HomeMy WebLinkAbout1991-07-01 ORDINANCE NO. 91-7-.1
AN ORDINANCE ACCEPTING THE ANNEXATION
OF CERTAIN TERRITORY TO THE CITY OF BATESVILLE,
ARKANSAS, AND MAKING THE SAME A PART OF THE
CITY OF BATESVILLE, AND ASSIGNING SAME TO WARDS.
WHEREAS, petition was filed with the County 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 10th day of June, 1991, the County Court of
Independence, 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 has 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
`Aw CITY OF BATESVILLE, ARKANSAS:
low -
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, Section 9, Township 13 North, Range 6 West and
described as follows :
Commencing at the intersection of the South Right-of-
Way of Buckeye Street and the West Right-of-way line of
McGuire Street as the point of beginning; thence South 01
degrees 27 minutes West 176 .04 feet; thence North 84 degrees
33 minutes West 248.27 feet; thence North 19 degrees 19
minutes 28 seconds West 174 . 20 feet; thence South 87 degrees
26 minutes 05 seconds East 100 feet; thence North 79 degrees
11 minutes 36 seconds East 195. 9 feet to the point of
beginning, containing 1 . 0 acre, more or less.
Section 2 . That the above described territory shall be
annexed to and made a part of Ward 2-g of the City of
Batesville, and the same shall henceforth be a part of said ward
as fully as existing parts of said ward.
Passed and approved this 9th day of Judy 1991.
APPROVED: J
Mayor
ATTEST: r1-40
Clerk or Rec
IN THE.'COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS
(W
IN THE MATTER OF THE ANNEXATION OF
CERTIAN LANDS IN SECTION 9, TOWNSHIP
13 NORTH, RANGE 6 WEST, TO THE CITY
OF BATESVILLE
ORDER FOR ANNEXATION
Subject to the Acceptance by the Municipality of
Batesville, Arkansas
Now upon this 10th day of June 1991, comes on to be heard the petition
of Virgil J Butler III for annexation of certain lands to the City of Batesville,
Arkansas, wherein the petitioner appears in person, and the matter is presented
upon the testimony, pleadings and exhibits of the petitioner, from which the
Court finds:
1 . That the Court has jurisdiction over the parties to and the subject
matter of this proceeding.
2. That petition is the owner of the following described lands, situated
in Independence County, Arkansas, to-wit:
i
A part of the Northeast Quarter of the Northeast Quarter, Section 9,
Township 13 North, Range 6 West and described as follows: Commencing
at the intersection of the South Right-of-Way of Buckeye Street and the
West Right-of-Way line of McGuire Street as the point of beginning; thence
North 84 degrees 33 minutes West 248.27 feet; thence North 19 degrees 19
minutes 28 seconds West 174.20 feet; thence South 87 degrees 26 minutes
05 seconds East 100 feet; thence North 79 degrees 11 minutes 36 seconds
East 195.9 feet to the point of beginning; containing 1.0 acre more or
less.
3. That the petitioner is the owner of 100% of the lands above described
in both percentage of acreage and value.
I
4. That the description in paragraph 2 above accurately describes the
limits of the territory to be annexed.
5. That the hearing of this cause was set for June 10, 1991, at 10:00 a.m.
in the County Judges Office, County Courthouse, Batesville Arkansas by order of
this Court entered on May 13, 1991, and that notice of the hearing was pub-
lished in the Batesville Guard on May 15, 1991, May 22, 1991, and May 29, 1991,
and that proof of publication has been filed herein; that the Batesville Guard
�I �a�
is a newspaper of bona fide circulation in Independence County, Arkansas, as
required by law.
6. That no person appears to object to the proposed annexation.
7. That the lands above described should be annexed to the City of
Batesville, Arkansas, subject to the acceptance thereof by the City Council
of Batesville, Arkansas.
