HomeMy WebLinkAbout2010-07-02 ORDINANCE NO. O/ -7-
AN ORDINANCE BEFORE THE CITY COUNCIL
OF THE CITY OF BATESVILLE, ARKANSAS
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF BATESVILLE, ARKANSAS AND MAKING SAME A PART OF THE
CITY OF BATESVILLE, ARKANSAS, AND ASSIGNING SAME TO WARDS
WHEREAS, A Petition was filed with the Court of Independence
County, Arkansas, by the majority of the real estate owners of the
hereinafter described territory praying that said territory be annexed to,
and made a part of the City of Batesville, Arkansas; and
WHEREAS, on the 1s` day of June, 2010, the County Court
of Independence County, Arkansas, found that the Petition was signed by
all of the real estate owners in said territory; that said territory was
contiguous and adjoining the present corporate limits of the City of
Batesville, Arkansas; that an accurate plat or map of said territory had
been filed with and made a part of said petition; that proper notice had
been given for the time and in the manner prescribed by law, and that all
things pertaining thereto had been done in the manner prescribed by law,
and that said land and territory should be annexed to and made a part of
the City of Batesville, Arkansas, subject to the acceptance of same by the
City Council of said City at the proper time, as provided by law; and
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WHEREAS, the time fixed by law for appealing from said Order of
Annexation made by the County Court has expired and no appeal has been
taken from said Order.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS:
SECTION 1. That the following described land and territory
contiguous and adjoining the City of Batesville, Arkansas, be and the same
is hereby accepted as part of and annexed to and made a part of the City
of Batesville, Arkansas.
See Attached Exhibit "A" which is a true and correct
description of the property being annexed.
SECTION 2: That the above described territory shall be annexed to
the City of Batesville, and each separately described piece of real
property attached as Exhibit A shall be made a part of the said Ward
as fully as existing parts of said Ward, as described below:
TRACT I: [LOCO BUILDING, LLC PROPERTY] WARD 2
TRACT II: [JERRY HAYES; WHITE RIVER PETROLEUM , INC.; JERRY
TOWNSLEY ft CONNIE TOWNSLEY PROPERTIES] WARD 2
TRACT III: [NICHOLAS F. SLOAN ft BETHANY A. SLOAN PROPERTY] WARD 3
TRACT IV: [CHARLES BARNETT, TRUSTEE PROPERTY] WARD 4
TRACT V: [STATE OF ARKANSAS, DEPARTMENT OF HUMAN SERVICES PROPERTY]
WARD 2
TRACT VI: [PRESTON W. GRACE, III, CHARLOTTE LOUISE GRACE, JOHN ROBERT
GRACE, MOLLIE BETH GRACE SMITH, CHRISTOPHER BRIAN GRACE AND GEOFFREY
PHILIP GRACE] WARD 2
EMERGENCY CLAUSE: Where as it is necessary to effect
the public peace, health, safety and welfare and the orderly
administration of the City an emergency is hereby declared to exist and
this Ordinance shall be effective from and after the date of its passage.
PASSED AND APPROVED this e i day of , 2010.
Rick E g , Mayor
ATTEST:
BY: 4 , _j-t')-'
City Clerk
EXHIBIT "A"
TRACT I: [LOCO BUILDING, LLC PROPERTY]
A tract of land, being part of the Southeast Quarter of Section 3 in Township 13
North, Range 6 West of the Fifth Principal Meridian in Independence County,
Arkansas, more particularly described as follows:
Beginning at the intersection of the North right-of-way line of Arkansas
Highway 25 (also known as White Drive) and the East right-of-way line of
Arkansas Highway 233 and/or 394 (formerly U. S. Highway 167), said point
being fifty feet North and eighteen feet East of the Southwest corner of said
Southeast Quarter of Section 3; thence North 01 degree 21 minutes East along
said East right-of-way line of Highway 233/394, a distance of 401 .4 feet; thence
Northeasterly along said right-of-way line on a curve to the right having a
1,085.91 foot radius, and a central angle of 34 degrees 19 minutes, a distance of
650.37 feet; thence North 35 degrees 40 minutes East along said right-of-way
line a distance of 20 feet to the point of beginning; thence North 35 degrees 40
minutes East along said right-of-way line 210.0 feet, more or less, to the South
right-of-way line of Old Dethrow Road; thence North 89 degrees 58 minutes 20
second East along said South right-of-way line 210.0 feet; thence South 35
degrees 40 minutes West 210.0 feet; thence South 89 degrees 58 minutes 20
seconds West to the point of beginning.
