Fill and Sign the Judgment Vacating Plat in Part Removing Protective Covenants in Part and Granting Other Relief Mississippi Form

IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI       , PLAINTIFF(S) VS. NO.             DEFENDANT(S) JUDGMENT VACATING PLAT IN PART, REMOVING PROTECTIVE COVENANTS IN PART. AND GRANTING OTHER RELIEF THIS CAUSE came on to be heard on the       day of       ,       , on the complaint of the plaintiffs,       and       , to vacate a plat in part, to terminate protective covenants in part, and for other relief. The Court, having reviewed the pleadings received and considered documentary and       at the trial of this cause, finds the following, to wit: 1. The plaintiffs,       and       , brought pursuant to Miss. Code Ann. Section 19 - 27 - 31 to vacate a certain part of the plat of       . The plaintiffs also sought to terminate protective covenants and other relief. 2. Defendants in this action are the City of       , Mississippi,       County, Mississippi, persons who owned lots in       as of the date of the filing of the Complaint, and all other persons who may be adversely affected by this action. Plaintiff obtained personal service on the defendants and further caused to be published according to law in       a summons that clearly set forth the objects and purposes of the Complaint. 3. The Court has jurisdiction over the parties and the subject matter. 4.       is a duly mapped and platted subdivision recorded in Plat Book       at Page       in the Chancery Clerk's office of       County, Mississippi. The plat of       was filed and recorded with the Chancery Clerk of       County, Mississippi, on             ,       . A certified copy of the plat of       was admitted into evidence at trial as Trial Exhibit       . 5. The plaintiffs’ seek to vacate that part of the plat of       that is described on the Certificate of Survey attached to this Judgment as Exhibit “       ". The real property described on Exhibit "       “ hereto shall be hereinafter referred to as the "affected part" of       . The real property described on Exhibit “       ” hereto is the same real property identified on and admitted into evidence as Trial Exhibit       . 6. The affected part of       , which is described on Exhibit "       " hereto, consists of lots       of       , all as identified on the recorded plat of       Trial Exhibit       ) 7.       is the Special Projects Administrator for the City of       , Mississippi.       's duties include the acquisition of rights of way for streets in       , Mississippi. 8.       and       are depicted as public streets on the plat of       . (Trial Exhibit       , testimony of       ).       and       have never been developed, nor have they ever been utilized as public streets. These streets have continuously been vacant undeveloped property since the plat of       was filed and recorded on             ,       . (Testimony of       ) 9. The City of       , Mississippi, has no plans to develop       or       , nor does the City, after consultation with legal counsel, have the authority to itself develop the streets for public use. (Testimony of       ) 10. The plat of       was approved or otherwise accepted by the Board of Supervisors of       County, Mississippi, as       was not incorporated as a municipality until       . (Trial Exhibit       and testimony of       ) 11. At the time the plat of       was filed and recorded, the streets depicted therein were dedicated to       County, Mississippi, by way of common law dedication. (Trial Exhibit       and testimony of       ) 12. Upon its incorporation as a municipality in       , the City of       , Mississippi, succeeded to the rights of       County, Mississippi, with respect to       and       .       testified that he/she is not aware of any records or other information indicating that       and       were statutorily dedicated to the City of       , Mississippi. No evidence was presented to the Court that       and       were ever statutorily dedicated to the City of       , Mississippi 13. The City of       , Mississippi, acquired its rights to       by way of common law dedication, and not by statutory dedication. (Trial Exhibits       and       and testimony of       and       ) 14. The actual development of       and       for their use as public streets has become impossible of execution. The City of       , Mississippi, neither has the intention nor authority to develop       and       likewise,       , the owner of all lots adjacent to       and       , does not intend to develop the streets. (Testimony of       ) 15. The non - development and non - use of       and       as public streets has been complete and continuous for a period exceeding       years. At no time since its incorporation as a municipality in       , has the City of       , Mississippi, attempted to exercise any dominion control over       and       . (Testimony of       and       ) 16.       and       have been abandoned by the City of       , Mississippi. 