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HomeMy WebLinkAbout1998-09-01 ORDINANCE NO. 98 AN ORDINANCE TO RE-ZONE PROPERTY LOCATED WITHIN THE CITY OF BATESVILLE, ARKANSAS AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION I: That from and after the passage of this ordinance, the following described real property situated within the city limits of Batesville, Arkansas, now zoned R-2 , be, and hereby is, re-zoned to C-2 as more specifically set out below: A tract of land located in the Southwest Quarter of Section 14, Township 13 North, Range 6 West, Batesville, Independence County, Arkansas, more particularly described as follows: Commence at the SW corner of Section 14 , T-13-N, R-6-W, thence S 88 degrees 1210111E, 726. 96; thence N 33 degrees 5114411E, 365. 72 ; thence N 3 degrees 0612311E, 50. 0, to the point of beginning; thence N 24 degrees 1213611W, 1, 191. 94; thence N 30 degrees 0712611E, 280. 0; thence I N 63 degrees 2110411E, 435. 64 ; thence S 76 degrees 26' 4311E, 605. 88; thence N 69 degrees 43132"E, 347 . 60; thence S 18 degrees 2712111E, 325. 01 ; thence along a curve to the left (said curve having a radius of 576. 081 ) on a chord bearing and distance of S 67 degrees 4614111W, 75. 681 ; thence along a curve to the right (said curve having a radius of 892 . 771 ) on a chord bearing and distance of S 76 degrees 4915811W, 396. 211 ; thence along a curve to the left (said curve having a radius of 216. 141 ) on a chord bearing and distance of S 44 degrees 3911211W, 305. 671 ; thence S 0 degree 2014811E, 264 . 861 ; thence along a curve to the right (said curve having a radius of 1, 191. 191 ) on a chord bearing and distance of S 6 degrees 4110411W, 291. 621 ; thence S 13 degrees 4215611W, 100. 431 ; thence along a curve to the right (said curve having a radius of 257 . 611 ) on a chord bearing and distance of S 41 degrees 4012611W, 241. 551 ; thence along a curve to the right (said curve having a radius of 426. 611 ) on a chord bearing and distance of S 81 degrees 22 ' 0911W, 173 . 571 , to the point of beginning, containing 26. 8 acres, more or less. 1 LESS and EXCEPT: A tract of land being a part of the SW1/4 of Section 14 , T 13 N R 6 W in the City of Batesville, Independence County, Arkansas, more particularly described as follows: Commencing at the southwest corner of said Section 14 ; thence East, 1973 . 34 feet; thence North 1500.21 feet to the southwest corner of Lot 1 of Eagle Mountain Estates and the point of beginning; thence southwesterly along the north right of way line of Woodmont Circle the following: along a curve to the left said curve having a long chord bearing of S 66 degrees 46135" W and a long chord distance of 55.49 feet; along a curve to the right said curve having a long chord bearing of S 76 degrees 50106" W and a long chord distance of 396. 28 feet; along a curve to the left said curve having a long chord bearing of S 44 degrees 39112" W and a long chord distance of 305. 64 feet; S 00 degrees 20' 32" E 67 . 81 feet; thence N 61 degrees 50154" W, 148 . 67 feet; thence N 50 degrees 35112011W, 328 . 57 feet; thence N 09 degrees 59115611E, 171. 15 feet; thence N 37 degrees 43140" E, 109 . 84 feet; thence N 63 degrees 59124" E, 311. 39 feet; thence S 76 degrees 26143" E 256. 41 feet; thence N 69 degrees 43132 ' E 309 . 71 feet to the west line of said Lot 1; thence S 20 degrees 27149" E, 342 . 17 feet to the point of beginning, Containing 8 .96 acres, more or less, subject to any and all easements. SECTION II: That from and after the passage of this ordinance, the following described real property situated within the city limits of Batesville, Arkansas, now zoned R-2 , be, and hereby is re-zoned to C-2 as more specifically set out below: A tract of land located in the NW1/4 Section 23 and the SW1/4 Section 14 T-13-N, R-6-W, Batesville, Independence County, Arkansas, more particularly described as follows: Commencing at the SW corner of Section 14 , T-13-N, R-6- W; thence S 88 degrees 1210111E, 331. 961 , to the point of beginning; thence 88 degrees 12101" E, 395. 01 ; thence N 33 degrees 5114411E, 365.721 ; thence along a curve to the left (said curve having a radius of 2 390. 01 ) on a chord bearing and distance of (N 81 degrees' 2210911E, 193 .911 ; ) thence S 36 degrees 32 ' 5311E, 399 . 391 ; thence along a curve to the left (said curve having a radius of 365. 301 ) on a chord bearing and distance of S 64 degrees 02 '29"E, 337 . 28 ' ; thence S 88 degrees 2715511W, 190. 11' along a 2 , 065. 0' radius curve to the left; thence S 88 degrees 2010011W, 100. 001 ; thence S 68 degrees 3714611W, 123 .491 ; thence S 16 degrees 3011611W, 140.81 ; thence S 4 degrees 061'04" E, 457 . 231 ; thence along a curve to the right (said curve having a radius of 6,845. 681 ) on a chord bearing and distance of N 89 degrees 551W, 139 . 