TRACT II: [JERRY HAYES; WHITE RIVER PETROLEUM , INC.; JERRY
TOWNSLEY I* CONNIE TOWNSLEY PROPERTIES]
A tract of land in the Northeast, Southeast and Northwest Quarters of Section 10,
Township 13 North, Range 6 West of the Fifth Principal Meridian in Independence
County, Arkansas, more particularly described as follows:
Commencing at the Northwest corner of the Northwest Quarter of the Northeast
Quarter of said Section 10; thence South 87 degrees 39 minutes 56 seconds East,
a distance of 18.62 feet; thence South 03 degrees 18 minutes 47 seconds West,
a distance of 50.01 feet to the intersection of the East right-of-way line of East
Main Street (the same being State Highway 233/394) and the South right-of-way
line of White Drive (the same being State Highway 25), being the point of
beginning; thence South 87 degrees 39 minutes 56 seconds East, a distance of
1,856.67 feet along the South right-of-way line of said White Drive to a point
where said South right-of-way line intersects the centerline of Pfeiffer Creek;
thence along the meanders of said Pfeiffer Creek the following:
South 23 degrees 39 minutes 26 seconds West, a distance of 296.63 feet; South
46 degrees 48 minutes 07 seconds West, a distance of 284.02 feet; South 20
degrees 02 minutes 59 seconds West, a distance of 221.9 feet; South 56 degrees
24 minutes 11 seconds West, a distance of 213.43 feet; South 25 degrees 30
minutes 47 seconds West, a distance of 263.11 feet; South 34 degrees 19
minutes 06 seconds West, a distance of 252.32 feet; South 13 degrees 27
minutes 55 seconds East, a distance of 236.06 feet; South 35 degrees 54 minutes
15 seconds West, a distance of 363.87 feet; South 49 degrees 50 minutes 00
seconds East, a distance of 209.8 feet; South 14 degrees 07 minutes 39 seconds
West, a distance of315.04 feet; South 13 degrees 52 minutes 09 seconds West, a
distance of 211.3 feet; South 51 degrees 21 minutes 51 seconds West, a distance
of 298.02 feet; South 22 degrees 27 minutes 10 seconds West, a distance of
313.92 feet to the centerline of Miller Creek Road; thence South 74 degrees 07
minutes 10 seconds West along said centerline of Miller Creek Road a distance of
311.86 feet; thence South 76 degrees 33 minutes 25 seconds West, along said
centerline of Miller Creek Road a distance of 428.87 feet to the West line of the
East half of said Section 10; thence North 02 degrees 49 minutes 52 seconds
East, along said West line a distance of 1,852.07 feet to the East right-of-way
line of said Main Street; thence along said East right-of-way line of Main Street
and along a curve to the left, said curve having a radius of 1,482.4 feet, a long
chord bearing of North 06 degrees 09 minutes 08 seconds East, a long chord
distance of 146.86 feet; thence North 03 degrees 18 minutes 47 seconds East,
along said East right-of-way a distance of 875.78 feet, more or less; thence North
88 degrees 21 minutes 13 seconds West, a distance of 117.79 feet, more or less,
to the West right-of-way line of Main Street and the Southeast corner of property
owned by Jerry and Connie Townsley as described in Deed Book 2007, page
4541; thence along the South property line of said Townsley property North 88
degrees 21 minutes 13 seconds West a distance of 208.56 feet; thence North 01
degrees 36 minutes 33 seconds West, a distance of 299.34 feet to the South
right-of-way line of White Drive; thence along said right-of-way line the
following: South 88 degrees 50 minutes 37 seconds East, a distance of 41.20
feet; South 00 degrees 52 minutes 44 seconds West, a distance of5.00 feet;
South 89 degrees 07 minutes 16 seconds East, a distance of 170.09 feet; thence
South 89 degrees 07 minutes 16 seconds East, a distance of 123.93 feet, more
or less; thence South 03 degrees 18 minutes 47 seconds West, a distance of
22.69 feet, more or less, to the point of beginning.
