HomeMy WebLinkAbout1987-11-01 '%W
ORDINANCE 8 1
AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO
THE CITY OF BATESVILLE , ARKANSAS OF A TRACT OF LAND IN
SECTIONS 21 AND 28 OF TOWNSHIP 13 NORTH , RANGE 6 WEST IN
INDEPENDENCE COUNTY, ARKANSAS.
WHEREAS, the County Court of Independence County ,
Arkansas entered its Order of September 28 , 1987 , upon the
petition of White River Bituminous , White River Materials and
,, the City of Batesville , the sole owners of the land to be
annexed , after due notice of hearing on said petition for the
time and in the manner prescribed by law, ordering the
annexation of the following described lands located in
Independence County, Arkansas :
A part of the SW-1/4 NE-1/4 and part of SE-1/4 NW-1/4
• of Section 21 , and a part of the West 1/2 of SE-1/4 and
part of the East 1/2 of SW-/4 of Section 21 , and a part
of the NE-1/4 of NW-1/4 and a part of the NW-1/4 of
NE-1/4 of Section 28 , all in Township 13 North , Range 6
West , described thus : Commencing at the Intersection
of the Right Bank of White River with the East R/W line
of Highway #167 as presently located; thence following
the East R/W line of Highway #167 to the Southwest
corner of Charles Adkisson tract shown in Deed Book
"H-13" Page 587-588 ; thence North 14 degrees 51 minutes
East along West line of Adkisson tract and extension
thereof for 250 feet to a point ; thence run Northerly
and parallel with East R/W line of Highway #167 ,
staying at a distance of 250 feet East thereof, to a
point on South line of tract conveyed to White River
Materials , Inc. in Deed Book "W-10" Page 243 ; thence
Easterly with South line of White River Materials , Inc .
tract and along South line of City of Batesville
property shown in Deed Book "0-7 " Page 339A to
intersection of Right Bank of White River ; thence
following Right Bank of White River in a Northwesterly
direction to the Point of Beginning.
WHEREAS, more than thirty ( 30 ) days have elapsed since
• the entry of said Order by the County Court of Independence
County , Arkansas , and no person, firm or corporation has
instituted any proceeding in the Circuit Court of
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Independence County , Arkansas , or elsewhere, to prevent such
annexation, and no protestants have appeared 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, the lands described above 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 its Mayor and City Council , does hereby
approve the annexation of , and does hereby accept and make a
part of the incorporated area of the City of Batesville,
Arkansas , all of the following described lands:
A part of the SW-1/4 NE-1/4 and part of SE-1/4 NW-1/4
of Section 21 , and a part of the West 1/2 of SE-1/4 and
part of the East 1/2 of SW-/4 of Section 21 , and a part
of the NE-1/4 of NW-1/4 and a part of the NW-1/4 of
NE-1/4 of Section 28 , all in Township 13 North , Range 6
West , described thus : Commencing at the Intersection
of the Right Bank of White River with the East R/W line
of Highway #167 as presently located ; thence following
the East R/W line of Highway #167 to the Southwest
corner of Charles Adkisson tract shown in Deed Book
"H-13" Page 587-588 ; thence North 14 degrees 51 minutes
East along West line of Adkisson tract and extension
thereof for 250 feet to a point; thence run Northerly
and parallel with East R/W line of Highway #167 ,
• staying at a distance of 250 feet East thereof , to a
point on South line of tract conveyed to White River
Materials , Inc. in Deed Book "W-10" Page 243; thence
Easterly with South line of White River Materials , Inc.
tract and along South line of City of Batesville
property shown in Deed Book "0-7" Page 339A to
intersection of Right Bank of White River ; thence
following Right Bank of White River in a Northwesterly
direction to the Point of Beginning.
and that said lands be and are hereby assigned and attached
to the one G Ward of said City .
Section 2 . It is further ordered that when two 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 the proceeding
shall be delivered to and filed with the Secretary of the
State of Arkansas , pursuant to Arkansas Stat . Ann. Section
• 19-305 .
PASSED this 10th day of November , 1987 .
APPROVED:
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ATTEST:
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CITY CLE14K
I
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IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS
IN THE MATTER OF THE PROPOSED ANNEXATION
OF CERTAIN LANDS INTO THE CITY OF BATESVILLE, No. CO 87-18 i
ARKANSAS, NAMELY :
I
A part of the SW-1/4 NE-1/4 and part of SE-1/4 NW-1/4
of Section 21 , and a part of the West 1/2 of SE-1/4 and
part of the East 1/2 of SW-/4 of Section 21 , and a part
of the NE-1/4 of NW-1/4 and a part of the NW-1/4 of
NE-1/4 of Section 28 , all in Township 13 North , Range 6
West , described thus : Commencing at the Intersection
of the Right Bank of White River with the East R/W line
of Highway #167 as presently located ; thence following
the East R/W line of Highway #167 to the Southwest
corner of Charles Adkisson tract shown in Deed Book
"H-13" Page 587-588 ; thence North 14 degrees 51 minutes
East along West line of Adkisson tract and extension
thereof for 250 feet to a point; thence run Northerly
and parallel with East R/W line of Highway #167 ,
staying at a distance of 250 feet East thereof, to a
point on South line of tract conveyed to White River
Materials , Inc. in Deed Book "W-10" Page 243 ; thence
Easterly with South line of White River Materials , Inc .
tract and along South line of City of Batesville
property shown in Deed Book "0-7" Page 339A to
intersection of Right Bank of White River ; thence
following Right Bank of White River in a Northwesterly
direction to the Point of Beginning.
ORDER
On this day the petition of White River Bituminous ,
White River Materials and the City of Batesville seeking an
Order confirming the annexation to the City of Batesville ,
Arkansas, the above described lands is presented to the
Court, and the Court being well and sufficiently advised as
to all matters of law and fact herein, doth find:
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1 . That more than thirty ( 30 ) days have passed since
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the publication of the Ordinance of the City Council of the
City of Batesville , Arkansas annexing the above described
lands to the City of Batesville , Arkansas and no person, firm
or corporation has instituted any proceedings before the City
Council of Batesville , Arkansas , or elsewhere, to prevent
such annexation, '. and no protest-ants have appeared and no
, not-A-^.e given to the atit-horities of the Cit-v of Rat —vi.l_l.P ;
Arkansas, of any attempt to vacate , review, set aside or
appeal from said Order of the County Court.
2 . That two ( 2 ) copies of the entire proceedings in
connection with this annexation have been prepared and duly
filed with the Clerk of this Court and that one ( 1 ) copy of
the proceedings shall be delivered by the Clerk to and filed
with the Secretary of the State of Arkansas , pursuant to
I
Arkansas Stat. Ann . Section 19-305 and that this entire
proceeding should be confirmed and approved .
i
C JUDGE
DATE 1_)_ZC1117
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E D
1
L)FC 2 9 1987
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... CIERK
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