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ORDINANCE NO. 794
AN ORDINANCE CLOSING A PORTION
OF COLTON STREET OF FITZHUGH
PARK ADDITION TO THE CITY OF
BATESVILLE, ARKANSAS, BEING
THAT PORTION OF COLTON STREET
BOUNDED ON THE NORTH SIDE BY
THE SOUTH LINE OF BLOCK 13 AND
ON THE SOUTH BY THE NORTH LINE
OF BLOCK 15 AND EXTENDS FROM
20TH STREET, WHICH IS THE WEST
LINE OF BLOCKS 13 AND 15, TO
THE BATESVILLE COUNTRY CLUB
PROPERTY, WHICH JOINS BLOCKS
13, 14 and 15 ON THE EAST.
"WHEREAS, a petition was duly filed with the City Council of
City of Batesville, Arkansas, on the 5th day of January ,
97 1, asking the City Council to vacate and abandon all that
portion of the street designated on the Plat of the Fitzhugh Park
Addition to said city now appearing of record in Deed Record Book
I-7 , Pages 241-243 , of the deed records in and for Indepen-
ence County, Arkansas, being that portion of Colton Street bounded
Dn the North side by the South line of Block 13 and on the South by
the North line of Block 15 and extands from 20th Street, which is
the West line of Blocks 13 and 15, to the Batesville Country Club
operty which joins Blocks 13, 14 and 15 on the East,
WHEREAS, after due notice as required by law, the Council has,
lat the time and place mentioned in the notice, heard all persons
esiring to be heard on the question and has ascertained that the
(street or the portion thereof hereinabove described, has heretofore
een dedicated to the public use as a street herein described; has
never been opened and has never actually been used by the public
enerally since the filing and recording of the Deed of Dedication
and Plat on September 16, 1957; that the owners of the property
abutting on the portion of the street to be vacated have filed
th the Council their written consent to such abandonment; and
that public interest and welfare will not be adversely affected
y the abandonment of such street;
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NOW, THEREFORE, be it ordained by the City Council of the Cit
of Batesville, Arkansas, as follows, viz:
Section 1: The City of Batesville, Arkansas, hereby
releases, vacates and abandons all its rights, together
with the rights of the public generally, in and to that
portion of Colton Street which is bounded on the North
side by the South line of Block 13 and on the South by
the North line of Block 15 and extends from 20th Street,
which is the West line of Blocks 13 and 15, to the
Batesville Country Club property which joins Blocks
13, 14 and 15 on the East, as shown by the official
plat recorded as hereinabove set out.
Section 2: A copy of the ordinance duly certified by
the city clerk shall be filed in the Office of the
Recorder of the county and recorded in the deed
records of the county.
Section 3: An emergency is hereby declared and this
ordinance shall take effect and be in force from
and after its passage.
PASSED AND APPROVED this 12th day of January, 1971.
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MAYO
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ity Clerk