /> WHEREAS, a Petition was duly filed with the City Council for <br /> Batesville, Independence County, Arkansas on December 12 , 2000, <br /> asking the City Council to vacate and abandon all that part of <br /> Evans Street and Agnes Street in Batesville, Independence County, j <br /> Arkansas that joins Lots 3 and 4 in Block 46 of Maxfield's Western <br /> Addition to the City of Batesville, Arkansas; and <br /> WHEREAS, after due notice as required by law, the City Council <br /> Ihas, at the time and place mentioned in the Notice, heard all <br /> • persons desiring to be heard on the question and has ascertained: <br /> (1) That all that part of Evans Street and Agnes Street in <br /> Batesville, Independence County, Arkansas joining Lots 3 and 4 of <br /> Block 46 of Maxfield's Western Addition to the City of Batesville, <br /> Arkansas has heretofore been dedicated to the public use as a <br /> street. <br /> I <br /> (2) That all of the owners of the property abutting upon <br /> Evans Street and Agnes Street in Batesville, Independence County, <br /> Arkansas that joins Lots 3 and 4 of Block 46 of Maxfield's Western <br /> Addition to the City of Batesville, Arkansas have consented to such <br /> vacation and abandonment. <br /> (3) That the public interest and welfare will not be <br /> adversely affected by the vacation and abandonment of all that part <br /> of Evans Street and Agnes Street in Batesville, Independence <br /> County, Arkansas that joins Lots 3 and 4 of Block 46 of Maxfield's <br /> Western Addition to the City of Batesville, Arkansas and that <br /> portion of said streets is not required for any corporate purpose. <br /> (4) All that part of Evans Street and Agnes Street in <br /> Batesville, Independence County, Arkansas, that joins Lots 3 and 4 <br /> of Block 46 of Maxfield's Western Addition to the City of <br /> Batesville, Arkansas has never been opened as a right-of-way to the <br /> i <br /> public and has not been used by or for the public as a street or <br /> alley for a period of more than five (5) years last past; and <br />