HomeMy WebLinkAbout2007-01-04 BEFORE THE CITY COUNCIL OF THE CITY
OF BATESVILLE, ARKANSAS
ORDINANCE NO.��2-! L}
AN ORDINANCE CLOSING AN UNUSED PORTION OF
A DEDICATED STREET WHICH IS LYING EAST OF THE INTERSECTION OF
U. S. HIGHWAY 167 AND WHITE DRIVE
IN THE CITY OF BATESVILLE, ARKANSAS
WHEREAS, a Petition was duly filed with the City Council of the City
of Batesville, Arkansas, on the 901`day ofQ �MA , 2006, asking the City
Council to vacate and abandon all that certain portion of a dedicated by
unused street lying East of Highway 167 and White Drive and as further
described in the Petition in the City of Batesville, Arkansas; and
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 hereinbefore
described has heretofore been dedicated to the public use a street but has
not actually been used by the public generally since it was dedicated in
1976; that all of the owners of the property abutting upon the portion of
the street to be vacated have petitioned the City Council for such vacation
and abandonment; and 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:
• SECTION I
The City of Batesville, Arkansas, hereby releases, vacates and
abandons all its rights of the public generally, in and to the street
designated as follows:
Beginning at the NW corner of the intersection of McGurie and
Buckeye Streets which have been previously dedicated as Streets
Right-of-Way; thence S 3 degree 20'53" E along the West Right-of-
Way line of McGuire Street, a distance of 40.93 feet; thence S 74
degrees 23'43" W, a distance of 195.90 feet; thence S 87 degrees
46'02" W a distance of 275.99 feet; thence N 40.93 feet to a point
that is 326.23 feet S 50 degrees 38'58" E of the right of way of US
Highway 167, thence N 87 degrees 46'02" E 256.11 feet, thence 74
degrees 23'43" E, a distance of 199.90 feet to the point of
beginning.
SECTION 11
A copy of this 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 III
This Ordinance shall take effect and be in force from and after its
passage.
PASSED and APPROVED on this Oday of 2007.
Iry
Al
Rick Elumbaugh, May
A ST:,
_Y K
G City Clerk
BELEW Ft BELL
ATTORNEYS AT LAW
500 EAST MAIN, SUITE 208
BATESVILLE, ARKANSAS 72501
TELEPHONE (870) 793-4247
JOHN M. BELEW 1-800-214-2626 TELECOPIER
STEVE BELL (870) 793-2055
e-mail: Steve(a)BelewandBell.com
January 11, 2007
Batesville Guard
P. 0. Box 2036
Batesville, AR 72501
FN L. i UMV W nedrinn
Butler/Allen/Angel
C,arlflpman-
Please find enclosed herein a Notice which should be published once a
week for two consecutive weeks.
Please forward to me your proof of publication along with your statement
for publishing the same and I will promptly remit.
Thanks for your help in this matter.
Call ;
C_
ve Bell
SLB/jd
Enclosure
cc: Denise Johnston
City Clerk
60 BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS
NOTICE OF HEARING
TAKE NOTICE AND BE ADVISED that a Petition to vacate a certain
dedicated but unused city street lying East of the intersection of U. S.
Highway 167 and White Drive was filed by Jim and Cindy Butler; J. D. and
Cindy Allen, and Jeff Angel and Tammy Angel, in the office of City Clerk of
Batesville on the 9" day of January, 2007, and that a nearing siidii be
held on the30th day of January, 2007, in the City Hall at 5:30 p.m., at
which time the City Council for the City of Batesville, Arkansas, will
consider the Petition to Vacate the unused portion of said street.
Beginning at the NW corner of the intersection of McGurie and
Buckeye Streets which have been previously dedicated as Streets
Right-of-Way; thence S 3 degree 20'53" E along the West Right-of-
Way line of McGuire Street, a distance of 40.93 feet; thence S 74
degrees 23'43" W, a distance of 195.90 feet; thence S 87 degrees
46'02" W a distance of 275.99 feet; thence N 40.93 feet to a point
that is 326.23 feet S 50 degrees 38'58" E of the right of way of US
Highway 167, thence N 87 degrees 46'02" E 256.11 feet, thence 74
degrees 23'43" E, a distance of 199.90 feet to the point of
beginning.
