HomeMy WebLinkAbout1999-03-01 rrr r✓
CITY OF BATESVILLE
ORDINANCE NO. 22.-3--
BEFORE THE CITY COUNCIL
OF THE CITY OF BATESVILLE, ARKANSAS
AN ORDINANCE VACATING STATE STREET,
RETAINING AN EASEMENT
AND FOR OTHER PURPOSES
An ordinance vacating the platted but unopened part of State Street in the City of
Batesville, Arkansas, lying north and west of the Missouri Pacific Railroad right of way of
Lots 1, 2 and 3 of Block 13 of Old Town Addition of Batesville, Arkansas and Lot 1, 2, 3,
4, and 5 of Block 12, Old Town Addition to the City of Batesville Arkansas; and
WHEREAS, a petition was duly filed with the City Council for the city of Batesville,
Arkansas on the 9th day of March, 1999, asking the City Council to vacate and abandon the
section of the above referenced street as designated on the plat of Old Town Addition to the
City of Batesville, Arkansas, now appearing of record in Deed Book A, Page 62 of the
Independence County records; and
( WHEREAS, after due notice as required by law, the Council has, at the time and
fir• place mentioned in the resolution, heard all persons desiring to be heard on the question and
has ascertained that the street described above has heretofore been dedicated to the public use
as a street as herein described; has 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 street to be vacated has 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; and
WHEREAS, the City of Batesville, Arkansas desires to retain an easement 20 feet in
width along the northeastern side of the former street right of way for the purpose of
constructing and maintaining water and sewer lines and the fixtures and fittings appurtanant
thereto;
NOW BE IT THEREFORE ORDAINED, as follows:
1. The City of Batesville, Arkansas, does hereby release vacate and abandon its
rights, together with the rights of the public generally, in and to the street designated as
follows, subject to an easement 20 feet in width along the northeastern side of the former
street right of way for the purpose of constructing and maintaining water and sewer lines and
the fixtures and fittings appurtanant thereto.
The platted but unopened part of State Street in the City of Batesville,
Arkansas lying north and west of the Missouri Pacific Railroad right of way in
Lots 1, 2 and 3 of Block 13 of Old Town Addition of Batesville, Arkansas and
Lots 1, 2, 3, 4 and 5 of Block 12, Old Town Addition to the City of
Batesville, Arkansas, subject to an easement 20 feet in width along the
northeastern side of the former street right of way for the purpose of
constructing and maintaining water and sewer lines and the fixtures and fittings
appurtanant thereto.
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.
3. This Ordinance shall be effective from and after its passage.
IT IS SO ORDAINED this 3'day of o t C h , 1999.
0
)ONORABLE JOE BAIRD, MAYOR
ATTEST:
IL Lo1 l,�-
DENISE JOHNSTON, tLERIK
Now
APPLICATION FOR CLOSING OF A PORTION OF STATE STREET
TO: CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS:
Comes now the Petitioner, Barney Hightower, and makes this application for the
closing of the platted but unopened part of State Street in the City of Batesville, Arkansas,
lying north and west of the Missouri Pacific Railroad right of way in the City of Batesville,
Arkansas, and in support thereof, state:
1. Petitioner is the owner of Lots 1, 2 and 3 of Block 13 of Old Town Addition of
Batesville, Arkansas and Lot 1, 2, 3, 4 and 5 of Block 12, Old Town Addition to Batesville,
Arkansas, with said lots being adjacent to the street which petitioner proposes to close.
2. State Street has never been officially paved or maintained by the city and has not
( been used by the general public for a period of more than the last five (5) years.
err 3. This is the first application filed for closing of this street.
4. Petitioner will pay for the cost of public notice and conducting the public hearing.
5. Property owners who would be affected by this street closing have all joined in
this petition, in that the Petitioner is the only adjoining landowner.
6. 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.
7. The petitioner proposes to improve the appearance of this area by clearing and
filling that area which now constitutes the unopened portion of State Street.
fir►
WHEREFORE, Petitioner, Barney Hightower, request that notice of public hearing
be published as required by law for the closing of the above street and that a public hearing
on the proposed street closing be held on March 23, 1999, and that following said hearing
the City Council enact an ordinance closing said street.
BARNFY HIGHTOWER
C. ERIC HANCE'
STATE BAR NO. 82071
HANCE LAW FIRM
P O BOX 4175
BATESVILLE, AR 72503
(501) 793-7083
L
CONSENT
I have received a copy of the Application for Closing a Portion of State 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.
,41n�n /Z� �wl�
BARNEY IGH WER
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LAND SURVEYING SERVICES, INC . BARNEY HIGHTOWER
_ Scale 165 EAST CHARLES STREET PROPERTY SURVEY
1 BATESVIL LE, ARKANSAS 72501
60 0 Telephone (501) 793-2310 Fax -9558 1057-111 OS-06-S8
Date