HomeMy WebLinkAbout1984-11-02 ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 891; CLARIFYING PORTIONS OF
FITZHUGH STREET WHICH ARE CLOSED; DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES:
WHEREAS, the Batesville City Council did on or about May 9, 1978 adopt Ordin-
ance No. 891 closing a portion of Fitzhugh Street located in the City of
Batesville, Arkansas , with said Ordinance providing that Fitzhugh Street
would be closed west of 24th Street; however, said ordinance was in error due
to the fact that the petitioners requesting said closing did not own property
adjoining and adjacent to the entire street which was closed and it was not
their intention, as shown by the attached Affidavit, to close all that por-
tion of the street which was actually closed. And,
WHEREAS, it was not the intention of the Batesville City Council to close all
that portion of Fitzhugh Street which was actually closed. And,
WHEREAS, it is now necessary, in order to have the records of the City as well
as that of the Independence County Recorder correctly reflect the portion of
Fitzhugh Street which is closed
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARK-
ANSAS AS FOLLOWS:
• SECTION 1: That Ordinance No. 891 of the City of Batesville, Arkansas is
hereby amended, as it pertains to the closing of Fitzhugh Street, to read as
follows:
A. That that portion of Fitzhugh Street lying West of 24th Street
and bounding the below described property shall be and is hereby
abandoned, vacated and closed:
A tract of land being a part of the North Half of the Southwest
Quarter of Section Fifteen in Township Thirteen North and Range
Six West of the Fifth Principal Meridian in the City of Bates-
ville, Independence County, Arkansas , more particularly described
as follows :
Commencing at the West Quarter Section Corner of said Section 15;
thence South a distance of 35.00 feet; thence East, a distance of
920.00 feet to the Point of Beginning on the South Right-of-way
line of Harrison Street; thence South 88 degrees 46 minutes 03
seconds East along said South Right-of-way line, a distance of
672. 70 feet to a point on the West Right-of-way line of Twenty-
Fourth Street; thence South 00 degrees 53 minutes 00 seconds West
along said West Right-of-way line a distance of 575.23 feet;
thence North 88 degrees 17 minutes 00 seconds West, a distance of
494.80 feet; thence North 00 degrees 53 minutes 00 seconds East,
a distance of 218. 30 feet; thence North 89 degrees 01 minutes 00
seconds West, a distance of 177.93 feet; thence North 00 degrees
53 minutes 00 seconds East, a distance of 353.52 feet to the
Point of Beginning.
That Ordinance No. 891 is amended to reflect the portion of Fitzhugh Street
abandoned, vacated and closed, and no other portion or part of Ordinance No.
891 shall be affected by this amendment and all other parts of said Ordinance
No. 891 shall remain in full force and effect.
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PASSED AND APPROVED this day of 1984.
on. J4m—Siell , Mayor
ATTEST:
Larry Williamt , City Clerk
. i
i
• 0
IN RE: Application of Frank Forshee for Rezoning
AFFIDAVIT
�j Carter Jeffery, Jr. and Fitzhugh Spragins, after first being
duly sworn, state on oath as follows:
1
( ) Affiants are the managing partners of The Oaks Shopping
,
Center, a Partnership.
i
(2) On or about
May 9 , 1978 by Batesville City
Ordinance No. 891 affiants effected the closing of a portion
' of Fitzhugh Street in the City of Batesville, Arkansas.
(3) While the ordinance provided for the closing of "that
portion of Fitzhugh Street lying West of 24.th Street" it was the
intent of affiants to close only so much of that portion of
• +i Fitzhugh Street that lay within the boundaries of the property
owned by affiants .
(4) That the east boundary of said property is the west
I
line of 24th Street in Batesville, Arkansas and the west line of
said property runs north and south and is approximately 70 feet
east of the east boundary line of what was formerly 22nd Street
between Harrison and Fitzhugh Streets .
(5) That the affiants do not and did not at the time of the
enactment of the ordinance own lands on either side of Fitzhugh
Street west of the east boundary line of 22nd Street (which has
now also been closed. )
Further, affiants sayeth not .
THE OAK SHOPPING CENTER, A PARTNERSHIP
41i
Caz er Je f , t. , Managing Partner
i
FitzhS rag ns, Managing Partner
State of Arkansas }
ss .
County of Independence ) ))
Subscribed and sworn to before me this �2�Iday of
�"r) Xi l . 1984 . )
Notary Public
My Com Sion Expires: