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HomeMy WebLinkAbout849ORDINANCE NO. fl- WHEREAS, j WHEREAS, a petition was duly filed with the City Council of the City of Batesville, Arkansas, on the 24th day of June, 1975, asking the City Council to vacate and abandon West Rand Road, East Rand Road, Peters Street and Blake Street, designated on the plat of Riverview Addition to said City, which plat now appears of record in Independence County Deed Record Book E-6 at pages 420-21 in the Office of the Circuit Clerk and Ex -Officio Recorder of Independence County, 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 that the streets or portions thereof, as hereinbefore described, have heretofore been dedicated to public use as streets herein described, have not actually been used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all owners of the property abutting upon the portions of the streets to be vacated have filed with the Council their written consent to such abandonment and have joined in the petition asking that such action be taken, and that the public interest and welfare will not be adversely affected by the abandonment of such streets. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Batesville, Arkansas: SECTION I. The City of Batesville, Arkansas hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the streets designated as follows: West Rand Road, East Rand Road, Peters Street and Blake Street, as shown on the plat of Riverview Addition to the City of Batesville, Arkansas, and which appears of record in Independence County Deed Record Book E-6 at pages 420-21; LESS AND EXCEPT that portion of the aforesaid streets covered by the following described public road easement: An easement for the purpose of a public road, which easement will be of uniform width of 100 feet, and will be located 50 feet on each side of the following described line, to -wit: Beginning at the intersection of the line between Sections 16 and 21, Township 13 North, Range 6 West and Myers Avenue and 20th Street in the City of Batesville, said point being 330 feet West from corner between Sections 15, 16, 21 and 22, Township 13 North, Range 6 West; thence South 9 degrees West 830 feet; thence South 21 degrees Ewt 270 feet; thence South 45 degrees East 250 feet; thence South 66 degrees East 250 feet to a point 75 feet South from the Southwest corner of the Northwest Quarter of the Northwest Quarter of Section 22; thence East 520 feet; thence South 52 degrees East 280 feet; thence East 390 feet to point on West line of School tract Southeast Quarter of the Northwest Quarter of Section 22 that is 250 feet South from the Northwest corner thereof; and this Ordinance shall in no way affect the rights of the City of Batesville or the public generally under the aforesaid easement which easement is created by Deed of Dedication vlich appears in Independence County Deed Record Book C-9 at page 519. SECTION II. A copy of this ordinance duly certified by the City Clerk shall be filed in the Office of the Circuit Clerk and lEx-Officio Recorder of Independence County, Arkansas, and recorded lin the Deed Records of that County. SECTION III. This ordinance shall take effect and be in force from and after its passage. PASSIM .ANDA�TYP'01,'!+� T?iIS L_Z_ T)Av nF �TTJTY$ 1975 ATTEST: Pe ton Golden, Mayor arvin R. Smith-, ,lurk - 2 - A G' CF;RTIFICAT1, The undersigned, City Clerl: of Batesville, Arkansas , hereby certifies that the foregoing pages are a true and corr:ct copy of Ordinance 'No. passed at a re_,.ilar ses,;ion of the City Council held at its regular meeting place at 7:00 P .Pi. , on the 22 dc�y of _ JLal — , 1975, and that the Ordinance is of record n Orlin nee Record BooI- D _, Page now in my possession. GIVEN under my hand and the seal c,r the City this YL day of 1975. (SFAL) City Clerf,