TRACT III: [NICHOLAS F. SLOAN Et BETHANY A. SLOAN PROPERTY]
A tract of land in the Northwest Quarter of the Northeast Quarter of Section 8,
Township 13 North, Range 6 West of the Fifth Principal Meridian in Independence
County, Arkansas, more particularly described as follows:
Commencing at the Southwest corner of the said NW1/4 of the; NE1/4 and run
North on the West line of said NW1/4 of the NE1/4 a distance fo 210 feet;
thence East a distance of 100 feet to the point of beginning; thence continue
East a distance of 425 feet; thence South 150 feet; thence West 425 feet; thence
North 150 feet to the point of beginning.
LESS AND EXCEPT:
Commencing at a point 155 yards and 2 feet East of the Southwest corner
of said NW1/4 of the NE1/4; thence North 155 yards and 2 feet; thence
East 62 yards; thence South 155 yards and 2 feet; thence West 62 yards to
the point of beginning.
LESS AND EXCEPT:
Commencing at the Northwest corner of said NW1/4 of the NE 1/4; thence
South 02 degrees 25 minutes 26 seconds West, along the West line of said
NWI/4 of the NEI/4 a distance of 1,125.62 feet to the point of beginning;
thence South 87 degrees 28 minutes 13 seconds East, a distance of
113.62 feet; thence South 00 degrees 08 minutes 00 seconds East, a
distance of 152.64 feet to the North right-of-way line of White Drive;
thence along said North right-of-way line the following:
North 79 degrees 20 minutes 42 seconds West, a distance of93.23 feet,
North 85 degrees 03 minutes 20 seconds West, a distance of 28.19 feet to
the West line of said NW1/4 of the NE1/4; thence North 02 degrees 25
minutes 26 seconds East, a distance of138.11 feet to the point of
beginning.
LESS AND EXCEPT:
Commencing at the Northwest corner of said NW1/4 of the NE1/4; thence
South 02 degrees 25 minutes 26 seconds West, along the West line of said
NW1/4 of the NE1/4, a distance of 1,125.62 feet; thence South 87 degrees
28 minutes 13 seconds East, a distance of 113.62 feet to the point of
beginning; thence South 00 degrees 08 minutes 00 seconds East, a
distance of 152.64 feet to the North right-of-way line of White Drive;
thence along said North right-of-way in an Easterly direction, a distance of
153.38 feet to a point; thence North 150 feet; thence West 153.38 feet to
the point of beginning.
TRACT IV: [CHARLES BARNETT, TRUSTEE PROPERTY]
A part of Section 10, Township 13 North, Range 6 Westin Independence County,
Arkansas described thus:
Using the iron pipe at the SE corner of the NE1/4 of the SW1/4 of Section 10,
Township 13 North Range 6 West as a point of beginning, go North (along the
County Road crossing the Miller Creek Concrete Bridge) to the Highway 233
right-of-way„ thence SW along said Highway 233 right-of-way to Junction with
Miller Creek Road, thence East to the point of beginning.
TRACT V: [STATE OF ARKANSAS, DEPARTMENT OF HUMAN SERVICES PROPERTY]
A tract of land being a part of the SE1/4 SW1/4 of Section 4, Township 13 North,
Range 6 West, Independence County, Arkansas, more particularly described as
follows: Commencing at the Southeast corner of the SW1/4 of said Section 4;
thence South 86 degrees 18 minutes 45 seconds West along the South line of
said Southwest Quarter 45.13 feet; thence North 03 degrees 57 minutes 16
seconds West 50.77 feet to the intersection of the North right of way line of
White Drive and the West right of way line of Grand Drive and the Point of
Beginning; thence South 85 degrees 51 minutes 13 seconds West along said
North right of way line of White Drive, 466.70 feet; thence North 03 degrees
57 minutes 16 seconds West 466.70 feet, thence North 85 degrees 51 minutes
13 seconds East 466.70 feet to the west right of way of Grand Drive; thence
South 03 degrees 57 minutes 16 seconds East along said West right of way line,
466.70 feet to the Point of Beginning. The tract contains 5.00 acres, more or
less.
