HomeMy WebLinkAbout2017-10-01-RResolution No.d b I % 10 -0 0
A RESOLUTION SETTING A PUBLIC HEARING FOR THE
CLOSING OF A PORTION OF AN ALLEY.
WHEREAS, pursuant to Arkansas law, a Petition has been filed with the City Council of
the City of Batesville, Arkansas by Something New, LLC and Dennis Martin and Mary Renee
Martin, to vacate a portion of an alley within the corporate limits of the City of Batesville,
Arkansas; and described as follows:
AN ALLEY LOCATED BETWEEN LOTS 1-5 AND 6-10 OF
BLOCK 3 OF RAMSEY ADDITION TO THE CITY OF
BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS
WHEREAS, upon the filing of the Petition with the City, the City shall set a date and
time for a hearing before the City Council for consideration of the Petition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
BATESVILLE, ARKANSAS:
Section l: That the City Council shall hear said Petition at its regular meeting to be
held at the Batesville City Hall, 500 East Main, Batesville, Arkansas on the
, 2017 at s: 30 p.m. � day of
Section 2: That the City Clerk is hereby directed to publish notice of the filing of said
Petition and of said hearing for the time and in the manner prescribed by law.
Section 3: Severability Provision - In the event that any section, paragraph,
subdivision, clause, phrase, or other provision or portion of this Resolution shall be adjudgedinvalid or unconstitutional, the same shall not affect the validity of this Resolution as a whole, or
any part or provision, other than the parts so decided to be invalid or unconstitutional, and the
remaining provisions of this Resolution shall be construed as if such invalid, unenforceable or
unconstitutional provision or provisions had never been contained herein.
Section 4: Repeal of Conflicting Resolutions - All resolutions of the City Council,
or parts of resolutions of the City Council in conflict herewith are hereby repealed to the extent
of such conflict.
RESOLVED this /C1day of ,00-�D2
__, 017.
APPROVED:
Rick E
ATTEST:
City Clerk-"
Prepared by:
GREGG, FARRIS & BUMPERS
Attorneys at Law
P. O. Box 2496
Batesville, Arkansas 72503
PETITION TO VACATE AN ALLEY LOCATED BETWEEN
LOTS 1-5 AND 6-10 OF BLOCK 3 OF RAMSEY ADDITION TO THE
CITY OF BATESVILLE INDEPENDENCE COUNTY ARKANSAS
TO: Batesville City Council
We, the undersigned, being all of the owners abutting the South Half of an alley hereinafter
sought to be abandoned and vacated lying in Block 3 of Ramsey Addition to the City of
Batesville, Arkansas, hereby petition to vacate an alley which is described as follows:
Between Lots 1, 2, 3, 4, and 5 and 6, 7, 8, 9 and 10 of Block 3 of
Ramsey Addition to the City of Batesville, Arkansas. (See
attached Plat)
The alley has not ever been used by the public as an alley and the public interest and welfare will
not be adversely affected by the abandonment of the alley described above.
The abutting landowner on the north side of the alley (i.e., Lots 1, 2, 3, 4, and 5) has consented to
the abandonment by written consent as attached.
The Petitioners pray that the City of Batesville abandon and vacate the above described alleyway
and that the above described real estate be used for the respective benefit and purpose as now
approved and provided by law.
The Petitioners further pray that the above described alleyway and real estate be vested in the
abutting property owners as provided by law.
WHEREFORE, the undersigned Petitioners respectfully pray that the City Council adopt a
Resolution giving notice and setting this Petition for public hearing; that the City Council of
Batesville, Arkansas abandon and vacate the above described alley and that title to the vacated
alley be vested in the abutting property owners as provided by law, and as to that particular land,
the owners be free from the easements of the public for the use of said alley.
1(G
DATED this 4:day of October, 2017.
Something New, LLC and Dennis Martin
and Mary Renee Martin, Petitioners
By:
John C. G g on behalf of Petitioners
GREGG, FARRIS & BUMPERS
Attorneys at Law
P. O. Box 2496
Batesville, AR 72501
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CONSENT
The undersigned, Broadstone TB Ozarks, LLC, a New York limited liability company, and
the record property owner of Lots 1, 2, 3, 4, and 5 of Block 3 of Ramsey Addition to the City of
Batesville, Arkansas, does not object and hereby consents that the City of Batesville, Arkansas
may vacate and abandon an alley located between Lots 1-5 and Lots 6-10 of Block 3 of Ramsey
Addition to the City of Batesville, Independence County, Arkansas.
The undersigned is aware that Something New, LLC and Dennis Martin and Mary Renee
Martin, have filed a Petition with the City Council of Batesville, Arkansas to vacate and abandon
said alley and do not object to the vacation described herein.
BROADSTONE TB OZARKS, LLC
a New York limited liability company
By: Broadstone Net Lease, LLC
a New York limited liability company,
its Sole Member
By: Broadstone Net Lease, Inc.
a Maryland corporation,
its Managin Member
By:
Name: J yar
Title:
Date: /0
STATE OF NEW YORK )
)ss.
COUNTY OF MONROE )
Subscribed and sworn to before me, a Notary Public, this day of i' < ,1. , 2017.
Notary Public
My Commission Expires:
ANN M. HODENIUS
Notary Public. State of New York
Qualified in Monroe County
Reg. No. 01 H06165656
Commission Expires 05'14/2019