HomeMy WebLinkAbout1985-07-01 ORDINANCE NO. S5 -1 - 1
AN ORDINANCE ESTABLISHING THE CITY OF BATESVILLE,
ARKANSAS STREET, RECREATION FACILITY, WATER AND
SEWER MUNICIPAL IMPROVEMENT DISTRICT NO. 2 AND
DECLARING AN EMERGENCY.
WHEREAS, the parties claiming to be the owners of more than
majority in value, as shown by the last county assessment , of
the real property within the limits of the proposed municipal
improvement district hereinafter described have filed a petition
(the "Petition" ) praying that a municipal improvement district
be established for the purposes hereinafter described; and
WHEREAS, after due notice as required by law, the City
Council of the City of Batesville, Arkansas , has heard all
parties desiring to be heard and has ascertained that said
Petition is signed by the owners of more than a majority in
value, as shown by the last county assessment , of the real
property within the limits of the proposed municipal improvement
district;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS :
SECTION 1 : There is hereby established a municipal
improvement district (the "District" ) embracing the real
property described below:
A tract of land being a part of Section 14 , Section 15 ,
Section 23 and Section 26 in Township 13 North, Range 6
West of the 5th Principal Meridian, Independence County,
Arkansas , more particularly described as follows :
Beginning at the corner to Sections 14 , 15 , 22 and 23 of
said Township 13 North, Range 6 West; thence run South
along the West line of said Section 23 to a point that
is 775 feet North of the Southwest Corner of said
Section 23; thence run S 82020 ' E, a distance of 1 , 005 . 6
feet; thence run S 62050 ' E, a distance of 960 . 2 feet;
thence run S 49017 ' E, a distance of 344 . 7 feet ; thence
run S 40016 ' E, a distance of 434 . 9 feet; thence run S
14038 ' E, a distance of 300 . 6 feet; thence run S 29029 '
E, a distance of 321 . 7 feet ; thence run S 02°36 ' E , a
distance of 119 . 2 feet; thence run N 72002 ' E , a
distance of 150 . 2 feet; thence run S 49012 ' E, a
distance of 593 . 2 feet; thence run S 48042 ' E, a
distance of 314 . 3 feet to the left bank of the white
River ; thence run Easterly along said left bank to the
East line of the SW 1/4 of the NE 1/4 of said Section
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26 ; thence run Easterly along said left bank, a distance
of 400 feet; thence run Northerly to a point that is 400
feet East of the Northwest Corner of the SE 1/4 of the
SE 1/4 of said Section 23 ; thence run West along the
North line of said SE 1/4 SE 1/4 , 400 feet ; to the
Northwest Corner of said SE 1/4 SE 1/4 ; thence run North
along the East line of the West Half of the East Half of
said Section 23 , a distance of 3 , 281 feet to a point
that is 821 feet South of the Northeast Corner of the
NW 1/4 NE 1/4 of said Section 23 ; thence run East , a
distance of 686 feet to the West line of Gap Road;
thence run N 09015 ' W along said West line, a distance
of 2 , 750 feet; thence run West , a distance of 214 feet
to an iron post in a fence line on the East line of the
N-W 1/4 SE 1/4 of said Section 14 ; thence run North along
said East line, a distance of 792 feet to the Northeast
Corner of said NW 1/4 SE 1/4 ; thence run West along the
North line of the South Half of said Section 14 , a
distance of 2 , 224 feet; thence run S 17030 ' E, a
distance of 715 feet; thence run S 72030 ' W, a distance
of 2310 feet; thence run S 17030 ' E, a distance of 58
feet to a point that is 25 feet North of a bulldozed
road; thence run along said road as follows : S 83°40 '
W, 25 feet; S 730 W, 100 feet; S 660 W, 100 feet; S 710
W, 100 feet; N 790 W, 100 feet; N 780 W, 100 feet; N 770
W, 100 feet ; N 70030 ' W, 100 feet; N 800 W, 100 feet; N
83030 ' W, 100 feet; West 100 feet; S 77030 ' W, 100 feet;
S 680 W, 100 feet; thence leaving said road run S 58030 '
W, 144 feet; thence run N 620 W, 60 feet; thence run S
300 W, 104 feet; thence run N 600 W, 155 feet to the
Southeast R/W Line of Arkansas Highway 69; thence run
along said Southeast R/W Line as follows : S 280 W, 252
feet; S 290 W, 200 feet; S 350 W, 200 feet ; S 430 W, 50
feet; S 490 W, 150 feet; S 60030 ' W, 200 feet ; S 73°30 '
W, 200 feet ; S 85030 ' W, 200 feet to a point that is 675
feet West of the East line of said Section 15 , thence
run South and parallel to said East line to the South
line of said Section 15; thence run East along said
South line, a distance of 675 feet to the Point of
Beginning. Containing 805 acres, more or less .
