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HomeMy WebLinkAbout1996-09-01 ORDINANCE NO. 96-9-1 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. i WHEREAS, Petition was filed with the Court Clerk 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 16th day of August, 1996, the County Court of Independence County, Arkansas, found that the petition was signed by a majority 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 lands 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 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: I SECTION 1. That the following described lands 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. A part of the Northeast Quarter of the Northeast Quarter of Section 8, Township 13 North, Range 6 West, described thus: Commence at the Northeast corner of said Section 8, Township 13 North, Range 6 West and run North for 21.2 feet, thence run West 700.7 feet, to a fence corner, the Place of Beginning. Thence run South 1 degree 41 minutes West for 927.38 feet, along a wire fence to a fence corner; thence run South 56 degrees 40 minutes West 463.1 feet along said fence to a point, thence run South 67 degrees 11 • minutes West for 175.7 feet, along said fence to a point; thence run South 77 degrees 53 minutes West for 149.43 feet along said fence to a metal stake; thence run North 2 degrees 19 minutes East for 1,297.4 feet to a metal stake; thence run South 88 degrees 41 minutes East of 670 feet, to the Place of Beginning. This tract contains 17.8 acres, more or less. A Part of the Northwest Quarter of the Northeast Quarter of Section Eight (8) in Township Thirteen (13) North of Range Six (6) West, described by mets and bounds thus; Commencing at the Southwest corner of said NWY4 NEY4, thence North, along the line between said land and the Northeast Quarter of the Northwest Quarter of said Section 155 yards and two (2) feet for a Beginning Point; thence East 389 yards; thence South 155 yards and two (2) feet to the South Line of said NWY4 NEY4, thence along said South line to the dividing line between said NWY4 NEY4 and NEY4 NEY4; thence North along said dividing line to the Northeast corner of said Northwest Quarter of Northeast Quarter; thence West to the dividing line between the Northwest of the Northeast and the Northeast of the Northwest; thence South along said dividing line to the place of beginning, containing 27'/ acres, more or less, LESS AND EXCEPT, however, the following, Part of the NWY4 NEY4 of Section 8, Township 13 North, Range 6 West, described thus: Beginning at the Southwest Corner of said Quarter Section; thence North 155 yards and two (2) feet for a Beginning Corner; thence East 140 yards; thence North 70 yards thence West 140 yards to the West Line of said 40 acre tract; thence South on said West Line 70 yards to the PLACE OF BEGINNING, containing Two (2) Acres, more or less, in said Exception, said Exception shown in Deed Record D-5 P.359 to W.D. Dorsett. SECTION 2. That the above described territory shall be annexed to and made I a part of Ward 3 of the City of Batesville, and the same shall henceforth be a part of said ward as fully as existing parts of said ward. 1 PASSED AND APPROVED this 24th day of September , 1996. ATTEST: )ONORABLE JOE BIARD, MAYOR u, • DENISE M. JOHNSTON, CITY CLERK This is to certify that the above ordinance is an exact copy of Ordinance No. 96-9-1, passed September 24, 1996. Denise M. Johnston, -City Clerk I • 0 1996 COU N':'r U.C. 670' -7 ta N� NES 8-t3-� 27 acres Mixr+< 71 DorSet4- °Y V�✓+ar, Do►se^r, 3c�r:sr "' N1dr G Do�SE�C rk:- I Uurc� ry CG- r+StEeS ser tnt If dc,,4 R l."A 9, 1541 !, 17. 8 c,,.es N 10 o^. 1167 ! 4�.5,q 1 Scale ! _ It oo oc �s► �o �ir-D �o a rr n QS 9I hi.LSrx-3 ��i:� � £'h�ofT�• � i Air• ��SL � � t �i b�olif 41 f L9// N' N vl V `1"•� '�;_"'1. �as.oQ 1 bta�1N ,� ,, sagas � � ;4as.10C 1 >tJvw �vw F"VI s�J�n z/LZ I C S88041'E 670' P.0.8. MAXFIELD . 17.B A 1: _ CD t.. o` O „ 4% / CARL W. PINKSTON 149.4 6�°\\� s REG.STE.tEO $'f'7053W `' Scale Int 200 LAND SURVEYOR STATE OF set metal slake •• r _•� \ ARKANSAS ' found metal stake NO. 710 0 fence corner ...NATURE �• A survey of A parcel of land in the NA 1 of the NEI of Section 8 North, Range 6 West of the Fifth Principal Meridian of Arkansas, more5hip 13 particularly described as follows; Commencing at the Northeast corner of said Section, Township and Range, thence North 21.2 ft. to a point, thence West 700.7 ft. to a fence corner, the point of beginning, thence 9010111 'W 927,38 ft@ along a wire fence to a fence corner, thence 5560401W 463.1 ft, along said fence to a point, thence 5670119W 175.7 ft. along said fence to a point, thence S770531W 