All persons interested in this matter shall be heard at the hearing
set on the 301h day of January, 2007, at 5:30 p.m., or as soon thereafter
as the business of the City Council permits.
Denise Johnston
City Clerk
BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS
ORDER SETTING HEARING
Now on thisf� day of 2007, is presented the Petition
to Vacate the unused portion of a street lying East of U. S. Highway 167
and White Drive Petitioners request the hearing be set on said petition,
from all of which the City Council for the Batesville, Arkansas, finds:
1. That a hearing shall be held on the Su`1 day of
%
2007, in the City Hall at S;:k , p.m.
2. That Petitioners shall be required to publish notice of the
hearing once a week for two consecutive weeks in a newspaper having a
general circulation in the City of Batesville, Arkansas.
THEREFORE, BE IT NOW RESOLVED that a hearing be held at S:3y ,
n-
p.m., on theJ0 day of 2007, for the purpose of hearing the
vv ..
Petition to close the street as set out in said Petition and that notice of
hearing be published once weekly for two consecutive weeks in a
newspaper having a general circulation in the City of Batesville, Arkansas.
Rick Elumbaug , Mayor
ATTEST: I
City Clerk
I- q-o�
Date
BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS
RE: Dedicated an unused street lying East right of way of U.S. Highway
167 and White Drive
PETITION TO VACATE UNUSED STREET
Comes now Jim and Cindy Butler, husband and wife, and J. D. Allen
and Cindy Allen husband and wife, and Jeff Angel and Tammy Angel,
husband and wife, and pursuant to Act 17 of the Arkansas Acts of 1945,
state for their petition to abandon a certain street for non-use as follows:
1. That attached to this Petition is a Dedication Description of a
certain street that said Deed of Dedication being filed March 16, 1976 and
recorded in Deed Record Book B-111, page 29-32 of the Deed Records of
Independence County, Arkansas.
2. That Petitioners propose to close all of the dedicated but
unused street described as follows:
Beginning at the NW corner of the intersection of McGurie
and Buckeye Streets which have been previously dedicated as
Streets Right-of-Way; thence S 3 degree 20'53" E along the
West Right-of-Way line of McGuire Street, a distance of 40.93
feet; thence S 74 degrees 23'43" W, a distance of 195.90 feet;
thence S 87 degrees 46'02" W a distance of 275.99 feet;
thence N 40.93 feet to a point that is 326.23 feet S 50
degrees 38'58" E of the right of way of US Highway 167,
thence N 87 degrees 46'02" E 256.11 feet, thence 74 degrees
23'43" E, a distance of 199.90 feet to the point of beginning.
3. That Jim and Cindy Butler are the property owners of all
t lands described in paragraph 2 above that lies South of the Street to be
closed; and J. D. and Cindy Allen, and Jeff and Tammy Angel are the
owners of all the lands adjacent to the street to be closed lying North of
the street to be closed.
4. That there has been no attempt to use this street for public
purposes since it was dedicated in 1976.
5. That Petitioners are the owners of all lands which abut the
street hereinabove mentioned; that no other property owner other than
Petitioners will in any way be affected by the vacation of such street.
6. That the presence of the platted but unopened street on
Petitioners lands is of no benefit and the public interest and welfare will
not be adversely affected by the abandonment of such unopened street.
WHEREFORE, Petitioners request that the City Council for the City
of Batesville, set this Petition for hearing as required by the terms of Act
17 of the Arkansas Acts of 1945, and that upon such hearing the City
Council by ordinance abandon the street hereinabove identified.
PETITIONERS
JIM BUTLER and CINDY
BUTLER, J. D. ALLEN and
CINDY ALLEN, and JEFF ALLEN
AND TAMMY A � ^�
BY:
Steve Bell ID #78018
BELEW & BELL
500 East Main, Suite 208
( Batesville, AR 72501
�r (870) 793-4247
i
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AMENDMENT TO DEED OF DEDICATION
OF
BUTLERWOOD SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS:
This Amendment to Deed of Dedication of Butlerwood
Addition is made on this day of March, 1976 by Virgil J.