NOW, THEREFORE, IT IS HEREBY CONSIDERED, ORDERED AND ADJUDGED that the above
described lands be and the same are hereby annexed to the City of Batesville,
Arkansas, subject to acceptance by the City of Batesville, Arkansas.
10
David Wyatt, ounty Judge
LED
(, JUN 211991
MARGARET BOOTHBY
COUNTBATE CLERK
......................D.C.
The Guard-Record Co. Inc.
PUBLISHERS OF THI; DAILY GUARD
MONDAY THRU FRIDAY
BATESVILLE, ARKANSAS
PROOF OF PUBLICATION STATE OF ARKANSAS,
ss. FIDAVIT
County of depende e
IN THE COUNTY COURT OF ,
INDEPENDENCE COUNTY, ARKANSAS I. ••••••• ereby certify that I am the (editor),
......
IN THE MATTER OF ANNEXATION OF` (proprietor (man ger) of the ............. B ESVILLE GUARD. .................... a newspaper
CERTAIN LANDS IN SECTION 9 IN
TOWNSHIP 13 NORTH, RANGE 6, published at regular intervals ontinuously at Batesville, Independence County, Arkansas,
WEST for more than a period of twelve months, circulated and distributed from an established
NOTICE OF HEARING place of business to subscribers and readers generally of all classes in the City and County
for a definite price for each copy, or a fixed price per annum, which price was fixed at
Please take notice and be advised that what is considered the value of the publication, based upon the news value and service
Virgil J. Butler III has filed herein his value it contains; that at least fifty per cent of the subscribers thereto have paid cash for
petition for annexation of the following then' subscription to the newspaper or its agents or through recognized news dealers over
described lands situated in Indepen a period of at least six months; and that the said newspaper publishes an average of
dence County, Arkansas, to wit: more than forty per cent news matter.
A part of the Northeast Quarter of the. I further certify that the legal notice hereto attached was published in said newspaper
Northeast Quarter,Section 9, Township for .._.�......... consecutive insertions as follows: f� Q I
13 North,Range 6 West and described as The first insertion on the .../.E-1......... day of .m. A... . 19..i...4...., the second in-
follows:Commencing at the intersection l U
of the South Right-of-Way of Buckeye sertion on the ...:L.) .... day of ..M.. ,......, 19 '...1...., the third insertion on the
Street and the West Right-of-Way line of qq //�� (� I
McGuire Street as the point of beginning; •••a••a••••••••• day of.....0..1,. 19.9..1.. d the fourth insertion onTe ........................
thence South 01 degrees 27 minutes
day of ....... ....................... 19.............
West 176.04 feet; thence North 84 de=
grees 33 minutes West 248.27 feet, ................ ... .. . �, .,..
thence North 19 degrees 19 minutes 28
seconds West 174.20 feet;thence South /1
87 degrees 26 minutes 05 seconds East Sworn to and subscribed before me .s .. .6,�., y of a•....�'. �� , 1 ., ,.�.,,
100 feet; thence North 79 degrees 11 o
minutes 36 seconds East 195.9 feet to the j _,G� � """""""' "'""""""'
point of beginning containing 1.0 acre My Commission expir J/........... / ..........................
more or less. + d
A;Oiurt
the City of Batesville,Arkansas. The. Publication fees, �. .1 .e.. Q.. Received payment ........................... 19
tition shall be presented to the County; ..............................................................................._.......................
of Independence 'County`,:Arkan
sas,`at 9 o'clock A.M.on the 10th day of
:June,1991,in the County Judges Office,
Independence . County Courthouse,
Batesville, Arkansas.
GIVEN this 14th day of May,.1991_
Margaret Boothby
County Clerk'
The ward-Record Co. Inc.
