HomeMy WebLinkAbout2010-09-01 ORDINANCE NO. -),!r3 �o - c _ \
AN ORDINANCE VACATING AND ABANDONING ALLEN
STREET FROM THE NORTH LINE OF STADIUM DRIVE TO
THE SOUTH RIGHT OF WAY LINE OF THE UNION PACIFIC
RAILROAD SPUR WITHIN THE CITY LIMITS OF
BATESVILLE.
WHEREAS, Petitioners Townsends of Arkansas is the
owners of property abutting the part of Allen Street located from
the North Line of Stadium Drive to the South right of way line of
the Union Pacific Railroad spur, and,
WHEREAS, the only other abutting property owner is
Galloway Sand and Gravel Co., Inc.
WHEREAS, the owner of said abutting property has
consented to the City vacating and abandoning, said part of Allen
• Street,
WHEREAS, this ordinance is adopted at a regular scheduled
meeting where a Public Hearing Notice has been published in a
local newspaper for two consecutive weeks.
WHEREAS, the Batesville Planning Commission has
recommended that the City Council proceed with conducting a
public hearing with intent to close and vacate the said portion of
Allen Street.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS:
Section 1:
The City of Batesville, Arkansas does hereby release, vacate,
and abandon all its rights, together with the rights of the public
generally, in the right of way designated as follows:
40
DESCRIPTION OF ALLEN STREET RIGHT OF WAY:
PETTION TO ABANDON ALLEN STREET FROM THE NORTH LINE OF
STADIUM DRIVE TO THE SOUTH RIGHT OF WAY LINE OF THE UNION
PACIFIC RAILROAD SPUR.
We the undersigned,being the owners of all the property adjoining to the
following described Road Easements located in the City of Batesville,Arkansas
described as follows:
DESCRIPTION ALLEN STREET RIGHT OF WAY
PART OF MAXFIELDS SECOND SOUTHERN ADDITION TO THE CITY OF
BATESVILLE,ARKANSAS, ALSO BEING PART OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 13
NORTH, RANGE 6 WEST, INDEPENDENCE COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF BLOCK "11" OF MAXFIELDS
SECOND SOUTHERN ADDITION TO THE CITY OF BATESVILLE, ARKANSAS:
THENCE SOUTH 01°16'02" WEST ALONG THE EAST LINE OF SAID BLOCK
"11", 243.98 FEET TO THE POINT OF BEGINNING: THENCE ALONG THE
SOUTH RIGHT OF WAY LINE OF THE MISSOURI-PACIFIC RAILROAD AS
FOLLOWS, SOUTH 88030'10" EAST 8.49 FEET, SOUTH 88047159" EAST 25.38
FEET, SOUTH 88020'18" EAST 6.14 FEETTO THE EASTERLY RIGHT OF WAY
LINE OF ALLEN STREET: THENCE SOUTH 0I'l6'02" WEST 55.67 FEET:
THENCE NORTH 89009'29" WEST DEPARTING SAID RIGHT OF WAY LINE,
40.00 FEET TO THE SOUTH EAST CORNER OF SAID BLOCK "11": THENCE
NORTH 01 016'02" EAST ALONG THE EAST LINE OF SAID BLOCK "11", 56.02
FEET TO THE POINT OF BEGINNING.
CONTAINING IN ALL 0.05 ACRES, MORE OR LESS AND BEING SUBJECT TO
ALL RIGHTS OF WAY AND EASEMENTS OF RECORD.
DESCRIPTION ALLEN STREET EASEMANT
PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 16, TOWNSHIP 13 NORTH, RANGE 6 WEST, INDEPENDENCE
COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
• COMMENCING AT THE NORTHEAST CORNER OF BLOCK "11" OF MAXFIELDS
SECOND SOUTHERN ADDITION TO THE CITY OF BATESVILLE, ARKANSAS:
THENCE SOUTH 01°16'02" WEST ALONG THE EAST LINE OF SAID BLOCK
"11", 243.98 FEET: THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF THE
MISSOURI-PACIFIC RAILROAD AS FOLLOWS, SOUTH 88030'10" EAST 8.49
FEET, SOUTH 88047'59" EAST 25.38 FEET, SOUTH 88020'18" EAST 6.14 FEET TO
• Section 2:
A copy of the ordinance duly certified by the City
Clerk shall be filed and recorded in the office of the
Recorder of the County.
Passed this day of , 2010.
Denise Johifston, Clerk
Rick Elumbaugh, Mayor
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THE EASTERLY RIGHT OF WAY LINE OF ALLEN STREET: THENCE SOUTH
Caw O1016'02" WEST 55.67 FEET TO THE POINT OF BEGINNING: THENCE SOUTH
89009'29" EAST DEPARTING SAID RIGHT OF WAY LINE, 9.19 FEET: THENCE
SOUTH 01002'20" WEST 390.98 FEET: THENCE SOUTH 01°57'53" WEST 293.62
FEET: THENCE SOUTH 01'05'45" WEST 102.09 FEET: THENCE SOUTH 01'19'08"
EAST 31.49 FEET: THENCE SOUTH 05°47'15" EAST 45.35 FEET: THENCE SOUTH
15057'56" EAST 31.40 FEET: THENCE NORTH 61°38'24" WEST 11.65 FEET:
THENCE NORTH 75013'46" WEST 48.48 FEET: THENCE NORTH 15°57'56" WEST
2.94 FEET: THENCE NORTH 05°47'15" WEST 51.75 FEET: THENCE NORTH
01°19'08" WEST 34.50 FEET: THENCE NORTH 01°05'45" EAST 103.52 FEET:
THENCE NORTH 01057'53" EAST 293.60 FEET: THENCE NORTH 01'02'20" EAST
390.40 FEET: THENCESOUTH 89°09'29" EAST 40.81 FEET TO THE POINT OF
BEGINNING.
CONTAINING IN ALL 1.02 ACRES, MORE OR LESS AND BEING SUBJECT TO
ALL RIGHTS OF WAY AND EASEMENTS OF RECORD.
Herewith file and present this petition to the City Council of the City of
Batesville, Arkansas to have the entire street described above legally closed.
DATED this /
Z��day of ,2010. �f
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PROPERTY OWNER: Townsen sof Arkansas,I
By v i r �Y\ :� r� -+ ;m
Paul Taylor, Plant Manager
O 'M
Date: ic)
Subscribed and sworn to before me this I qday of ,
Galloway Sand & Gravel Co. , Inc.
PROPERTY OWNER: �'`' / ` DATE: 7/13/10
Owners name
Preston Grace, Jr. , Secretary
Subscribed and sworn to before me this 13th day of July , 2010.
I GU �
TARP
Expiration date:
GINGER JOHNSON
NOTARY PUBLIC-STATE OF- RKANSAS
INDEPENDENCE CCJNy
My Commission Expires 12-12
2014
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or
• TO: Honorable Rick Elumbaugh, Mayor, and nicnibers of the City Cuwacil of the City
of Batesville, Arkansas.
PETTION TO ABANDON ALLEN STREET FROM THE NORTH LINE OF
STADIUM DRIVE TO THE SOUTH RIGHT OF WAY LINE OF THE UNION
PACIFIC RAILROAD SPUR.
We the undersigned, being the owners of all the property adjoining to the
following described Road Easements located in the City of Batesville, Arkansas
described as follows:
DESCRIPTION ALLEN STREET RIGHT OF WAY
PART OF MAXFIELDS SECOND SOUTHERN ADDITION TO THE CITY OF
BATESVILLE, ARKANSAS, ALSO BEING PART OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 13
NORTH, RANGE 6 WEST, INDEPENDENCE COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF BLOCK "1 I" OF MAXFIELDS
SECOND SOUTHERN ADDITION TO THE CITY OF BATESVILLE, ARKANSAS:
THENCE SOUTH 01 016'02" WEST ALONG THE EAST LINE OF SAID BLOCK
"11", 243.98 FEET TO THE POINT OF BEGINNING: THENCE ALONG THE
SOUTH RIGHT OF WAY LINE OF THE MISSOURI-PACIFIC RAILROAD AS
FOLLOWS, SOUTH 88030'10" EAST 8.49 FEET, SOUTH 88047'59" EAST 25.38
FEET, SOUTH 88020'18" EAST 6.14 FEETTO THE EASTERLY RIGHT OF WAY
LINE OF ALLEN STREET: THENCE SOUTH 0I'l6'02" WEST 55.67 FEET:
THENCE NORTH 89009'29" WEST DEPARTING SAID RIGHT OF WAY LINE,
40.00 FEET TO THE SOUTH EAST CORNER OF SAID BLOCK "11": THENCE
NORTH 01°16'02" EAST ALONG THE EAST LINE OF SAID BLOCK "1 I", 56.02
FEET TO THE POINT OF BEGINNING.
CONTAINING IN ALL 0.05 ACRES, MORE OR LESS AND BEING SUBJECT TO
ALL RIGHTS OF WAY AND EASEMENTS OF RECORD.
DESCRIPTION ALLEN STREET EASEMANT
PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 16, TOWNSHIP 13 NORTH, RANGE 6 WEST, INDEPENDENCE
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF BLOCK "11" OF MAXFIELDS
SECOND SOUTHERN ADDITION TO THE CITY OF BATESVILLE, ARKANSAS:
THENCE SOUTH 01°16'02" WEST ALONG THE EAST LINE OF SAID BLOCK
"11% 243.98 FEET: THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF THE
MISSOURI-PACIFIC RAILROAD AS FOLLOWS, SOUTH 88030'10" EAST 8.49
FEET, SOUTH 88047'59" EAST 25.38 FEET, SOUTH 88020'18" EAST 6.14 FEET TO
THE EASTERLY RIGHT OF WAY LINE OF ALLEN STREET: THENCE SOUTH
01°16'02" WEST 55.67 FEET TO THE POINT OF BEGINNING: THENCE SOUTH
89009'29" EAST DEPARTING SAID RIGHT OF WAY LINE, 9.19 FEET: THENCE
SOUTH 01002'20" WEST 390.98 FEET: THENCE SOUTH 0105753" WEST 293.62
FEET: THENCE SOUTH 01'05'45" WEST 102.09 FEET: THENCE SOUTH O 1°19'08"
EAST 31.49 FEET: THENCE SOUTH 05°47'15" EAST 45.35 FEET: THENCE SOUTH
15057'56" EAST 31.40 FEET: THENCE NORTH 61'38'24" WEST 11.65 FEET:
THENCE NORTH 75013'46" WEST 48.48 FEET: THENCE NORTH 15°57'56" WEST
2.94 FEET: THENCE NORTH 0504715" WEST 51.75 FEET: THENCE NORTH
01019'08" WEST 34.50 FEET: THENCE NORTH 01'05'45" EAST 103.52 FEET:
THENCE NORTH 01057'53" EAST 293.60 FEET: THENCE NORTH 01'02'20" EAST
390.40 FEET: THENCESOUTH 89°09'29" EAST 40.81 FEET TO THE POINT OF
BEGINNING.
CONTAINING IN ALL 1.02 ACRES, MORE OR LESS AND BEING SUBJECT TO
ALL RIGHTS OF WAY AND EASEMENTS OF RECORD.
Herewith file and present this petition to the City Council of the City of
Batesville, Arkansas to have the entire street described above legally closed.
DATED this C �day of , 2010. .
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PROPERTY OWNER: Townsen s of Arkansas, I ,. �t �0
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By: P v > , V, szl- . W 0
'�ti D
Paul Taylor, Plant Manager _
Date:
Subscribed and swornto before me this 13__day of ,
¢ �
Galloway Sand & Gravel Co. , Inc. N' R
PROPERTY OWNER: �''''' ' �/ ` DATE:_ 7/13/10
Owners name
Preston Grace, Jr. , Secretary
Subscribed and sworn to before me this 13th day of July , 2010.
- taGU �_ J
I%ZTARY
Expiration date: SON ANSAS�+ Emo
OUJ,�„s 12 1'L-2014
• RECOMMENDATIONS OF THE CITY PLANNING COMMISSION
The City Planning Commission of the City of Batesville, Arkansas, held their regular
monthly meeting on Monday, June 7, 2010, with Chairman Steven Lewis presiding. Also
present were Secretary Brian Langston, and Commission members, Ronnie Hampton,
Ken Smith and Nina Womack. Absent were Mike Fagan and Carma Osborn.
A request for a street closing by Townsend's, Inc. Greg Byler and Paul Taylor
representing Townsend's, Inc, appeared before the City Planning Commission with a
request for the closure of Allen Street from all city through traffic from Lawrence St.
south to Stadium Street. A Street Abandonment Plat drawing was presented to the
commission showing the property location description and existing utilities with
easements. The request being made based on security for plant employees and the
processing utility facility. Fencing will be installed at closure. Townsend's presently
owns property directly across (west) of Allen St. and the only other property owner west
of Allen St. being Preston Grace, (White River Petroleum, Inc.) Townsend's stated that
Mr. Grace is also in agreement for closure and a petition will be signed substantiating
this. Any future traffic accidentally turning on to Allen St. will be allowed to use their
parking lot for a turn around. There was no one in attendance at the planning commission
meeting who voiced any opinion against the street closure.
Commissioner Hampton moved that the Planning Commission recommend to the City
Council of the City of Batesville, Arkansas, that a Public Hearing be held by the City
Council with the intent to close Allen St. from all city through traffic from Lawrence
Street south to Stadium Street. The motion was seconded by Commissioner Smith and
upon vote of the Commission was passed unanimously by all those present other than
Commissioner Fagan and Osborn who were absent from voting.
Therefore, the City Planning Commission of the City of Batesville, Arkansas
recommends to the City Council of the City of Batesville, Arkansas, that the appropriate
action be taken by the City Council to carry out the recommendations of the City
Planning Commission.
Batesvillg City Planning Commission
By -�J
Steven Lewis, Chaim
By _
{ Brian Langston, Secretary
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