TRACT VI: [PRESTON W. GRACE, III, CHARLOTTE LOUISE GRACE, JOHN ROBERT
GRACE, MOLLIE BETH GRACE SMITH, CHRISTOPHER BRIAN GRACE AND GEOFFREY
PHILIP GRACE]
SE1/4 of the SW1/4 of Section 4, Township 13 North, Range 6 West.
LESS AND EXCEPT:
A tract of land being a part of the SE1/4 SW1/4 of Section 4, Township 13
North, Range 6 West, Independence County, Arkansas, more particularly
described as follows: Commencing at the Southeast corner of the SW1/4 of
said Section 4; thence South 86 degrees 18 minutes 45 seconds West along
the South line of said Southwest Quarter 45.13 feet; thence North 03
degrees 57 minutes 16 seconds West 50.77 feet to the intersection of the
North right of way line of White Drive and the West right of way line of
Grand Drive and the Point of Beginning; thence South 85 degrees 51
minutes 13 seconds West along said North right of way line of White Drive,
466.70 feet; thence North 03 degrees 57 minutes 16 seconds West 466.70
feet, thence North 85 degrees 51 minutes 13 seconds East 466.70 feet to
the west right of way of Grand Drive; thence South 03 degrees 57 minutes
16 seconds East along said West right of way line, 466.70 feet to the Point
of Beginning. The tract contains 5.00 acres, more or less.
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TRACT 4
01/28/10 10:54 FAX 8707905222 WRD ENTERTAINMENT INC. 0002
TH IS INSTRUMENT PREPA RED BY: _
Robert U.Stroud
Aaorncy at Law
P.0.ane 2135
Hslcsvillt,AR 72503
(y70)793-8350
WARRANTY DEED
KNOW ALL BY THESE PRESENTS:
THAT PRESTON W. GRACE, III, CHARLOTTE LOUISE GRACE,
JOHN ROBERT GRACE, MOLLIE BETH GRACE SMITH, CHRISTOPHER
BRIAN GRACE and GEOFFREY PHILIP GRACE, for and in consideration of the
sum of TEN &NO/100 DOLLARS ($10,00) and other good and valuable consideration,
to us in hand paid by ARKANSAS DEPARTMENT OF HUMAN SERVICES, the
receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey unto
the said ARKANSAS DEPARTMENT OF HUMAN SERVICES, and unto its
successors and assigns forever, the following lands lying in the County of Independence
and State of Arkansas, to-wit:
A tract of land being a part of the Southeast Quarter
Southwest Quarter, Section 4, Township 13 North,
Range 6 West, independence County, Arkansas, more
particularly described as follows:
Commencing at the Southeast corner of the Southwest
Quarter of said Section 4; thence South 86°18'45" West
along the South line of said Southwest Quarter, 45.13
feet; thence North 03°57'16" West, 50,77 feet to the
intersection of the North right of way line of White Drive
and the West right of way line of Grand Drive and the
_RACT 5 point of beginning; thence South 85°51'13" West along
said North right of way line of White Drive, 466.70 feet;
01/28/10 10;54 FAX 8707995222 WRD ENTERTAINMENT INC. fm 003
thence North 03'57'16" West, 466.70 feet; thence North
85°51'13" East, 466.70 feet to the West right of way line
of Grand Drive; thence South 03'57'16" East, along said
West right of way line, 466.70 feet to the point of
beginning.
This tract contains 5.00 acres, more or less, and is
subject to any and all easements,
To have and to hold the same unto the said Grantee and unto its successors
and assigns forever, with all appurtenances thereunto belonging.
And we hereby covenant with the said Grantee that we will forever
warrant and defend the title to the lands against all claims whatever.
