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HomeMy WebLinkAbout1985-11-04 e ORDINANCE # � AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF BATESVILLE, ARKANSAS, SAID REAL PROPERTY BEING COMPLETELY SURROUNDED BY THE CORPORATE LIMITS OF THE CITY OF BATESVILLE, ARKANSAS, AND SAID REAL; PROPERTY BEING LOCATED IN SECTION 15, TOWNSHIP 13 NORTH, RANGE 6 WEST, AND SECTION 22, TOWNSHIP 13 NORTH, RANGE 6 WEST, AND SECTION j14 , TOWNSHIP 13 NORTH, RANGE 6 WEST; AND FOR OTHER PURPOSES: !BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, 'ARKANSAS AS FOLLOWS: i 'SECTION 1 : That the following described real property is hereby f annexed to the City of Batesville, Arkansas : TRACT l : Apart of the Southwest Quarter of Section 15 , Township 13 North, Range 6 West, Independence County, described by metes and bounds as follows : Commencing at the Southwest corner of the Northwest Quarter of the Northwest Quarter of Section 22, Township 13 North, Range 6 West, thence run North 1540 links to the Southwest corner of the Batesville Country Club property; thence run North 85 degrees East a distance of 641 feet; thence run North 9 degrees 30 minutes East 111 feet; thence run North 31 degrees 45 minutes East 186 feet; thence run North 12 degrees 15 minutes East 176 feet, more or less, to the South Boundary line of Section 15 , Township 13 North, ® Range 6 West, and the point of beginning of the lands herein described; thence run North 4 degrees East 200 feet; thence North 22 degrees 30 minutes East 174 feet, thence run North 55 degrees 30 minutes East 300 feet; thence run North 77 degrees 15 minutes East 153 feet; thence run North 52 degrees 30 minutes East 215 feet; thence run North 57 degrees East 172 feet; thence run North 45 degrees East 280 feet; thence run North 14 degrees 30 minutes West 234 feet; thence run North 17 degrees East 289 feet; thence run North 69 degrees 15 minutes East 112 feet; thence run North 19 degrees East 796 feet to the Northeast corner of the Batesville Country Club property; thence run East to a point on the Southwest line of Highway # 69 ; thence run Southeasterly along said right of way line to the East line of the Southwest Quarter of Section 15 ; thence run South along said East line of the Southwest Quarter to the Southeast corner of the Southwest Quarter; thence run West along the South line of Section 15 to the point of beginning. LESS AND EXCEPT THE FOLLOWING: Beginning at the Northeast corner of the Northwest Quarter of the Northwest Quarter of Section 22 , Township 13 North, Range 6 West, Independence County, Arkansas, and run thence South 86 degrees West 200 feet; thence North 4 degrees West 40 feet; thence North 78 degrees West 350 feet to the branch; thence along the branch South 19 degrees West 300 feet; thence South 15 degree • West 200 feet; thence North 86 degrees East 680 feet; thence North 4 degrees West 364 feet to the Point of Beginning, containing 5. 90 acres, more or less. 0 . 64 acres in the Southwest Quarter of the Southwest Quarter of Section 15 and 5 . 26 acres in the Northwest Quarter of the Northwest Quarter of Section 22 , Township 13 North, Range 6 West. TRACT 2 : A part of the Southeast Quarter of Section 15, Township 13 North, Range 6 West, Independence County, Arkansas , described by metes and bounds as follows : Beginning at a point 426 feet West and 238 feet- North of the Southeast corner of the Southwest Quarter of the Southeast Quarter of Section 15 , Township 13 North, Range 6 West; thence run North 0 degrees 0 minutes 208 . 6 feet; thence run East 161 . 70 feet; thence North 28� degrees East 165 feet; thence East 112 . 