HomeMy WebLinkAbout1989-01-01-R RESOLUTION NUMBER
CITY COUNCIL OF BATESVILLE, ARKANSAS
WHEREAS, Richmond L. Reed, a unanimity of the owners of the
following described lands situate in Independence County,
Arkansas :
A tract of land being part of the Southeast Quarter
of the Southeast Quarter of Section 7 in Township
13 North, Range 6 West of the 5th Principal Meridian
in Independence County, Arkansas, more particularly
described as follows : Commencing at the Southeast
corner of said Southeast Quarter Southeast Quarter;
thence run N 01005100" E along the East Line of said
Southeast Quarter Southeast Quarter, a distance of
2 513 . 50 feet; thence run N 87038100" W, a distance of
W� 150 .00 feet to the Point of Beginning (POB) ; thence
run N 87038100" W, a distance of 69 . 19 feet; thence
M run N 01005 ' 00" E, a distance of 143 . 35 feet; thence
run S 87038 ' 00" E, a distance of 189 . 19 feet to the
West Line of Davis Lane; thence run S 01005 ' 00" W
along said West Line, a distance of 54 .43 feet; thence
run S 55022128" W, a distance of 147 . 75 feet to the
Point of Beginning. Containing 0 . 50 Acre, more or less .
has petitioned the County Court of Independence County, Arkansas
for annexation of these lands to the City of Batesville,
Arkansas; and
WHEREAS, after publication of notice as required by law,
a hearing was held on December 2 , 1988 , at which no person
appeared to protest the annexation, although notice thereof had
been published more than thirty (30) days, and an order of
annexation was entered upon December 2 , 1988 , and filed for
record on December 2, 1988; which order is subject to acceptance
by the City Council of Batesville, Arkansas; and
WHEREAS, more than thirty (30 ) days has passed since entry
and filing of the order of annexation in the County Court of
Independence County, Arkansas, and no person has appeared to
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prevent the annexation as provided by law; that the proposed
annexation is in the best interest of the public health and
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safety of the City of Batesville, Arkansas, and the annexation
should be accepted by the City Council of Batesville, Arkansas;
NOW, THEREFORE, IT IS RESOLVED by the City Council of
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Batesville, Arkansas that the lands above described should be
and are hereby incorporated into the City of Batesville,
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Arkansas; and that the annexation ordered should be and is
hereby approved, and the County Clerk of Independence County,
Arkansas is hereby authorized to forward a copy of this
resolution with other appropriate documents to the Office of the
Secretary of State for the State of Arkansas and to the Office
of the Director of the Tax Division of the Arkansas Public
Service Commission, and to such other officials as may be
required by law; and that upon the effective date of this
resolution the owners of the above described lands, their heirs
and assigns, shall have and enjoy all the rights and privileges
as all other owners of real property within the City of
Batesville, Arkansas .
Xim ShirFell, Mayor
ATTEST:
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Larry Williams, City Clerk
APPROVED T FORM:
C. Eric Hance, City Attorney
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4W BEFORE THE CITY COUNCIL FOR BATESVILLE, ARKANSAS
RICHMOND L. REED PETITIONER
PETITION FOR ACCEPTANCE OF LANDS
ANNEXED TO THE CITY OF BATESVILLE
Richmond L. Reed is the owner of an 0 . 50 acre lot immediately
west of Davis Lane, upon which he is building a single family
residence for Timothy Osborne. The present boundary of the City
of Batesville runs along the course of Davis Lane, with the
property west of Davis Lane lying outside the City. Mr. and
Mrs . Osborne wish to have their property within the city limits
and have filed a proceeding in the County Court of Independence
County through Mr. Reed, and after having complied with the
(W requirements of law were granted an order for annexation by the
County Court, subject to the acceptance of the annexation by the
City Council of Batesville .
Richmond L. Reed and Mr. and Mrs . Osborne seek the passage
by the Council of a resolution accepting their property into the
City. A copy of the Order of Annexation obtained in the County
Court and a map of the location of the property are attached
hereto.
RICHMOND L. REED, PETITIONER
BY:
Bictir Arnold
Murphy, Post, Thompson, Arnold &
Skinner
Attorneys at Law
P. 0. Box 2595
Batesville, AR 72503
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IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS
(W
IN THE MATTER OF THE ANNEXATION OF
CERTAIN LANDS LYING WEST OF THE
CITY OF BA`I'ESVILLE, ARKANSAS NO. CO-88-18
ORDER FOR ANNEXATION
Subject to the Acceptance by the Municipality of
Batesville, Arkansas
Now upon this 2nd day of December, 1988 , comes on to be
heard the petition of Richmond L. Reed for annexation of certain
lands to the City of Batesville, Arkansas , wherein the petitioner
appears in and person and by his attorney, Blair Arnold, and
the matter is presented upon the testimony, pleadings and exhibit
of the petitioner, from which the Court finds :
1 . That the Court has jurisdiction over the parties to
(W and the subject matter of this proceeding .