17.       testified that he/she is the fee owner of the property within the affected part to       , as that property is depicted on Exhibit       . This is one and the same property as that described on Exhibit "       " hereto, and consists of lots       of       . 18.       by virtue of being the owner of the property adjacent to       and       , should become the fee owner of the property depicted as       and       on the plat of       . 19.       testified that he/she does not intend to develop the affected part of       , and that he/she has a contract to sell his/her property to       for development. (Testimony of       ) 20.       is not aware of any objections to the relief sought in the Complaint from the mayor, Board of Aldermen, or citizens of       , Mississippi. (Testimony of       ). 21.       is the owner of       , one of the plaintiffs herein.       testified that he/she has been a homebuilder and residential developer since       . In that time,       has built over             has also developed       and       , both of which are subdivisions in the City of       , Mississippi. (Testimony of       ). 22.       desires to develop a subdivision to be known as       adjacent to       .       further desires to incorporate the affected part of       into its       subdivision. The preliminary plat of       has been approved by the City of       , Mississippi, which plat was admitted into evidence at trial as Trial Exhibit       . (Testimony of       ). 23. The protective covenants of       were recorded in the land records of the Chancery Clerk of       County, Mississippi, on             ,       . A certified copy of the       protective covenants was admitted into evidence as Exhibit       . 24. The       protective covenants state that any dwelling built in the subdivision shall not have less than       square feet and shall not cost less than $       . 25. The       protective covenants do not contain sufficient square footage or land use restrictions to protect property values in       or in       . Because of the inadequate restrictions contained in the       protective covenants, it is not economically feasible to develop the affected part of       . (Testimony of       ) 26. The inclusion of the affected part of       into the proposed       subdivision will enhance the property values in       . It will further enhance the safety of the residents of       , insofar as the       development will add an additional ingress and egress route for       . (Testimony of       ). 27.       has met with the Board of Directors of the       Homeowners Association, the membership of the       Homeowners Association, and with most of the property owners in       . None of these entities or persons have stated or otherwise indicated any opposition to either the       development or the relief sought in the Complaint. (Testimony of       ). 28. The       protective covenants should be terminated as to the affected part of       . 29. The       of       , Mississippi,       , and the City of       , Mississippi, have each filed an answer. None of these entities have objected to the relief sought in the Complaint. None of the other defendants in this action have filed an answer, nor did any defendant other than the City of       , Mississippi, appear at the trial of this cause IT IS, THEREFORE, ORDERED AND ADJUDGED that the plat of       is hereby vacated as to that part of       described in Exhibit "       ” hereto, which consists of lots       of       , and that said part of       is hereby vacated and removed from the plat of       . IT IS FURTHER ORDERED AND ADJUDGED that the Protective Covenants of       are hereby terminated as to that part of       described in Exhibit “       “ hereto, which consists of lots       of       . IT IS FURTHER ORDERED AND ADJUDGED that the property identified as streets in that part of the plat of       described in Exhibit "       " hereto (       ) are hereby decreed to be abandoned streets. IT IS FURTHER ORDERED AND ADJUDGED that the real property decreed to be abandoned streets (       ) by this Judgment is hereby decreed to be the real property in fee of the abutting land owner,       . IT IS FURTHER ORDERED AND ADJUDGED that pursuant to Miss. Code Ann. § 19 - 27 - 31, this Judgment shall be recorded as a deed, and a memorandum of the vacation of that part of       described in Exhibit "       " hereto, which consists of lots       of       , shall be noted on the record of the plat of       by the Chancery Clerk of       County, Mississippi. IT IS FURTHER ORDERED AND ADJUDGED that a memorandum of the termination of the Protective Covenants as to that part of       described in Exhibit "       “ hereto, which consists of lots       of       , shall be noted on the Protective Covenants of       by the Chancery Clerk of       County, Mississippi SO ORDERED AND ADJUDGED, this the       day of       ,       . ___________________________________ CHANCELLOR