1983-11-01 - Laserfiche WebLink

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w ORDINANCE NO. AN ORDINANCE VACATING THAT PART OF REYNOLDS STREET ABUTTING LOTS 5, 6, 7 AND 8 IN BLOCK 11 AS WELL AS THAT PORTION OF REYNOLDS STREET ABUTTING LOTS 1, 2 AND 3 OF BLOCK 14 ALL OF THE FITZHUGH PARK ADDITION TO THE CITY OF BATES- VILLE, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, a petition was duly filed with the City Council for the City of Batesville, Arkansas , on the 11th day of October, 1983, asking that the City Council vacate, abandon and close the sections of the above referenced street as designated on the plat of Fitzhugh Park Addition to the City of Batesville, Arkansas, now appearing of record in Deed Book I-7 at page 243, in the office of the Recorder of Independence County, Arkansas. WHEREAS, after due notice as required by law, the City Council has, at the time and place mentioned in the resolution, heard all persons desiring to be heard on the question and has ascertained that the street described above has heretofore been dedicated to the public use as a street as herein described; has not been actually used by the public generally for a period of at least five (5) years subsequent to filing of the plat or the filing of the petitioners ' petition; that all the owners of the property abutting upon the portions of the street to be vacated have filed with the City Council their written consent to such abandonment; and that the public interest and welfare will not be adversely affected by the abandonment of such street. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Batesville, Arkansas : Section l: The City of Batesville, Arkansas , does hereby release, va- cate and abandon all of its rights , together with all of the rights of the public generally except right of way for water and sewer utilities in and to Qthe street described as follows: That part of Reynolds Street abutting Lots 5, 6, 7 and 8 in Block 11 as well as that part of Reynolds Street abutting Lots 1, 2 and 3 of Block 14 all of the Fitzhugh Park Addition to the City of Batesville, Arkansas. Section 2: A copy of the Ordinance duly certified by the City Clerk shall be filed in the office of the recorder of the County and recorded in the records of the County. Section 3: That title to said abandoned street shall vest in the pe titioners as set out by Arkansas law. Section 4: It is hereby declared that an emergency exists and that this ordinance shall be effective from and after the date of its passage.