Butler, a single person, ' who is the owner in fee simple of the
following described property located in Independence County,
Arkansas, to-wit:
A tract of land being a part of the North
Half of the Northeast . Quarter .of Section
Nine (9 ) , ' Township Thirteen (13) North, Range
Six (6) West of the Fifth Principal Meridian,
in Independence County, Arkansas, and more
particularly described as follows: -
Beginning at the NW corner of the Intersection
of McGuire and Buckeye Streets which have been
previously dedicated as Street Rights-of-Way;
thence S 30 20 ' .53" E along the. West Right-of-
Way line of McGuire Street, a distance of 40 . 93
feet; thence S 740 23 ' 43" W a distance of
195 .90 feet; thence S 870 46' 02" W a distance
of 275 .99 feet ; thence N 500 38 ' 59" W. a
distance of 345.60 feet to a point on the
East Right-of-Way Line of U. S. Highway 167;
thence N 450 19 ' 00" E along said East Highway l
Right-of-Way Line, a distance of 40. 22 feet ;
thence S 50 38 ' 59" E, a distance of 326. 23
feet; thence N 870 46' 02" E a distance of
256 . 11 feet; thence N 740 23' 43" E, a distance
of 199 .90 feet to the point of beginning,
containing 0.73 acres, more or less .
Now, therefore, Virgil J. Butler, for and in considers=
tion of the benefits to him to accrue, and to his heirs and asst ns,
i
which benefits he acknowledges to be of value, has caused to be
made the Plat shown as Exhibit "A" and made a part of this Deed I
of Dedication as though set out herein word for word, said surve
having been made by Thomas J . Boylan, dated January 28, 1976,
showing the bounds and dimensions of the property now being
dedicated into a public street and said street being an extensio
of Buckeye Street as shown in an Amendment in Book J-9 at pages
81 and 82 of the Deed Records of Independence County, having
been filed on or about February 19, 1969 , and said Grantor hereby
donates and dedicates to the public hereafter an easement of way
J
on and over the street as shown by said Plat, which street shall
be. known as a continuation of Buckeye Street .
The filing of this Deed of Dedication for record in the
office of the Circuit Clerk of Independence County, Arkansas
shall be a valid and -complete delivery in dedication of the
street, subject to the limitations set out herein. The Grantor
reserves the right to use any surplus dirt in said street for
his own use and benefit and for the use and benefit of such
persons as he may specifically designate .
WITNESS my hand and seal this day of March,
1976 .
/Virgp J. Butler
- J
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GS
East light4 f—Way
of US Highway 187
S
DEDICATION DESCRIPTION
A tract of land to be dedlcatod as street light4 f—Way beiag a
part of the North Half of the North3ast Quarter of Section Mine In
Township Thirteen North ant Nang, six West of the Fifth principal
Meridian (M% HE%. Sec. 9, T13H R6W, 5th P.M.) in lndependence County,
Arkansas tort particularly described as follows;
v
Beglnning at the NN corner of the Intersoctiee of McGuire and
Buckeye Streets which Vivo been previously dedicated as Stteet
=
lights—u"all, thence S 3620'53" E along the West Right--Of—Way Line of
o McGuire Street, a distance of 40.93 feet; thence S 74'23'43" N. a
distance of 195.90 feet; thence S 81'46'02" W a distance of 275.99
feet; thence N 51138'59t' W, a distance of 345.60 feet to a point
in the East Right—Bf—Way Line of US Highway 167; thence N 45911`10" E
along said East Highway Right—Ot--Way Line, ° distance of 48.11 feat;
thence S 58138'59" E, a distance of 326. 23 feet; thence N 87'46'62" E
° distance of 256.11 feet thence N 74623'43" E, a distance of 199.90
feet to the Point of BeginninE! Ccntsining 0.73 acres, mere or less
w
s t
c o
� N
P C� t
POB
x48.93' S 3°26'53" E
McGuire St. (50` R/W)
j Y i T1-10G1AS J. BOYLAN
t o REGISTERED
" LAND SURVEYCR
m v
STATE OF
ARKANSAS
NO. 617
i
J � �
SURVEYOR' S CERTIFICATE —
1, THOMAS 1. BOTLAN, a Registered Land Survtysr, have surveyed
the above described property, and the stave wrap Is a time repre—
sentation thettef and shows the site and location of the proporty, VIRGIL BUTLER
' This survey Is made let the exclusive use If rho owntr horeaw
&kaxA, ind {Iso those who purchase, m11118 e, or 2WIFIotte the title STREET DEDICATION
thtrete, within one rear item the date hereon shown, and as to than
I warrant the accuracy of said survey and tap. BOYLAN ASSOCIATES„ INC-
545 Cook Batesville
1-28-76 07-256-01
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS.
