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Home My WebLink About1990-08-01 ORDINANCE AN ORDINANCE VACATING THE CULDESAC LOCATED IN BLOCK FOUR (4) OF COLLEGE HEIGHTS ADDITION, BATESVILLE, ARKANSAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Whereas, a petition was duly filed with the City Council of the City of Batesville, Arkansas, on the 10th day of July, 1990, asking the City Council to vacate and abandon all that portion of the culdesac in Block Four (4) designated on the plat of the College Heights Addition to the City now appearing of record in Plat Book "T-7" at page 488 in the office of the Recorder of Independence County; and Whereas, after due notice as required by law the Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has • ascertained that the culdesac, hereinbefore described, has heretofore been dedicated to the public use; 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 culdesac to be vacated have filed with the Council their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the culdesac. Now, therefore, be it ordained by the City Council of the City of Batesville, Arkansas: Section 1. The City of Batesville, Arkansas, releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the culdesac designated as follows: The culdesac located in Block (4) of College Heights Addition, Batesville, Arkansas, and abutting Lots 1, 4 , 8 , 14 , and 15 of said Block 4 . Section 2 . A copy of the ordinance duly certified by the City Clerk or town recorder shall be filed in the office of • the recorder of the County and recorded in the deed records of • the county. Section 3 . This ordinance shall take effect and be in force from and after its passage. ADOPTED THIS T14 day of August, 1990. =: t A im Shirrell, Mayor ATTEST: Larry Williams, City Clerk • The Guard-Record Co. Inc. PUBLISHERS OF THE DAILY GUARD AND WEEKLY RECORD BATESVILLE, ARKANSAS PROOF OF PUBLICATION STATE OF ARKANSAS, ORDINANCE #90-8-1 County o dependence ss. A FIDAVIT AN ORDINANCE VACATING THE CUL- DESAC LOCATED IN BLOCK FOUR(4) I. • ......••••• •......•••• • •.......•• ......•• •••• ••••• • ......... ereby certify that I am the (editor), OF COLLEGE HEIGHTS ADDITION, (proprieto o the .. D ILLE GUARD. -------------------- a newspaper BATESVILLE, ARKANSAS: published regu r intervals tinuously a Batesville, Independence County, Arkansas, for more a period of twel a months, circulated and distributed from an established BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF BATESVILLE, for a definite e price forseachrcopy, readers generally per all classes in the City and County p ' copy, or a fixed price per annum, which price was fixed at ARKANSAS: what is considered the value of the publication, based upon the news value and service value it contains; that at least fifty per cent of the subscribers thereto have paid cash for Whereas,a petition was duly filed with their subscription to the newspaper or its agents or through recognized news dealers over the City Council of the Ci of Batesville, a period of at least six months; and that the said newspaper publishes an average of City more than forty per cent news matter. Arkansas, on the 10th day of July, 1990, I fuher certify that the legal notice hereto attached was published in said newspaper asking the City Council to vacate and for ........ ............ consecutive insertions as follows: � nn abandon all that portion of the culdesac in I 19. .X....,the second in Four(4) designated on the plat nser of The first insertion on the.....C..0...... day of :: ......... ... the College Heights Addition to the City sertfon on the ........................ day of ................................. 19............, the third insertion on the now appearing of record in Plat Book "T-7" at page 488 in the office of the ..................•••••• day of................................. 19............, and the fourth insertion on the ........................ Recorder of Independence County; and day of ................................ 19............. Whereas,after due notice as required , by law the Council has, at the time and place mentioned in the notice, heard all 1 persons desiring to be heard on the ques- Sworn to and subscribed before me !.......... day Of tion and has ascertained that the culde- sac, hereinbefore described, has _ • ••• ......� �`•' •• ................................-......•••• heretofore been dedicated to the public use; has not been actually used by the My Commission expires: ...... �< ......................... public generally for a period of at least five publication fees, R`•j 6.'.` ........ Received payment ..................._......................_.............., 19 ........ (5)years subsequent to the filing of the pat; that all the owners of the property abutting upon the culdesac to be vacated have filed with the Council their written consent to the abandonment; and that public interest and welfare will not be 1 i I w ; PETITION OF COLLEGE HEIGHTS DEVELOPMENT ansas,and abutting Lots 1,4,8, 14,and OF BATESVILLE ARKANSAS TO VACATE STREET 15 of said Block 4. Section 2.A copy of the ordinance duly certshall ed bed in office of the n recorder recorder of oyle Rogers, Fuller Highsmith, Preston Grace, Sr. , shall be filed in the office of the recorder of the County and recorded in the deed records of the county. 'ace, and Wesley J. Ketz , Jr. , Trustee, (hereinafter Section 3. This ordinance shall take effect and be in force from and after its .o as College Heights Development) and for their passage. ADOPTED THIS 14th day of August, 1990. :o Vacate Street, state as follows: APPROVED: Jim Shirrell tat they desire to vacate a certain street or ATTEST: Mayor Larry Williams in Batesville Arkansas and therefore petition City Clerk � r the Batesville City Council to do so in accordance with the provisions of Ark. Code. Ann. 14-301-301 through 14-301-305 . 2 . That as owners of the property hereinafter described, your Petitioners have dedicated to the public use as a • street or culdesac such property hereinafter described by plating the property and causing the plat to be filed for record; furthermore, said property never has been actually used by the public as a street or culdesac and certainly not within the last five (5) years. I 3 . That Petitioners are the record owners of property abutting upon the street or culdesac it desires to be vacated through this petition. 4 . That the property which is the subject of this Petition is more particularly described as follows: The culdesac located in Block 4 of College Heights Addition, Batesville, Arkansas, and abutting Lots 1, 4 , 8 , 14 , and 15 of said Block 4 . A copy of j the portion of the plat showing the culdesac to be vacated together with the lot and block numbers of each lot which abuts upon the culdesac to be vacated is attached hereto. • I i The Guard-Record Co. Inc. PUBLISHERS OF THE DAILY GUARD AND WEEKLY RECORD BATESVILLE, ARKANSAS PROOF OF PUBLICATION STATE OF ARKANSAS, NOTICE OF HEARING ON PETITION Countq of I depende a SS. DA7eby OF COLLEGE HEIGHTS DEVELOPMENT OF BATESVILLE, ARKANSAS I, ......•••• -•• •• ... . ........... Y.... ... certify that I am the (editor), Notice is hereby given that a hearing be (proprietor (man(manger) of the E TESVILLE GUARD. _......_.._.._.___ a newspaper held on the 14th day of August, 1990, before the Batesville City Council to deter- published at regular intervals continuously at Batesville, Independence County, Arkansas, mine whether the following street or cul- for more than a period of twelve months, circulated and distributed from an established de sac be vacated: The cul-de-sac place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at located in Block 4 of College Heights what is considered the value of the publication, based upon the news value and service Addition, Batesville,Arkansas,and abut- value it contains; that at least fifty per cent of the subscribers thereto have paid cash for ting Lots 1,4,8,14 and 15 of said Block 4. their subscription to the newspaper or its agents or through recognized news dealers over Petition to vacate the cul-de-sac a period of at least six months; and that the said newspaper publishes an average of more than forty per cent news matter. described herein has been filed by Doyle I further certify that the legal notice hereto attached was published in said newspaper Rogers,Fuller Highsmith,Preston Grace forc......... consecutive insertions as follows: Sr.,Barnett Grace and Wesley J.Ketz Jr., nsert // / ,, Trustee,the record owners of the property The first insertion on the ......L..�2....... day of /..y ........1 19........ ..,the second in- abutting upon the street or cul-de-sac that ' .t, 19. ..E 1 will be the subject of vacation should this sertion on the .. .r:...: ..... day of ..... the third insertion on the petition be approved. ........................ day of................................. 19.......... d the fourth insertion on the ........................ WITNESS my hand as the City Clerk of day of ...................... ....... 19............. Batesville, Arkansas on this 11 th day of "" July, 1990. ......... .... .. ........ Larry Williams ,( ' ' City Clerk Sworn to and subscribed before me T.f....... day of 19.y .J... 1� f . - .. .., - My Commission expires: ... ............................. Publication fees, - s..Q..