And we, TONIA GRACE, the wife of PRESTON W. GRACE,III,
JULIE GRACE, the wife of JOHN ROBERT GRACE, KEN SMITH, the husband
of MOLLIE BETH GRACE SMITH and MELANIE McCAIN GRACE, the wife of
GEOFFREY PHILIP GRACE, for and in consideration of the said sum of moriey, do
hereby release and relinquish unto the said Grantee all our rights of dower, curtesy and
homestead in and to said lands.
WITNESS our hands and seals on this leday of December, 2009.
PRESTON W GRACE,III
TONIA GRACE
CHARLOTTE LOUIS'E GRACE
2
400 ► 4609
This instrument prepared by: Recorded in the Above
Cleed pooh 3 page
Batesville Title Services =1-1`-.?OQ4 11:31:54-- Ali
248 East Main Street Claulia Robl?s Circuit Clerk
Batesville,AR 72501 lnde-endence Country AF:
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT I, WESLEY J.KETZ,JR.,TRUSTEE FOR PRESTON W. GRACE III,
CHARLOTTE LOUISE GRACE,JOHN ROBERT GRACE,MOLLIE BETH GRACE
SMITH, CHRISTOPHER BRIAN GRACE AND GEOFFREY PHILIP GRACE,
GRANTOR, for and in consideration of the sum of One Dollar($1.00) and other good
and valuable consideration,in hand paid by PRESTON W.GRACE IN, CHARLOTTE
LOUISE GRACE,JOHN ROBERT GRACE,MOLLIE BETH GRACE SMITH,
CHRISTOPHER BRIAN GRACE AND GEOFFREY PHILIP GRACE,GRANTEES,as
tenants in common, the receipt of which is hereby acknowledged,do hereby grant,
bargain,sell and convey unto the said GRANTEES and unto their heirs and assigns
forever,the following lands, lying in Independence County,Arkansas:
ALT.MY RBST AS TRUST IN FO 1 QXDM.TD A TS•
Lots One(1),Four(4),Five(5)and Six (6)all in Block Two
(2) of Rarnsey's Addition to the City of Batesville,Arkansas.
A strip of land of uniform width,Fifty(50)feet wide,off the
West Side of Lot Two(2)of Block Two(2)of Ramsey's addition
to the City of Batesville,Arkansas, and adjacent to Lot One(I),
in Block Two(2)of Ramsey's Addition to the City of Batesville,
Arkansas, being all of said Lot 2,except a strip of land 20 feet wide
off the entire East side of said lot.
The Southeast Quarter of the Southwest Quarter of Section 4,
TRACT 6
2004 4610
Recorded in the Above
0eed EMk d Page
10-15-Q4 11:41:`% Am
Township 13 North,Range 6 West,containing 40 ac,.�''�Udia kables Circuit Clerk
_Tl�ierelien_e County. AR
To have and to hold unto the said GRANTEES and unto their heirs and assigns
forever, with all appurtenances thereunto belonging.
And I hereby covenant with the said GRANTEES that I will forever warrant
and defend the title to the said lands against all claims whatever.
WITNESS my hand and seal this 13th day of October, 2004.
CERT 1 T �p Bp NpT pE WESLEY J.KETZ,JR.,TRUSTEE
BEEN OONTHIS
Pe Yf
Pe, IL Z 03 7
caurtt:es ADDUES
MYNO ATF Independents County, AR
i certify this irstnusent aas filed or,
AMO WLEDCU NT_ 10-15-2004 11:41:58 AN
and recorded in Deed Rook
20D4 at Pages 4609 - 4610
STATE OF ARKANSAS Claudia Nobles Circuit Cler
COUNTY OF SHARP A�'Apv
On this the I NO day of October,2004,before me,a Notary
Public,personally appeared Wesley J. Ketz,Jr., Trustee,of the State of Arkansas,
County of Independence,!mown to me to be the person described in the foregoing
instrument,and acknowledged that he executed the same in the capacity therein
stated and for the proposes therein contained.
In witness whereof I hereunto set my hand and official seal,
QD
NOTARY PUHLiC