20 feet; thence North 24 degrees East 450 .12 feet to Highway # 69 ; thence run in a Northwesterly direction along the South line of Highway # 69 a distance of 370 feet to the Northwest corner of the property owned by Earl and Effie McDonald, as described in a deed recorded in deed record book "C-8" at pages 95-96 ; thence run South 28 degrees 15 ® minutes West to a point on the Northeast boundary line of the property owned by Stanley J. Dombroski and Charles L. Dombroski, his wife, as described in a deed recorded in deed record book "U-12" at pages 547-548 ; thence run in a Northwesterly direction along said property line to the Northwest corner of the Dombroski property; thence run South 26 degrees 30 minutes West 320 feet; thence run South 43 degrees 10 minutes East 316 feet; thence run South 59 degrees 03 minutes East 188 feet to the point of beginning of this tract. TRACT 3 : The South Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 22 , Township 13 North, Range 6 West, Independence County, Arkansas. TRACT 4 : Commencing at the corner to Sections 14 , 15, 22 and 23, Township 13 North, Range 6 West, Independence County, Arkansas, and run North 1203 feet to the South line of State Highway #69 ; thence along said highway North 43 degrees East 50 feet; thence North 35 degrees East 200 feet; thence North 29 degrees East 200 feet; thence North 28 degrees East 252 feet to the corner of the Brown Concrete Plant Tract and the point of beginning of the lands herein described; thence along said tract South 60 degrees East 155 feet; thence North 30 degrees East 104 feet; thence • South 62 degrees East 60 feet; thence North 582 degrees East 144 feet to West line of a bulldozed road 25 feet North of the centerline thereof ; thence North 68 degrees East 100 feet; thence North 772 degrees East 100 feet; thence East 100 feet; thence South 832 degrees East 100 feet; thence- South 80 degrees East 100 feet; thence South 702 degrees East 100 feet; thence South 77 degrees East 100 feet; thence South 78 degrees East 100 feet; thence South 79 degrees East 100 feet; thence North 71 degrees East 100 feet; thence North 66 degrees East 100 feet; thence North 73 degrees East 100 feet; thence North 83 degrees East 40 feet to a point 25 feet North of the bulldozed road; thence North 172 degrees West 58 feet; thence North 722 degrees East 210 feet; thence North 172 degrees West 715 feet to the east-west centerline of Section 14 , Township 13 North, Range 6 West; thence West along said quarter section line to the South east right of way line of Highway #69 ; thence run in a Southwesterly direction along said East Right of Way line to the point of beginning. SECTION 2 : That said real property is surrounded entirely by the corporate limits of the City of Batesville and this Ordinance is dopted pursuant to Ark. Stat. Ann. §19-337 et. seq. SECTION 3 : That public notice of this annexation has been given by ® ublication of a legal notice in the Batesville Guard and noti- fication by certified mail to all real property owners within the rea to be annexed has been given and a public hearing was conducte by the City Council of the City of Batesville, Arkansas on the /z qday of 1985, all pursuant to Arkansas law. (SECTION 4 : That the services to be provided to the annexed area dare as follows : Police protection by the metro division of the .:Independence County Sheriff ' s Department; fire protection by the Batesville Fire Department; weekly curbside trash and garbage pick- , up (a fee is charged for this service whether the service is used o not) ; street and road maintenance. ECTION 5 : The real property annexed complies with the standards or lands qualifying for annexation as set forth in SECTION 1 of Act 298 of 1971, as amended (Ark. Stat. Ann. §19-307 .1 ) . ii (SECTION 6 : If any part or parts of this Ordinance shall be declare unconstitutional or otherwise unlawful by any Court of competent jurisdiction, then that part or parts of said Ordinance declared to e unconstitutional or otherwise unlawful shall be severed from thi rdinance and all other portions of this Ordinance shall remain in fU ll force and effect as if those portions declared unlawful or z e ( unconstitutional were never a part thereof. . SECTION 7 : That the entire area annexed by this Ordinance is hereby assigned to Ward One (1 ) of the City of Batesville, Arkansas. i I PASSED AND APPROVED this day of A 1985 . I I � hir e 1, Mayor ATTEST: I „Larry Williams, City Clerk I i I I i 1 i i ( I I f I i�i I� I� it I� I� 1 NOTICE Notice is hereby given that the City Council of the City of Batesville, Arkansas , will on the day of 1985 , conduct a Public Hearing pursuant to Ark. Stat. Ann. §19-337 et. seq. in connection with the annexation of certain tracts of land which are surrounded by the corporate limits of the City of Batesville, Arkansas, said tracts of land being more particularly described as follows : TRACT 1 : A part of the Southwest Quarter of Section 15 , Township 13 North, Range 6 West, Independence County, described by metes and bounds as follows : Commencing at the Southwest corner of the Northwest Quarter of the Northwest Quarter of Section 22 , Township 13 North, Range 6 West, thence run North 1540 links to the Southwest corner of the Batesville Country Club property; thence run North 85 degrees East a distance of 641 feet; thence run North 9 degrees 30 minutes East 111 feet; thence run North 31 degrees 45 minutes East 186 feet; thence run North 12 degrees 15 minutes East 176 feet, more or less, to the South Boundary line of Section 15, Township 13 North, Range 6 West, and the point of beginning of the lands herein described; thence run North 4 degrees East 200 feet; thence North 22 degrees 30 minutes East 174 feet; thence run North 55 degrees 30 minutes East 300 feet; thence run North 77 degrees 15 minutes East 153 feet ; thence run North 52 degrees 30 minutes East 215 feet; thence run North 57 degrees East 172 feet; thence run North 45 degrees East 280 feet; thence run North 14 degrees 30 minutes West 234 feet; thence run North 17 degrees East 289 feet; thence run North 69 degrees 15 minutes East 112 feet ; thence run North 19 degrees East 796 feet to the Northeast corner of the Batesville Country Club property; thence run East to a point on the Southwest line of Highway # 69 ; thence run Southeasterly along said right of way line to the East line of the Southwest Quarter of Section 15 ; thence run South along said East line of the Southwest Quarter to the Southeast corner of the Southwest Quarter ; thence run West along the South line of Section 15 to the point of beginning. LESS AND EXCEPT THE FOLLOWING: B,-:-ginning at the Northeast corner of the Northwest Quarter of the Northwest Quarter of Section 22 , Township 13 North, Range 6 West, Independence County, Arkansas , and run thence South 86 degrees West 200 feet; thence North 4 degrees West 40 feet; thence North • 78 degrees West 350 feet to the branch; thence along the branch South 19 degrees West 300 feet ; thence South 15 degrees West 200 feet; thence North 86 degrees East 680 feet; thence ® North 4 degrees West 364 feet to the Point of Beginning, containing 5 . 90 acres , more or less . 0 . 64 acres in the Southwest Quarter of the Southwest Quarter of Section 15 and 5 . 26 acres in the Northwest Quarter of the Northwest Quarter of Section 22 , Township 13 North, Range 6 West. TRACT 2 : A part of the Southeast Quarter of Section 15 , Township 13 North, Range 6 West, Independence County, Arkansas, described by metes and bounds as follows : Beginning at a point 426 feet West and 238 feet North of the Southeast corner ofthe Southwest Quarter of the Southeast Quarter of Section 15 , Township 13 North, Range 6 West; thence run North 0 degrees 0 minutes 208 . 6 feet; thence run East 161 . 70 feet; thence North 282 degrees East 165 feet; thence East 112 . 20 feet; thence North 24 degrees East 450 . 12 feet to Highway # 69 ; thence run in a Northwesterly direction along the South line of• Highway # 69 a distance of 370 feet to the Northwest corner of the property owned by Earl and Effie McDonald, as described in a deed recorded in deed record book "C-8" at pages 95-96 ; thence run South 28 degrees 15 minutes West to a point on the Northeast boundary line of the property owned by Stanley J. Dombroski and Charles L. Dombroski , his wife, as described in a deed recorded in deed record book "U-12" at pages 547-548 ; thence run in a Northwesterly direction along said property line to the Northwest corner of the Dombroski property; thence • run South 26 degrees 30 minutes West 320 feet; thence run South 43 degrees 10 minutes East 316 feet; thence run South 59 degrees 03 minutes East 188 feet to the point of