HomeMy WebLinkAbout877ORDINANCE NO. A 77
AN ORDINANCE VACATING AND
ABANDONING SOUTHERLAND STREET
WHEREAS, a petion was duly filed with the City Council for
Batesville, Arkansas, on September 13, 1977, asking the City
Council to vacate and abandon Southerland Street in the City of
Batesville, Arkansas, said street running in an east -west direc-
tion located between St. Louis Street and Ramsey Street in the
City of Batesville, Arkansas; 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:
(1) That Southerland Street has heretofore been dedicated
to the public use as a street herein described;
(2) That all of the owners of the property abutting upon
Southerland Street have consented to such vacation and
abandonment;
(3) That the public interest and welfare will not be
adversely affected by the vacation and abandonment
of the street;
(4) That Southerland Street is not required for any
corporate purpose; and
(5) That no public inconvenience will result from
the closing.
NOW, THEREFORE, be it ordained by the City Council of
Batesville, Arkansas:
Sec. 1: The City of Batesville, Arkansas, hereby releases,
vacates, and abandons all its rights, together with the right
of the public generally, in and to Southerland Street in
Batesville, Independence County, Arkansas, and absolute ownership
of the said Southerland Street shall vest in Banquet Foods Corpora
tion, the owners of the property abutting Southerland Street.
Sec. 2: A copy of the ordinance duly certified by the city
clerk shall be filed in the office of the Recorder of Batesville,
Independence County, Arkansas, in the deed records of Independence
County, Arkansas.
Sec. 3: It is hereby declared that an emergency exists and
this ordinance shall be in full force and effect from and after
its passage.
PASSED this �- ` day of September, 1977.
Peyto Golden, Mayor
ATTEST:
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Cit Clerk
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HIGHSMITH, HIGHSMITH, GREGG & HART
ATTORNEYS AT LAW
262 BOSWELL STREET TELEPHONE (501) 793-7556
M. F. HIGHSMITH 793-7557
P. O. BOX 2496
SAMUEL C. HIGHSMITH BATESVILLE, ARKANSAS 72501
JOHN C. GREGG
JOSEPHINE LINKER HART PEABODY AVENUE
GARY M. VINSON MOUNTAIN VIEW, ARKANSAS 72560 - (501) 269-3716
September 28, 1977
Hon. Peyton Golden, Mayor
City Hall
Batesville, Arkansas
Re: Southerland Street Closing
Dear Mayor Golden:
Enclosed you will find a letter which Paul Henry
and I have signed on behalf of Banquet Foods Corporation.
I believe that this letter accurately sets forth
the commitment of Banquet Foods concerning the matter,
and complies with the provisions of its petition which
was filed before the City Council on September 13, 1977.
If you feel that anything further is required,
please let me know and we will be happy to comply.
We appreciate the cooperation and concern which
you and the City Council showed Banquet Foods with
regard to this matter.
JCG/wm
Enclosure
Very tyu] Trs,
ng. . Gregg
P. 0. Box 2196
Batesville, Arkansas 72501
September 28, 1977
Mayor Peyton Golden
and Batesville City Council
City. Hall
Batesville, Arkansas
Re: Southerland Street Closing
Gentlemen:
This letter acknowledges the fact that the Batesville
City Council, on September 27, 1977, enacted an ordinance
vacating and closing Southerland Street in Batesville,
Arkansas.
Banquet Foods Corporation recognizes that the vacation
and closing of Southerland Street vests title to the abandoned
street in Banquet Foods Corporation, since Banquet Foods
Corporation owns all property abutting Southerland Street.
You may treat this letter as the commitment of Banquet
Foods Corporation not to close Southerland Street to traffic
of the general public until such time as Banquet Foods
Corporation has constructed and opened for travel an alter-
nate route, the alternate route to be South of the existing
Southerland Street.
If anything further is required, please let us know.
We appreciate your cooperation in this matter.
Very truly yours,
BANQUETDS CO ORATION
By
P6.ul Hen
By
John regg orney for
Ban et Foods Corporation
PH/cc