County of Independence.).
BE IT REMEMBERED, that on this day came before me, the
undersigned , a Notary Public within and for the county and state
aforesaid, duly commissioned and acting, Virgil J. Butler, to
me well known as the Grantor in the foregoing Amendment to Deed
of Dedication, and stated that he had executed the same for
the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this
day of March, 1976•
NOTARY PU C
(SEAL)
My Commission expires: .
CERTIFICATE OF RECORD
STATE OF ARKANSAS .,A �
County of INDEPENDENCE
I W. M- Harkey, Clerk of the Circuit Court and Ex-Offlcio
Recorder within and for the County aforesaid, do hereby certify
that the annexed and foregoing- Instrument of writing was filed
for record In my offire'this 16th•day of MARCH A.D.
19_J._6 at 2 :50 o'clock P- M. and the same Is now duly
recorded. with the ao mowledgement and certificates thereon, in
Record Book B-11 page 29-32 of deeds.
IN TESTI1tIONY JVUEREOF, I have hereunto set my hand
and affixed the seal of s�i`� Court at my office in the City Of
Batesville, Arkansas, this l th• day of MARCH 1916
_. Br /7—_D, :,> 7i c�,�• Nom.
'---FORE THE CITY COUNCIL OF BATESVILLE,ARKANSAS
"y NOTICE��HFeaur
TAKE NOTICE AND BE ADVISED that a iEast Petition to vacate a certain
Highway 167 and Whbut tecDrivetwas fireet led by Jim of the Clerk of intersection
J. D. and
Cindy Allen, and Jeff Angel and Tammy Angel, iand CindyButlen the office of City ClRecord Co., Ine•
Batesville on the 9th day of January, 2007, and that a hearing shall l held " BATESVILLE DAILY GUARD
on the 30th day of January,2007,in the City Hall at 5:30 p.m.,at which time 0. BOX 2036
the City Council for the City of Batesville, Arkansas, will consider the ,, ARKANSAS 72503
Petition to Vacate the unused portion of said street.
Beginning at the NW corner of the intersection of McGuire
and Buckeye Streets which have been previously dedicated 1SAS,
as Streets Right-of-Way; thence S 3 degree 20'53" E along ss. AFFIDAVIT
the West Right-of-Way line of McGuire Street, a distance of
ence
40.93 feet; thence S 74 degrees 23'43" W, a distance of -reby certify that I am the manager of the BATESVILLE DAILY GUARD,a newspaper pub-
195.90 feet; thence S 87 degrees 46'02" W a distance of -rvals,Monday through Friday,continuously at Batesville,Independence County,Arkansas.
275.99 feet;thence N 40.93 feet to a point that is 326.23 feet od of twelve months,circulated and distributed from an established place of business to sub-
.S 50 degrees 38'58"E of the right of way of US Highway 167, generally of all classes in the City and County for a definite price for each copy,or a fixed
thence N 87 degrees 46'02"E 256,11 feet,thence 74 degrees hich price was fixed at what is considered the value of the publication,based upon the news
23'43"E,a distance of 199.90 feet t0 the point of beginning. alue it contains;that at least fifty percent of the subscribers thereto have paid cash for their
All persons interested in this matter shall be heard at the hearing set on newspaper or its agents or through recognized news dealers over a period of at least six
the 30th day of January, 2007, at 5:30 p.m., or as Soon thereafter as the a said newspaper publishes an average of more than forty percent news matter.
business of the City Council permits. nify that the legal notice hereto attached was published in said newspaper for
Denise Johnston nsecutive inserti ns as follows:
City Clerk - 'tion n the day of 20 ,the second insertion on the
2:14 ..7,.a7 Of 20 the t d insertion on the day of
2(Y' ,the o insertion on he day of ,20
the fifth insertion on the day of 20 , the sixth insertion on the
day of 20 the seventh insertion on the day of
20 , the eighth insertion on the day of 20
the ninth insertion on the day of 0 ,and the tenth'nsertion on
the day of 20
OFFICIAL SEAL
Dottie J. Dodsonff
NOTARY PUBLIC-�JA�RKKANSAS Swom to and subscribed before me this o1 L day l,t 2 ,
M1'COMMI 10 1 PQM jj-01-2016
ID#12350374 I
,- - My commission expires:j !Q oZ t✓
Publication fees, (7 Received payment ,20
BELEW Ft BELL
ATTORNEYS AT LAW
O500 EAST MAIN, SUITE 208
BATESVILLE, ARKANSAS 72501
TELEPHONE (870) 793-4247
IER
JOHN M. BELEW 1-800-214-2626 0) 793- 055
STEVE BELL (870) 793-2055
e-mail: Steve@BeiewandBett.com
January 11, 2007
Batesville Guard
P. 0. Box 2036
Batesville, AR 72501
RE: Notice of Hearing
Butler/Allen/Angel
Gentlemen:
Please find enclosed herein a Notice which should be published once a
week for two consecutive weeks.
Please forward to me your proof of publication along with your statement
for publishing the same and I will promptly remit.
Thanks for your help in this matter.
C all ;
ve Bell
SLB/id
Enclosure
cc: Denise Johnston
City Clerk
BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS
NOTICE OF HEARING
TAKE NOTICE AND BE ADVISED that a Petition to vacate a certain
dedicated but unused city street lying East of the intersection of U. S.
Highway 167 and White Drive was filed by Jim and Cindy Butler; J. D. and
Cindy Allen, and Jeff Angel and Tammy Angel, in the office of City Clerk of
Batesville on the 9'` day of January, 2007, and that a nearing shall be
held on the30th day of January, 2007, in the City Hall at 5:30 p.m., at
which time the City Council for the City of Batesville, Arkansas, will
consider the Petition to Vacate the unused portion of said street.
Beginning at the NW corner of the intersection of McGurie and
Buckeye Streets which have been previously dedicated as Streets
Right-of-Way; thence S 3 degree 20'53" E along the West Right-of-
Way line of McGuire Street, a distance of 40.93 feet; thence S 74
degrees 23'43" W, a distance of 195.90 feet; thence S 87 degrees
46'02" W a distance of 275.99 feet; thence N 40.93 feet to a point
that is 326.23 feet S 50 degrees 38'58" E of the right of way of US
Highway 167, thence N 87 degrees 46'02" E 256.11 feet, thence 74
degrees 23'43" E, a distance of 199.90 feet to the point of
beginning.
All persons interested in this matter shall be heard at the hearing
set on the 30"' day of January, 2007, at 5:30 p.m., or as soon thereafter
as the business of the City Council permits.
Denise Johnston
City Clerk
BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS
ORDER SETTING HEARING
Now on this fiE day of 1 2007, is presented the Petition
to Vacate the unused portion of a street lying East of U. S. Highway 167
and White Drive, Petitioners request the hearing be set on said petition,
from all of which the City Council for the Batesville, Arkansas, finds:
1. That a hearing shall be held on the day of
2007, in the City Hall at S:3J , p.m.
2. That Petitioners shall be required to publish notice of the
hearing once a week for two consecutive weeks in a newspaper having a
general circulation in the City of Batesville, Arkansas.
THEREFORE, BE IT NOW RESOLVED that a hearing be held at 5,30
,
p.m., on the Jytt-
day oi0 a , 2007, for the purpose of hearing the
Petition to close the street as set out in said Petition and that notice of
hearing be published once weekly for two consecutive weeks in a
newspaper having a general circulation in the City of Batesville, Arkansas.
Rick Elumbaug , Mayor
ATTEST:
City Clerk
I- 9 -0-)
® Date
BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS
RE: Dedicated an unused street lying East right of way of U.S. Highway
167 and White Drive
PETITION TO VACATE UNUSED STREET
Comes now Jim and Cindy Butler, husband and wife, and J. D. Allen
and Cindy Allen husband and wife, and Jeff Angel and Tammy Angel,
i
husband and wife, and pursuant to Act 17 of the Arkansas Acts of 1945,
state for their petition to abandon a certain street for non-use as follows:
1. That attached to this Petition is a Dedication Description of a
certain street that said Deed of Dedication being filed March 16, 1976 and
i
I
recorded in Deed Record Book B-111, page 29-32 of the Deed Records of j
Independence County, Arkansas.
I j
2. That Petitioners propose to close all of the dedicated but
unused street described as follows:
I
i
Beginning at the NW corner of the intersection of McGurie
and Buckeye Streets which have been previously dedicated as
Streets Right-of-Way; thence S 3 degree 20'53" E along the
West Right-of-Way line of McGuire Street, a distance of 40.93
feet; thence S 74 degrees 23'43" W. a distance of 195.90 feet;
thence S 87 degrees 46'02" W a distance of 275.99 feet;
thence N 40.93 feet to a point that is 326.23 feet S 50
degrees 38'58" E of the right of way of US Highway 167,
thence N 87 degrees 46'02" E 256.11 feet, thence 74 degrees
23'43" E, a distance of 199.90 feet to the point of beginning.
i
i
3. That Jim and Cindy Butler are the property owners of all
lands described in paragraph 2 above that lies South of the Street to be j
i
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I
closed; and J. D. and Cindy Allen, and Jeff and Tammy Angel are the
I
owners of all the lands adjacent to the street to be closed lying North of
i
the street to be closed.
I
4. That there has been no attempt to use this street for public
i
� purposes since it was dedicated in 1976. j
I
5. That Petitioners are the owners of all lands which abut the
i
street hereinabove mentioned; that no other property owner other than
i
Petitioners will in any way be affected by the vacation of such street.
6. That the presence of the platted but unopened street on
Petitioners lands is of no benefit and the public interest and welfare will
i
• not be adversely affected by the abandonment of such unopened street.
WHEREFORE, Petitioners request that the City Council for the City
of Batesville, set this Petition for hearing as required by the terms of Act
i
17 of the Arkansas Acts of 1945, and that upon such hearing the City
i
Council by ordinance abandon the street hereinabove identified.
PETITIONERS
JIM BUTLER and CINDY
BUTLER, J. D. ALLEN and
CINDY ALLEN, and JEFF ALLEN
AND TATtMY A�
BY: /1` / �' I
Steve Bell ID #78018 j
BELEW Et BELL
500 East Main, Suite 208
Batesville, AR 72501
i
(870) 793-4247
I
i
i
a�
AMENDMENT TO DEED OF DEDICATION
OF
BUTLERWOOD SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS:
This Amendment to Deed of Dedication of Butlerwood
Addition is made on this _A_ day of March, 1976 by Virgil J .
Butler, a single person, * who is the owner in fee simple of the
following described property located in •Independence County,
Arkansas, to-wit :
A tract of land being a part of the North
Half of the Northeast , Quarter of Section
Nine (9) , .Township Thirteen (13) North, Range
Six (6) West of the Fifth Principal Meridian,
in Independence County, Arkansas, and more
particularly described as follows:
�r Beginning at the NW corner of the Intersection
of McGuire and Buckeye Streets which have been
previously dedicated as Street Rights-of-Way;
thence S 30 20 ' 53" E along the West Right-of-
Way line of McGuire Street, a distance of 40 . 93
feet ; thence S 740 23 ' 43" W a distance of
195 .90 feet; thence S 870 46' 02" W a distance
of 275 . 99 feet ; thence N 500 38 ' 59" W. a
distance of 345. 60 feet to a point on the
East Right-of-Way Line of U . S. Highway 167;
thence N 450 19 ' 00" E along said East Highway I
Right-of-Wa� Line, a distance of 40. 22 feet ;
thence S 50 38 ' 59" E, a distance of 326 . 23 i
feet ; thence N 870 46' 02" E a distance of
256. 11 feet; thence N 740 23' 43" E. a distance
of 199 .90 feet to the point of beginning,
containing 0 .73 acres, more or less .