beginning of this tract. TRACT 3 : The South Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 22 , Township 13 North, Range 6 West, Independence County, Arkansas. TRACT 4 : Commencing at the corner to Sections 14 , 15 , 22 and 23 , Township 13 North, Range 6 West, Independence County, Arkansas , and run North 1203 feet to the South line of State Highway #69 ; thence along said highway North 43 degrees East 50 feet; thence North 35 degrees East 200 feet ; thence North 29 degrees East 200 feet; thence North 28 degrees East 252 feet to the corner of the Brown Concrete Plant Tract and the point of beginning of the lands herein described ; thence along said tract South 60 degrees East 155 feet; thence North 30 degrees East 104 feet; thence South 62 degrees East 60 feet ; thence North 582 degrees East 144 feet to hest line of a bulldozed road 25 feet North of the centerline thereof ; thence North 68 degrees East 100 feet; thence North 772 degrees East 100 feet; thence East 100 feet; thence South 83 degrees East 100 feet; ® thence South 80 degrees East 100 feet ; thence South 702 degrees East 100 feet ; thence South 77 degrees East 100 feet; thence South 78 degrees East 100 feet ; thence South 79 degree*East 100 feet; thence Norte: 71 degrees East 100 feet; thence North 66 degrees East 100 feet; thenc-e North 73 degrees East 100 feet; thence North 83 degrees East 40 feet to a point 25 feet North of the bulldozed road; thence North 172 degrees West 58 feet; thence North 722 degrees East 210 feet ; thence North 172 degrees West 715 feet to the east-west centerline of Section 14 , Township 13 North, Range 6 West; thence West along said quarter section line to the South east right of way line of Highway #69 ; thence run in a Southwesterly direction along said East Right of Way line to the point of beginning. Said Public Hearing will be held on the above stated date at the City Council Room, City Hall, 170 South Fourth Street, at 7 : 00 p.m. All those persons desiring to be heard should be present. Within sixty days after the date of the public hearing, the City Council may proceed to vote on a proposed Ordinance annexing the above described property to the City of Batesville . CITY OF BATESVILLE . BY: Hon. Jim Shirrell, Maycr ATTEST: Larry Williams, City Clerk • ' f LIST OF OWNERS 1 . Loyd K. Allen 2 . Batesville Country Club, Inc. 3 . Buddie Bowers, Trustee 4 . F.O. Brown and Bertha Brown 5 . Stanley J. Dombroski and Charlene L. Dombroski 6 . Mark Forshee and Mavis Forshee 7 . Jennings Goff and Tiney Goff 8 . Alvin Willard Lueck, Sr. and Billie Jo Lueck 9 . Earl McDonald and Effie McDonald 10 . James W. Rutledge 11. Raymond Smart 12 . Ed Smart 13 . Ronald Lynn Smart and Joyce Smart 14 . Acie Smart and Jewel Smart 15 . Ronnie Smart 16 . Terry Clay Smart and Vickey S. Smart 17 . J.K. Southerland Farms, Inc. 18 . Ralph Stewart and Artie Faye Stewart 19 . Ola Gray 20 . Von Dean Wingard 21. Samuel C. Highsmith 22 . Doyle Rogers, Sr. and Josephine Raye Rogers • • EXHIBIT "A" TRACT 1 : A part of the Southwest Quarter of Section 15 , Township 13 North, Range 6 West, Independence County, • described by metes and bounds as follows : Commencing at the Southwest corner of the Northwest Quarter of the Northwest Quarter of Section 22 , Township 13 North, Range 6 West, thence run North 1540 links to the Southwest corner of the Batesville Country Club property; thence run North 85 degrees East a distance of 641 feet; thence run North 9 degrees 30 minutes East 111 feet; thence run North 31 degrees 45 minutes East 186 feet; thence run North 12 degrees 15 minutes East 176 feet, more or less, to the South Boundary line of Section 15 , Township 13 North, Range 6 West, and the point of beginning of the lands herein described ; thence run North 4 degrees East 200 feet; thence North 22 degrees 30 minutes East 174 feet; thence run North 55 degrees 30 minutes East 300 feet; thence run North 77 degrees 15 minutes East 153 feet; thence run North 52 degrees 30 minutes East 215 feet; thence run North 57 degrees East 172 feet; thence run North 45 degrees East 280 feet; thence run North 14 degrees 30 minutes