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Home My WebLink About1984-03-01-R ,,. ?14 - 3 - 1 BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS IN RE: PETITION OF M. F . HIGHSMITH, PRESTON W. GRACE, SR. , DOYLE W. ROGERS , SR. , GUY MOSELEY, C. E. LEONARD AND MARY M. LEONARD, HIS WIFE, TO VACATE AND ABANDON ADLER STREET AND BALL STREET EXTENDED RESOLUTION WHEREAS , M. F. Highsmith, Preston W. Grace, Sr. , Doyle W. Rogers, Sr. , Guy Moseley, C. E. Leonard and Mary M. Leonard , his wife, have filed a petition asking the Batesville City Council to adopt an ordinance vacating, closing and abandoning Adler Street and Ball Street Extended within the City of Batesville, Independence County, Arkansas ; and WHEREAS, the City Council desires to hold a public hearing in order to determine whether said petition should be granted and such an ordinance enacted . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS , that the City Clerk be, and he is hereby, directed to give notice by publication once a week for two weeks in the Batesville Daily Guard and then on the J day of April, 1984 at 7 : 00 P .M. , there shall be held before the Batesville City Council a public hearing in the City Hall of Batesville, Arkansas, on such petition to determine whether it should be granted and the requested ordinance enacted . ADOPTED this 7�L day of March, 1984 . (W J '11,17,11 t OR ATTEST: CITY CLERK r BEFORE THE CITY COUNCIL OF BATESVILLE , ARKANSAS IN RE: PETITION OF M. F. HIGHSMITH, PRESTON W. GRACE , SR. , DOYLE W. ROGERS , SR. , GUY MOSELEY, C. E. LEONARD AND MARY M. LEONARD , HIS WIFE, TO VACATE AND ABANDON ADLER STREET AND BALL STREET EXTENDED Come now the petitioners, by and through their attorneys, Highsmith, Gregg , Hart, Farris & Rutledge, and for their petition to vacate, close and abandon Adler Street and Ball Street Extended in Batesville, Independence County, Arkansas , state : (1) Petitioners are the sole owners of all lands abutting Adler Street and Ball Street Extended . Attached hereto marked Exhibit "A" and incorporated herein is a plat reflecting Adler Street and Ball Street Extended which are the subject of this petition. Adler Street runs in an east-west direction and is located east of Cedar (Cedarwood) Street and west of Ball Street Extended in the City of Batesville, Arkansas ; Ball Street Extended runs in a north-south direction from Adler Street . (2) Said streets were dedicated to the City of Batesville, Arkansas pursuant to a plat filed in Book V-7 , page 552A of the records of Independence County, Arkansas . A copy of said plat is attached hereto as Exhibit "B" and incorporated herein. Petitioner are seeking to have said streets vacated, closed and abandoned because they are not required for corporate purposes of the City, have not been actually used by the public as a street or alley for a period of over five (5) years ; and in fact, have never been opened to use by the general public since their dedication. The vacating, closing and abandoning of said streets will be in the best interest of petitioners , who are the only abutting land- owners, will be in the best interest of the public in general, and the best interest of all interested parties . (W never been opened or used by the public in general . (4) The petitioners request that after giving such notice it deems proper, the City Council conduct a public hearing, at which time petitioners and other interested parties may be heard ; that the Council find that Adler Street and Ball Street Extended as described and reflected on the plat attached hereto are not required for corporate purposes, have never been used by the public as a street or alley since their date of dedication; further that said Council adopt an ordinance providing that the City of Batesville releases , vacates and abandons all its rights, together with the rights of the public generally, in and to Adler Street and Ball Street Extended as the same are reflected ® on the plat attached hereto; and that upon the adoption of said ordinance, the absolute ownership of the property abandoned shall vest in the owners of said real property abutting said street, and that said City Council take all other necessary and proper action in order to vacate, close and abandon said streets. WHEREFORE, petitioners herein pray that the City Council of Batesville, Arkansas grant the relief herein requested, and take all necessary and proper action to vacate, close and abandon Adler Street and Ball Street Extended as reflected on the plat hereto, and for all other relief to which petitioners might be entitled. HIGHSMITH, GREGG , HART, FARRIS & RUTLEDGE Attorneys at Law Box 2496 Batesville, 2503 By John Gre g Attorneys for Petitioners 00 �1 4s 1.N. PorAll '+r J.MoC Win y G 1. [. Lose" Q 11�1 " P open a. Com A.ftft L. �1► sr �. �r.oll C�thrise M' Moto1 W 40ior rd we rf"d Odle r J a ifWdk E. h s. � Jr. WaONs 9rouks V. 