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Ordinance Nqsl (-01 AN ORDINANCE CLOSING AN ALLEY LOCATED BETWEEN LOTS 1-5 AND 6-10 OF BLOCK 3 OR RAMSEY ADDITION TO THE CITY OF BATESVILLE.INDEPENDENCE COUNTY, ARKANSAS WHEREAS,a Petition was duly filed with the City Council of Batesville, Arkansas on the 4"day of October, 2017 asking the City Council to vacate and abandon all that portion of the alley designated on the plat of the Ramsey Addition to the City, now appearing of record in Deed Record Book H-5 at pages 192-193 AND Plat Book V-3, Page 519 in the office of the recorder of Independence County, Arkansas. 0 WHEREAS, pursuant to Arkansas Code Annotated §14-301,et se .,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 to vacate and abandon the alleyway as described above. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1. That the Batesville City Council makes a finding that the alley has not been actually used by the public generally for many years and at least five(5)years preceding the date of the filing of the Petition. Section 2. That all the owners of the property abutting upon the portion of the alley to be vacated have either joined in the Petition or have filed with the Council their written consent to the abandonment. Section 3. That the public interest and welfare will not be adversely affected by the abandonment of the alleyway as described above. Section 4. That the City of Batesville, Arkansas releases, vacates and abandons all its rights, together with all rights of the public generally, in and to the alleyway designated as follows: An alley 10 feet in width 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) Section 5. A copy of the Ordinance duly certified by the City Clerk shall be filed in the office of the recorder of county and recorded in the deed records of the county. Section 6. Each abutting owner shall take title to the centerline of the alley so abandoned and the ownership shall be free from easement of the City for public use as a street or alley. Section 7. That Something New, LLC shall take title to the South five(5) feet of the alleyway abutting Lots 6., 7, 8,and 9; that Dennis Martin and Mary Renee Martin shall take title to the