HomeMy WebLinkAbout1998-09-02 ORDINANCE NO. �' 1
An ordinance vacating First, or Church, Street in the City of Batesville, Arkansas,
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between College Street and the northern boundary of Lot 2, Block 1, and Lot 1, Block 4,
of the Highland Addition,
WHEREAS, a petition was duly filed with the City Council for the City of
Batesville, Arkansas, on the 1 lth day of August, 1998, asking the City Council to vacate
and abandon the sections of the above referenced streets as designated on the plat of
Highland Addition to the City of Batesville, Arkansas, now appearing of record in Deed
Book N-2, Page 166 of the Independence County records.
WHEREAS, after due notice as required by law, the Council has, at the time and
place mentioned in the resolution, heard all persons desiring to be heard on the question
and has ascertained that the streets described above have heretofore been dedicated to the
public use as a street as herein described; have not been actually used by the public
generally for a period of at least five(5)years subsequent to the filing of the plat;that all
the owners of the property abutting upon the portions of the streets to be vacated have
filed, with the City Council, their written consent to such abandonment; and that the public
interest and welfare will not be adversely affected by the abandonment of such streets.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Batesville, Arkansas:
Sec. 1. The City of Batesville, Arkansas, does hereby release vacate and abandon
all its rights, together with the rights of the public generally, in and to the streets
designated as follows:
A tract of land being a part of NW 1/4,NE 1/4 of Section
16. T 13 N. R 6 W. and a part of the Highland Addition,
all in the City of Batesville, Independence County,
Arkansas, more particularly described as follows:
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Beginning at the northeast corner of Lot 2 of Block 1 of
said Highland Addition;thence S 890 3015211 E, 40.00 feet
to the northwest corner of Lot 1, Block 4 of said Highland
Addition;
thence S 000 05' 50" E along said Lot 1, 63.88 feet to the
north right of way line of College Street;
thence S 540 23' 26" W along said north right of way line,
49.14 feet to the east line of said Lot 2;
thence N 000 05' 50" W 92.83 feet to the point of
beginning.
This describes all that part of Church Street (also known as
First Street) lying north of College Street as now located
and as shown on Plat of Record, Book N-2, page 166,
Independence County Records.
Sec. 2. A copy of the ordinance, duly certified by the City Clerk, shall be filed in
the office of the recorder of the county and recorded in the deed of records of the county.
Sec. 3. This Ordinance shall be effective from and after its passage.
PASSED thisAAlay oflal"l-y' 1998.
APPROVED:
On't, /,7 - AW
69"yor
Attest:
City Clerk
(W
CONSENT
I have received a copy of the Application for Closing of First, or Church, Street
which has never been opened.
I own property abutting that street and I hereby consent to its being officially
closed by the Batesville City Council.
Randy Mitc
1
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• APPLICATION FOR CLOSING OF STREETS
TO: CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS:
I,
Comes the petitioners, Doris B. Cain, Merylin Rowlett, Charles Henry Beel, and
Bobby J. Beel, and make this application for the closing of First, or Church, Street in the
City of Batesville, Arkansas, between College Street, and the North Line of Lot 2, Block
1, and the North Line of Lot 1, Block 4 of Highland Addition to the City of Batesville,
Arkansas, and in support thereof, state:
1. Petitioners are the owners of Lot 2, Block 1 and Lot 1, Block 4 of
Highland Addition to the City of Batesville, said lots are adjacent to the street which
petitioners propose to close.
2. First, or Church, Street, between College and the North Line of Lot 2,
Block 1, and the North Line of Lot 1, Block 4 of Highland Addition to the City of
Batesville, Arkansas, has never been officially paved or maintained by the city and has not
been used b the general public for period more than the last five 5 ears.
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3. This is the first application filed for closing of this street.
4. Petitioners will pay for the cost of public notice and conducting the public
hearing.
5. The petitioners propose to sell Lots 1 and 2 of Block 1 of the Highland
Addition, Batesville, Arkansas and this street closing is necessary to clear title to the
unused street in an orderly fashion.
6. Property owners who would be affected by this street closing have all
joined in this petition.
7. The closing of this street will not result in any hardship to other parties or
property owners, will not prejudice the ultimate planning program of the City Council or
the City Planning Commission, and the change would be in the best interest of petitioners
and the City of Batesville.
WHEREFORE, petitioners request that notice of public hearing be published as
required by law for the closing of the above street anti that a public hearing on the
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proposed street closing be held on 1998, and that following said
hearing the City Council enact an ordinance closing said street.
Doris B. Cain, Merylin Rowlett, Charles
Henry Beel and Bobby I Beel
By:
Scott A. El gton
Attorney at Law
P O Box 2676
Batesville, AR 72503
(870) 698-9898
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Legal Description.
A tract of land being all of Lot i lying east of Saint Louis Street,
all of Lot 2 lying north of College Street and all of Lot 4 lying east
of Saint Louis Street and north of College Street, all in Block 1 of
the Highland Addition to the City of Batesville. Independence County,
Arkansas, more particularly described as follows:
beginning at the intersection of the nominal north right of way line of
said College Street and the east right of way line of said Saint Louis Street;
thence N 00'18'34" W along said east right of way line, 191.34 feet to the
north line of said Lot 1;
thence S 89'30'52" E. 136.8 feet to the northeast corner of said Lot 2;
thence S 00'05'50" E along the east line of said Lot 2, 92.83 feet to said
north right of way line:
thence S 54'23'26" W. 167.iB feet to the point of beginning.
Containing 19, 402.83 square feet or 0.4454 acres, more or less,
subject to any and all easements.
Church Street Description
A tract of land being a part of NW 1/4, NE 1/4 of Section 16. T 13 N. R 6 W.
and a part of the Highland Addition, all in the City of Batesville,
Independence County, Arkansas, more particularly described as follows:
beginning at the northeast corner of Lot 2 of Block 1 of said Highland Addition;
thence S 89'30'52" E, 40.00 feet to the northwest corner of Lot 1 Block 4 of said
Highland Addition;
thence S 00'05'50" E along said Lot 1. 63.68 feet to the north right of way line of
College Street;
thence S 54'23'26" W along said north right of way line, 49.14 feet to the east line
of said Lot 2;
thence N 00'05'50" W. 92.83 feet to the point of beginning.
This describes all that part of Church Street (also known as First Street)
lying north of College Street as now located and as shown on Plat of Record,
Book N-2, page 166, Independence County Records.
LAND SURVEYING SERVICES, INC. DORIS CAIN
Scale 165 EAST CHARLES STREET PROPERTY SURVEY
BATESVILLE. ARKANSAS 72501
40 a 40 Telephone (870) 793-2310 Fax 793-9558 Job No. 1474-111 Date 03-16-96
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