West 234 feet; thence run North 17 degrees East 289 feet; thence run North 69 degrees 15 minutes East 112 feet; thence run North 19 degrees East 796 feet to the Northeast corner of the Batesville Country Club property; thence run East to a point on the Southwest line of Highway # 69 ; thence run Southeasterly along said right of way line to the East line of the Southwest Quarter of Section 15 ; thence run • South along said East line of the Southwest Quarter to the Southeast corner of the Southwest Quarter; thence run West along the South line of Section 15 to the point of beginning. LESS AND EXCEPT THE FOLLOWING: Beginning at the Northeast corner of the Northwest Quarter of the Northwest Quarter of Section 22, Township 13 North, Range 6 West, Independence County, Arkansas, and run thence South 86 degrees West 200 feet; thence North 4 degrees West 40 feet ; thence North 78 degrees West 350 feet to the branch; thence along the branch South 19 degrees West 300 feet ; thence South 15 degrees West 200 feet; thence North 86 degrees East 680 feet ; thence North 4 degrees West 364 feet to the Point of Beginning, containing 5 . 90 acres , more or less . 0 . 64 acres in the Southwest Quarter of the Southwest Quarter of Section 15 and 5 . 26 acres in the Northwest Quarter of the Northwest Quarter of Section 22 , Township 13 North, Range 6 ;-;est. TRACT 2 : A part of the Southeast Quarter of Section 15 , Township 13 North, Range 6 West, Independence County, Arkansas, described by metes and bounds as follows : Beginning at a point 426 feet West and 238 feet North of the Southeast corner of the Southwest Quarter of the Southeast Quarter of Section 15 , Township 13 North, Range 6 West; thence run North 0 degrees 0 minutes 208 . 6 feet ; thence run East 161 .70 feet; thence North 28� degrees East 165 feet; thence East 112 . 20 • feet ; thence North 24 degrees East 450 . 12 feet to Highway 69 ; thence run in a Northwesterly direction along the South line of Highway # 69 a distance of 370 feet to the Northwest corner of the property owned by Earl and Effie McDonald, as described in a deed recorded in deed record book "C-8 " at pages 95-96 ; thence run South 28 degrees 15 7� nutes West to a poir_ of the property owned by Stanley J. Dombroski and Charles L. Dombroski , his wife, as described in a deed recorded • in deed record book "U-12" at pages 547-548 ; thence run in a Northwesterly direction along said property line to the Northwest corner of the Dombroski property; thence run South 26 degrees 30 minutes West 320 feet; thence run South 43 degrees 10 minutes East 316 feet ; thence run South 59 degrees 03 minutes East 188 feet to the point of beginning of this tract. TRACT 3 : The South Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 22 , Township 13 North, Range 6 West, Independence County, Arkansas . TRACT 4 : Commencing at the corner to Sections 14 , 15 , 22 and 23 , Township 13 North, Range 6 West, Independence County, Arkan*as , and run North 1203 feet to the South line of State Highway #69 ; thence along said highway North 43 degrees East 50 feet ; thence North 35 degrees East 200 feet; thence North 29 degrees East 200 feet; thence North 28 degrees East 252 feet to the corner of the Brown Concrete Plant Tract and the point of beginning of the lands herein described; thence along said tract South 60 degrees East 155 feet; thence North 30 degrees East 104 feet; thence South 62 degrees East 60 feet; thence North 582 degrees East 144 feet to West line of a bulldozed road 25 feet North . of the centerline thereof ; thence North 68 degrees East 100 feet; thence North 772 degrees East 100 feet; thence East 100 feet; thence South 832 degrees East 100 feet; thence South 80 degrees East 100 feet; thence South 702 degrees East 100 feet; thence South 77 degrees East 100 feet; thence South 78 degrees East 100 feet; thence South 79 degrees East 100 feet; thence North 71 degrees East 100 feet; thence North 66 degrees East 100 feet; thence North 73 degrees East 100 feet; thence North 83 degrees East 40 feet to a point 25 feet North of the bulldozed road; thence North 172 degrees West 