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HomeMy WebLinkAbout2008-01-02 ORDINANCE NO.aOO� - /— q AN ORDINANCE VACATLNG AND ABANDONING THAT PART OF 14"" STREET • ABUTTING LOTS 7 AND 8 OF BLOCK 74, MAXFIELD'S THIRD (3n ADDITION TO THE CITY OF BATESVILLE, ARKANSAS. AND LOTS 1 AND 14 OF BLOCK 73, MAXFIELD'S THIRD (3') EASTERN ADDITION TO TIIE CITYOF BATESVILLE, ARKANSAS: DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, Petitioners Flowers Baling Company of Batesville, LLC, are the owners of the lots abutting that part of 141 Street lying between Broad Street and Bates Street, and more particularly described as that part of 14a' Street abutted by part of Lots 7 and 8 of Block 74, Maxfield's Third Addition to the City of Batesville, Arkansas, and part of Lots 1 and 14 of Block 73, Maxfield's Third Eastern Addition to the City of Batesville, Arkansas; and, • WHEREAS, the only other abutting property owner is Lewis K. Canada, who owns Lot 1, Block 73, Maxfield's Third Addition to the City of Batesville, Arkansas; and, WHEREAS, the owner of said abutting lots have consented to the City vacating and abandoning said part of said 14a' Street; and, WHEREAS, this ordinance is adopted at its regular public meeting and the pros and cons of said action have been discussed and considered; and, WHEREAS, the City Council of the City of Batesville, Arkansas, finds as follows: (a) That all abutting property owners have consented to this ordinance and would be benefited by its passage. • (b) That said section of 14`h Street being vacated is no longer needed or required for municipal or public purposes. • (c) That the City has authority to adopt this ordnance pursuant to Ark. Code Ann. Sec. 14-301-101, 14-301-112, 14-54-104, and 14-54-302 as well as other autbority granted by the state legislature and other authority inherently possessed by the city. (d) That said section of 14`h Street is not commonly used as a thoroughfare by the public. (e) That the major use of said section is by the Petitioners, Flowers Baking Company of Batesville, LLC, in their business activities. (f) That there are sufficient other streets and thoroughfares in the neighborhood to carry the traffic volume through that part of the city. (g) That there is adequate access to all other property in that area and this closure and abandonment would not prevent any access to any other property nor will it cause • any undue inconvenience for those desiring access to their property. (h) That said closure would not adversely affect emergency services in said area. (i) That said closure would reduce the cost of the city's street maintenance and repair. 6) That said closure would result in fewer street intersections and would therefore lower accident potential. (k) That said closure would be beneficial to the city's commercial and economic growth. (1) That the public's interest and welfare would be benefited by said closure. • (m) That said closure would be beneficial to the public for all reasons specified herein. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY CODICIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1: The City of Batesville, Arkansas, does hereby release, vacate, and abandon all its right, together with all the rights of the public generally, in and to the street described as follows: That part of 10 Street lying between Broad Street and Bates Street and more particularly described as that part of 14w Street, abutting part of Lots 7 & 8 of Block 74, Maxfield's Third Addition to the City of Batesville, Arkansas, and part of Lots 1 & 14 of Block 73, Maxfield's Third Eastern Addition to the City of Batesville, Arkansas, and subject to utility easements lying within 14`h Street. Section 2: That title to the part of 14a' Street abandoned herein shall vest in the owners of the lots abutting said abandoned section, namely Flowers Baking Company of • Batesville, LLC and to Lewis K. Canada regarding that one-half of 14"' Street abutting his property. Section 3: That said section of 14`h Street being vacated is no longer needed or required for municipal or public purposes and said abandonment and closure would be beneficial to the city and the public for the reasons set out hereinabove. Section 4: That the Mayor and City Clerk are hereby directed, pursuant to the statutes cited herein,to execute any document and do such other acts as required to effectuate this ordinance. Section S: That a copy of this ordinance duly certified by the City Clerk along with a copy of a plat showing the portion of 14`h Street so abandoned shall be filed in the office of the Recorder of the County and recorded in the records of the county. • Section 6: It is hereby declared that an emergency exists and that this ordinance, being in the best interest of the public and its welfare, shall be effective from and after the date of its passage. PASSED this day of January, 2008. APPROVED: umbauah ATTEST: Ctty Clcrk, Denise John n • • CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. ATTORNEYS AT LAW LITTLE ROCK/FORT SMITH/FAVETTE VILLF www.cewe.com J.Bruce Cross 5401 Rogers Avenue Russell Gunter(l) Suite 200 David B.Vandergrifftlu Fort Smith,AR 72903 Carolyn B.Witherspoon Telephone(479)783-8200 Donna Smith Galchus Fax(479)783-8265 Benjamin H.Shipley, Hit Sentry Shively M.Stephen Bingham Allen C.Dobson Richard A.Roderick tResident in Fort Smith Office Susan L.Keller Kendalltt ttResident in Fayetteville Office Melissa McJunkins Duke 1D Member of Arkansas and Texas Bars Brian A.Vandiver All Others Arkansas Bar Reed R.Edwardstt Danna J.Young Jimmy C. Cline J.David Dixontt J.E.Jess Sweere Elizabeth Cummings writer's e-mail:bshiolevra:.cewe.com December 6, 2007 Chad McClure Via fedex City of Batesville IL500 East Main Street Batesville, AR 72501 RE: PETITION TO VACATE AND CLOSE A PORTION OF 14TH STREET Dear Mr. McClure: Please find enclosed for filing today, a Petition to Vacate and Close a Portion of 14th Street, along with exhibits A through F, which consists of a plat and consent letters in support of the Petition. Please file this document today and return the original to me at the address listed above. Thank you for your help with this matter. Please call me if you have any questions. Sincerely, CROSS, GUNT R, ITHERSPOON & GALCHUS, P.C. Ben Shipley BHS/km December 6, 2007 Page 2 cc: Dan Bader, Flowers Randy Layman, Flowers CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. ATTORNEYS AT LAW LITTLE ROCK/FORT SMITH/FAYETTEV ILLE www.cI!W2.com J.Bruce Cross 5401 Rogers Avenue Russell GunterP/ Suite 200 David B.Vandergriffto) Fort Smith,AR 72903 Carolyn B.Witherspoon Telephone(479)783-8200 Donna Smith Galchus Fax(479)783-8265 Benjamin H.Shipley, lilt Scotty Shively M.Stephen Bingham Allen C.Dobson Richard A.Roderick tResident in Fort Smith Office Susan L.Keller Kendalltt ttResident in Fayetteville Office Melissa McJunkins Duke Member of Arkansas and Texas Bars Brian A.Vandiver All Others Arkansas Bar Reed R.Edwardstt Danna J.Young Jimmy C. Cline J.David Dixontt J.E.Jess Sweere Elizabeth Cummings writer's e-mail:bshinlev(mcewa.com December 6, 2007 Chad McClure Via fedex City of Batesville 500 East Main Street Batesville, AR 72501 RE: PETITION TO VACATE AND CLOSE A PORTION OF 14TH STREET Dear Mr. McClure: Please find enclosed for filing today, a Petition to Vacate and Close a Portion of 14th Street, along with exhibits A through F, which consists of a plat and consent letters in support of the Petition. Please file this document today and return the original to me at the address listed above. Thank you for your help with this matter. Please call me if you have any questions. Sincerely, CROSS, GLINT R, ITHERSPOON & GALCHUS, P.C. Ben Shipley cr BHS/km December 6, 2007 Page 2 cc: Dan Bader, Flowers Randy Layman, Flowers • BATESVILLE CITY BOARD OF DIRECTORS PETITION TO VACATE AND CLOSE A PORTION OF 141h STREET COMES NOW the Petitioners, Flowers Baking Company of Batesville, LLC, hereinafter referred to as the "Petitioners" and for its petition to vacate and close a portion of 14th Street between Broad Street and Bates Street, states and alleges as follows: 1. The Petitioners are the owners of the following described Real Property located in the City of Batesville, Independence County, Arkansas (the "City") to wit: Part of Lots 7 & 8 of Block 74, Maxfield's Third Addition to the City of Batesville, Arkansas, and Part of Lots 1 & 14 of Block 73, Maxfield's 3`d Eastern Addition to the City of Batesville, Arkansas, (See attached Exhibit A, which is attached hereto and incorporated by reference and is a copy of a plat map showing the above described property.) 2. This petition to vacate the public street is filed pursuant to ACA Section 14-54-14 (2). 3. The Petitioners ask that the portion of 14th Street lying between Broad Street and Bates Street be closed and vacated, subject to a 7 Yz foot water and sewer easement lying within 14th Street. (Exhibit A is the plat showing the area to be vacated and closed.) 4. The Petitioners state that the configuration of 14th Street in this portion of the City is not conducive to a smooth and orderly traffic flow, nor does it serve the interests of the surrounding property owners to keep this street open. 1 5. That, aside from the Petitioner, there is only one owner of an abutting lot to a portion of the street being vacated and said owner has consented to the City vacating and abandoning said part of 14th Street. (Attached hereto as Exhibit B. is the consent.) 6. That said section of 14th Street is not commonly used as a thoroughfare by the public. 7. That the major use made of said section is by the Petitioner and its business activities. 8 That there are sufficient other streets and thoroughfares in the neighborhood to carry the traffic volume through that part of the City. 9. That there is adequate access to all other property in the area and this closure and abandonment would not prevent any access to any other property nor will it cause any undue inconvenience for those desiring access to their property. 10. That said closure would not adversely affect law enforcement or emergency services in that area. Attached as Exhibit C is a consent from the Sheriff of Independence County. Attached as Exhibit D is a consent from the Director of the Emergency Services of the City of Batesville. Attached as Exhibit E is a consent from the Fire Chief. 