G� PUBLISHERS OF TUB DAILY GUARD
MONDAY THRU FRIDAY
BAT_ESVILLE,_ARKANSAS
PROOF OF PUBLICATION STATE O S
IN THE COUNTY COURT OF County of I end fie'SS•
INDEPENDENCE COUNTY, ARKANSASu j
IN THE MATTER OF ANNEXATION OF I. •.••.•••••. ••.................................. ................ ......... hereby certify that I am the (editor),
CERTAIN LANDS IN SECTION 9 IN (proprietor) (manager) of the .................... BATESVILLE GUARD• .................... a newspaper
TOWNSHIP 13 NORTH, RANGE 6
WEST published at regular intervals continuously at Batesville, Independence County, Arkansas,
NOTICE OF HEARINGfor more than a period of twelve months, circulated and distributed from an established
Please take notice and be advised that place f business
u tee rice subscribers
ube si rs and readers generally of all classes in the City and County
P copy, or a fixed price per annum, which price was fixed at
Virgil J. Butler III has filed herein his what is considered the value of the publication, based upon the news value and service
petition for annexation of the following value it contains; that at least fifty per cent of the subscribers thereto have paid cash for
described lands situated in Indepen- their subscription to the newspaper or its agents or through recognized news dealers over
dence County, Arkansas, to wit: a period o1 at least six months; and that the said newspaper publishes an average of
Apart of the Northeast Quarter of the more than forty per cent news matter.
I further certify that the legal notice hereto attached was published in said newspaper
Northeast Quarter, Section 9, Township >
13 North,Range 6 Westand described as for .._;?......... consecutive insertions as follows:
follows:Commencing at the intersection L- //'�``� + L, t
The first insertion on the ... /. n.? day of .1........:: .::...:a......., 19..�...�...., the second in
of the South Right-of-Way of Buckeye � •/••`••••••;��• U
Street and the West Right-of-Way line of sertion,on the ....: :.7....... day of ... y..l. .: ........ 19 ...I...., the third insertion on the
McGuire Street as the point of beginning; _`) C� �y
thence South 01 degrees 27 minutes T^ a••••••••• day of .....f �la, ......, 19..:.1..1... d the fourth insertion on a ........................
West 176.04 feet; thence North 84 do-
grees 33 minutes West 248.27 feet, day of ................... . ,
thence North 19 degrees 19 minutes 28
seconds West 174.20 feet;thence South ................. .... .... ... ..... ........... UA...
87 degrees 26 minutes 05 seconds East
.100 feet; thence North 79 degrees 11 Sworn to and subscribed before me .`1... y of r...a: .(...:..., 19..C.......
minutes 36 seconds East 195.9 feet to the � ��•. ;,�1 ��: �-,v c_
point of beginning, containing 1.0 acre �,_ . .. .....h:.r.: ........s...... .. ......4�.:........................_..........
L
_more or less. My Commission expires J
'to the City of Batesville,Arkansas. The ;,✓ Received payment ............................................. 19
^�tition shall be presented to the County Publication fees, ;..c ..r.. ..........-. ,
.irt of Independence County, Arkan- ...............................................................................-.......................
at 9 o'clock A.M.on the 10th day of
June;.1991,in the County Judges Office,
Independence County Courthouse,,
Batesville, Arkansas.
GIVEN this 14th day of May,,1991.
Margaret Boothby
County Clerk
• IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS
IN THE MATTER OF ANNEXATION
OF CERTAIN LANDS IN SECTION 9 , NO. CO-91-01
TOWNSHIP 13 NORTH, RANGE6 WEST,
TO THE CITY OF BATESVILLE
ORDER FOR SETTING OF HEARING
Now upon this the 13th day of May, 1991 , is presented to
the Court the matter of setting of the hearing for the annexation
petition of Virgil J. Butler III filed herein, and, the premises
considered, it is hereby considered, ordered, and adjudged that
the petition for annexation should be and is hereby set for hear-
ing in the County Judge ' s Office in the Independence County Court-
house, in Batesville, Arkansas, on the 10th day of June, 1991 ,
at 10 : 00 A.M.
v
Da id Wyat County Judge
FILA
MAY 41991
G
A
NrY T �..