58 feet; thence North 722 degrees East 210 feet ; thence North 172 degrees West 715 feet to the east-west centerline of Section 14 , Township 13 North, Range 6 West; thence West along said quarter section line to the South east right of way line of Highway #69 ; thence run in a Southwesterly direction along said East Right of Way line to the point of beginning. • CERTIFIED MAIL, RETURN RECEIPT REQUESTED # : RE: Public Hearing concerning annexation of certain lands entirely surrounded by the corporate limits of the City of Batesville, Arkansas Dear Please be advised that a Public Hearing will be conducted by the Batesville City Council on the day of 1985 concerning the annexation to the City of Batesville, Arkansas, of certain real property, a part of which the Independence County Courthouse Records reflect you as owner. This notice is given pursuant to Ark. Stat. Ann. §19-337 et. seq. Within sixty (60 ) days after said Public Hearing the City Council may vote upon the proposed Ordinance to annex said real property. You have a right to appear at the Public Hearing to present your views concerning the proposed annexation. If you should have any comments you should be in attendance. I am enclosing for your convenience copies of the following documents : 1. A copy of Public Notice which will be run in the Batesville Guard. 2 . A copy of the legal description of the property to be annexed. a 3. A plat of the area to be annexed. 4 . A copy of the Ordinance which will be presented to the City Council within sixty ( 60 ) days of the Public Hearing. As you can see from the Public Notice, the Hearing will be conducted at 7 :00 p.m. in the City Council Room, City Hall, 170 South Fourth Street, Batesville, Arkansas on the above stated date. -2- After the Ordinance has been adopted, the following ser- vices will be supplied to the annexed area: Police protection through the metro division of the Independence County Sheriff ' s Department, fire protection by the Batesville Fire Department, weekly curbside trash and garbage pickup and road and street maintenance. If you have any questions, please feel free to contact my office. With best regards, Sincerely yours, Larry Williams City Clerk • S 2 7 5 • eel HUIE AS QUARIEQECTION CHART IInch - 330 Feet M E T E S A N D BOUNDS Each Side Blue Square 10 Chains, 40 Rods,660 Feet (TRADEMARK) Area of Square 10 Acres LAND PLOTTING CHART Each Side Green Square = 5 Chains,20 Rods,330 Feet Area of Square 2.5 Acres Each Side Red Square = .5 Chains, 2 Rods,33 Feet AS SECTION CHART Area of Square .025 Acre eel IInch ==660 Feet AS FORTY-ACRE CHART IInch= 165 Feet Each Side Blue Square — 20 Chains, 80 Rods, 1,320 Feet Each Side Blue Square 5 Chains, 20 Rods,330 Feet Area of Square 40 Acres Area of Square 2.5 Acres Each Side Green Square_ 10 Chains,40 Rods,660 Feet Each Side Green Square-- 2.5 Chains, 10 Rods, 165 Feet Area of Square 10 Acres Area of Square.625 Acre Each Side Red Square— 1 Chain,4 Rods,66 Feet Each Side Red Square— .25 Chains, 1 Rod, 16.5 Feet Area of Square.1 Acre Area of Square.00625 Acre I i I i I I 1 i � 1 s I j i r { i t s -- - -T--.- - -' Tia C t i ' J I 141 i I ) I I ( � I H UI E AS QUARTER CTION CHART l Inch =330 Feet M E T E S A N D BOUNDS Each Side Blue bquare= 10 Chains,40 Rods,660 Feet (TRADEMARK) Area of Square 10 Acres Each Side Green Square= 5 Chains,20 Rods,330 Feet LAND PLOTTING CHART Area of Square 2.5 Acres Each Side Red Square = .5 Chains, 2 Rods,33 Feet Area of Square:025 Acre AS SECTION CHART IInch = 660 Feet AS FORTY-ACRE CHART IInch= 165 Feet Each Side Blue Square = 20 Chains, 80 Rods, 1,320 Feet Each Side Blue Square = 5 Chains,20 Rods, 330 Feet I Area of Square 40 Acres Area Of Square 2.5 Acres Each Side Green Square — 10 Chains: 40 Rods,660 Feet Each Side Green Square=2.5 Chains, 10 Rods, 165 Feet Area of Square 10 Acres Area of Square .625 Acre Each Side Red Square 1 Chain, 4 Rods,66 Feet Each Side Red Square=_ .25 Chains, 1 Rod, 16.5 Feet Area of Square .1 Acre Area of Square .00625 Acre ' N l i � I I ! i I I ON I i 41 I i TSI ac t rrac L' i �00 �� I A" ti I .I- } , 1 I Tract aalvg P I ! i � I I i i f i i i