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ORDINANCE NO. '�3-2- 1 <br /> AN ORDINANCE VACATING THAT PART OF CENTER STREET ABUTTING <br /> LOTS 6 AND 7 , BLOCK 4 AND LOT 5 OF BLOCK 3 OF HIGHLAND ADDITION <br /> TO THE CITY OF BATESVILLE, ARKANSAS; DECLARING AN EMERGENCY, AND <br /> FOR OTHER PURPOSES. <br /> WHEREAS, a petition was duly filed with the City Council for <br /> the City of Batesville, Arkansas, on the 8th day of February, <br /> 1983, asking that the City Council vacate, abandon and close <br /> the sections of the above referenced street as designated on the <br /> plat of Highland Addition to the City of Batesville, Arkansas , now <br /> appearing of record in Deed Book "N-2" at page 166 in the office <br /> of the Recorder of Independence County, Arkansas. <br /> WHEREAS, after due notice as required by law, the City <br /> Council has , at the time and place mentioned in the resolution, <br /> heard all persons desired to be heard on the question and has <br /> ascertained that the street described above has heretofore been <br /> dedicated to the public use as a street as herein described; has <br /> not been actually used by the public generally for a period of <br /> at least five (5) years subsequent to the filing of the plat or <br /> the filing of the petitioners ' petition; that all the owners <br /> of the property abutting upon the portions of the street to be <br /> vacated have filed with the City Council their written consent <br /> to such abandonment; and that the public interest and welfare will <br /> not be adversely affected by the abandonment of such street. <br /> NOW? THEREFORE, BE IT ORDAINED by the City Council of the <br /> City of Batesville , Arkansas: <br /> Section 1 : The City of Batesville Arkansas <br /> does hereby <br /> release, vacate and abandon all of its rights , together with all <br /> the rights of the public generally in and to the street described <br /> as follows: <br /> That part of Center Street abutting Lots 6 and 7, <br /> Block 4 and Lot 5 of Block 3 of Highland Addition <br /> to the City of Batesville, Arkansas. <br /> Section 2: A copy of the Ordinance duly certified by the <br /> City Clerk shall be filed in the office of the recorder of the <br /> County and recorded in the records of the County. <br />