HomeMy WebLinkAbout1989-06-01 • BY THE CITY COUNCIL OF BATESVILLE , ARKANSAS
ORDINANCE NO. '29 — 6 —
AN ORDINANCE CONCERNING ALLEYS IN LOTS 1 , 2 , 7 AND 8 , BLOCK 18 ,
OLD TOWN ADDITION TO THE CITY OF BATESVILLE , ARKANSAS.
WHEREAS, there are no ordinances or plats of record
showing the existence and locations of any alleys in Lots 1 , 2 , 7
and 8, Block 18 , Old Town Addition to the City of Batesville ; and
WHEREAS, by custom and public use there may be alleys
which exist on such lots in Block 18 , but the exact dimensions
and location and extent thereof is unknown ; and
WHEREAS, the public benefit would be served by more
particularly defining the exact extent , location and dimensions
• thereof and by closing and vacating any other alley or public way
not so particularly defined ; and
WHEREAS, the City Council has authority by Ark . Code
Annot . , cite §14-54-104 to establish alleys and vacate alleys
within the lots and blocks of land within its corporate limits ;
and
WHEREAS, the owners of all property affected by such
action have agreed and consented to such action being taken by
the City of Batesville , be it therefore :
ORDAINED , that an alley be established as follows upon
lots 1 , 2 , 7 and 8 , Block 18 , Old Town Addition :
•
• A tract of land being a part of Block 18 of
the Old Town Addition to the City of
Batesville , Independence County, Arkansas ,
more particularly described as follows :
Commencing at the nominal northwest corner of
said Block 18 , also being at the intersection
of the east right of way line of Broad Street
and the south right of way line of Main
Street ; thence S 36000 ' E along the east right
of way line of said Broad Street a distance of
125 . 00 feet to the nominal southwest corner of
the Gary Edwards Bonding , Inc . , tract and the
point of beginning ; thence N 54000 ' E a
distance of 97 . 75 feet ; thence N 90000 ' E a
distance of 22 . 12 feet ; thence N 54000 ' E a
distance of 16 . 36 feet ; thence S 36100 ' E a
a distance of 10 . 00 feet ; thence S 54100 W a
distance of 19 . 61 feet ; thence S 90100 ' W a
distance of 22 . 12 feet ; thence S 54100 ' W a
distance of 94 . 50 feet to said east right of
way line ; thence N 36100 ' W a distance of
10 . 00 feet to the point of beginning .
Containing 1 , 362 . 34 square feet .
and be it further ORDAINED :
That any other alley or public way across or along said
Lots 1 , 2 , 7 and 8 , Block 18 , Old Town Addition to the City of
Batesville , Arkansas , whether existing by deed of dedication or
by public use be vacated and closed .
PASSED and APPROVED this .2day of
1989 •
BATESV LLE CITY COUNCIL
r
By:
Mayor
ATTEST :
( j
Larry Williams , Clerk
k
• PETITION
The undersigned , owners of all land touching upon or
being affected by a proposed ordinance , concerning alleys in Lots
1 , 2 , 7 and 8 , Block 18 , Old Town Addition to the City of
Batesville , Arkansas , of the City Council of the City of
Batesville , do hereby consent to the passage of such proposed
ordinance and request that the City Council act favorably
thereon .
W.4.'
. Kendall
Will e Kendall
Don A. Heuer
• Carol Heuer
FIRST NA IONAL; -BANK OF
BATESVI E, A AS
By:
President—AT T :
Secretary
•
DEED OF DEDICATION OF ALLEY
KNOW ALL MEN BY THESE PRESENTS:
That First National Bank of Batesville , Arkansas , W. S .
