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Home My WebLink About1997-12-01 ORDINANCE NO. �— , AN ORDINANCE VACATING AND ABANDONING THAT PART OF 14TH STREET ABUTTING LOTS 7 AND 8 OF BLOCK 75 AND LOTS 1 AND 14 OF BLOCK 76 OF MAXFIELD' S THIRD (3RD) EASTERN ADDITION TO THE CITY OF BATESVILLE, ARKANSAS: DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, Ideal Baking Company, Incorporated and Elmer L. Cochran, Jr. are the sole owners of all lots abutting that part of 14th Street lying between Broad Street and Lawrence Street and more particularly described as that part of 14th Street abutted by Lots 7 and 8 of Block 75 and Lots 1 and 14 of Block 76 of Maxfield' s Third (3rd) Eastern Addition to the City of Batesville, Arkansas; and, WHEREAS, the owners of said abutting lots have consented to the city vacating and abandoning said part of said 14th Street; and, ' WHEREAS, this ordinance is adopted at its regular public meeting and the pros and cons of said action have been discussed and considered; and, WHEREAS, the City Council of the City of Batesville, Arkansas finds as follows : (a) That all abutting property owners have consented to this ordinance and would be benefited by its passage. (b) That said section of 14th Street being vacated is ® no longer needed or required for municipal or public purposes . (c) That the city has authority to adopt this ordinance pursuant to Ark. Code Ann. Sec. 14-301-101, 14- 301-112, 14-54-104 and 14-54-302 as well as other authority granted by the state legislature and other authority inherently possessed by the city. (d) That said section of 14th Street is not commonly used as a thoroughfare by the public. (e) That the major use made of said section is by the owner of the abutting lots in their business activities. (f) That there are sufficient other streets and thoroughfares in the neighborhood to carry the traffic volume through that part of the city. (g) That there is adequate access to all other property in that area and this closure and abandonment would not prevent any access to any other property nor will it cause any undue inconvenience for those desiring access to their property. (h) That said closure would not adversely affect emergency services in said area. (i) That said closure would reduce the cost of the city' s street maintenance and repair. • (j ) That said closure would result in fewer street intersections and would therefore lower accident potential . (k) That said closure would be beneficial to the city' s commercial and economic growth. (1) That the public' s interest and welfare would be benefited by said closure. (m) That said closure would be beneficial to the public for all the reasons specified herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1 : The City of Batesville, Arkansas, does hereby release, vacate and abandon all its rights, together with all the rights of the public generally, in and to the street • described as follows : That part of 14th Street lying between Broad and Lawrence Streets and more particularly described as that part of 14th Street, abutting Lots 7 and 8 of Block 75 and Lots 1 and 14 of Block 76 of Maxfield' s Third (3rd) Eastern Addition to the City of Batesville, Arkansas . Section 2 : That title to that part of 14th Street abandoned herein shall vest in the owners of the lots abutting said abandoned section, namely, Ideal Baking Company, Incorporated and Elmer L. Cochran, Jr. Section 3: That said section of 14th Street being vacated is no longer needed or required for municipal or public purposes and said abandonment and closure would be beneficial to the city and the public for the reasons set • out hereinabove. Section 4 : That the Mayor and City Clerk are hereby directed, pursuant to the statutes cited herein, to execute any document and do such other acts as required to effectuate this ordinance. Section 5: That a copy of this ordinance duly certified by the City Clerk along with a copy of a plat showing the portion of 14th Street so abandoned shall be filed in the office of the Recorder of the County and recorded in the records of the county. Section 6: It is hereby declared that an emergency exists and that this ordinance, being in the best interest of the public and its welfare, shall be effective from and after the date of its passage. PASSED the f� day of LC 1997 . PROVED: OE B D, MAYOR ATTEST: DENISE JOHNSTON, CITY CLERK CERTIFICATE OF RECORD STATE OF ARKANSAS COUNTY OF INDEPENID NCE Fi;od for rw*M OW y th der of D e c- to 9 7 �6 WcOrdsd pP1,�11` -13�- oi,1 r, r iet. ro t Clerk , X D.C. • CONSENT Come now Elmer L. Cochran, Jr. and Lee Cochran, as President and Secretary of Ideal Baking Company, Incorporated, and Elmer L. Cochran, Jr. individually and state as follows : 1 . That Ideal Baking Company, Incorporated is a corporation duly organized and incorporated under the laws of the State of Arkansas . 2 . That we, Elmer L. Cochran, Jr. and Lee Cochran, in our respective capacities as president and secretary of said corporation have the authority to execute this consent. 3. That Elmer L. Cochran, Jr. is an individual residing in Batesville, Independence County, Arkansas . • 4 . That said corporation and said individual are the sole owners of all lots abutting 14th Street in the City of Batesville, Arkansas and lying between Broad and Lawrence Streets, specifically described as Lots 7 and 8 of Block 75 and Lots 1 and 14 of Block 76 of Maxfield' s Third Eastern Addition to the City of Batesville, Independence County, Arkansas . 5. That we, Elmer L. Cochran, Jr. and Lee Cochran, as President and Secretary of Ideal Baking Company, Incorporated, hereby give the corporation' s consent to the City of Batesville, U k4nsas vacating and abandoning said portion of 14th Street and I, Elmer L. Cochran, Jr. , hereby consent to said vacation and abandonment. 6. That we hereby ask and petition that said action be taken as is granted the City of Batesville, Arkansas pursuant to Ark. Code Ann. Sec. 14-301-101, 14-301-112, 14- 54-104 and 14-54-302 as well as that authority otherwise granted by legislative authority or inherently held by said city. IDEAL G COMPANY, I CORPO TED BY• t t ELM L. COCHRAN, JR. , PRESIDENT ATTEST: /'U- LEE COCHRAN, SECRETARY EtlqnA- L. COCHRAN, JR. • TO WHOM IT MAY CONCERN: I am familiar with that part of 14th Street located between Broad and Lawrence Streets . As Street Superintendent I am aware of traffic flow in that part of the city and know that that part of 14th Street is not a common route of travel. Traffic flow would not be affected in any way that would be detrimental to the city if this section were closed. Lawrence Street, Broad Street and other streets in the area can carry the traffic volume through this area without any problem. The vacation and closing of this one block would save the city money in maintenance and repair costs and since Lawrence Street is heavily traveled at times, and used as an emergency route, the closure could prevent some accidents from happening. Sincerely, Sanford St. John City Street Superintendent Dated: • EMERG,% c • W Py11 d � W O Sa 01" Ho-y. Lw.e 1033 E. M. S. Drive • Batesville, AR 72501 • Business Office 793-3351 To Whom it May Concern: I am familiar with that part of 14th Street lying between Broad and Lawrence Streets in Batesville, Arkansas. Upon the request of Don McSpadden, I personally went to that particular area to see what problem closure of that portion of the street might cause. This part of 14th Street is not a part of any emergency plan and is not commonly one used by Independence County EMS in responding to emergencies. In the past this area has been avoided in responding to emergencies. Should there be any emergency in this area, our emergency units would have access to all parts of the neighborhood without any undue inconvenience or loss of time if the street were closed. Sincerely, Myra Looney Wood Executive Director • f IRE Batesville Fire Department 393 College Avenue Chief i Batesville, Arkansas 72501 Keith Stroud CEPS' 698-249 Asse. Chief May 1 , 1997 Bobby Davis, Chief Batesville Fire Department 393 E. College Street Batesville , Ar 72501 RE: Street Closing To whom it may concern: The proposed closing of fourteenth street for one ( 1 ) block • between Lawrence Street and Broad Street will not affect any fire emergency traffic in that area of the city, therefore the fire department has no objection to the closing. Sin erely, Bobby vis, ire Chief PREVENT FIRE e PLITT Webb Patrol cncy 911 Patrol (501)793-9939 Admin. (501)793-9938 *eriff Jail (501)793-8830 Inv. (501)793-8937 JJAD. �iux 4236 Fax (501)793-9861 �Utttesfrille, Arkansas 72503 TO WHOM IT MAY CONCERN: I am familiar with that part of 14th Street lying between Broad and Lawrence Streets in Batesville, Arkansas . To my knowledge this street is seldomly used by the public and any traffic that it does bear can be easily handled by the remaining streets in the area and no area would be non-assessable if this part of 14th Street was vacated and closed. Also, closure would reduce the number of intersections and thereby result in potentially fewer accidents . This part of 14th Street is not a part of any emergency plan and is not commonly used by officers responding to emergencies . If there should be an emergency in this area, emergency units would have easy access to those areas without increased travel or loss of time if this part of 14th Street were closed. Si rely, Ron Webb Dated: