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HomeMy WebLinkAbout2004-09-01-R BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS RESOLUTION NO. 4902V-2—/-2 A RESOLUTION CONDEMNING THE STRUCTURE DESCRIBED HEREIN, DECLARING A NUISANCE AND FOR OTHER PURPOSES. WHEREAS, Section 11.36.01, et seq of the Batesville Municipal Code provides for condemnation of buildings, houses, and other structures under certain circumstances and; WHEREAS, the building described herein has been examined by the City Council and Code Enforcement Officer because of the disrepair of the structure, and; (W WHEREAS, the structure has the following deficiencies: 1. Major structural components, or parts thereof, such as the doors, windows, and walls are missing; 2. The structure has been left unlocked, unattended, and vacant; 3. The structure is not under active repair; 4. The structure is not being used as an accessory building or out building; WHEREAS, the property which is located at 810 21" Street,Part of Lots 6 and 7 in Block 42 of the Maxfield 3`d East Addition, within the City of Batesville, Arkansas, more particularly described in the warranty deed attached hereto and incorporated herein as Exhibit "A". Said property being owned by Steve Bryant constitutes a hazard and nuisance for the reasons set out above. NOW BE IT RESOLVED that the owner of said property was notified twenty(20) days prior to the public hearing as provided in Section 11.36.03 and 11.36.04 of the Batesville Municipal Code. BE IT FURTHER RESOLVED that if the building and or structure constituting a nuisance has not been torn down and removed or said nuisance otherwise abated within thirty(30) days after posting the true copy of the resolution at a conspicuous place on said house, building and or structure constituting the nuisance, it will be torn down and or removed by the Code Enforcement Officer or his duly designated representative at the discretion of the City Council as provided in Section 11.36.05 of the Batesville Municipal Code. IT IS SO RESOLVED, this Twenty Eighth day of September 2004. J2�— 40;orz ONORABLE JOE BIARD MAYOR ATTEST: DENISE JOHNS N BATESVILLE MUNICIPAL CLERK WARRANTY DEED (With Relinquishment of bower&Curtesy) Know All Men By These Presents: ✓ That Cliva Marlin & Gerald Marlin, her husband- and ub nd;and Roger Duren & Freida Duren _ his wife for and in consideration of the sum of One and no/100ths ($1.00) and other valuable consid .ration----------------------------------=TrDllars to us in hand aid b Steve Bryant, Jr. & Sharon 1. Bryant, his wife, the receipt whereof is hereby acknowledged,do hereby grant,bargain,sell and convey unto the said Steve Bryant, Jr. & Sharon G. Bryant, his wife, and unto thP s heirs and assigns forever,the following lands lying in the County of _ Independence and the State of Arkansas, to wit: Lots Six (6) and Seven (7) in Block Forty-two (42) Maxfield's Third Eastern Addition to the City of Batesville, described by metes and bounds as follows: Beginning at the intersection of Neeley Street with 27.st Street, on the South Line of Neeley Street, and on the West Line of 21st Street; thence continue West along the South Line of Neeley Street a distance of 75 feet to a Point; thence South, and parallel with 21st Street, a distance of 40 feet; thence East, and parallel with Neeley Street a distance of 75 feet; thence North along the West Line of 21st Street, a distance of 40 feet to the Beginning Point of this Conveyance Tract. t .. (I, Cliva Marlin, am the daughter of Nova Duren, a deceased daughter of Oscar Miller, deceased, and as such am a grand- daughter and heir at law of the said Oscar Miller) . (I, Roger Duren, am the son of Nova Duren, a deceased daughter of Oscar Miller, deceased, and as such I am a grandson and heir at .l.hw of the said Oscar Miller) . I CERITIFY UNDER PENALTY OF FALSE SWEARING THAT AT LEAST THE LEGALLY CORRECT A1.1nINT OF DOCUMENTARY SIAMPS H V BEEN PLACED Oa iH!S IN TRUMENT. G^a"Tq_.. --�--- ---- To have and to hold the same unto the s2ld ''^' Ve Bryan��Sharon G. Bryant•• his wife, and urtrbeir heirs and assignoi,forever, with all appurtenances thereto belonging. And we hereby covenant with said Steve Bryant, Jr. & Sharon 0-grvant, his wife, that We will forever warrant and defend 111 the title to the said lands against all lawful claims whatever. And Cliva Marlin & Gerald Marlin$ her husband. and Yytip, Roger Duren & Freida Duren his wi�e, for and in consideration of the said sum.of money,ao hereby re ease and relinquish unto the said grantees all our rights of dower,curtesy and hofttestead in and to said lands. Wim s, ur hand atad seals on this�L(� day of N!&- ' 19 87 7yLA/Y ea i _ (Seal), - C er ure _ (Seal). u-1, 9atag Gerald Marlin Freida Duren ACKNOWLEDGMENT STATE OF ARKANSAS Pulaski ;•ss County of ) BE IT REMEMBERED,That on this day came before me,the undersigned,a Notary Public within and for the county aforesaid,duly commissioned and acting Cliva Marlin & Gerald Marlin, her husband, and Roger Duren and Freida Duren, his wife, to me well known as the grantor s in the foregoing deed,and stated that they had executed the same for the consideration and purpose mentioned and set forth. WX Witness my hand and seal as such Notary Public on this day of , 19 87 11y�, No6try Public *N" �; My commission expires p.t �4�Y 191tt� J; v`, CERTIFICATE OF RECORD ?:,;••.��' /�j: STATE OF ARKANSAS ) :':,s!� ,i'.., .•'`o� '+ Independence County of ) 11 Rnn wehh Clerk of the Circuit Court and Ex-Officio Recorder within and for the County aforesaid,do hereby certify that the annexed and foregoing instrument of writing was filed for record in my office this 22nd day of Septembe]A.D., 19-83--at 3*0 'clock--F-M.,and the same is now duly recorded,with the acknowledgment and certificates thereon,in Record Book X-i 3 Page SAJ-SA2 of Deeds. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said Court at my office in the City of Batesville Arkansas this 22nd day of c;Ppf-PmhnX: 119 A7 D-n W- =fficio Rec der to"A"T^,,,-1+' By D.C. o U 's7 w w a r o a ° ! az iz A m w a