LESS AND EXCEPT
A tract of land being a part of the NW 1/4 of the SE 1/4
and a part of the SW 1/4 of the SE 1/4 of Section 14 in
Township 13 North, Range 6 West of the 5th Principal
Meridian in Independence County, Arkansas more
particularly described as follows :
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Commencing at the Northwest Corner of said SW 1/4
SE 1/4 ; thence run S 49040 ' 28" E, a distance of 242 . 36
feet to the Point of Beginning (POB) ; thence run N
41018 ' 14" E, a distance of 821 . 24 feet; thence run S
48041 ' 46" E, a distance of 500 . 00 feet; thence run S
41018 ' 14" W, a distance of 951 . 25 feet to the Northeast
R/W Line of a road; thence run N 30022 ' 46" W along said
Northeast R/W Line, a distance of 407 . 89 feet; thence
beginning on N 30022 ' 46" W on a curve to the left having
a 188 . 68 foot radius along said Northeast R/W Line, an
arc distance of 114 . 54 feet to the Point of Beginning.
Containing 10 . 00 Acres , more or less, (bearings assumbed
from Woodland Heights Addition plat ) .
SECTION 2 : The District is formed for the purpose of doing
all or any part of those things enumerated as powers of
municipal improvement districts in Ark . Stat . Ann. §§20-101 et .
seq. (Act 84 of 1881 , as amended) (the "Act" ) which purposes and
powers of the District shall include but not be limited to
opening, grading ' or otherwise improving streets and alleys ,
buying of existing waterworks , construction of waterworks ,
buying existing sewer systems, construction of sewers ,
sidewalks, off-street parking for vehicles , recreational areas ,
or the making of any other local improvement of a public nature
permitted by the Act, and the maintaining, repairing and
operating of any such improvements .
SECTION 3 : The District shall be known as the "City of
(W Batesville, Arkansas Street , Recreation Facility, Water and
Sewer Municipal Improvement District No . 2 . "
SECTION 4 : William M. Seeger, Jack Plumlee and Dan C. West
are hereby named Commissioners of the District , and shall
comprise the Board of Improvement for the District . Each is a
property owner in the District as required by the Act .
SECTION 5 : The provisions of this Ordinance are severable .
If any provision hereof should be held to be invalid or
inapplicable to any person or circumstance, such holding shall
not affect the validity or applicability of the remainder hereof .
SECTION 6 : It is hereby found and determined that there is
immediate need for additional streets , recreational facilities
and sanitary water and sewer systems within the District .
Therefore, an emergency is declared to exist , and this
Ordinance, being necessary for the preservation of the public
peace, health, and safety, shall take effect and be in force
from the date of its approval .
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SECTION 7 : This ordinance shall be published, one time ,
within thirty days of adoption, in a newspaper of general
circulation within Batesville, Arkansas .
ADOPTED this 9th day of July, 1985 .
APPROVED:
Mayor
ATTEST :
G��
City Clerk
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