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HomeMy WebLinkAbout1997-02-01 ! (Wr •w M ORDINANCE NO. 'I-)- ,2 - AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A CERTAIN UNNAMED STREET LOCATED IN THE HEIGHTS SUBDIVISION OF THE CITY OF BATESVILLE, ARKANSAS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED by the City Council of the City of Batesville, Arkansas : Section l : That the City of Batesville, Arkansas shall accept a certain unnamed street located in the Heights Subdivision of the City of Batesville, Arkansas whenever said street is dedicated to the City of Batesville, Arkansas by the owners thereof, subject to the provisions of this ordinance. Section 2 : That the street must conform in all instances, except as herein provided, to any and all subdivision regulations or ordinances now, or hereinafter at the time of dedication, be in existence. Section 3 : That said street will provide a forty ( 40 ) foot right of way for road and utility purposes for a distance of one block. All other portions of the street shall be subject to current or herein- after enacted city ordinances and subdivision regulations . Section 4 : That the one block area which is authorized to be a forty ( 40 ) foot right of way is that block lying to the South of Eagle Mountain Boulevard and bounded on the northwest by Lot 11 and on the southeast by Lot 10 of said Heights Subdivision in the City of Batesville, Arkansas . That the real property which shall be accepted as a right of way for street and utility easement purposes is more particularly described as : A tract of land being a part of an unnamed street in the Heights Subdivision in the City of Batesville, Independence County, Arkansas, more particularly described as follows : Commencing at the nominal east corner of Lot 11 of the Heights Subdivision; thence S 55°55110" E along the south and west right of way line of Eagle Mountain Boulevard, 10 . 14 feet to the point of beginning (POB) ; thence continue S 55°55 ' 10" E along said right of way line, 40 .19 feet to the nominal north corner of Lot 11 of said Heights Subdivision; thence S 43029 ' 30" W, 292 . 22 feet to the nominal west corner of said Lot 10 ; thence N 57°48 ' 33" W along the south and west line of said Heights Subdivsion, 40 . 43 feet; thence N 430 29 ' 30" E, 293 . 57 feet to the point of beginning. Section 5 : That any ordinance or part or parts of any ordinances are hereby repealed as it pertains to said one block area only. Section 6 : EMERGENCY CLAUSE: It is hereby declared that an emergency exists and that the ordinance shall be effective from and i after the date of its passage. PASSED this 1 �5�hday of February, 1997 . APPROVED: PJ0!E!%IARD, MAYOR ATTEST: DENISE JOHN TON, CITY CLERK BATESVILLE WATER UTILITY 9W P.O. BOX 2375 • 500 EAST MAIN STREET MAIN OFFICE BATESVILLE,ARKANSAS 72503 (501)698-2415 FAX: (501) 698-2408 WASTEWATER PLANT (501)698-2442 SAFETY DIRECTOR (501)698-2410 WATER PLANT&SHOP (501)698-2444 January 17, 1997 To whom it may concern: The building on the utility easement adjacent to a tract of land known as 748 Eagle Mt. Blvd., will not interfere with current use or any future repair of the water or wastewater lines there. Sincerely, Larry Tharnish Mgr. cc: Don McSpaden "CITY OF HOSPITALITY` Y LawOArCeS Of GREGG, HART & FARRIS John C.Gregg February 18, 1997 262 Boswell Josephine Linker Hort P.O.Box 2496 Phillip B.Farris Batesville,Arkansas 72503 (501) 793-7556 Mr. Don McSpadden Fax(501) 793-6921 Attorney at Law P. O. Box 2051 Batesville, AR 72501 Re: Bill Elliott, Jr. Property Dear Don: I have forwarded a copy of the proposed ordinance to John Logan. Aberdeen would request that a survey description be obtained of the forty feet right-of-way with the beginning point being at the appropriate point on Lot 10. This way, there will be no confusion about where the forty feet right-of-way actually lays. If you could have Pete prepare this and redo the ordinance, the balance of it is fine. (W Very tr y ours, G JCG/km cc: Mr. John Logan • v 3a 20 \ f / LOT Hous ?J• • os Garage SURVEY DESCRIPTION A tract of land being all of Lot 11 of the Heights Subdivision in the City of Batesville, Independence County, Arkansas, subject to any and all easements. The address of this tract is 748 Eagle Mountain Boulevard, Batesville, AR 72501. • LAW -VWWJyhW fER4AnF4 ,IVB BILL JR. 8 DEBBIE ELLIOTT 1,65 cAsr CfwAtES S7Ja5FT PROPERTY SURVEY 60 C 60 Twfydo+v /5GY/ 7Af- eJ.0 Far 79!