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,
AN ORDINANCE CLOSING A PORTION OF
BRIAR STREET OF FITZHUGH PARK ADDI-
TION TO THE CITY OF BATESVILLE,
ARKANSAS, BEING THAT PORTION OF
BRIAR STREET BOUNDED ON THE NORTH
BY THE SOUTH LINE OF BLOCK 16 AND
ON THE SOUTH BY THE NORTH LINE OF
BLOCK 17 AND EXTENDING WESTWARD TO
20TH STREET AND EASTWARD TO THE
BATESVILLE COUNTRY CLUB PROPERTY
"WHEREAS, a petition was duly filed with the City Council of li
I
the City of Batesville, Arkansas, on the 28th day of January, 1970
asking the City Council to vacate and abandon all that portion of j
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 Independence County,
Arkansas, being that portion of Briar Street bounded on the North
by the South line of Block 16 and on the South by the North line
of Block 17 and extending westward to 20th Street and eastward to
the Batesville Country Club property.
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
street or the portion thereof hereinabove described, has heretofor
been dedicated to the public use as a street herein described; has
never been opened and has never actually been used by the public
generally 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
with the Council their written consent to such abandonment; and j
that public interest and welfare will not be adversely affected
by the abandonment of such street;
NOW, THEREFORE, be it ordained by the City Council of the
City 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 Briar Street which is bounded on the North
by the South line of Block 16 and on the South by the
North line of Block 17 and extends westward to 20th
Street and eastward to the Batesville Country Club
property 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 24th day of March, 1970.
Mayor
ATTEST:
City Clerk