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Home My WebLink About1978-715-R BEFORE THE CITY COUNCIL OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS RE: PETITION OF DOYLE W. ROGERS, JOSEPHINE RAYE ROGERS, HIS WIFE, AND MALCOM MOORE AND EDITH MOORE, HIS WIFE, TO VACATE AND ABANDON A STREET RESOLUTION WHEREAS, Doyle W. Rogers and Josephine Raye Rogers, his wife, and Malcom Moore and Edith Moore, his wife, have filed a petition asking the Batesville City Council to adopt an ordinance vacating, closing, and abandoning 10th Street between Neeley and Byers Street in Batesville, Independence County, Arkansas, and, err WHEREAS, the City Council of Batesville, Arkansas, desires to hold a public hearing in order to determine whether said petition should be granted and such an ordinance enacted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS , that the City Clerk be, and he is hereby, directed to give notice by publication once a week for two weeks in the Batesville Daily Guard that on the 9— day of7NuA�y 19�, at 7:00 P.M. there shall be held before the Batesville City Council a public hearing in the City Hall of Batesville, Arkansas, on such petition to determine whether it should be granted and the requested ordinance enacted. ADOPTED this 12th day of December, 1978. -e- 4a�� PeytorpIGolden, Mayor ATTEST: /2 h11A, A Marvin R. Smith, City Clerk kale BEFORE THE CITY COUNCIL OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS PETITION OF DOYLE W. ROGERS AND JOSEPHINE RAYE ROGERS, HIS WIFE, AND MALCOM MORE AND EDITH MOORE, HIS WIFE, TO VACATE AND ABANDON A STREET Comes now Doyle W. Rogers and Josephine Raye Rogers, his wife, and Malcom Moore and Edith Moore, his wife, by and through their attorneys, Highsmith, Gregg, Hart & Vinson, and for their petition to vacate, close, and abandon 10th Street between Neeley and Byers, state: (1) Petitioners are the sole owners of all lands abutting 10th Street between Neeley Street and Byers Street, in Batesville, Independence County, Arkansas . A copy of that portion of the Deed of Dedication reflecting 10th Street between Neeley and Byers Street is attached hereto, marked Exhibit "A" and incorporated herein. (2) Tenth Street between Neeley and Byers as shown on the plat attached hereto has never been opened as a right-of-way to the public and has not been used for the public as a street or alley for a period of more than five years last past. Tenth Street between Neeley and Byers is not required for the corporate pur- poses of the city. The passage of an ordinance, by the City Council, vacating, closing, and abandoning said street, 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 said street. Said street has never been opened to the public since its date of dedication. Therefore, the public interest and welfare will not be adversely affected by the vacating, closing and abandonment of said street. (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 that 10th Street between Neeley and Byers in Batesville, Independence County, Arkansas, has not been actually used by the public as a street or alley for a period of five years and that 10th Street between Neeley and Byers is not required for corporate purposes; (4) that the council adopt an ordinance providing that the City of Bates- ville release, vacate, and abandon all its rights, together with the rights of the public generally, in and to 10th Street between Neeley and Byers as it now exists, and upon adoption of said ordinance, the absolute ownership of the property abandoned shall vest in the petitioners as the owners of the real property abutting said streets; and (5) that the city council take all other neces- sary and Proper action in order to vacate, close and abandon said street. WHEREFORE, petitioners pray that the City Council of Bates- ville, Independence County, Arkansas, grant the relief herein requested and take all necessary and proper action in order to vacate, close and abandon 10th Street between Neeley and Byers Street in Batesville, Independence County, Arkansas . DOYLE W. ROGERS, JOSEPHINE RAYE ROGERS, HIS WIFE, AND MALCOM MOORE AND EDXTH MORE, HIS WIFE, PETITIONS , By A Hi i 6r&eart & Vinson 9 Attoneys at L 262 Boswell - Box 2496 Batesville, Arkansas 72501 Their Attorneys VERIFICATION Comes John C. Gregg, attorney for petitioners, and after being first duly sworn, upon oath, states that the matters and things set out in the foregoing petition are rue and correct to the best of his knowledge and belief. John Gregg STATE OF ARKANSAS ) ) ss. County of Independence) Subscribed and sworn to before me this 12th day of December, 1978. 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JF AT 76 t.T, i_ wt— �- —sATC—H----------- � . ! /> S>oTREET 5;7 2 d ( t `.f (�, { L_ 1 f j S \ W LJL JJ .N 9 a 7 q .J 9 I d 7 6 H io 9 D 7 i 6 d~ AlX7 T 6 `6 S 'y j\ HR , :G!.J T s y ono /• d C f S 6 ! t ! J s J 13 s .S L 3 a 6 J L - 1 i5 6 7 6 6 v ! a T LAWRENCE ( ' � }Y1� 11 � r� �j ^ r4 F�Y n: SpECi t s !1 : e � z .t, a s i< J t d f 's t ✓ f If a�J <� 0 j •`, , I of ii t BEFORE THE CITY COUNCIL OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS RE: PETITION OF DOYLE W. ROGERS, JOSEPHINE RAYE ROGERS, HIS WIFE, AND MALCOM MOORE AND EDITH MOORE, HIS WIFE, TO VACATE AND ABANDON A STREET NOTICE OF PUBLIC HEARING Notice is hereby given that on the �_ day of s . 19 --IQ 9at 7:00 P.M. there shall be held before the Batesville City Council at the City Hall of Batesville, Independence County, Arkansas, a public hearing on a petition filed by Doyle W. Rogers and Josephine Raye Rogers, his wife, and Malcom Moore and Edith that 10th Street between Neele Moore, his wife, asking Y and Byers Street in Batesville, Independence County, Arkansas, be vacated, closed, and abandoned by the city. Said petition further asks that the Batesville City Council should pass an ordinance vacating, closing, and abandoning said street 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. Ld ai Mar in Smith, City Clerk (SEAL)