d
j�,�G
IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS
i
IN THE MATTER OF ANNEXATION OF
CERTAIN LANDS IN SECTION 9 IN
TOWNSHIP 13 NORTH, RANGE 6 WEST
NOTICE OF HEARING
Please take notice and be advised that Virgil J. Butler 111 has filed
herein his petition for annexation of the following'-'-described lands situated
in Independence County, Arkansas, to wit:
A part of the Northeast Quarter of the Northeast Quarter , Section
9, Township 13 North, Range 6 West and described as follows: Commencing
at the intersection of the South Right-of-Way of Buckeye Street and the
West Right-of-Way line of McGuire Street as the point of beginning; thence
South 01 degrees 27 minutes West 176.04 feet; thence North 84 degrees 33
minutes West 248.27 feet, thence North 19 degrees 19 minutes 28 seconds West
174.20 feet; thence South 87 degrees 26 minutes 05 seconds East 100 feet;
thence North 79 degrees 11 minutes 36 seconds East 195.9 feet to the point
of beginning, containing 1 .0 acre more or less.
to the City of Batesville, Arkansas. the petition shall be presented to the
(W County Court of Independence County, Arkansas at 9 o' clock A. M. on the
10th day of June 1991, in the County Judges Office, Indep-
endence County Courthouse, Batesville, Arkansas.
GIVEN this 14th day of May 1991 .
Marg ret Bof by, County Clerk
PETTTION FOR ANNEXATION
Comes now Virgil J . Butler ill, who for his petition
hereby states and alleges as follows:
1. That he is the owner of the following described
property situated in Independence County, Arkansas,
to-wit:
A part of tae Northeast Quarter of the Northeast Quarter,
Section 9, Township 13 North, Range 6 West and described
as follows: Commencing at the intersection of the South
Right-of-way of Buckeye Street and the West Right-of-way
• line of ;JcGuire Street as the point of beginning; thence
South 01 degrees 27 minutes West 176. 04 feet; thence North
84 . degrees 33 minutes West 243. 27 feet; thence North 19
degrees 19 minutes 23 seconds west 174. 20 feet; thence
South 37 degrees 26 minutes 05 seconds East 100 feet;
thence North 79 degrees 11 minutes 36 seconds East 195. 9
feet to the point of beginning, containing 1 . 0 acre
more or, less.
2. That he is the owner of one hundred percent (100 :) of
the land which constitutes the subject matter of this petition,
and that he constitutes a unanimity of the ownership of said
lands.
3. That he petitions for the annexation of the lands
described herein above to the City of Batesville, Arkansas;
that the desription in paragraph 1 above accurately describes
• the Limits of the territory to be annexed.
4. That. the Court should set a date for a. hearing ori
said petition not less than thirty (30) days from the date of
E
II
filing hereof, and should order notice thereof to be published
in accordance with the laws of the State of Arkansas.
5. That the Court, upon hearing, should enter its order
annexing the property above described to the City of Batesville,
Arkansas, subject to acceptance by the City Council for the City
of Batesville, Arkansas.
WHEREFORE, petitioner prays that an order be enterd set-
ting the petition for hearing, after notice duly published in
accordance with the laws of the State of Arkansas; that the
petition be heard, -that the lands desribed herein be annexed to
the City of Batesville, Arkansas, subject to acceptance by the
City Council for the City of Batesville, Arkansas, and confir-
mation upon acceptance by this Court.
C
Vi gil . Butler III
LED
i
p AY 4 61991
............o.
MARGARE r s00TATE cH RK
COUNT
�Is.l••................D.C.
i
i
• VERIFICATION
Comes now Virgil J. Butler III, Petitioner herein, and states
on oath that he has read the above and foregoing instrument and
that the facts as set forth therein are true and correct to the
best of his knowledge, information and belief.
STATE OF ARKANSA
COUNTY OF
SUBSCIBED and SWORN to before me on this day of
, 1991 .
No ary P lic
My Commission Expires:
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LEGEND /•
if - Proposed Annexation Limits k
— Present Batesville City Limits