149.113 ft. Along said fence to a metal stake, thence NO2°191E 1297.4 ft. to a metal stake, thence SP80411E 670 ft. to point of beginning, containing 1'7.8 Acres more or less. I IN THE IN DEPENDENCE COUNTY COURT IN THE MATTER OF ANNEXING TO THE CITY OF ►� BATESVILLE, ARKANSAS CERTAIN TERRITORY I, CONTIGUOUS TO THE SAID CITY OF BATESVILLE, ARKANSAS PETITION //'✓.; �.,� I We, as property owners of the following described area, do hereby petition i the County Court of Independence County, Arkansas, to annex the following lands ji I to the City of Batesville, Arkansas. We further state that the petition is signed by a majority of the real estate owners owning more than one-half of the acreage r e in g said area, and do further by our petition appoint I i pp Bob Dustman, 200 Wilderness I, Drive, Batesville, AR "r 2501 to act on behalf of the Petitioner i s in presenting this I+ matter to the Court. t Description of the area to be annexed to the City of Batesville, Arkansas: • it A part of the Northeast Quarter of the Northeast Quarter of Section I 8, Township 13 North, Range 6 West, described thus: Commence at l the Northeast corner of said Section 8, Township 13 North, Range 6 I West and run North for 21.2 feet; thence run West for 700.7 feet, to a i fence corner, the Place of Beginning. Thence run South 1 degree 41 I i minutes West for 927.38 feet, along a wire fence to a fence corner; thence run South 56 degrees 40 minutes West 463.1 feet along said 11 fence to a point; thence run South 67 degrees 11 minutes West for i W d 175.7 feet, along said fence to a point; thence run South 77 degrees 53 sHJ minutes West for 149.43 feet along said fence to a metal stake; thence V �&W run North 2 degrees 19 minutes East for 1297.4 f feet to a metal stake; thence run South 88 degrees 41 minutes East for 670 feet, to -� C-4 Lathe Place of Beginning. This tract contains 17.8 acres, more or less. Q: A Part of the Northwest Quarter of the Northeast Quarter of Section -7U a� Eight (8) in Township Thirteen (13) North of Range Six (6) West, described by mets and bounds thus; Commencing at the Southwest corner of said NWt/4 NE1/4; thence North, along the line between said land and the Northeast Quarter of the Northwest Quarter of said Section 155 yards and two (2) feet for a Beginning Point; thence East 389 yards; thence South 155 yards and two (2) feet to the South Line of said NWl/� NEI/4, thence along said South line to the dividing line it r i. f' in said Exception, said Exception shown in Deed Record D-5 P.359 to W. D. Dorsett. IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED that the original papers in this cause be delivered to the Clerk of Independence County, Arkansas, same to be properly recorded upon the records of Independence County, Arkansas, and the Clerk, after properly recording and filing the original papers, prepare transcripts of same; that one of the certified transcripts be delivered to the City of Batesville, Arkansas, one copy to the Secretary of State and one copy to the Director of the Tax Division of the Arkansas Public Service Commission. HONORABLE Wmh WYATT INDEPENDENCE COUNTY JUDGE IN THE INDEPENDENCE COUNTY COURT IN THE MATTER OF ANNEXING TO THE CITY OF - BATESVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO THE SAID CITY OF BATESVILLE, ARKANSAS DECREE OF ANNEXATION On this regular day of a regular term of the County Court of Independence County, Arkansas, there is presented to the Court by Bob Dustman, agent of the Petitioners, a Petition For Annexation of certain territory, hereinafter more particularly described, to the City of Batesville, Arkansas, and the Court being fully advised of the facts and the law, doth hereby find, judge and decree as follows: 1. The Court finds that the Petition was filed more than thirty (30) days prior to this date and that in said Petition the said Bob Dustman was selected by the petitioners to act on their behalf in filing and presenting the Petition. 2. The Court doth find that a majority of the total number of real estate owners in the area affected by this petition have signed said Petition and that such majority owns more than one-half of the acreage affected. 3. The Court further finds that the territory sought to be annexed was accurately described in said Petition and that said Petition and that said territory is contiguous to the boundaries of the City of Batesville, Arkansas. 4. The Court further finds that attached to and made a part of said Petition is an accurate map of the territory sought to be annexed to the City of Batesville, Arkansas. l � L D AUG 1 6 19%11 A .......