HomeMy WebLinkAbout2017-11-01 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
South five(5)feet of the alleyway abutting Lot 10; that Broadstone TB Ozarks, LLC shall take
title to the North 5 feet of the alleyway abutting Lots 1, 2, 3, 4, 5, and 6.
Section 8. Severability provision - In the event that any section, paragraph, subdivision, clause,
phrase,or other provision or portion of this Ordinance shall be adjudged invalid or
unconstitutional,the same shall not affect the validity of this Ordinance as a whole, or any part or
provision, other than the part so decided to be invalid or unconstitutional, and the remaining
provisions of this Ordinance shall be construed as if such invalid, unenforceable or
unconstitutional provision or provisions had never4)een contained herein. !
Section 9. Repeal of Conflicting Ordinances and Resolutions - All ordinances,resolutions or j
orders of the City Council, or parts of ordinances, resolutions or orders of the City Council in I
i conflict herewith are hereby repealed to the extent of such conflict.
l
Section 10. Emergency Clause- Inasmuch as an emergency is declared to exist for the timely
completion of an important project, an emergency is hereby declared to exist and this Ordinance
shall take effect and be in full force and effect from and after its passage and signature by the
Mayor.
Passed this 7"day of November, 2017.
APPROVED:
Rick Elambaug r
ATTEST:
n11%A ,gA
I W P
enise Johnston4tity Clerk
Prepared by:
GREGG, FARRIS & BUMPERS
Attorneys at Law
P. O. Box 2496
Batesville, Arkansas 72503