- SUM 0200-153 2/- 96 • LOT u / 1 01 0 ti a� O LOT 10 4IL �QV1 +iSi. p� 1 rc,♦ w J .KAt73rlf' s i! g3, LA OV' TRACT ONE: A tract of land being a part of an unnamed street in the Heights Subdivision in the City of Batesville, Independence County, Arkansas, more particularly described as follows: beginning at the nominal east corner of Lot 11 of said Heights Subdivision; thence S 55°55'10" E along the south and west right .of way line of Eagle Mountain Boulevard, 10.14 feet; thence S 43°29'30" E, 293.57 feet to the south and west line of said Heights Subdivision; ,thence N 57048'33" W, 10.2 feet to the nominal south corner of said Lot 11; ence N 43029'30" E, 293.91 feet to the point of beginning. TRACT TWO: A tract of land being a part of an unnamed street in the Heights Subdivision in the City of Batesville, Independence County, Arkansas, more particularly described as follows: commencing at the nominal east corner of Lot 11 of said Heights Subdivision; thence S 55°55'10" E along the south and west right of way line of Eagle Mountain Boulevard, 10.14 feet to the point of beginning (POB) ; thence continue S 55°55'10" E along said right of way line, 40.19 feet to the nominal north corner of Lot 11 of said Heights Subdivision; thence S 43029'30" W, 292.22 feet to the nominal west corner of said Lot 10; thence N 57°48'33" W along the south and west line of said Heights Subdivision, 40.43 feet; hence N 43°29'30" E, 293.57 feet to the point of beginning. "AV Sl.IftWYAW SERIVAX-9 AC CITY OF BATESVILLE /4"►S EAST 0%40WES STET PROPERTY SURVEY Ail TFS12[4 '+iMAKSAS 1p34� 66 0. ?yj- e-w F.. ?xy- Ajf5w q„�► 02 - 21 - 97 L M • BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS ORDINANCE NO. 97-3-1 AN ORDINANCE ACCEPTING THE CONTINUATION OF HATFIELD STREET INTO THE STREET MAINTENANCE PROGRAM, ACCEPTING THE DEED OF DEDICATION ADDING THE SAME TO THE MASTER STREET PLAN AND FOR OTHER PURPOSES WHEREAS, the Clark family has delivered a Warranty Deed of Dedication to the City of Batesville for certain lands to be used as a City Street and public right-of-way; and WHEREAS, said right-of-way would be useful and beneficial to the citizens of Batesville, Arkansas and others traveling in and through the City; and WHEREAS, said lands are already used as a roadway; now BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: 1. The Warranty Deed of Dedication which was executed on March 10, 1997 is accepted by the City of Batesville; 2. The lands described in the Deed of Dedication which is filed for record in Independence County Record Book D-16, pages 821-824 are accepted into in the Street Maintenance Program by the City of Batesville; 3. Pursuant to Batesville Municipal Code § 9-32.01 the street shall be known as a continuation of Hatfield Street; and • 4. The continuation of Hatfield Street, as described in the above referenced Deed of Dedication will be added to the Master Street Plan in accordance with § 9.44 of the Batesville Municipal Code. THIS ORDINANCE ADOPTED this a� day of March, 1997. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Aza� �90eNhRABL'tfJOE BIARD, MAYOR ATTEST: &-,,I kr"t"t'— DENISE JOH14STON, CITY CLERK • ® WARRANTY DEED OF DEDICATION FOR A CITY STREET WITH RELINQUISHMENT OF DOWER AND CURTESY KNOW ALL MEN BY THESE PRESENTS: That I, Jim. M. (lark, a single person, Michael 1). Clark and Pamela Clark, Husband and Wife, and Tonnny Lee Clark and Becky Clark, Husband and Wife, Grantors, fbr and in consideration of Ten Dollars ($10.00) and other good aind valuable consideration in hand paid by The City of Batesville, Arkansas, a Munici al Corporation, Grantee, the receipt of which is hereby acknowledged, hereby gra t, bargain, sell and comvev unto the said Grantee and its successors and assigns forever the following lands lying in Independence County, Arkansas, to-wit: • A part of the SW'-/1 of NEI/4 of Section 8, Township 13 North, Range 6 West, described thus: Commence at the SW corner of said SW1/4 NE1/4 and run thence North with West