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HomeMy WebLinkAbout1976-689-R RESOLUTION NO. BATESVILLE CITY COUNCIL BE TT RESOLVED BY THE BATESVILLE, ARKANSAS CITY COUNCIL SITTING IN REGULAR SESSION WHEREAS, White River Medical Center, Inc. has by deed of degi.cation dated October 13, 1976 deeded the following property: TRACT I: A part of the Northeast Quarter of the Southeast Quarter of Section 16, Township 13 North, Range 6 West, in Batesville, Independence County, Arkansas, and is more par- ticularly described as follows: Beginning at the Southwest Corner of lot herein described which is North 195.1 feet and East 2.2 feet from Iran Pipe found in place as marker for Southwest Corner of NE4 SFA4 of Section 16, Township 13 North, Range 6 West; thence frau Southwest Corner of this lot North 0 degrees 39 minutes East 50.0 feet with West line said six- teenth and North Arkansas Clinic property to Northwest Corner of this lot; thence South 89 degrees 21 minutes East 144.1 feet to Northeast Corner of this lot in West right of way line of Perimeter Road White River Medical Center; thence South 0 degrees 39 minutes West 8.4 feet with Right of Way tangent; thence curving Southeasterly 43.15 feet with said Right of Way line to the Southeast Corner of this lot, the chord of this curved section bears South 12 degrees 42 minutes East 42.8 feet; thence from Southeast Corner of this lot North 89 degrees 21 minutes West 154.0 feet to the Southwest Corner of this lot, the point of beginning. Said lot has an area of 7339 square feet or 0.168 acre. TRACT II: Lot Seven (7) , Block Seventy-eight (78) of Maxfield's Third EAstern Addition to the City of Batesville, Arkansas. to the City of Batesville, Arkansas as a public street to the City under certa' terms and conditions which are incorporated by reference as though set out ward for word herein. Whereas, Batesville City Council feels the dedication of this street will provide needed access to and from the White River Medical Center and help the public health, welfare and safe of the residents of this City. �✓ - - PASSED AND APPROVED AS READ. , MA RIF= GOLDEN ATTEST: m CLERK STATE OF ARKANSAS ) )SS CITY:.OF BATESVILLE) I, Marvin Smith, City Clerk for the City of Batesville, State of Arkansas, do hereby certify that the foregoing resolution, being resolution (10� r number was duly passed and adopted by the City Council of said City, approved and signed by the mayor of said City, and attested by the clerk of said City, all at a regular meeting of said City Council, held on the 26th day of October, 1976 by the following vote: Ayes: Councilmen: � "Lctil Noes: Councilmen: Absent: Councilmen.: C[E SEAT �w DEED OF DEDICATION OF STREET WHEREAS, White River Medical Center , Inc . is the owner of the following described real estate located in the City of Batesvill , Independence County, Arkansas, to-wit : TRACT I: A part of the Northeast Quarter of the Southeast Quarter of Section 16, Township 13 North, Range 6 West, in Batesville, Independence County, Arkansas , and is more particularly described as follows : Beginning at the Southwest Corner of lot herein described which is North 195 . 1feet and East 2 . 2 feet from Iron Pipe found in place as marker for South- west Corner of NEI SES of Section 16, Township 13 North, Range 6 West; thence from Southwest Corner of this lot North 0 degrees 39 minutes East 50 . 0 feet with West line said sixteenth and North Arkansas Clinic property to Northwest Corner of this lot; thence South 89 degrees 21 minutes East 144 .1 feet to Northeast Corner of this lot in West right of way line of Perimeter Road White River Medical Center; thence South 0 degrees 39 minutes West 8 . 4 feet with Right of Way tangent; thence curving Southeasterly 43.15 feet with said Right of Way line to the South- east Corner of this lot , the chord of this curved section bears South 12 degrees 42 minutes East 42. 8 feet; thence from Southeast Corner of this lot North 89 degrees 21 minutes West 154 .0 feet to the Southwest Corner of this lot, the point of beginning. Said lot has an area of 7339 square feet or 0 . 168 acre . TRACT II: Lot Seven (7 ) , Block Seventy-eight of Maxfield' s Third Eastern Addition to the City of Batesville, Arkansas . WHEREAS, it is now deemed proper and desirable that the above described property be dedicated for a public street to the City of Batesville, Arkansas, under the terms and conditions set forth below, NOW, THEREFORE; White River Medical Center, Inc . , for and in considera- tion of the benefits accrued to it , its successors and assigns, which benefits it acknowledges to be of value, hereby donates and dedicates to the public use an easement over and across said property, which property shall be used by the City of Batesville only for a public street, subject to the easement retained by the Grantor herein. The filing of this Deed of Dedication shall be a valid and complete delivery and dedication of street subject to the terms, conditions and limitations set out below. 1 . The White River Medical Center, Inc . retains an easement for its own use and benefit over and across the above- described property . 2. The City of Batesville shall within three months from the date of the delivery of this deed proceed to construct a paved street over and across the above-described property from Sidney Street to the point that the dedicated street intersects with the street onvhich the White River Medical Center, Inc . is located. 3 . The City of Batesville shall indicate its acceptance of this street by resolution passed by the City Council of the City of Batesville, Arkansas . The easement shall be in full force and effect so long as a public street is constructed and maintained by the City of Batesville to the same degree that all other principal streets of Batesville, Arkansas are maintained and repaired. In the event that the street is not so maintained, the easement will not automatically terminate, but the White River Medical Center, Inc . shall give to the City of Batesville a written notice of the alleged defects and the City of Batesville shall have three months from the date of receipt of said notice within which to remedy the alleged defects . If not remedied within said three month period, the easement will then without further notice be terminated. WITNESS our hands and seals on this the day of October, 1976. WHITE RIVER MEDICAL CENTER, INC . B _L 4_ZV Elmer Cochr sident fir► _ W. D . Murphy , Jr . , cre 2 - ACKNOWLEDGMENT STATE OF ARKANSAS ) )SS COUNTY OF INDEPENDENCE) BE IT REMEMBERED, That on this day of October, 1976, before me, a Notary Public duly commissioned and qualified and acting, within and for the said county and state, appeared in person the within named Elmer Cochran and W. D. Murphy, Jr. , to me personally well known, who stated that they were the President and Secretary of White River Medical Center, Inc . , a corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this \-:�,36, day of October, 1976 . Notary Public My Commission Expires: -N-\ID�,