HomeMy WebLinkAbout1998-08-02 o
ORDINANCE NO. 1 � d a
AN ORDINANCE REZONING CERTAIN PROPERTY OWNED BY IDEAL
BAKING COMPANY, INC. AND ELMER L. COCHRAN, JR. , FROM
RESIDENTIAL R-1 TO COMMERCIAL C-2, SAID PROPERTY BEING
DESCRIBED AS PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 9,
TOWNSHIP 13, NORTH, RANGE 6 WEST, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SAID
NW 1/4 OF THE NE 1/4 RUN SOUTH 45 DEGREES 2 MINUTES WEST A
DISTANCE OF 1, 086. 84 FEET TO AN IRON PIPE FOR THE POINT OF
BEGINNING, SAID POINT BEING SOUTH 57 DEGREES 1 MINUTE EAST A
DISTANCE OF 40 FEET FROM THE EAST RIGHT OF WAY LINE OF U. S.
HIGHWAY NO. 167 AT STATION POINT 253+68 . 9 OF ARKANSAS
HIGHWAY DEPARTMENT JOB NO. 5585; RUN THENCE SOUTH 57 DEGREES
1 MINUTE EAST WITH AN INTERIOR ANGLE OF 90 DEGREES A
DISTANCE OF 290 FEET TO AN IRON PIPE; RUN THENCE SOUTH 32
DEGREES 59 MINUTES WEST WITH AN INTERIOR ANGLE OF 90 DEGREES
A DISTANCE OF 166. 5 FEET TO AN IRON PIPE; RUN THENCE SOUTH
73 DEGREES 15 MINUTES 30 SECONDS WEST WITH AN INTERIOR ANGLE
OF 139 DEGREES 43 MINUTES 30 SECONDS A DISTANCE OF 241 FEET
TO A POINT, BEING MARKED BY AN IRON PIPE SET IN CONCRETE
NORTH 57 DEGREES 1 MINUTE WEST A DISTANCE OF 1 FOOT; RUN
THENCE NORTH 57 DEGREES 1 MINUTE WEST WITH AN INTERIOR ANGLE
OF 130 DEGREES 16 MINUTES 30 SECONDS A DISTANCE OF 134 FEET
TO A POINT BEING MARKED BY AN IRON PIPE IN CONCRETE SOUTH 57
DEGREES 1 MINUTE EAST A DISTANCE OF 0 . 9 FEET SAID POINT
BEING SOUTH 57 DEGREES 1 MINUTE EAST A DISTANCE OF 40 FEET
FROM THE EAST RIGHT OF WAY LINE OF U. S. HIGHWAY 167 AT
STATION 250+18 . 9 OF ARKANSAS HIGHWAY DEPARTMENT JOB NO.
5585; RUN THENCE NORTH 32 DEGREES 59 MINUTES EAST WITH AN
INTERIOR ANGLE OF 90 DEGREES A DISTANCE OF 350 FEET TO THE
PCINT OF BEGINNING CONTAINING 2 . 00 ACRES, MORE OR LESS;
CONSISTING OF LAND HERETOFORE CONVEYED TO HUMBLE OIL &
REFINING COMPANY BY CORRECTION WARRANTY DEED DATED SEPTEMBER
17, 1971, WHICH IS RECORDED BY THE CLERK OF THE CIRCUIT
COURT AND EX-OFFICIO RECORDER OF INDEPENDENCE COUNTY IN
RECORD BOOK X-9 AT PAGES 495 AND 496 DEEDS, AND FOR OTHER
PURPOSES:
WHEREAS, the City Planning Commission of the City of
Batesville, Arkansas, has recommended to the Batesville City
Council that the following lands lying in Batesville,
Independence County, Arkansas, be rezoned from Residential
R-1 to Commercial C-2 .
Part of the NW 1/4 of the NE 1/4 of Section 9, Township 13
North, Range 6 West, more particularly described as follows :
From the northeast corner of the said NW 1/4 of the NE 1/4
run South 45 degrees 2 minutes West a distance of 1, 086. 84
feet to an iron pipe for the point of beginning, said point
being South 57 degrees 1 minute East a distance of 40 feet
from the east right of way line of U. S. Highway No. 167 at
Station Point 253+68 . 9 of Arkansas Highway Department Job
No. 5585; run thence South 57 degrees 1 minute East with an
interior angle of 90 degrees a distance of 290 feet to an
iron pipe; run thence South 32 degrees 59 minutes West with
an interior angle of 90 degrees a distance of 166. 5 feet to
an iron pipe; run thence South 73 degrees 15 minutes 30
seconds West with an interior angle of 139 degrees 43
minutes 30 seconds a distance of 241 feet to a point, being
marked by an iron pipe set in concrete North 57 degrees 1
0
minute West a distance of 1 foot; run thence North 57
[ degrees 1 minute West with an interior angle of 130 degrees
�r 16 minutes 30 seconds a distance of 134 feet to a point
being marked by an iron pipe in concrete South 57 degrees 1
minute East a distance of 0 . 9 feet said point being South 57
degrees 1 minute East a distance of 40 feet from the east
right of way line of U. S. Highway 167 at Station 250+18 . 9
of Arkansas Highway Department Job No. 5585; run thence
North 32 degrees 59 minutes East with an interior angle of
90 degrees a distance of 350 feet to the point of beginning
containing 2 . 00 acres, more or less; consisting of land
heretofore conveyed to Humble Oil & Refining Company by
Correction Warranty Deed dated September 17, 1971, which is
recorded by the Clerk of the Circuit Court and Ex-officio
Recorder of Independence County in Record Book X-9 at Pages
495 and 496 Deeds .
WHEREAS, after due notices as required by law, the
Planning Commission and the City Council has heard all
persons desiring to be heard on this question and has
determined that the property' s best use is Commercial C-2
and that the property should be rezoned under the
�r classification of Commercial C-2 .
NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS:
Section 1 : That the lands described hereinabove shall
be and are hereby rezoned from Residential R-1 to Commercial
C-2 .
Section 2 : A copy of this ordinance shall be filed by
the City Clerk of the City of Batesville, Arkansas in the
office of the Record of Deeds of this county and recorded in
the Deed Record Books of Independence County.
Section 3: That the City Clerk shall cause the
official rezoning map of the City of Batesville, Arkansas,
to note the change effected hereby.
Section 4 : That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
Section 5: IT IS HEREBY FOUND AND DECLARED THAT AN
EMERGENCY EXISTS AND THAT THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE FOR THE
NECESSARY PROTECTION OF THE CITY' S HEALTH, SAFETY AND
WELFARE.
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PASSED and adopted this �- da of 1998 .
HO JOE BI , MAYOR
ATTEST:
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HON. DENISE JOHNSTON, CITY CLERK