391 ; thence N 89 degrees 201W, 565. 181 ; thence along a curve to the right (said curve having a radius of 267 .971 ) on a chord bearing and distance of N 40 degrees 2114011W, 392 . 061 ; thence N 4 degrees 37119" E, 488. 24 ' to the point of beginning containing 20. 68 acres, more or less. LESS AND EXCEPT: TRACT A: A tract of land being a part of the Northwest Quarter of Section 23 in Township 13 North and Range 06 West in the City of Batesville, Independence County, Arkansas, more particularly described as follow: Commencing at the northwest corner of said Section 23 ; thence S 88 degrees 12 '01" E along the north line of said Section 23 a distance of 331. 96 feet to the east right of way line of Eagle Mountain Boulevard; thence S 04 degrees 37119" W along said east right of way line a distance of 234 . 47 feet to the point of beginning; thence continue S 04 degrees 37119" W along said east right of way line a distance of 253 .77 feet; thence along a curve to the left (said curve having a radius of 267 . 97 feet; a long chord bearing of S 40 degrees 2114011E and a long chord distance of 392 . 06) an arc distance of 439. 78 feet, said arc distance being along the east and north right of way line of said Eagle Mountain Boulevard; thence S 89 degrees 20' 00" E along the north right of way line of said Eagle Mountain Boulevard a distance of 565. 18 feet; thence continue along said north right of way line and along a curve to the left (said curve having a radius of 6, 845. 68 feet, a long chord bearing of S 89 degrees 55100" E and a long chord distance of 139. 39 feet) an arc distance of 139. 39 feet; thence leaving said north right of way line, N 04 degrees 06104" W a distance of 420. 00 feet; thence N 90 degrees 0010011W a distance of 469 . 23 feet; thence N 04 degrees 3711911E a 3 distance of 140. 00 feet; thence N 90 degrees 00100" W a distance of 450. 00 feet to the point of beginning. Containing 10. 0773 acres, more or less. TRACT B: A tract of land being a part of the NW1/4 of the NW1/4 of Section 23 , T13 N, R 6 W in the City of Batesville, Independence County, Arkansas, more particularly described as follows: commencing at the northwest corner of said NW1/4 , NW1/4, thence S 88 degrees 1210111E, 331. 96 feet to the east right of way line of Eagle Mountain Boulevard; thence continue S 88 degrees 12101" E, 395. 0 feet to the centerline of an existing sanitary sewer easement; thence S 09 degrees 1815311E along said centerline 224 . 26 feet; thence N 90 degrees W, 450. 0 feet to said east right of way line; thence N 04 degrees 3711911E, 234 . 47 feet to the point of beginning. Containing 2 . 2049 acres, more or less. SECTION III: That from and after the passage of this ordinance, the following described real property situated within the city limits of Batesville, Arkansas, now zoned R-2 , be, and hereby is re-zoned to R-1 as more specifically set out below: A tract of land being a part of the SW1/4 of Section 14, T 13 N, R 6 W in the City of Batesville, Independence County, Arkansas more particularly described as follows: Commencing at the southwest corner of said Section 14 ; thence East, 1973 . 34 feet; thence North 1500. 21 feet to the southwest corner of Lot 1 of Eagle Mountain Estates and the point of beginning; thence southwesterly along the north right of way line of Woodmont Circle the following: along a curve to the left said curve having a long chord being of S 66 degrees 45135" W and a long chord distance of 55. 49 feet; along a curve to the right said curve having a long chord bearing of S 76 degrees 50106" W and a long chord distance of 396. 28 feet; along a curve to the left said curve having a long chord bearing of S 44 degrees 39112" W and along chord distance of 305. 64 feet; S 00 degree 20132" E, 67 . 81 feet; thence N 61 degrees 50154" W, 148 . 67 feet; thence N 50 degrees 35120" W, 328 . 57 feet; thence N 09 degrees 59156" E, 171. 15 feet; thence N 37 degrees 43140" E, 109 . 84 feet; thence N 63 degrees 59124" E, 311. 39 feet; �r thence S 76 degrees 26143" E, 256. 41 feet; thence N 69 4 degrees 43132" E, 309.71 feet to the west line of said Lot 1; thence S 20 degrees 2714911E, 342 . 17 feet to the point of beginning; containing 8 . 96 acres, more or less, subject to any and all easements. SECTION IV: All ordinances and parts of ordinances and conflict herewith are repealed. SECTION V: EMERGENCY CLAUSE: Due to the time of the construction season and the owners desire to commence development as soon as possible and there being no known opposition to this proposal, it is deemed to be in the public peace, welfare and safety that an emergency is hereby declared. This ordinance shall be in full force and effect from and its passage. DATED this day of Q �� h,� , 1998 . �I APPROVED BY: oe Biard Mayor City of Batesville, Arkansas ATTEST: Denise Johnsto City Clerk 5