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. i <br /> i <br /> • 0 <br /> IN RE: Application of Frank Forshee for Rezoning <br /> AFFIDAVIT <br /> �j Carter Jeffery, Jr. and Fitzhugh Spragins, after first being <br /> duly sworn, state on oath as follows: <br /> 1 <br /> ( ) Affiants are the managing partners of The Oaks Shopping <br /> , <br /> Center, a Partnership. <br /> i <br /> (2) On or about <br /> May 9 , 1978 by Batesville City <br /> Ordinance No. 891 affiants effected the closing of a portion <br /> ' of Fitzhugh Street in the City of Batesville, Arkansas. <br /> (3) While the ordinance provided for the closing of "that <br /> portion of Fitzhugh Street lying West of 24.th Street" it was the <br /> intent of affiants to close only so much of that portion of <br /> • +i Fitzhugh Street that lay within the boundaries of the property <br /> owned by affiants . <br /> (4) That the east boundary of said property is the west <br /> I <br /> line of 24th Street in Batesville, Arkansas and the west line of <br /> said property runs north and south and is approximately 70 feet <br /> east of the east boundary line of what was formerly 22nd Street <br /> between Harrison and Fitzhugh Streets . <br /> (5) That the affiants do not and did not at the time of the <br /> enactment of the ordinance own lands on either side of Fitzhugh <br /> Street west of the east boundary line of 22nd Street (which has <br /> now also been closed. ) <br /> Further, affiants sayeth not . <br /> THE OAK SHOPPING CENTER, A PARTNERSHIP <br /> 41i <br /> Caz er Je f , t. , Managing Partner <br /> i <br /> FitzhS rag ns, Managing Partner <br /> State of Arkansas } <br /> ss . <br /> County of Independence ) )) <br /> Subscribed and sworn to before me this �2�Iday of <br /> �"r) Xi l . 1984 . ) <br /> Notary Public <br /> My Com Sion Expires: <br />