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(I <br />, <br />AN ORDINANCE CLOSING A PORTION OF <br />BRIAR STREET OF FITZHUGH PARK ADDI- <br />TION TO THE CITY OF BATESVILLE, <br />ARKANSAS, BEING THAT PORTION OF <br />BRIAR STREET BOUNDED ON THE NORTH <br />BY THE SOUTH LINE OF BLOCK 16 AND <br />ON THE SOUTH BY THE NORTH LINE OF <br />BLOCK 17 AND EXTENDING WESTWARD TO <br />20TH STREET AND EASTWARD TO THE <br />BATESVILLE COUNTRY CLUB PROPERTY <br />"WHEREAS, a petition was duly filed with the City Council of li <br />I <br />the City of Batesville, Arkansas, on the 28th day of January, 1970 <br />asking the City Council to vacate and abandon all that portion of j <br />the street designated on the Plat of the Fitzhugh Park Addition <br />to said city now appearing of record in Deed Record Book I-7, <br />Pages 241-243 of the deed records in and for Independence County, <br />Arkansas, being that portion of Briar Street bounded on the North <br />by the South line of Block 16 and on the South by the North line <br />of Block 17 and extending westward to 20th Street and eastward to <br />the Batesville Country Club property. <br />WHEREAS, after due notice as required by law, the Council has; <br />at the time and place mentioned in the notice, heard all persons <br />desiring to be heard on the question and has ascertained that the <br />street or the portion thereof hereinabove described, has heretofor <br />been dedicated to the public use as a street herein described; has <br />never been opened and has never actually been used by the public <br />generally since the filing and recording of the Deed of Dedication, <br />and Plat on September 16, 1957; that the owners of the property <br />abutting on the portion of the street to be vacated have filed <br />with the Council their written consent to such abandonment; and j <br />that public interest and welfare will not be adversely affected <br />by the abandonment of such street; <br />NOW, THEREFORE, be it ordained by the City Council of the <br />City of Batesville, Arkansas, as follows, viz: <br />