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• ORDINANCE NO. 4001- 1-1
•
AN ORDINANCE VACATING AND ABANDONING ALL THAT
PART OF EVANS STREET AND AGNES STREET IN BATESVILLE,
INDEPENDENCE COUNTY, ARKANSAS JOINING LOTS 3 AND 4
OF BLOCK 46 OF MAXFIELD'S WESTERN ADDITION TO THE
CITY OF BATESVILLE, ARKANSAS
WHEREAS, a Petition was duly filed with the City Council for
Batesville, Independence County, Arkansas on December 12 , 2000,
asking the City Council to vacate and abandon all that part of
Evans Street and Agnes Street in Batesville, Independence County, j
Arkansas that joins Lots 3 and 4 in Block 46 of Maxfield's Western
Addition to the City of Batesville, Arkansas; and
WHEREAS, after due notice as required by law, the City Council
Ihas, at the time and place mentioned in the Notice, heard all
• persons desiring to be heard on the question and has ascertained:
(1) That all that part of Evans Street and Agnes Street in
Batesville, Independence County, Arkansas joining Lots 3 and 4 of
Block 46 of Maxfield's Western Addition to the City of Batesville,
Arkansas has heretofore been dedicated to the public use as a
street.
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(2) That all of the owners of the property abutting upon
Evans Street and Agnes Street in Batesville, Independence County,
Arkansas that joins Lots 3 and 4 of Block 46 of Maxfield's Western
Addition to the City of Batesville, Arkansas have consented to such
vacation and abandonment.
(3) That the public interest and welfare will not be
adversely affected by the vacation and abandonment of all that part
of Evans Street and Agnes Street in Batesville, Independence
County, Arkansas that joins Lots 3 and 4 of Block 46 of Maxfield's
Western Addition to the City of Batesville, Arkansas and that
portion of said streets is not required for any corporate purpose.
(4) All that part of Evans Street and Agnes Street in
Batesville, Independence County, Arkansas, that joins Lots 3 and 4
of Block 46 of Maxfield's Western Addition to the City of
Batesville, Arkansas has never been opened as a right-of-way to the
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public and has not been used by or for the public as a street or
alley for a period of more than five (5) years last past; and
(5) That no public inconvenience with result from the
• closing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
BATESVILLE, ARKANSAS:
Section 1. The City of Batesville, Arkansas hereby releases,
vacates and abandons all its rights, together with the rights of
the public generally, in and to all that part of Evans Street and
Agnes Street in Batesville, Independence County, Arkansas, that
joins Lots 3 and 4 of Block 46 of Maxfield's Western Addition to
the City of Batesville, Arkansas, all as more particularly set
forth and described in Exhibit "A" to the Petition filed herein.
Section 2 . Absolute ownership of all that part of Evans
Street and Agnes Street in Batesville, Independence County,
Arkansas that joins Lots 3 and 4 of Block 46 of Maxfield's Western
• Addition to the City of Batesville, Arkansas, shall vest in The
Bank of Cave City, William Otis Harper and Willene Osborne Harper,
his wife, and Robert Douglas Collins and Tabatha Lynn Collins, his
wife, the owners of the property abutting all that part of Evans
Street and Agnes Street in Batesville, Independence County,
Arkansas that joins Lots 3 and 4 of Block 46 of Maxfield's Western
Addition to the City of Batesville, Arkansas.
Section 3 . A copy of this Ordinance duly certified by the
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City Clerk shall be filed in the Office of the Recorder of Deeds
and Records in Batesville, Independence County, Arkansas.
Section 4 . This Ordinance shall take effect and be in force
from and after its passage.
PASSED this 9th day of January, 2001.
q2e� Biard, Mayor
ATTEST:
City Clerk
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CERTIFICATE
I, Denise Johnston, Clerk of the City of Batesville,
Independence County, Arkansas, do hereby certify that the following
and hereto attached document of writing is a true and perfect copy
of Ordinance No:- , duly adopted by the City Council of
Batesville, Arkansas at its regular meeting on January 9, 2001.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal as Clerk of the City of Batesville, Arkansas this
tday of January, 2001.
City Clerk
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BEFORE THE CITY COUNCIL OF BATESVILLE,
INDEPENDENCE COUNTY, ARKANSAS
PETITION OF THE BANK OF CAVE CITY, WILLIAM OTIS
HARPER AND WILLENE OSBORNE HARPER, HIS WIFE, AND
ROBERT DOUGLAS COLLINS AND TABATHA LYNN COLLINS,
HIS WIFE, TO VACATE AND ABANDON A PORTION OF
EVANS STREET AND AGNES STREET
Comes now the Bank of Cave City, William Otis Harper and
Willene Osborne Harper, his wife, and Robert Douglas Collins and
Tabatha Lynn Collins, his wife, by and through their attorneys,
GREGG and FARRIS by John C. Gregg, and for their Petition to
Vacate, Close and Abandon a Portion of Agnes Street and Evans
Street in Batesville, Independence County, Arkansas, state:
(1) Petitioners are the sole owners of all lands abutting
that portion of Evans Street and Agnes Street sought to be vacated,
abandoned and closed. A copy of a survey prepared by Carpenter
Surveying dated November 27 , 2000 is attached hereto, marked
Exhibit "A" and incorporated herein. The portion of Evans Street
and Agnes Street sought to be vacated, closed and abandoned is all
that part of each street adjoining Lots 3 and 4 to the West and
adjoining Lot 4 to the North, all in Block 46 of Maxfield's Western j
Addition to the City of Batesville, Arkansas, more particularly
described as follows:
Commencing at the NE corner of said Block 46
at the intersection of Evans and Edith
Streets, thence along the line of Evans Street
200 feet to rock for corner, the Point of
Beginning; thence at right angles to Evans
Street and parallel with Edith Street a
distance of 150 feet to corner; thence in a
Southwesterly direction parallel with Edith
Street, a distance of 100 feet, more or less,
to the line of Agnes Street for corner; thence
along the line of Agnes Street 150 feet to
(W Evans Street; thence along the line of Evans
Street 100 feet, more or less, to rock for
corner and Place of Beginning.
(2) No portion of either street has been opened as a right of
way to the public or has been used by the public as a street or
alley for a period of more than five (5) years last past. No
portion of either street is required for the corporate purposes of
the City. The passage of an ordinance by the City Council
vacating, closing and abandoning the portion of said streets
requested will better provide for the public welfare, safety,
comfort and convenience of the inhabitants of the City of
Batesville and will be in the best interest of the Petitioners who
hereby consent thereto, as the only abutting landowners.
(3) Petitioners further state that the general public will
not be inconvenienced by the passage of an ordinance vacating,
closing and abandoning the requested portions of said streets.
Neither portion of said streets have been open to the public since
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their date of dedication. Therefore, the public interest and
welfare will not be adversely affected by the vacating, closing and
abandoning of the portion of Evans Street and Agnes Street
requested.
(4) The Petitioners pray: (1) that, after giving such notice
as is required by statute, the City Council conduct a public
hearing, at which time the Petitioners and other interested parties
may be heard; (2) that the Council find the portions of Evans i
Street and Agnes Street abutting Lots 4 and 5 of Block 46 of
Maxfield's Western Addition to the City of Batesville, Arkansas
• J �
have not been actually used by the public as streets or alleys for
a period of five (5) years and that they are not required for
corporate purposes; (3) that the Council adopt an ordinance
providing that the City of Batesville release, vacate and abandon
all of its rights, together with the rights of the public
generally, in and to the portion of Agnes Street and Evans Street
abutting Lots 4 and 5 of Block 46 of Maxfield's Western Addition as
described on Exhibit "A" , and upon adoption of said ordinance, the
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absolute ownership of the property abandon shall vest in the
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Petitioners as the owners of the real property abutting that
portion of Agnes Street and Evans Street; and (5) that the City
Council take all other necessary and proper action in order to
vacate, close and abandon the portion of Evans Street and Agnes
Street as set forth herein.