2 . That petitioner is the owner of the following described
lands, situate in Independence County, Arkansas, and lying
contiguous to the western boundary of the Municipality of
Batesville, Arkansas, to-wit :
A tract of land being part of the Southeast Quarter
of the Southeast Quarter of Section 7 in Township
13 North, Range 6 West of the 5th Principal Meridian
in Independence County, Arkansas , more particularly
described as follows : Commencing at the Southeast
FI L D corner of said Southeast Quarter Southeast Quarter;
thence run N 01005100" E along the East line of said
DEC Southeast Quarter Southeast Quarter, a distance of 10
513 . 50 feet; thence N 87038 ' 00" W, a distance of
150 . 00 feet to the Point of Beginning ( PUB) ; thence
MARGA
�RG.A.R ET. �BOOTHBf.....M un N 870 38 ' 00" �
W a distance of 69 . 19 feet ; thence
COUNTY&PRCBA CLE un N 01005100" E, a distance of 143 . 35 feet ; thence
un S 87038100" E, a distance of 189 . 19 feet to the
West line of Davis Lane; thence run S 01005 ' 00" W
along said West line, a distance of 54 . 43 feet ; thence
run S 55022128" W, a distance of 147 . 75 feet to the
Point of Beginning . Containing 0 . 50 Acre, more or
less .
3 . That the petitioner is the owner of 100% of the lands
above described in both percentage of acreage and value.
4 . That an accurate legal description by metes and bounds
exists and is set forth above, and that an accurate map of the
lands to be annexed exists and has been introduced into evidence.
5 . That the hearing of this cause was set for December 2,
1988 , at 10 : 00 a.m. in the Circuit Courtroom of Independence
County, Arkansas , by Order of this Court entered on November 1,
1988 , and that notice of the hearing was published in the
�! Batesville Guard-Record on November 4 , 1988 , November 11, 1988 ,
and November 18 , 1988 , and that proof of publication has been
filed herein; that the Batesville Guard-Record is a newspaper of
bona fide circulation in Independence County, Arkansas, as
required by law.
6 . That no person appears to object to the proposed
annexation.
7 . That the lands above described should be annexed to
the City of Batesville, Arkansas, subject to the acceptance
thereof by the City Council of Batesville, Arkansas .
NOW, THEREFORE, IT IS HEREBY CONSIDERED, ORDERED, AND
ADJUDGED that the above described lands be and the same are
hereby annexed to the City of Batesville, Arkansas , subject to
acceptance by the City of Batesville, Arkansas .
C
a ld Wyatt % County Judge
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• S 87.38x00"E
4
w 0.50 ACRE MIL � qy
v o
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C3o to
at 10 li Proposed
M Nouse
Location
5� LEGEND
69.19'
- Found Iran Pin
N 87038'00" W
P0e « - Set Iron Pin
FI.OnD PLAM STATEMENT '.
i
140 PORtION OF THIS PROPERTY IS WITHIN Basis of Bearings: .
THE 100 YEAR FLOODPLAIN AS DEFINED BY Survey Book "I;
THE U.S. DEPARTMENT OF HOUSING. AND Pope 97
URBAN DEVELOPMENT "FLOOD BOUNDARY AND i
FLOODWAY MAP" ; COMMUNITY-PANEL NUMBER(S): 050090 0004 A
111(0111-At'1'Y I*,,s(; tIP'1'I0N
A tract of land heing part of the Srk of the SE.k of Section 7 in Township
13 Notth, Hanf,e 6 Went of the 5th Principal Meridian in Independence Cotinty,
At k,utttsa s more pat tictilat ly (l escr i bed as fol lows:
Couuoteettciltf, at tll(* Southeast corner of said thence tart N 01 �0510011 K
�tloiif; thr East Lino of said SEASI.%, a distance of 51:1.50 f.ect; tthenco tun N 97o
:18100" IJ, a distaitce of 150.00 feet to the Point Of Beginning 0'010; thence tun
N 8P.18'00" W, a distance of. 69.19 feet; thence tun N ,In 05'00" F:, a distance of'
143.35 feet; thouce ruts S 87°38'00" I:, a distance of 189.19 feet to thelWest
i,ine of Davis bane; thence tint 01 05100" W along said Went I-ine, a diritancr of
54.43 feet; thence run S 55"22128" W, a distance of 147.75 feet to the Point of
,Beginning. Contaiiiinq 0.50 Acre, more or less.
SURVEYOR'S CERTIFICATE j
I, DAVID L. CARPENTER, a Registered Land Surveyor, do hereby certify that the shown plat is
a true and correct representation of a survey completed under my supervision. The corners are
monumented as shown and are in accordance with existing monuments found in the vicinity.
This survey is made for the exclusive use of the present owner(s) of the property, and also
those who purchase, mortgage, or guarantee the title thereto, within one year from the date hereon
shown, and as to them I warrant the accuracy of said survey and plat.,
,ssy�tt�fttr,�r�
1(w 90 see*
JURVEY Carpenter Surveying, P.A. PROPERTY
i AItKAI�.SAS • •• Registered Cent 3urvtyars FOR
• 3i tis S. 3rt-eexeswi t.AN 7.1301
0: 1 / = TIM OSBORNE
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• • sCAL[ 40 O 40 APPROVED OArRr FIELD
PC r DLC Jury 2T, 1986 aoox
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