�� Received payment ...................... .., 18 0 WHEREFORE, College Heights Development, Petitioner herein, prays that the Batesville City Council fix a day for hearing this Petition, that it direct the City Clerk to give notice by publication in accordance with the requirements of Ark. Code Ann. 14-301-303 and that upon hearing of this matter vacate the above mentioned culdesac. COLLEGE HEIGHTS DEVELOPMENT BY: Wesley J. Ketz , Jr. P. O. Box 2476 Batesville, AR 72503 1 Wesley J. Ketz , Jr. ® ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF INDEPENDENCE On this the ) t._. TH day of July, 1990, before me, a notary public, the undersigne—c officer, Wesley J. Ketz , Jr. , of the State of Arkansas, known to me to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. In Witness Whereof I hereunto set my hand and official seal.. Nota y Public MY COMMISSION EXPIRES: 0 CONSENT TO VACATE CULDESAC LOCATED IN BLOCK FOUR (4) OF COLLEGE HEIGHTS ADDITION, BATESVILLE, ARKANSAS The undersigned constitutes all owners of all lots abutting the culdesac located in Block Four (4) of College Heights Addition, Batesville, Arkansas, proposed to be vacated in a petition pending before the City Council and the undersigned hereby give their written consent to said vacating, the culdesac being the only culdesac called for in said Block Four (4) and abutting Lots One (1) , Four (4) , Eight (8) , Fourteen (14) and Fifteen (15) of said Block Fo r (4) . Doyle Rogers Fu er Hig mith ay oger Je Highs it Preston Grace, Sr. Barnett Grace Charlotte B. Grace Greer Grace Wes ey J. Ke z, Jt. Trustee The Guard-Record Co. Inc. PUBLISHERS OF THE DAILY GUARD AND WEEKLY RECORD BATESVILLE, ARKANSAS PROOF OF PUBLICATION STATE OF ARKANSAS, SS. A F FAM ORDINANCE #90-8-1 County o dependence AN ORDINANCE VACATING THE CUL- DESAC LOCATED IN BLOCK FOUR(4) I ... ereby certify that I am the (editor), OF COLLEGE HEIGHTS ADDITION, (proprieto k*—the ._ B ILLE GUARD. .................... a newspaper BATESVILLE, ARKANSAS: published re intervals tinuously a Batesville, Independence County, Arkansas, for more a period of twel a months, circulated and distributed from an established BE IT ORDAINED BY THE CITY COUN- ers CIL OF THE CITY OF BATESVILLE, for a definite e price for each 9 or a fixed price of all classes in the City and County p p price per annum, which price was fixed at ARKANSAS: what is considered the value of the publication, based upon the news value and service value it contains; that at least fifty per cent of the subscribers thereto have paid cash for their subscription to the newspaper or its agents or through recognized news dealers over Whereas,a petition was duly filed with the City Council of the Ci of Batesville, a period of at least six months; and that the said newspaper publishes an average of City more than forty per cent news matter. Arkansas,on the 10th day of July, 1990, I fu)her certify that the legal notice hereto attached was published in said newspaper asking the City Council to vacate and for .................... consecutive insertions as follows: G} abandon all that portion of the culdesac in / �••„the second in- Block Four(4)designated on the plat of The first insertion on the..... ...... ...... day of .. �........, 19..... the College Heights Addition to the City now appearing of record in Plat Book sertion on the ........................ day of ................................, 19............, the third insertion on the 'T-7" at page 488 in the office of the ........................day of................................. 19............,and the fourth insertion on the ........................ Recorder of Independence County; and day of ................................ 19............. Whereas,after due notice.as required , by law the Council has, at the time and place mentioned in the notice, heard all ``'�� persons desiring to be heard on the ques- Sworn to and subscribed before me �X'.......... day of tion and has ascertained that the culde- sac, hereinbefore described, has w heretofore been dedicated to the public �` ' use; has not been actually used by the My Commission es: ...../r.........<.. ................................................ public generally for a period of at least five Publication fees, �....•�,:�k.4..:... Received payment .............................:............................... 19 ........ (5)years subsequent to the filing of the plat; that all the owners of the property abutting upon the culdesac to be vacated have filed with the Council their written consent to the abandonment; and that public interest and welfare will.not be adversely affected by the abandonment of the culdesac. Now, therefore, be it ordained by the City Council of the City of Batesville, Arkansas: Section 1. The City of Batesville,Ark- ansas, releases,vacates and abandons all its rights,together with the rights of the public generally, in and to the culdesac designated as follows: The culdesac located in Block (4) of College Heights Addition,Batesville,Ark- ansas,and abutting Lots 1,4,8, 14,and 15 of said Block 4. Section 2.A copy of the ordinance duly certified by the City Clerk or town recorder shall be filed in the office of the recorder of the County and recorded in the deed records of the county. Section 3. This ordinance shall take effect and be in force from and after its passage. ADOPTED THIS 14th day of August, 1990. 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