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ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 891; CLARIFYING PORTIONS OF FITZHUGH STREET WHICH ARE CLOSED; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES: WHEREAS, the Batesville City Council did on or about May 9, 1978 adopt Ordin- ance No. 891 closing a portion of Fitzhugh Street located in the City of Batesville, Arkansas , with said Ordinance providing that Fitzhugh Street would be closed west of 24th Street; however, said ordinance was in error due to the fact that the petitioners requesting said closing did not own property adjoining and adjacent to the entire street which was closed and it was not their intention, as shown by the attached Affidavit, to close all that por- tion of the street which was actually closed. And, WHEREAS, it was not the intention of the Batesville City Council to close all that portion of Fitzhugh Street which was actually closed. And, WHEREAS, it is now necessary, in order to have the records of the City as well as that of the Independence County Recorder correctly reflect the portion of Fitzhugh Street which is closed THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARK- ANSAS AS FOLLOWS: • SECTION 1: That Ordinance No. 891 of the City of Batesville, Arkansas is hereby amended, as it pertains to the closing of Fitzhugh Street, to read as follows: A. That that portion of Fitzhugh Street lying West of 24th Street and bounding the below described property shall be and is hereby abandoned, vacated and closed: A tract of land being a part of the North Half of the Southwest Quarter of Section Fifteen in Township Thirteen North and Range Six West of the Fifth Principal Meridian in the City of Bates- ville, Independence County, Arkansas , more particularly described as follows : Commencing at the West Quarter Section Corner of said Section 15; thence South a distance of 35.00 feet; thence East, a distance of 920.00 feet to the Point of Beginning on the South Right-of-way line of Harrison Street; thence South 88 degrees 46 minutes 03 seconds East along said South Right-of-way line, a distance of 672. 70 feet to a point on the West Right-of-way line of Twenty- Fourth Street; thence South 00 degrees 53 minutes 00 seconds West along said West Right-of-way line a distance of 575.23 feet; thence North 88 degrees 17 minutes 00 seconds West, a distance of 494.80 feet; thence North 00 degrees 53 minutes 00 seconds East, a distance of 218. 30 feet; thence North 89 degrees 01 minutes 00 seconds West, a distance of 177.93 feet; thence North 00 degrees 53 minutes 00 seconds East, a distance of 353.52 feet to the Point of Beginning. That Ordinance No. 891 is amended to reflect the portion of Fitzhugh Street abandoned, vacated and closed, and no other portion or part of Ordinance No. 891 shall be affected by this amendment and all other parts of said Ordinance No. 891 shall remain in full force and effect. r PASSED AND APPROVED this day of 1984. on. J4m—Siell , Mayor ATTEST: Larry Williamt , City Clerk