Now, therefore, Virgil J . Butler, for and in considera-
tion of the benefits to him to accrue, and to his heirs and asst ns,
i
which benefits he acknowledges to be of value, has caused to be
made the Plat shown as Exhibit "A" and made a part of this Deed
of Dedication as though set out herein word for word, said surve
having been made by Thomas J . Boylan, dated January 28, 1976,
showing the bounds and dimensions of the property now being
dedicated into a public street and said street being an extensio
of Buckeye Street as shown in an Amendment in Book J-9 at pages
81 and 82 of the Deed Records of Independence County, having
been filed on or about February 19, 1969 , and said Grantor hereby
donates and dedicates to the public hereafter an easement of way
on and over the street as shown by said Plat, which street shall
be. known as a continuation of Buckeye Street .
The filing of this Deed of Dedication for record in the
office of the Circuit Clerk of Independence County, Arkansas
shall be a valid and .complete delivery in dedication of the
street, subject to the limitations set out herein. The Grantor
reserves the right to use any surplus dirt in said street for
his own use and benefit and for the use and benefit of such
persons as he may specifically designate .
WITNESS my hand and seal this ZL day of March,
1976 . n
/Virgp J. Butler
m
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O \f r
SCALE I " = I DO'
4k
East Right--If—Nay
of US Highway 167
a"e 0� co• 0
h0
S
_DEDICATION DESCRIPTION
A tract of land 1t be dedlcat Id as street Ifghl--Yl—Way beiRe a
part of the North Halt of the North3ast Quarter of Section Nine In
Township Thirteen North and Range Iix West of the Fifth Principal
Meridlan (N% NES;, See. 9, T13N R61, 5th P,M.) IR Independence County,
Arkansas more particularly described as follows:
Beginning at the 11111 corner of the InterssctleR of Mc6uirs and
Buckeye Streets which Rare been previously dedicated as Street
k(ghtt—Of-1pr thence S 3120'53" E along the West Right—Of—Way Line of
tJ
_ = o McGuire Street, a distance of 40.93 feet; thence S 14'23'43" 1, a
N
m n distance of 195.90 feet; thence S 81146'02" W a distance of 275. 98
`v flet' thence M 51'38'59" W. a distance of 345.60 feet to a point
an the East Right—Of—Way line of US Nlghway 167; thence N 45111`10" E
V' along said East Highway Right—Of--Way linea distance of 46.21 fest;
thence S 56038'59" E, a distinct of 326. 13 feet; thence N 81046'02" E
a distance of 256.11 feet: thence N 14023'43" E, a distance of 191.90
feet to the Point If Beginning: Centsining 0.73 acres, miller less,
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f o ' TIIOG1AS J. 130YLAN
1 y o REGit TER E:J
LAND SURVEYOR
STATE OF
ARKANSAS
NO. 617
I
SURVEYOR' S CERTIFICATE
1, THOMAS 1. BOYLAN, a Re¢istored Land Surveyor, have suryoyed
the above describod property, and the above ■ap Is a true ropro—
sentation thereof and shows the sits and location of the property, MASSOCIATES.,
This survey Is made let the exclusive wsw e1 the owner hereon
shewA. laaA �lsq Ltirlse who purchase, mtrtypge, of gwafestee the title
thereto, al thin one year from the data hereon shown, and as to them
I warraRt the accuracy tf said surrey and map.
545 Cook Batesyille
—1B--76 07-256 1
J
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS.
County of Independence.)
BE IT REMEMBERED, that on this day came before me, the
undersigned , a Notary Public within and for the county and state
aforesaid, duly commissioned and acting , Virgil J. Butler, to
me well known as the Grantor in the foregoing Amendment to Deed
of Dedication, and stated that he had executed the same for
the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this
day of March, 1976 •
NOTARY PU C
(SEAL)
My Commission expires.
CERTIFICATE OF RECORD.
STATE OF ARKANSAS J
County of INDEPENDENCE
I W. DL narkey, Clerk of the Cimnit Court and Ex-Officio
Recorder within and for the County aforesaid, do hereby certify
that the annexed and foregolnp Instrument of writing was filed
for record in my
ooffice'tbis 16th day of MARCH _ A.D.
Iti�6 at 2 : 50 o'ciccir P- m. ar-d the same 13 now duly
recorded. with the ac'.anowledgement and certifieatea thereon, In
Record Book B-11 Page 29-32 of deed,.
IN TESTIMONY JVIIEREOF, I have hercunto set my hand
and affixed the seal of s i' Court at my office in the City of
rw
Batesville, Arkansas, this th• day of MARCH 197