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Home My WebLink About2007-12-01-R RESOLUTION NO. 020 A RESOLUTION FIXING A DAY FOR A PUBLIC HEARING ON THE PETITION OF FLOWERS BAKING COMPANY OF BATESVILLE, LLC TO CLOSE AND VACATE PART OF 14TH STREET ABUTTING LOTS 7 AND 8 OF BLOCK 74, MAXFIELD'S THIRD EASTERN ADDITTION TO THE CITY OF BATESVILLE, ARKANSAS, AND PART OF LOTS 1 AND 14 OF BLOCK 73, MAXFIELD'S 3RD EASTERN ADDITION TO THE CITY OF BATESVILLE,ARKANSAS, DIRECTING THE CITY CLERK TO GIVE PUBLIC NOTICE OF SAID MEETING BY PUBLICATION AND FOR OTHER PURPOSES. WHEREAS, Flowers Baking Company of Batesville,LLC have filed petition to close and vacate that part of 14`h Street abutting Lots?and 8 of Block 74,Maxfield's Third Eastern Addition and Lots I and 14 of Block 73, Maxfields Third Eastern Addition to the City of Batesville,Arkansas;and WHERAS, a public hearing must be had upon said petition as required by law;therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS: 1. That the City Council shall hold a public hearing upon the petition of Flowers Baking Co. LLC to close and vacate the above-described portion of 14`x' Street, said hearing to be held on Tuesday,January 8,2008, at 5:30 P.M. at City Hall in the City of Batesville,Arkansas. 2. That the City Clerk is hereby directed to give notice of such meeting by publication once a week for 2 consecutive weeks in the Batesville Daily Guard,a newspaper published in Independence County and having a general circulation in the City of Batesville. ADOPTED this Eleventh Day of December 2007. APPROVED: DENISE JOHNSTO ,CLERK RICK E LeMAUGH,MAYOR CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. ATTORNEYS AT LAW LITTLE ROCK/FORT SMITH/FAYETTEVILLE , www.ctwfl.com J.Bruce Cross 5401 Rogers Avenue Russell Gunter(') Suite 200 David B.Vandergrifft"" 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:bshipley0',cZw1!.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, GUNT R, ITHERSPOON & GALCHUS, P.C. Ben Shipley BHS/km December 6, 2007 Page 2 cc: Dan Bader, Flowers Randy Layman, Flowers 4 BATESVILLE CITY BOARD OF DIRECTORS PETITION TO VACATE AND CLOSE A PORTION OF 14th 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. ollows: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 3rd 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 Y2 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 14th 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: �24� - Ben Shipley, Attor ey for lowers Bakery Ark. Bar Number: 80130 3 drbb121119 FBC OF BATESVILLE PAGE 01 I + � ir ID Q• ., \ .tel � %:�' - i 1_. !' _ _ _ _ { •� ,' �^_ � `.\. moi.,:� , • t mac. I • ty - . ' r- ` - 1 C 777 f r- I 1 1 rse►rN ff rrwcct 1. 1 F n..ar�erA �♦' h y • -N ..A ♦, 1 A �� • •` ` . . 1 is _ I d 1T��7 08/17/2007 06: 28 6706121119 FBC OF BATESVILLE PAGE 02 - 11/14/07 WED 14c47 FAX 470 783 6880 Cross Gunter Witherepoon 1�IU08 To Wham It May Concern: My name Is Louis K. Canada. I am the only abutting property owner to the proposed closure of 10' Street located between Broad Street and Bates Street. My home is located on Lot 1 of Block 73, Maxflelds Third Addition to the City of BetesvHle. have absolutely no objection to the City closing and vacating 14t Strut between Broad Street and Bates Street, Sincerely, Louis K, Canada Celled: EXHIBIT Ir D El 08,.'1,'/2007 06: 28 8706121119 FEC OF BATESVILLE PAGE 03 I1/14/Ql WD 14:48 FAX 470 783 8283 cross Gunter w1rheropoon (BOOB • To Whom It May Concern: I am familiar with that Bart of 10 Street located between Broad Street and Bates Street In Batesville, Arkansas. To my knowledge this street is seldomty used by the public and any traffic Owt it does bear can early be handled by the remaining streets in that area end no area would be non-essessable if this part of 14`" Street Is vacated and closed, Also, closure would reduce the number of intersections and thereby rasult In potentially fewer accidents. This part of 140 Street Is not a part of any emergency plan and Is not oommonly used by officers responding to emergencies. If there should be an enie%ency In this area, emergency units would have easy access to those areas wie o A Increased travel or loss of time if this part of 14t"' Street was closed. Sincerely, Av�illbbb, Sheriff NOW Dated: EXHIBIT � c 'D 9 08/1712007 06: 28 0706121119 FEC OF EATES-)ILLE PAGE 05 1033 F.M.S. Drive Batesville,AR 72501 /� L LINK 870-793-3351 VIT1{�1Fax 670.