HomeMy WebLinkAbout1986-03-02 i
ORDINANCE NO. 3 -Z
® AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
TO THE CITY OF BATESVILLE, ARKANSAS, SAID REAL
PROPERTY BEING LOCATED IN SECTIONS 5 AND 8 OF
TOWNSHIP 13 NORTH, RANGE 6 WEST; AND FOR OTHER
PURPOSES:
WHEREAS, the County Court of Independence County,
Arkansas, entered its Order dated September 4 , 1985 , upon the
petition of Henry Melton, Gerald Gaither and Gary D. Hobbs ,
representatives of a majority of the owners of the lands to
be annexed and representing a majority in acres of the land
owners in said area to be annexed, after due notice of
hearing on said petition in the time and the manner
prescribed by law, ordering the annexation of certain lands
located in Independence County, Arkansas , further described
herein; and
WHEREAS, on March 11 , 1986 , the Circuit Court of
Independence County, Arkansas entered a consent judgment in
the case of Eula Campbell Talley and Helen Talley vs . the
petitioners herein and in the case of Stella Bachman vs . the
petitioners herein amending the County Court Order to contain
the lands described herein; and
WHEREAS, more than thirty ( 30 ) days have expired since
the entry of the County Court Order and no other person,
firm or corporation has instituted any proceedings in the
Circuit Court of Independence County, Arkansas , or elsewhere,
to prevent such annexation, and no notice given to the
authorities of the City of Batesville, Arkansas, of any
• attempt to vacate, review, set aside or appeal from said
Order of the County Court; and
WHEREAS, said lands described herein are contiguous to
and adjoin the City of Batesville, Arkansas .
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of Batesville, Arkansas :
Section 1 : That the City of Batesville, Arkansas ,
acting by and through the City Council, does hereby accept
• and make a part of the incorporated area of the City of
Batesville, Arkansas , all the following described lands :
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The South Half of the Northwest Quarter of Section 5 ,
Township 13 North, Range 6 West; the Southwest
Quarter , Section 5 , Township 13 North, Range 6 West
and all that part of the North Half of the Northwest
Quarter of Section 8, Township 13 North, Range 6 West
described as follows : Beginning at a point 1512 links
East from the Southwest Corner of the said N-1/2 of
NW-1/4 for corner; thence East 1250 links to the South
or West line of State Highway #69 as now located;
thence North 43 degrees West along the West Side, or
West Line of said Highway 1174 links; thence South 38
degrees West, along said South Line 566 links ; thence
South 8 degrees West 416 links to place of Beginning.
Also, commencing at a point 1512 links East of
Southwest Corner of said tract , thence North 8 degrees
East 416 links to the point of beginning; thence North
38 degrees East 385-1/2 feet to the South and West
right of way of Highway 69 ; thence in a Northwesterly
direction with said highway right of way 195 feet
to a point; thence in a Southwesterly direction 447
feet to the point of beginning.
Also, a part of the Northwest Quarter of the Northwest
Quarter of Section 8 , Township 13 North, Range 6 West,
described as follows : Beginning at corner of Sections
5 , 6, 7 and 8 of said township and range; thence South
• 462 feet to stake for corner; thence South 89-1/2
degrees East to the South and West right of way line
of State Highway 69 ; thence Northwest with the South
and West right of way line of Highway 69 to the North
line of Section 8 ; thence North 89-1/2 degrees West to
the point of beginning.
And, commencing at the Northwest Corner of the
Northwest Quarter of Section 8 , Township 13 North,
Range 6 West , thence run South 462 feet to the Point
of Beginning, then continue South to the South Line of
the Northwest Quarter of the Northwest Quarter of
Section 8 , Township 13 North, Range 6 West , thence run
East 125 feet to a point; thence run North to a point
125 feet due east of the point of beginning; thence
run West to the Point of Beginning.
Also , a part of the Southeast Quarter of the Northwest
Quarter of Section 8 , Township 13 North, Range 6 West,
described as follows : Commence at the Southwest
corner of the Northwest Quarter of the Northwest
Quarter of said Section 8 , Township 13 North, Range 6
West and run East for a distance of 1 ,664 feet to an
iron pipe for the place of beginning, thence run South
89 degrees 0 minutes East with the North line of said
• Southeast Quarter of the Northwest Quarter for a
distance of 178 . 2 feet to the right of way line of
Highway 69 as now located; ( this iron pin being 3 . 1
feet South and 178 . 2 feet East of the place of
beginning, ) thence run Southeasterly with the right of
way line of Highway 69 for a distance of 292 . 8 feet ,
thence run West 282 feet ; thence run North 290 . 2 feet
to the place of beginning.
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• Section 2 : That said lands should be and hereby are
assigned and attached to Ward 3 of said City.
Section 3 : It is further ordered that when two ( 2 )
copies of the entire proceedings in the Independence County
Court concerning this annexation have been prepared and duly
filed by the Independence County Clerk , one copy of said
proceedings shall be delivered to and filed with the
Secretary of State of the State of Arkansas , pursuant to
Arkansas Stat . Ann. Section 19-305 .
PASSED this 25th day of March, 1986 .
APPROVED:
M OR
ATTEST:
CITY CLERK