Kendall and Willene Kendall , his wife , and Don A. Heuer and Carol
Heuer , his wife , for and in consideration of ONE DOLLAR ( $1 .00 )
and other good and valuable consideration , do hereby convey ,
grant and dedicate to the City of Batesville , Arkansas , the
following described property for public use as an alley :
A tract of land being a part of Block 18 of
the Old Town Addition to the City of
Batesville , Independence County , Arkansas ,
more particularly described as follows :
Commencing at the nominal northwest corner of
said Block 18 , also being at the intersection
of the east right of way line of Broad Street
• and the south right of way line of Main
Street ; thence S 36000' E along the east right
of way line of said Broad Street a distance _of;
125 .00 feet to the nominal southwest corner of
the Gary Edwards Bonding , Inc . , tract and the-
point of beginning; thence: N 54100 ' E a
distance of 97 .75 feet.; thence N 90000 ' E a
distance of 22 . 12 feet; thence N 54°00' E a;
distance of '-16.36 feet; thence S 36000 ' E a
a distance of 10.00 feet; thence S 54000 W. a.
distance of 19 .61 feet ; thence S 90°00' W a
distance of 22 . 12 feet ; thence S 54000 ' W a
distance of 94.50 feet to said east right of
way line; thence N 36000' W a distance of
10 .00 feet to the point of beginning.
Containing 1 , 362 . 34 square feet .
IN WITNESS WHEREOF, we ha y,e executed this Deed of
� C
Dedication on this day of 4? , 1989 .
W. S. Ken i
Willene Kendall
l i
Do A. Heuer
r
Car 1 e er
FIRST NATIONAL BANK OF
BATESVI E, AR S
By: I
President t
ATTEST:
Secretary
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF i?
1 mss .
• BE IT REMEMBERED, that on this day came before me , the
undersigned , a Notary Public , within and for the County afore-
said , duly commissioned and acting , W. S. Kendall and Willene
Kendall , to me well known as the person executing the foregoing-
instrument , and stated that they had executed--the same €oma--the-44
consideration and purpose mentioned and set forth .
WITNESS hand and seal as such Notary Publi-c -6n` this -
day of ` 1989 .
Notary Public
My Commission Expires :
•
- 2 -
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss .
COUNTY OF 7, )
BE IT REMEMBERED, that on this day came before me , the
undersigned , a Notary Public , within and for the County afore-
said , duly commissioned and acting , Don A. Heuer and Carol Heuer ,
to me well known as the person executing the foregoing
instrument , and stated that they had executed the same for the
consideration and .purpose mentioned and set forth .
WITNESS my hand and seal as such Notary Public on this
day of , 1989 .
Notary Public
My Commission Expires :
15L�4
ACKNOWLEDGMENT
• STATE -Of_ARKANSAS )
)ss .
COUNTY'-OF
On this _ day of 1989 , before me , a -
Notary Public duly commissioned , qualifie4 and acting, within and
for the said County and State , appeared A person-the---within - -
named Dale Cole and Paula Dowell to me personally well °known , Who- -=
stated that they were the President and Secretary--,of--First
National Bank of Batesville , a corporation , and were duly
authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said
corporation , and further stated and acknowledged that they had so
signed , executed and delivered said foregoing instrument for the
consideration , uses and purposes therein mentioned and set forth.
IN TESTIMONY REOF, I have hereunto set my hand and
official seal this day of , 1 89.
Notary Public
My Commis ion Expires :
- 3 -
TJROPERT;' DF.SC'?I"TION
A tract or land being a part o` Block Eighteen (13) of the Old
Town Addition to the City or Batesvill(!, Independence County,
Arkansas, more particularly described as `ollows:
commencin; at the nominal northwest corner o`. said Block 13,
also being at the intersection of the east right o` way line
or Broad Street and the south right or- way line'•or "`_ain Street;
Al. thence S 36000' E along the east right or way line o` said
oo�` ' Broad Street a distance or 115.00 feet to the nominal southwest
�5a\636 corner or the Cary Edwards Bonding, Inc. tract and the point o`�
N9o•oo' E beginning; thence N 54000' F. a distance or 97.75 feet; thence
2212' y1
T.. o r ?2 o t
6� o 90 00' E a distance o t2 eet; thence N 54 00 E a distance
of 16.36 reet; thence S 36000' F a distance or 10.00 `eet; thence
S90100' w S 54000' 'Ha distance or 19.61. reet; thence S 90000' W a distance
o' 22.12 Feet; thence S 54000' a distance o' 94.50 feet to said
east right or way line; thence N 36000' W a distance of 10.00 reet
E � to the point or beginning.
�ha9°6 P Containing 1,362.34 square feet.
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Block 18 p
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