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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 I 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: oa� i ATTEST: /Z CITY CLE14K I �� I 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: I 1 . That more than thirty ( 30 ) days have passed since i 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 I E D 1 L)FC 2 9 1987 /d"Ss CO R Y& Roe TF 1p y ... CIERK U.C.