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WHEREFORE, Petitioners pray that the City Council of j
Batesville, Independence County, Arkansas, granted the relief
herein requested and take all necessary and proper action in order
to vacate, close and abandon that portion of Evans Street and Agnes
Street as requested herein.
BANK OF CAVE CITY, WILLIAM OTIS
HARPER AND WILLENE OSBORNE j
HARPER, HIS WIFE, AND ROBERT
DOUGLAS COLLINS AND TABATHA LYNN
COLLINS, HIS WIFE, PETITIONERS
GREGG and FARRIS
Attorneys at Law
P. O.Box 2496
Batesville, A 713
By:
John C. Gregg
Bar I .D. No. 70 31
0 40
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SCAB[ IN FEET
1• ' I CORNER ILOC9 If
INTEASICTiON OF
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WARRANTY DEED DESCRIPTION
A pars ei Lesa 3 cnd t tlt Brack �t of MaxFtcld's ttneate�n l►d��ilon_to ne _
1:oty of po�es.rtte Arkomsns dascrrbad th�sr Ca+nanc ng of the NE corner
of lard Cock 40 at the intersection of Evans and Ea-Im Strtettr thence - ----- - -
ong the lint cf Evans Street 200 feet to rock For corner. the Point of
Be91nnrn9: thence at r-tpht angles to Evans Strett and porallel with Edrtn
6t te. a dtitOnct of 150 feet to cornerr thanes rn o Lcush.es:[rly drrec:r,n
poratiet witn Edith Street. a distance or 100 feet. rare or toss. to the
line OF' Agnes Street. for corner. tnenee alar9 The tree of Ag-es Srree:
SO feet to Evans Street: thence olony tnt I ne er Evans Sheet IOC feet.
I more or Itst. to rock for corner Ord tact of Be g,nninp.
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CARPENTER
SURVEYINGor'r FOR
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APP*Nrl OC yrr WV 27. 2000
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BEFORE THE CITY COUNCIL OF BATESVILLE,
INDEPENDENCE COUNTY, ARKANSAS
RE: PETITION OF THE BANK OF CAVE CITY,
WILLIAM OTIS HARPER AND WILLENE
OSBORNE HARPER, HIS WIFE, AND ROBERT
DOUGLAS COLLINS AND TABATHA LYNN COLLINS,
HIS WIFE, TO VACATE AND ABANDON A PORTION
OF EVANS STREET AND AGNES STREET
NOTICE OF PUBLIC HEARING
Notice is hereby given that on the day of January, 2001
at '} ,_ p.m. there shall be held before the Batesville City
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Council at the City Hall of Batesville, Independence County,
Arkansas, a public hearing on a Petition filed by the Bank of Cave
City, William Otis Harper and Willene Osborne Harper, his wife, and
Robert Douglas Collins and Tabatha Lynn Collins, his wife, asking
that all that part of Evans Street and Agnes Street in Batesville,
Independence County, Arkansas joining Lots 4 and 5 of Block 46 of
Maxfield's Western Addition to the City of Batesville Arkansas as
more particularly described in the Petition, be vacated, closed and
abandoned by the City. Said Petition further asks that the
Batesville City Council pass an ordinance vacating, closing and
abandoning that portion of said streets and vesting title thereto
in the Petitioners.
All property owners affected thereby and other persons
interested in or affected by such Petition are hereby advised of
the hearing and notified of their right to be present and be heard.
Denise Johnst n, City Clerk
(SEAL)
EASEMENT
• KNOW ALL BY THESE PRESENTS:
That the City of Batesville, Arkansas for and in
consideration of $1. 00 and other good and valuable
consideration, do hereby grant, bargain, and sell to
the Estate of Oscar Neil Vanemburg, and his heirs, successors
and assiqns, the right of ingress and egress across the
following described property:
Beginning at a point on the West right-of-way line
of Addie Street, in Batesville, Arkansas where it
would intersect the mid point line of West Rich
Street, thence in a Westerly direction and parallel
with West Morrow Street and until it intersects the
Estate of Oscar Neil Vanemburg property, with the
easement to be a strip 20 foot wide on either side
of the above described line.
