Fill and Sign the Complaint to Vacate and or Alter a Recorded Plat and for Other Relief Mississippi 497314778 Form

IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI       , PLAINTIFFS VS. NO.             , DEFENDANT COMPLAINT TO VACATE AND/OR ALTER A RECORDED PLAT AND FOR OTHER RELIEF COME NOW the plaintiffs,       and       , and bring this Complaint to vacate and/or alter a recorded plat and for other relief and would respectfully show unto the Court the following facts: 1. The plaintiff,       , is an adult resident citizen of       County, Mississippi. 2. The plaintiff,       , is a Mississippi corporation, whose principal place of business is in       County, Mississippi. 3. Defendants are those named persons and/or entities shown on Exhibit "       " attached hereto that may be adversely affected or directly interested in these proceedings. 4.       is a duly mapped and platted subdivision recorded in Plat Book       at page       in the Chancery Clerk’s office of       County, Mississippi. A true and correct copy of said plat is attached hereto as Exhibit "       ". Protective Covenants on said subdivision are dated             ,       , and filed on             ,       , and recorded in Book       at page       in the Chancery Clerk’s office of       County, Mississippi. A true and correct copy of said covenants is attached hereto as Exhibit "       " 5. Plaintiff       is the fee owner of Lots       in       . Plaintiff       has contracted with Plaintiff       to purchase the lots described above and therefore has an interest in these proceedings. 6. Pursuant to Miss. Code Ann Section 19 - 27 - 31, the plaintiffs desire to vacate and/or alter that part of the recorded map or plat of       which is more particularly described in the legal description and plat attached hereto as Exhibit "       " Additionally, Plaintiff       desires to include that part of the plat of       described in Exhibit "       ” hereto in a subdivision it proposes to develop adjacent to       , which would be a more beneficial part of the land. 7. Plaintiffs further desire to terminate the Protective Covenants of       insofar as they may apply to that part of the plat of       that plaintiffs desire to vacate and/or alter herein. (Exhibit "       " hereto.) 8. Upon the vacation and/or alteration of the plat of       as requested herein, the real property identified as dedicated streets in that part of the plat of       described in Exhibit "       " hereto, should be decreed as being abandoned streets and should revert, by order of the Court, to the respective abutting land owners. The streets identified as       and       as shown on the recorded map or plat have never been utilized as public streets, have never been traveled upon by the general public and have never been used as a means of ingress or egress by the City of       ,       County, or any citizens of the City or County since the map or plat was recorded in       . That no utilities have been installed or constructed to service the lots. That no improvements have ever been made to any of the land comprising the streets and lots since the map or plat was recorded in       . That due to the nonuse of       and       , said streets have been abandoned through nonuse by the City of       and by       County. 9. The landowners of the land that abuts       and       consist of the Plaintiff       , Defendants       and       and Defendant       of       , Mississippi. Each of said defendants have conveyed their respective interest in the right - of - way of said streets to the Plaintiff       herein by Quitclaim Deed. Therefore, all of the real property identified as dedicated streets in that part of       described in Exhibit "       “ attached hereto, should be decreed as being abandoned streets and all of said property should revert, by order of the Court, to Plaintiff       , the only abutting landowner. 10. The plaintiffs further name as interested parties herein any and all persons who own or claim any right, title or interest in or to that part of the plat of       that the plaintiffs desire to vacate and/or alter, said persons’ identities, places of residence and addresses being unknown to the plaintiffs after diligent search and inquiry. WHEREFORE, the plaintiffs respectfully request the following relief: a. That all of the foregoing persons and entities adversely affected by, or interested in, the vacation and/or alteration of the plat of       as requested herein, together with all other interested parties who own or claim any right, title or interest in or to that part of the plat of       that the plaintiffs desire to vacate and/or alter, be summoned as provided by law to be and appear at a hearing to be set on a date certain by the Court on this petition. b. That the plat of       be vacated and/or altered so that the real property described in Exhibit "       " attached hereto be removed or otherwise stricken from the plat of       . c. That the Protective Covenants of       be terminated as to that part of       described in Exhibit "       “ attached hereto. d. That the Court decree and order that the real property identified as dedicated streets in that part of the plat of Crest Park subdivision described in Exhibit "       ” hereto to be abandoned streets and that all of said real property should revert to the respective abutting land owner, Plaintiff       . e. Plaintiffs request such other and further relief and order in the premises as may be deemed just and proper. Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       CERTIFICATE OF SERVICE I,       do hereby certify that I have this day mailed by United States first class mail, postage pre-paid, a true and correct copy of the above and foregoing document to the Plaintiff's/Defendant's counsel of record: Dated this       day of       , 2       . _______________________________________