-793-3159 WWw.Vjta1LinkEM$-ora 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 141` Street Is not a part of any emergency plan and Is not commonly used by Independence County EMS in responding to ernergencles. In the pest 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 Live Director In ependence Cou EMS Dated: 70 7 EXHIBIT it 'v 9 08/17/2007 06: 20 8706121119 FBC OF BATESVILLE PAGE 04 ii/14107 WED 14:47 FA,T 079 783 6293 Cross Gunter Witherspoon 1�VVD To Whom It May Cone ?he proposed closing of 14'' Streat for one (n)) btraic n� en that a®aaof Street and Bates Street will not affect any fire emerge cY the city, therefore the fire department hes not objection to the closing. Sincerely. re Chief Dated: • • EXHIBIT a 08/1912007 04: 59 8706121119 FBC OF BATESVILLE PAGE 02 11/14,,'07 WED 14:47 FAX 4T9 78J 8215 Cross Gunter With�arepoon Q003 To Whom It May Concern: I am familiar with that part of 140 Street located between Broad Street and Bates Street. As Street Superintendent, I am aware of the traffic flow In that part of the city and know that part of 14"' Street Is not a common route of trayel.. Traffic now would not be affected in any way that would be detrimental to t the City if this section were dosed. Bates Street, Broad Street, and other streets in the area can carry the traftic voium® through this area without any problem, The vacation and closing of this one block would save the city money in maintenance and repair casts. Sincerely, Street Superintendent • Duted: EXHIBIT D D IN117F2007 06:26 6706121119 FEC OF BATESVILLE PAGE 02 11/14/07 WED 14:47 FAX 470 789 6280 Crone Gunter Witherspoon Z002 To Whom It May Concem: 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, Maxflelds Third Addition to the City of Betesvnle. I have absolutely no objection to the City closing and vacating 14'�' Street between Broad Street and Bates Street, Sincerely, Louis K. Canada j Dated: ;�� ` �,?lJ EXHIBIT 08/17/2007 06: 28 8706121119 FEC OF BATESVILLE PAGE 03 11i14/07 WD 14:48 FAX 4T9 783 8283 Cross Gunter wltherspoon Q006 • To Whom It May COncem: I am familiar with that part of 10 Street located between Broad Street and Bates Street In Batesville, Arkansas. To my knowledge this street is seidomty used by Ifie public and any traffic D#wt it does bear can easily be handled by the remaining streets in that area and no area would be non-essessable 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 14"' Street Is not a part of any emergency plan and Is not commonly used by officers responding to emergencies. If there should be an erns Mency 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, Nebo, Sheriff oeted: ;2 EXHIBIT d D D 9 e 0E/17/?00 05: ?E EO61'�1119 FEC OF B-TES'�JILLE P""GE 05 �r 1033 E.M.S. Drivc VITAL LINK 6accsville,AR 72501 f 870-793-3351 Fax 870-793-3159 www.yira1Li kEMS oru To Wham It May Concern: I em familiar with that part of 14' Street lying between Broad Street and Bates Streats In Batesville, Arkansas, Upon the request of Randy layman with Flowers Bakery, I personally went to that part Cular area to see what problem closure of that portion of the street might cause, This part of 1401 Street is not a part of any emergency plan and Is not commonly used by Independence County EMS in responding to ernergencles. In the pest 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 nelghborhooa without any undue inconvenlance or loss of time if the street was closed. Sincerely, X9 �C E tive Director In ependence Corin; EMS Dated: 1W EXHIBIT 19 r OE/1^;''� I 06: 2E E?061�1119 FEC OF EATES'vILLE PAGE 04 11/14/07 WED 14:47 FAd 479 783 9295 Cross Gunter Wlrherspoon Wvvo • To Whom It May ConceM: The proposed closing of 140' Street for one (1) block between Broad Street and Bates Streetwi ll $ affect t any fire bi��-{ion to theergancY closing. olc In sing that area of the city, therefore the f p Sincerely. reChief Dated. > - EXHIBIT w 118/19/2007 04:59 8706121119 FBC OF BATESVILLE PAGE 02 11/14:07 WED 14;47 FAX 479 795 8215 Cross Gunter W1thgr9poon ®003 (W To Whom It May Concern: I am familiar with that part of 140 Street located between Broad Street and Bates Street. As Street Superintendent, I am aware of the traffic flow In that part of the city and know that part Cf 14°i Street Is not a common route of travel,. Traffic now would not be affected in any way that would be detrimental to the City if this sectlon were dosed. Bates Street, Broad Street, and other streets in the area can cant' the traffic 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: -7 EXHIBIT