RESOLUTION NO. 837 OF 2013
RESOLUTION NO. 837 OF 2013
RESOLUTION REVOKING THE DEDICATION OF A PORTION OF BELCARA DRIVE IN THE CITY OF RUSTON, LOUISIANA
WHEREAS, by act of dedication dated February 13, 1976, of record in Conveyance Book 194, Page 377, of the records of Lincoln Parish, Louisiana, the following described property was dedicated to the public for use as a street (the “Street”) which Street formed a part of Belcara Drive in the City of Ruston: A strip of land fifty (50) feet wide from east to west described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of Section 12, Township 18 North, Range 3 West, Lincoln Parish, Louisiana, run East for 726.0 feet; thence South 630.0 feet; thence East 210.0 feet; thence run South 402.0 feet to the point of beginning. From the point of beginning run S0106'W for 175.84 feet; thence run West for 50.0 feet; thence run N0106'E for 175.84 feet; thence run East for 50.0 feet to the point of beginning. WHEREAS, the Street was never opened and used as a street; and, WHEREAS, the Street is located north of the paved segment of Belcara Drive, as shown on the plat attached as Exhibit A; and, WHEREAS, it is in the best interest of the City that a cul-de-sac extension be constructed within a portion of the Street at the location shown on attached Exhibit A; WHEREAS, the current owner of the property encompassing and contiguous to the Street is Mark O. Graham, et ux (“Graham”); and, WHEREAS, Graham has petitioned the City to revoke the existing dedication, of the Street and has agreed, in the event the existing dedication is revoked, to concurrently execute a new dedication, in a document acceptable to the City, of the land located within the cul-de-sac as shown on Exhibit A for use as a public street, a portion of which is located within the Street; and,
WHEREAS, LSA-R.S. 48:701 provides, in part, that municipal corporations of the State may revoke and set aside the dedication of all roads, streets and alleyways laid out and dedicated to the public use within their respective limits, when the roads, streets or alleyways have been abandoned or are no longer needed for public purposes; and, WHEREAS, the Street was never opened and used as a street, is no longer needed for public purposes, and the City desires that the dedication thereof be revoked, set aside and abandoned, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
§1. The Street is no longer needed for public purposes and the dedication thereof is revoked, set aside and abandoned.
§2. The ownership of the land covered by the Street shall revert to the present owners of the land contiguous thereto in accordance with law.
§3. The City agrees to accept the new dedication of the land within the cul-de-sac as shown on Exhibit A for use as a public street.
§4. This Resolution shall become effective upon final adoption and signature of the Mayor.
This Resolution after having been read and considered by a quorum of the Board of Aldermen, on motion to adopt by Alderman Jedd Lewis, and seconded by Alderman Jim Pearce, a record vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
ALDERWOMAN MARIE S. RIGGS
WHEREUPON, the presiding officer declared the above Resolution duly adopted in full on this the 1st day of April, 2013.
EMMETT GIBBS, CLERK DAN HOLLINGSWORTH, MAYOR
1td: April 5, 2013