line thereof for 896.60 feet to a point; thence East for 56 feet, more or less, to the East R/W line of North Heights Avenue and the point of intersection of said East R/W line with North line of a tract which will be known as a continuation of Hatfield Street, and the Point of Beginning; thence East with. North line of said tract which will be known as a continuation of Hatfield Street for 444.6 feet to a point: thence South for 30 feet to the South line of said tract which will be known as a continuation of Hatfield Street; thence West with South line of said tract which will be known as a continuation of Hatfield Street for 444.6 feet to the East R/W line of North Heights Avenue; thence North with said East R/W line for 30 feet to the Point of Beginning. The Grantors grantthe above described tract to the City of Batesville and he general public for use as a city street and right-of-way, FL NCE& 11ANcE, P.A. To have and to hold the same unto the said Grantee and unto its successors ATlORNE"AT LAW 927 E.COLLEaE 9T. ta.Bog 4175 and assigns forever, with all appurtenances thereunto belonging. BnSKW93-7083 AR 72503 ® And we herehy (wenant. with said Grantee that we will forever warrant nd defend the right to the :;aid lands against all claims whatever. And we Jim M. Clarka single person, Michael D. Clark and Pamela Clark, Husband and Wife, and `Pommy Lee Clark and Becky Clark, Husband and Wife for an in consideration of'tho said sum of money, do hereby release and relinquish unto the said Grantee all our right of dower, curtesy and homestead in and to the said lands. WITNESS our hands and eals this ... day of March. 1997. JIM M. CLARK A MICHAEL D. CLARK PAMELA CLARK TOMMY LEE- K BECKY CLARK HANCE& HANCE, P.A. ATToxxEYs AT LAw 927 E.WLLmOE 9m. P. Box 4175 BA LFE AR 72503 ( 793-7083 �w ACKNOWLEDGMENT STATE OF: COUNTY OF: KNOW ALL MEN BY THESE PRESENTS, That I here appeared before me, a Notary Public, the within named Jim M. Clark to me \veil known as the person executing the foregoing instrument who stated that he had (executed the same for the intent: and purposes therein stated and set forth. i WITNESS my hand and official seal this °.�ay of March, 1997. MY COMMISSION EXPIRES: �NARY PUBLIC ACKNOWLEDGMENT STATE OF: COUNTY OF: KNOW ALL MEN BY THESE PRESENTS, That there appeared before me, a Notary Public, the within named Michael D. Clark and Pamela Clark to me Well known as the person executing the foregoing instrument who stated that they had executed the same for the intent and purposes therein stated and set forth. WITNESS my hand and official seal this/..°day of March, 1997. MY COMMISSION EXPIRES: NOT Y PUBLIC HANCE& HANCE,P.A. ATmRNws AT Law 927&COLLEGE ST. *PB 4175 BwAR 72503 3-7083 v • ACKNOWLEDGMENT STATE OF: COUNTY OF: KNOW ALL MEN BY THESE PRESENTS, That there appeared before me, a Notary Public, the \sithin named Tommy Lee Clark and .Becky Clark to me well known as the person executing the foregoing instrument «,,ho stated that they had executed the same for the intent and purposes therein stated and set forth. WITNESS my hand and official seal this-/.q. day of 'Vlarch, 1997. MY COMMISSION EXPIRES: _ 3 _ NO ARY PUBLIC I certify under penalty of false swearing t least e legally correct amount of documentary stamps have been placed thi, ns t nt. C GRANTEE OR, RANTEE'S AGENT G1 2 '7 c , G©e C��-e (3 �e6 V �(.e ADDRESS OF GRANTEE CERTIFICATE OF RECORD STATE OF ARKANSAS COUNTY OF INDEPENDENCE Filed for record the 12th day of March jq 97 at 0P M,and recorded in Pd owk _L6n Pge_E,1 —R 2d y C toh i lark _ I HANCE& DC HANCE,P.A. ATroxxL-fs AT LAW 987 E.COLLEGE 8T. #Bo x 4175 BA ,AR 72503 3-7083 � - 0 SCALE FOR SECTION, Each side large blue squares - 20 chains, 80 rods, 1320 feet; area of square 40 acres. 660 Ft.=1 Inch Each side small red squares = 5 chains, 20 rods, 330 feet; area of square 2V2 acres. i LIZ X 39i' zht b 1 r 0 s i I 1 1 Z I SCALE FOR QUARTER SECIJON, Each side large blue squares = 10 chains, 40 rods, 660 feet; area of square 10 acres. 330 Ft.=1 Inch - Each side small red squares = 2.5 chains, 10 rods, 165 feet; area of square .625 of i acre. PRONTO LAND MEASURE 660-330 MAP SHEET PRONTO LAND MEASURE P O Box 3219.Flint.MI 48502 Phone 13131 233-7950