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HomeMy WebLinkAbout1992-01-01 ORDINANCE NO. J � AN ORDIANCE REZONING CERTAIN PROPERTY IN THE CITY OF BATESVI.LLE, ARKANSAS IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION NINE, TOWNSHIP THIRTEEN NORTH, RANGE SIX WEST WHEREAS, Jerry B. Taylor and K. Dianne Taylor, his wife, d/b/a Taylor Associates, individually on their own behalf and on behalf of Shirley Wilson, filed before the Batesville Planning Commission a request for a change in zoning from R-1 to C-2 for the following described lands in Independence County, Arkansas, to-wit: TRACT 1 : A part of the West Half of the Southeast Quarter of Section Nine ( 9 ) , Township Thirteen ( 13 ) North, Range Six ( 6 ) West, described by metes and bounds as follows: Starting at an iron stake on • the North side of East Main Street, Batesville, Arkansas, where said street changes its bearing from North 53-1/2 degrees East to due East, large white oak 2-1/2 feet in diameter bearing West 28 feet from said stake; thence South 50-1/2 degrees West 432 feet to a point, which is the place of beginning of the property herein conveyed; thence South 38-1/2 degrees East 300 feet to a point; thence South 53-1/2 degrees West 60 feet to corner, thence North 38-1/2 degrees West 300 feet to corner, thence North 53-1/2 degrees East 60 feet to the place of beginning, being a parcel of land fronting on Main Street, City of Batesville, Arkansas and being the same property that was conveyed to Frank W. Ketchum and Rose P. Ketchum, his wife, on September 24th, 1949, by deed of record in Deed Book I-6 , page 596. TRACT 2 • A part of the West Half of the Southeast Quarter of Section Nine ( 9 ) , Township Thirteen ( 13 ) North, Range Six ( 6 ) West, described by metes and bounds as follows: Starting at an iron stake on the North side of East Main Street, Batesville, ® Arkansas, where said street changes its bearing from North 53-1/2 degrees East to due East, large 40 white oak 2-1/2 feet in diameter bearing West 28 feet from said stake, thence South 50-1/2 degrees West 352 feet to the Northwest corner of property of E. 0. Craig which is the place of beginning of the parcel herein conveyed; thence South 38-1/2 degrees East 300 feet to a stone, thence South 53-1/2 degrees West 80 feet to corner, thence North 38-1/2 degrees West 300 feet to corner, thence North 53-1/2 degrees East 80 feet to the place of beginning, being a parcel of land fronting on Main Street 80 feet, and extending back 300 feet, and including the property on which the home of the grantor is presently located. This is the same property that was conveyed by George L. Bevens on September 30, 1949, to Frank W. Ketchum and Rosa P. Ketchum, his wife, in Deed Book I-6 at Page 614. TRACT 3• A part of the West Half of the Southeast Quarter of Section Nine ( 9 ) , Township Thirteen ( 13 ) North, Range Six ( 6 ) West, described thus: Commencing at the Quarter Section Corner of © Section 16 and 9, said Township and Range, thence North 89 degrees East along said Section Line 297 feet; thence North 52 degrees 45' East 314 feet to the beginning corner of the parcel of land herein conveyed; thence North 52 degrees 45' East 70 feet to the Southwest Corner of the George Bevens ' land; thence North 38°10' West and along the West line of said Bevens ' land 300 feet to the South Line of extension of Main Street in the City of Batesville, Arkansas; thence South 52045 ' West and along the South Line of said Main Street 70 feet to the Northeast Corner of the Mobley property; thence South 38010 ' East and along the East line of said Mobley tract 300 feet to the place of beginning . Said lands being the same lands conveyed by deed dated November 13, 1947 and of record in Deed Record Book "F-6" at Page 417 of the Deed Records in and for Independence County, Arkansas; and WHEREAS, a public hearing on said requested change was set before the Batesville Planning Commission on Tuesday, January 7, 1992 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 all or a quorum of commissioners were present; and WHEREAS, Jerry D. Taylor and K. Dianne Taylor, his wife, individually and on behalf of Shirley Wilson, 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 January 7, 1992 all interested parties appeared, and after a full and complete hearing, and upon motion duly made and seconded, that the • requested zoning change be granted and that the property be recommended to the City Council to be rezoned from R-1 to C-2 and with a unanimous vote in favor of said motion, the Batesville Planning Commission did approve and recommend the proposed zoning change of the above captioned property from R-1 to C-2 ; and WHEREAS, the Batesville Planning Commission adopted a written resolution recommending the zoning change and incorporated therein its reasons for the change; and WHEREAS, after all due notices as required by law, the recommendation of the City Planning Commission for rezoning of the above captioned lands from R-1 to C-2 was set to be presented to the Batesville City Council on January 14 , 1992; and WHEREAS, the Batesville City Council has heard all persons desiring to be heard on the question and has determined that the above 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: Section 1. That the lands described above should be and hereby are rezoned from R-1 to C-2 . Section 2. That a copy of this Ordinance duly filed by the City Clerk shall be filed in the Office of the Recorder of the Circuit Clerk of Independence County, Arkansas and recorded in Deed Records of said County and published in accordance with Ark. Code Ann. X14-55-206. PASSED this 14th day of January, 1992. /JIM BARNETT, Mayor ATTEST: �l- ENISE JOHNS ON, City Clerk