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Home My WebLink About898ORDINANCE NO. ?C AN ORDINANCE VACATING AND ABANDONING 10TH STREET BETWEEN NEELEY AND BYERS STREETS WHEREAS, a petition was duly filed with the City Council for Batesville, Independence County, Arkansas, on December 12, 1978, asking the City Council to vacate and abandon 10th Street between 1 s Neeley and Byers Streets in the City of Batesville, Independence County, Arkansas; and WHEREAS, after due notice as required by law, the City Council s, at the time and place mentioned in the notice, heard all 3ersons desiring to be heard on the question and has ascertained: 1. That 10th Street between Neeley Street and Byers Street in Batesville, Independence County, Arkansas, has heretofore been dedicated to the public use as a street herein described. 2. That all of the owners of the property abutting upon 10th Street between Neeley Street and Byers Street in Batesville, independence County, Arkansas, has consented to such vacation and andonment. 3. That the public interest and welfare will not be adversel ffected by the vacation and abandonment of the street; that 10th treet between Neeley Street and Byers Street in Batesville, Independence County, Arkansas is not required for any corporate se; and 4. 10th Street between Neeley Street and Byers Street in tesville, Independence County, Arkansas has never been opened Has a right-of-way to the public and has not been used by or for public as a street or alley for a period of more than five ears last past; and 5. That no public inconvenience will result from the closing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TESVILLE, ARKANSAS: Section 1. The City of Batesville, Arkansas, hereby releases, vacates, and abandons al l i is ri ghts, together wi th the ri ghts of the public generally, in and to 10th Street between Neeley Street and Byers Street in Batesville -,Independence County, Arkansas, and absolute ownership of 10th Street between Neeley Street and Byers Street in Batesville, Independence County, Arkansas shall vest in Doyle W. Rogers and Josephine Raye Rogers, his wife, and Malcom Moore and Edith Moore, his wife, the owners of the property abutting 10th Street between Neeley Street and Byers Street in Bate svi 11e, Arkansas. Section 2. A copy of this 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 lof Independence County, Arkansas. PASSED this 23rd day of January, 1979.1,' ;f , ZZ, A. J. R ckman'nn, Vice -Mayor i s JATTEST; _ l Ci ty Clerk CERTIFICATE I, Tarry Williams , Clerk of the City of Batesville, Independence County, Arkansas, do hereby certify that the following and hereto attached document of writing is a true and perfect copy of Ordinance: S , duly adopted by the City Council of the City of Batesville at its regular meeting on January 9, 1979. In Testimony Whereof, I have hereunto set my hand and affixed official seal, as Clerk of the City of Batesville, Arkansas, this 23rd day of January, 1979. l City Clerk BEFORE THE CITY COUNCIL OF BATESVILLE* \"1, INDEPENDENCE COUNTY* AR1<ANSAS PETITION OF DOYLE Wo .ND ROGERS AND JOSEPHINE MOORE AND AYE R, EDITH ROGERS, HIS WIFE, OM AND MALC-- mm ABANDON A STREE Rogdrs and Josephine Raye Rogers, his W! -F Comes now Doyle W. L by and through their and Malcom Moore and Edith More, his wire, titi( attorneys, Highsmith, Gregg, Hart & Vinson, and for their pe and close, and abandon loth Street between Neeley to vacate, Byers, state: on ers are the sole owner, of all lands abutting Petiti� rs Street, in Batesville, loth street between Heeley Street and By. Independence County, Arkansas. A copy of that portion of the Deed and Byer$ of Dedication reflecting loth street between Neeley Street is attached hereto, marked Exhibit "Alf and incorporated herein. shown on the (2) Tenth Street between Neeley and Byers as t -of -way to ,plat attached hereto has never beer, opened as a ri,ah .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 stree s is not required or the corporate pur- between Neeley and Byer poses of the city. The passage Of an ordinance, by the City 'Ivacating, closing, and abandoning said street, Will :ouncj , tier provide for the public welfare, safety, corkifort and bebitahts of the City of Batesville and will convenience of the inha be in the best interest of the petitioners who hereby consent thereto, as the only abutting landowners. general public Will (3) petitioners further state that the gene .A.. not be inconvenienced by the passage of an ordinance vacating, closing and abandoning said street. Said stqet h8j pened to the public since its date of dedication. Therefore, he public interest- , and welfare will not be adversely affected , )y the vacating, closing and abandonment of said street. (4) The petitioners Pray; (1) that, after giving such notice as is reauired by statute, the City Coiancil conduct a public hearing, at which time the petitioners and other interested parties may be heard; (2) that the council find that loth Street between Neeley and Byers in Batesville, Independence ColintY, Prkansas, has not been actually used by the public as a street or alley for a period of five years and that loth 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 loth 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 abutti said streets; and (5) that the city council take all other neces- sary and proper action in order to vacate, close and abandon said I street. TAIIIEREFORE, petitioners Pray that the City Council of Bates- ville, independence County, Ar*kansas, grant the relief herein requested and take all necessary and proper action in order to vacate, close and abandon loth Street between Neeley and Byers Street in Batesville, Independence County, Arkansas. DOYLE W. ROGERS, JOSEPHINE RAPE ROGERS, HIS WIFE, AND MALCOM MOORE AND EDITH MOORE, HIS WIFE, PETITIONERS By luhn C. Gre Highsmith, Gregg, Hart & Vinson Attorneys at Law 262 Boswell -- Box 2496 Batesville, Arkansas 72501 Their Attorneys VERIF I CRIL 1012 a after attorney for petitioners# an and Comes John C. Gregg on oath, states that the matters being first rst duly sworn, up petition are true and correct b out in the foregoing petition things ,et age and be to the best Of his XnOwle . C . Greg 7o-jin C. Gregg STATE OF }ss. 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