And the City of Batesville, Arkansas, for and in
consideration of the consideration hereinabove cited,
do release and relinquish any right of dower, curtsey
t
or homestead in and to the above described easement insofar
as such rights are affected by these documents.
IN WITNESS WHEREOF, I have hereunto set my hand this
45-"qday of =S /feet , 1999 .
CITY OF BATESVILLE, ARKANSAS
BY: Q,- — &'
• STATE OF ARKANSAS ) ACKNOWLEDGMENT
SS.
COUNTY OF INDEPENDENCE )
BE IT REMEMBERED, that on this day came before me, the
undersigned, Notary Public within and for the county
aforesaid, duly commissioned and .Tn. M Riar�
to me well known as the Grantor in the foregoing Easement
and acknowledged that he had executed the same for the
consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this
15th day of S�rztemhPr 1999.
< N ary Public
cj'MYd0h dission Expires:
• � CERTIFICATE OF RECORD
J!
STATE OF ARKANSAS )
COUNTY OF INDEPENDENCE )
I, "Re-tfv Cry tch,er , Clerk of the Circuit
Court and Ex-Officio Recorder for the County aforesaid, do
hereby certify that the within and foregoing instrument of
wr ting was filed for record in my office on this /5-A day of
Gt>>heti A.D. 19_a at .'O o'clock -M. , nd the same
is now duly recorded, with the acknowledgments and
certificates thereon, in "Record Book Page
Page
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of said Court, this � day of ^�
19 �9
CLERK
i � J
SCOTT M. STALKER
Attorney at Law
(W Batesville Municipal Building
Telephone 500 East Main,Suite 302
Bus. 870-793-3288 August 16, 1999 PO Box 2235
Fax 870-793-3868 Batesville,AR 72503-2235
Honorable Joe Biard, Mayor
Batesville Municipal Building
500 E. Main Street
Batesville, AR 72501
RE: Possible Sale of Easement to the Estate of Neil Vanemburg, deceased
Independence Probate No. P-97-96
Dear Mayor Biard:
I have been contacted by Steve Bell, counsel for the above referenced
estate regarding the possible purchase of an easement to that estate's property
located near West Rich Street. West Rich is a designated street that has never been
used or improved in any way. I think if you will look at the property, you will see
that is very much the case.
Recently, Mr. Paul Maples placed a home on property that was formerly a
(W dedicated street named Penrod. That street has since been closed and the house
was legally placed. However, that alley that was to be Penrod was the only access
ithat Mr. Bell's clients had to that property which obviously, they can no longer
use.
I have enclosed a copy of the street map with the portion of West Rich
highlighted for your convenience. If you would like to discuss this with Mr. Bell or
myself, please give us a call.
With best regards, I am
Sincere yours,
WAttorney
Stalker
at Law
SMS:rq
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(W cc: Mr. Steve Bell w/o Enc.
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�. BELEW & BELL
*, ATTORNEYS AT LAW
500 EAST MAIN,SUITE 208
BATES VILLE,ARKANSAS 72501
• TELEPHONE(870)7934247
JOHN M. BELEW 1-800-214-2626 TELECOPIER
STEVE BELL (870)793-2055
August 27, 1999 e-mail: bylaw@cei.net
Mr. Scott Stalker
Batesville City Attorney
500 East Main Street, Suite 300
Batesville, Arkansas 72501
RE: Estate of Oscar Neil Vanemburg, deceased
Independence County Probate No. P-97-96
Dear Scott,
Enclosed please find a proposed Easement for the City
to grant to the Estate of Oscar Neil Vanemburg to protect
access to the property that they own in West Batesville.
If it meets with your approval I will appreciate it if you
would take the necessary steps to have it properly signed.
Of course I will do whatever you feel is necessary to
assist you in this matter.
Cordially,
Steve Bell
SLB/jd
Enclosure
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