11. That said closure would reduce the cost of the City street maintenance & repair. 12. That the closure will be beneficial to the City's commercial and economic growth and that the public's interest and welfare will be benefited by 2 the closure. Attached hereto as Exhibit F is the consent of the Batesville City Street Superintendent consenting to the closure. WHEREFORE, premises considered, the Petitioners respectfully pray that the portion of 141h Street between Broad Street and Bates Street in Batesville, Independence County, Arkansas, described above, be closed and vacated by the City of Batesville, pursuant to ACA Section 14-54-104 (2). Respectfully submitted, By and through their attorney Ben Shipley 5401 Rogers Avenue, Suite 200 Fort Smith, AR 72903 Phone: (479) 783-8200 Fax: (479) 783-8265 By: 41 414 Ben Shipley, Attor ey for lowers Bakery Ark. Bar Number: 80130 • 09i'1?; 200? 05: 28 806121119 FEC OF BATES'VILLE PAGE 02 11/14/07 KED 14!47 FA.1 479 780 6280 Cross Gunter Witherspoon %UO2 CTo Whom It May Concern: My name Is Louis K. Canada. I am the only abutting property owner to the proposed closure of 14" Street located between Broad Street and Bates Street. My home is located on Lot 1 of Block 73, Maxfields Third Addition to the City of Batesvnis. I have absolutely no objection to the City closing and vacating 10 Street between Broad Street and Bat" Street, Sincerely, Louis K. "nude ` Dated: EXHIBIT 08`170007 06: 8 8706121119 FEC OF BATESVILLE PAGE 03 11/14/07 MED 14:48 FAS 479 183 8283 Cross Gunter M1tCerspoon ®o0d To Whom It May Concern: I am familiar With that part of 14'� Street located between Broad Street and Bates Street In Batesville, Arkansas. To my knowledge this street is seldomty used by the public and any trafflc tftet it does bear can easlty be handled by the remaining streets in that area and no area would be non-assessable if this part of 14'" Street Is vacated and closed. Also, closure would reduce the number of Intersections and thereby result In potentially fewer accidents. This part of 140' Street Is not a part of any emergency plan and Is not commonly used by officers responding to emergencies. If there should be an emergency In this area, emergency units would have easy access to those areas without Increased travel or loss of time if this part of 14'" Street was closed. Sincerely, lk wkVoky, Sheriff Oated: ;? J D e4 / D7 • EXHIBIT 08/U '200' 05: E'0E1'?1119 FEC OF BATES', ILLE PAGE 05 1033 E.M.S. Drive VITAL LINK 9a"gvAR 71 870-793.3353351 Fax 870-793-3159 www.vital Link FM5 ori To Whom It May Concern: I am familiar with that part of 14" Street lying between Broad Street and Bates Streets In Batesville, Arkansas, Upon the request of Randy Layman with Flowers Bakery, I personally went to that particular area to see what problem closure of that portion of the street might cause, This part of 14Q1 Street is not a part of any emergency plan and Is not commonly used by Independence County EMS in responding to emergencies. In the past this area has been avoided in responding to emergencies. • Should there be an emergency in this area, our emergency units would have access to all parts of the neighborhood without any undue inwnvenlence or loss of time if the street was closed. Sincerely, E tive Director Independence Co�un EMS Dated: ZL 'o T • EXHIBIT DJ 08i'1z:2007 06:26 8706121119 FBC OF BATESVILLE PAGE 04 11/11'07 TED 14:47 FAS 479 783 8293 Cross Gunter Plchersvoon 0 To Whom It May Concern: The proposed closing of 14'' Street for one (1) black between Broad Street and Bates Street will not affect, t efore the fie department has nnot'objection to ere emergency re osing.tffic In hal area of the city, Sincerely, re Chief Dated: ? • EXHIBIT � L� 08/}91'2007? 04: 59 8706121119 FEC OF EATESVILLE PAGE 02 11,14 -07 WED 14:3' Fa.I 479 191 8233 Cross Gun-car Wlth,)r9yooa (4003 is To Whom It May Concarn: I am famil',ar with that part of 14°i Street located between Broad Street and Bates Street. As Street Superintendent, I am aware of the traffic flow In that part of the city anc know ti^at part cf 147' Street Is not a common route of travel,_ Traffic flow would not be affected in any way that would be detrimental to Ltie City if this sec ion were dosed. Bates Street, Broad Street, and other streets in the area can cavy the traNk volume through this area without any problem. The vacation and closing of this one block would save the.city money in maintenance and repair costs. Sincerely, Street Superintendent Dated: • EXHIBIT !1 I r { 1 \ � • ' f !`. \1 \ �� y,S i •J� .\ i•,`' `� \ i k1' 1 1 V 1 �`' -----.._../r111.Sti_.�_—.�._..�_� [_ , _. . 1 h! / I' , i \1 -. 1',� �. i •.i 1 i� ' ; t • ! [ J . ! J r J . . : J r II 1 �� 1_` w y � + t i J I / r Y:•l'O a It ,-i 1 yy j •. f 1 . i �h. 1 1 i t` . ! tl .ySF ZO m V •/,/ 1 .. f, \ \ x '1,1 y { y� ` I i '� {.i r * ! 1 i `' r•I�/ :r [ .r 1 11[ ,[ r r , '/.. J I I J alt J it ,.J: ;. < . 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