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L ,t xv N 1 r e � ^� t • 7 1� ) �.� is .. � � �ti 4 4Ca.Q•� „',�(� .t W:p t y �" T�` )i}� t' ,� 1j � eM"�' �Y � _ '"a 'a �� ?.. d ) •T'1R ry�C � b � -.-2rp -" rs > �7 " �'.,• s,' 'm•#°t '4X� h� 6 z,:i J S 'dti % k wtk s.' � �: ,^5 '• �Y �l !x ('{.iw r.y.kt Xs+L,."1 lk:. 2; 4'"w' i; ,,�-�C a •'.� L �"� r to t 1. st ^.L �" � r,. �. Y•A'•'� t .•R- -.� i A 1, r 1,' 'z'� ,.• '!J •�i ter► �,1'�^. T.• ...•+ i L r ,�pp ,,fi�rr y,;.:.+,.•-r-`-... � (W BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS IN RE: PETITION OF M. F . HIGHSMITH,PRESTON W. GRACE , SR. , DOYLE W. ROGERS , SR. , GUY MOSELEY, C. E. LEONARD AND MARY M. LEONARD, HIS WIFE, TO VACATE AND ABANDON ADLER STREET AND BALL STREET EXTENDED AMENDMENT TO PETITION Come now the petitioners , by and through their attorneys , Highsmith, Gregg, Hart , Farris & Rutledge, by John C. Gregg, and for their amendment to their petition to vacate, close and abandon Adler Street and Ball Street Extended in Batesville, Independence County, Arkansas , state: (1) Petitioners readopt and reallege all allegations set forth in their original petition filed herein. (2) To more definitely describe the streets to be vacated and abandoned , petitioners would state: (a) Adler Street should be and hereby is described as all of that portion of Adler Street in Batesville, Independence County, Arkansas , bounded on the north by Block 6 of Ball ' s Second Addition, City of Batesville, Arkansas, and bounded on the south by Block 5 of Ball ' s Second Addition, City of Batesville, Arkansas . (b) Ball Street Extended should be and hereby is described as all that portion of Ball Street bounded on the west by Block 6 of Ball ' s Second Addition, City of Batesville, Arkansas , and bounded on the east by a (W portion of Lot 5 , and all of Lots 6 , 7 and 8, Block 7 of Ball' s Second Addition, City of Batesville, Arkansas . (c) A copy of said plat of Ball ' s Second Addition is found in Deed Book V-7 , page 552A of the records of Independence County, Arkansas, and a copy of said plat WHEREFORE, petitioners herein pray that their petition as previously filed herein be amended, that the City Council of Batesville, Arkansas grant the relief herein requested, and take all necessary and proper action to vacate, close, and abandon Adler Street and Ball Street Extended as hereinabove described and as reflected on the plat attached to petitioners original petition, and for all other relief to which petitioners might be entitled. HIGHSMITH, GREGG, HART, FARRIS & RUTLEDGE Attorneys at Law Box 2496 Bates"Ge 3 By Jo (W Attorney for Petitioners i i i i (W NOTICE OF PUBLIC HEARING Notice is hereby given that on the 10th day of April, 1984 , at 7 : 00 P.M. , there shall be held before the Batesville City Council at the City Hall of Batesville, Arkansas , a public hearing on the petition filed by M. F. Highsmith, Preston W. Grace, Sr. , I Doyle W. Rogers, Sr. , Guy Moseley, C. E. Leonard and Mary M: Leonard, his wife, asking that Adler Street and Ball Street Extended in the City of Batesville, Arkansas , be vacated , closed, and abandoned by the City. Those portions of Adler Street and Ball Street Extended are defined as follows : (a) Adler Street should be and hereby is described i as all of that portion of Adler Street in Batesville, Independence County, Arkansas, bounded on the north by Block 6 of Ball ' s Second Addition, City of Batesville, Arkansas , and bounded on the south by Block 5 of Ball ' s Second Addition, City of Batesville, Arkansas . (b) Ball Street Extended should be and hereby is described as all that portion of Ball Street bounded on the west by Block 6 of Ball ' s Second Addition, City of Batesville, Arkansas , and bounded on the east by a portion of Lot 5 , and all of Lots 6 , 7 and 8, Block 7 of Ball ' s Second Addition, City of Batesville, Arkansas . i (c) A copy of said plat of Ball ' s Second Addition i i is found in Deed Book V-7 , page 552A of the records of Independence County, Arkansas , and a copy of said plat is attached to petitioners ' original petition. Said petition further asks that the Batesville City Council pass an ordinance vacating, closing, and abandoning the above described streets and vesting title thereto in the petitioners. All property owners affected thereby and any other persons - --- - - - � - -- --- -r - - - -1 'L-- -- _t -.-..--- s... -- ..-- 1, --1. -A-4 .....7 ..47