�� MAROAR`ET OOTHBY COUN7�c7A7'E CLERK • 5. The Court further finds that the prayer of the Petition is right and proper. IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED that the following described territory be and the same is hereby annexed to and made a part of the City of Batesville, Arkansas, to-wit: A part of the Northeast Quarter of the Northeast Quarter of Section 8, Township 13 North, Range 6 West, described thus: Commence at the Northeast corner of said Section 8, Township 13 North, Range 6 West and run North for 21.2 feet; thence run West for 700.7 feet, to a fence corner, the Place of Beginning. Thence run South 1 degree 41 minutes West for 927.38 feet, along a wire fence to a fence corner; thence run South 56 degrees 40 minutes West 463.1 feet along said fence to a point; thence run South 67 degrees 11 minutes West for 175.7 feet, along said fence to a point; thence run South 77 degrees 53 minutes West for 149.43 feet along said fence to a metal stake; thence run North 2 degrees 19 minutes East for 1,297.4 feet to a metal stake; thence run South 88 degrees 41 minutes East for 670 feet, to the Place of Beginning. This tract contains 17.8 acres, more or less. A Part of the Northwest Quarter of the Northeast Quarter of Section Eight (8) in Township Thirteen (13) North of Range Six (6) West, described by mets and bounds thus; Commencing at the Southwest corner of said NW1/4 NE1/4; thence North, along the line between said land and the Northeast Quarter of the Northwest Quarter of said Section 155 yards and two (2) feet for a Beginning Point; thence East 389 yards; thence South 155 yards and two (2) feet to the South Line of said NWI/4 NEl/; thence along said South line to the dividing line between said NW1/4 NE1/4 and NE1/4 NEI/4; thence North along said dividing line to the Northeast corner of said Northwest Quarter of Northeast Quarter; thence West to the dividing line between the Northwest of the Northeast and the Northeast of the Northwest; thence South along said dividing line to the place of beginning, containing 271/2 acres, more or less, LESS AND EXCEPT, however, the following: Part of the NWI/4 NE1/4 of Section 8, Township 13 North, Range 6 West, described thus: Beginning at the Southwest Corner of said Quarter Section; thence North 155 yards and two (2) feet for a Beginning Corner; thence East 140 yards; thence North 70 yards thence West 140 yards to the West Line of said 40 acre tract; thence South on said West Line 70 yards to the PLACE OF BEGINNING, containing Two (2) Acres, more or less, between said NWi/4 NEI/4 and NE1/4 NE1/a; thence North along said r dividing line to the Northeast corner of said Northwest Quarter of Northeast Quarter; thence West to the dividing line between the Northwest of the Northeast and the Northeast of the Northwest; �I thence South along said dividing line to the place of beginni , containing 271/2 mol acres, re or less, I� ' LESS AND EXCEPT, however, the following: Part of the IW of Section 8, Township 13 North, Range 6 West, describe I/ NE/4 Beginning at the Southwest Corner of saidQuarter d thus:: North 155 yards and two (2) feet for a Beginni gCorner; thencethence 140 yards; thence North 70 yards;thence West 140 yards to the Westt Line of said 40 acre tract; thence South on said f West Line 70 yards to the PLACE OF BEGINNING, containing Two (2) Acres more in said Exception, said Exception shown in Deed Record D-5 P.359 to W. D. Dorsett. iI is NAME ADDRESS i Stanley Ls, Trustee Landmark Baptist Church, Petitioner �� Z s �l f 2N 61 y6 L i I Gary mugger; rustee _ J� L J�Z� i Landmark Baptist Church, Petitioner �T �I h/L l /3.c I Mark T. Dorsett, Co-Trustee Mark T Dorsett Trust, Petitioner -a'f"R r 6svi E o% 7 V.411 L IIf��xa� Vivian L. Dorsett, Co-Trustee I Mark T. Dorsett Trust, Petitioner 71Oo ►f The q card-Record Co: irk. �� { 1 PUBLISI ERS OF 'ME DAILY GUARD h y �1 MONDAY THRU FRIDAY BATESVILLE, ARKANSAS PROOF OF PUBLICATION STATE OF ARKANSAS IN THE INDEPENDENCE COUNTY County of Independ ce S ,� FFIDAVIT COURT �f � IN THE MATTER OF ANNEXING TO I' '•"......•••'•"•"""•"' f 4^'''••1•• •�•••••. hereby certify that I am the t ), THE CITY OF (proprietor), (manager) of the ......... ....... BATESVILLE GUARD. .................... a n-,-4` )1 ew aper BATESVILLE, ARKANSAS CERTAIN published at regular intervals continuously at Batesville, Independence County, Arkansas, TERRITORY for more than a period of twelve months, circulated and distributed from an established CONTIGUOUS TO THE SAID CITY OF place of business to subscribers and readers generally of all classes in the City and County BATESVILLE, ARKANSAS for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service CO 96-1 value it contains; that at least fifty per cent of the subscribers thereto have paid cash for NOTICE their subscription to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of Notice is hereby given that there has more than forty per cent news matter. been filed in the County Court of Indepen- I further certify that the legal notice hereto attached was published in said newspaper dente County, Arkansas, the Petition of for ........ .......... consecutive insertions as follows: Bob Dustman,and others,asking for the / annexation to the City of Batesville,of the The first insertion on the ............f........... day of.................;..............I 19..1....::..,the second in- following described lands situated in Inde- J11 pendence County, Arkansas, and Conti- sert on on the ............:........,. day of ..:.......... . ....t:q.....dig.:........... ie third insertion on the guous to said Clty,'Io=wit`` vl , ...................... day of....::.,.a...`::::::::::::. ., 1(J.........�:, aid the fourth insertion on the ........................ A part of the Northeast Quarter of the Northeast Quarter of Section 8, day of ................................:19............. Township 13 North,Range 6 West, LBVPdl J.Tale, Nnt r;/l";!:ft , described thus:Commence at the Iz.*n_i i�f;Stli,1,F11°;,':::. :. . ................... .... . :....p::. ........ .,,. . . Northeast corner of said Section 8, SwTownshiP 13 North,Range 6 West on to and subscribed before me this ....,:........i....... day o ................:»......Y..., 19............. and run North for 21.2 feet;thence -- runWest for 700.7 feet,to a fence ........................................................................................................ corner, the Place of Beginning. My Commission expires:',t............./...:.-..::........... . Thence run South 1 degree 41 n """""""''""•"""""" minutes West for 927.38 feet, Publication fees, :..........:...:.....'.. Received payment ..................._......................_............... 19 ........ along a wire fence to a fence corner; thence run South 56 de- ...............................................................................__............_....... grees 40 minutes West 463.1 feet -- along said fence to a point;thence run South 67 degrees 11 minutes West for 175.7 feet, along said fence to a point;thence run South 77 degrees 53 minutes West for 149.43 feet along said fence to a metal stake; thence run North 2 degrees 19 minutes East for 1,297.4 feet to a metal stake; thence run South 88 degrees 41 minutes East for 670 feet, to the Place of Beginning.This tract con- tains 17.8 acres, more or less. A Part of the Northwest Quarter of the Northeast Quarter of Section Eight(8)in Township Thirteen(13) North of Range Six (6) West, described by mets and bounds thus; Commencing at the South- west comer of said NW1/4 NEVA; thence North, alonn the Me be- tween said land and the Northeast Quarter of the Northwest Quarter of said Section 155 yards and two (2) feet for a Beginning Point; thence East 389 yards; thence South 155 yards and two(2)feet to the South Line of said NW1/4 NE1/4; r. thence along said South line to the dividing line between said NWIA - NEV4 and NEI/4 NEI/4; thence North along said dividing line to the Northeast comer of said Northwest Quarter of Northeast Quarter; thence West to the dividing line.' between the Northwest of the. Northeast and the Northeast of the Northwest; thence South along said dividing line to the place of beginning, containing 271/2 acres, more or less, LESS AND EXCEPT, however, the following: Part of the NWI/4 NEI/4 of Section 8, Township 13 North, Range 6 West, described thus: Peg;nnina at eh.. Corner of said Quarter Section; thence North 155 yards and two(2) feetfora Beginning Corner;thence East 140 yards; thence North 70 yards thence West 140 yards to the West Line of said 40 acre tract; thence South on said West Line 70 yards to the PLACE OF BEGIN- NING, containing Two (2) Acres, more or less, in said Exception, said Exception,shown In Deed Record D-5 P.359 to W.D.Dorsett. A plat of said land proposed for anne- xation is on file with said Petition in the office of the Clerk of said Court,and the undersigned has been named by the petitioners as the person authorized to act for them. The Court has fixed the 15th day of August, 1996 at 9:00 a.m,o'clock as the date for a hearing on said Petition,and all interested persons are now notified to be present at said Court at the time and date so fixed. GIVEN this 26th day of .lona to4a ORDINANCE NO. AN ORDINANCE REZONING CERTAIN PROPERTY IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 15, TOWNSHIP 13 NORTH, RANGE 6 WEST IN THE CITY OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS WHEREAS, Virginia Henry filed before the Batesville Planning Commission a request for a change in zoning from R-1 to C-2, f r lands as hereinafter described in Independence County, Arkansas; and WHEREAS, a public hearing on said requested change was set before the Batesville Planning Commission on September 15, 1996 at 7 : 00 p.m. at the Batesville City Hall; and WHEREAS, notice of said public hearing was given in accordance with the Batesville Zoning Code; and © WHEREAS, Virginia Henry met all technical requirements for submission of a request for zoning change as required by the City of Batesville Zoning Code, paid all costs and fees required, and said hearing was held in accordance with all requirements of the City of Batesville Zoning Code; and WHEREAS, at the public hearing of September 15, 1996, petitioner appeared in person; and WHEREAS, after a full and complete hearing, and upon moti n duly made and seconded that the requested zoning change be grant d and that the property be recommended to the City Council to e rezoned from R-1 to C-2 , the Batesville Planning Commission did approve and recommend that the proposed zoning change of the hereafter captioned property from R-1 to C-2 ; and , r ; • WHEREAS, the Batesville City Planning Commission adoptedla written resolution recommending the zoning change and incorporated therein its reasons for the change; and WHEREAS, after all notices as required by law, the recommendation of the City Planning Commission for rezoning of the hereafter captioned lands from R-1 to C-2 was set to be presented to the Batesville City Council on September 24 , 1996; and WHEREAS, the Batesville City Council has heard all persons i desired to be heard on the question and has determined that the hereafter captioned property should be rezoned from R-1 to C-2 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1. That the following described lands in Independence • County, Arkansas should be and hereby are rezoned from R-1 to C-2 . A tract of land being a part of the SE-4 of the SE-14 in Section 15 T 13 N, R 6 W in Independence County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of said Section 15; thence N 88012101" W along the South line of said Section 15, 675. 74 feet; thence N 02028 ' E, 276 . 43 feet to the Point of Beginning (POB) ; thence N 88012101" W, 311. 91 feet; thence N 03018151" E, 668 . 0 feet to the nominal South right of way line of Harrison Street; thence along said South right of way line the following: S 79025143" E, 149 . 08 feet; along a curve to the left, a long chord bearing of S 84016149" E, a long chord distance of 154 . 67 feet; thence S 02028 ' W 634 . 5 feet to the Point of Beginning. Containing 4 . 56 acres, more or less, subject to any and all easements. The address of this tract is 3096 Harrison Street, Batesville, Arkansas 72501. Section 2 . A copy of this Ordinance duly filed by the Ci y Clerk shall be filed in the Office of the Recorder of the Circu t ® Clerk of Independence County, Arkansas and recorded in the deed records of said county, and published in accordance with Ark. Code Ann. §14-55-206. Section 3 . That an emergency exists and this Ordinance shall take effect and be in full force and effect from and after its passage. PASSED this 24th day of September, 1996. oe Biar Mayor C ATTEST: City Clerk O w _ 79.25'43'•E UTILITY a O8 114RRISONSTREET STA'. I WALMART SIUPERCENTER ,`�_ 1,• � � --- S 94.16'49'•E moo~v` /.',�q ' 0„ i-`, I II'I — ,1� —t 1' 'fit C r I,l 'r CII S STA-a OPS' 1 �CAI�Ius s 4.56 Acres P4 it W CV ck ; a 1 11, La,-% a;c,:; ----- E—Q •4y Wo•a fence "-- W YM a � 31191' N 88.12'ol" W SURVEY DESCRIPTION A tract of land being a part of the SEE of the SEE in Section 15, T 13 N, R 6 W in 3hdependence County, Arkansas, more particularly described as follows: commencing at the southeast corner of said Section 15; thence N 88°12'01" W along the south line of said Section 15, 675. 74 feet; thence N 02°28' E, 276.43 feet to the point of beginning (POB) ; thence N 88°12'01" W, 311.91 feet; thence N 03°18'51" F., 668.0 feet to the nominal south right of way line of Harrison Street; thence along said south right of way line the following: S 79025'43" E, 1.49.08 feet; along a curve to the left, a long chord bearing of S 84°16'49" E., a long chord distance of 154.67 feet; thence S 02°28' W, 634.5 feet to the point of beginning. Containing 4.56 acres, more or less, subject to any and all easements. The address of this tract is 3096 Harrison Street, Batesville, Arkansas 72501. "W 4.4W S4WVL'Y4W SERMX4 AVS VIRGINIA HENRY s , 165 cAsr c%imES snmrr PROPERTY SURVEY d,1 TFSIZL4 41411' NMS 7P3GY /00 o /00