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HomeMy WebLinkAbout2013-05-03 f k CITY OF BATESVILLE ARKANSAS ORDINANCE NO.2013-_Q_15-- 0-3 AN ORDINANCE ACCEPTING TERRITORY TO BE ANNEXED TO THE CITY OF BATESVILLE WHEREAS,citizens owning land contiguous to the City of Batesville have petitioned the Independence County Court to allow their lands to be annexed; WHEREAS,the Independence County Court granted the requested annexation by Order entered on April 24, 2013,pursuant to Arkansas Code Annotated §14-40-601 et. seq.; and WHEREAS, more than thirty(30) days have passed since the entry of that Order,thereby confirming it in accordance with Arkansas Code Annotated §1440-605. NOW,THEREFORE be it ordained by the City Council of the City of Batesville, Arkansas: Section 1. Annexation of the lands described in the plat and Order attached hereto • has been confirmed. Section 2. The lands described in the exhibit attached hereto are hereby accepted by the City of Batesville. PASSED AND APPROVED on thisr, ))YY -day of tjDoa, 2013. APPROVED: JU, -- � RICK EL CIk;M7CYYOR ATTEST: I Lc� I ,-- DENISE JOHNSTON, C r • IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS FrLE6 APR 2 4 2013 IN THE MATTER OF ANNEXING TO THE CITY I C, tj OF BATESVILLE, ARKANSAS, CERTAIN TRACEY WYATT TERRITORY CONTIGUOUS TO THE SAID CITY COUNTY&PROBATE CLERK OF BATESVILLE, ARKANSAS NO. CO-2013-01 ORDER OF ANNEXATION On this day comes on to be heard the above-captioned matter, and from the testimony of the parties, the pleadings and exhibits filed herein, and other facts and matters before this Court, the Court finds as follows: • 1. The Court has jurisdiction of the parties and subject matter of this cause. 2. The Court held a properly advertised public hearing on April 18, 2013, in this matter and heard no objections to the entry of this Order at that time. 3. The Court is satisfied that the allegations in the Petition are sustained by the proof. 4. The Petition is in compliance with the requirements for signatures under Ark. Code Ann. §14-40-601. 5. The limits of the territory to be annexed have been accurately described, and an accurate snap thereof has been filed. 6. The prayer of the Petition is right and proper. 7. That the following described lands lying in the County of Independence, J • State of Arkansas, shall be annexed to the City of Batesville, Arkansas: A TRACT OF LAND'LYING IN AND BEING PART OF THE SOUTHWEST QUARTER OF SECTION 3,TOWNSHIP 13 NORTH,RANGE 6 WEST,INDEPENDENCE COUNTY, ARKANSAS DESCRIBED THUS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 3,T13N,R6W;THENCE SOUTH 00 10'05"WEST, 1,904.29 FEET TO A POINT;THENCE NORTH 49 52'52"WEST, 885.20 FEET TO A POINT;THENCE NORTH 88 56'33"WEST, 68Q.88 FEET TO A POINT;THENCE NORTH 0109'54"EAST, 91.00 FEET TO A POINT; THENCE NORTH 86 32'53"WEST,484.30 FEET TO A POINT; • THENCE SOUTH 01 02'37"WEST, 110.00 FEET TO A POINT;THENCE NORTH 88 47'09"WEST 896.51 FEET TO A POINT;THENCE NORTH 00 53'49"EAST, 104.40 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE MISSOURI PACIFIC RAILROAD SPUR; THENCE IN A NORTHEASTERLY DIRECTION ALONG AND WITH THE EAST RIGHT-OF-WAY LINE OF SAID TVIISSOURI PACIFIC RAILROAD SPUR A DISTANCE OF 1,575.11 FEET, MORE OR LESS,TO THE NORTH LINE OF SAID SOUTHWEST QUARTER;THENCE 89 08'34"EAST, 1,749.19 FEET MORE OR LESS,TO THE POINT OF BEGINNING. 8. That the maps attached hereto, filed and incorporated herein accurately depict the above-described lands. fir► THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the territory described herein, and depicted in the maps attached hereto, shall be annexed to the City of Batesville, Arkansas. IT IS SO ORDERED. v HONORABLE ROBERT GRIFFIN County Judge 989'26'02'E.103.21'., N89134'53'E 133.64' 584.40'48'E,87 TV N54*24'58'W. Zf4'5211\ 0+'05'362.35' S89*W34"E.1.727.96' Na8*24'5,1"W,38192 Se915", point cot In General 71re R:� Entergy Tract 588'23'16'E.M&W NW*5622W.114 IT ��i"i, //j/ / WR Holding Co S01.23'23-W,170.48' Ip General Tire z- ag, 4-,"Bad Boy Exhibit "A" SSB*S"I'E.MVP 1.'16215' Ludlow Holdings W. 1 S01"0737W 110.00 09' 9100 88 .51 N88'56'33W 880.88 JJk -low B N5e'24'581w.40.60' SEY'0874'E.1.727.96• Nm'24'53w.383 92' gg� FJ 1 General Tire N g 588'23'160E,255.85 � I I 8 9 ui General Tire 2 Z A Bad Boy Exhibit "A" i� sm•s9rorE.79a6s ,yam aT52ro4•E.100.00' — - N •34.41•E.51.99' a N Nm•3753w,484 30' N00.53'49•E 104,40' SOt•0737w.110.00' NOt'O9'SI•E.91.00 Nm'47'O9w,896.51' Ar NW.33w.m0.68' Sh I IN THE INDEPENDENCE COUNTY COURT IN THE MATTER OF ANNEXING TO THE CITY OF BATESVILLE, ARKANSAS, CERTAIN TERRITORY CONTIGUOUS TO THE SAID CITY OF BATESVILLE, ARKANSAS. PETITION We, as property owners of the following described area, do hereby petition the County Court of Independence County, Arkansas to annex the following lands to the City of Batesville, Arkansas. We further state that the petition is signed by a majority of the real estate owners owning more than one half of the acreage in the said area. Description of the area to be annexed to the City of Batesville, Arkansas: A tract of land lying in and being part of the Southwest Quarter of Section 3, Township 13 North, Range 6 West, Independence County, Arkansas described thus: Beginning at the Northeast Corner of the Southwest Quarter of Section 3, T13N, R6W; thence South 00°10'05" West, 1,904.29 feet to a point; thence North 49052'52" West, 885.20 feet to a point; thence North 88°56'33" West, 680.88 feet to a point; thence North 01°09'54" East, 91.00 feet to a point; thence North 86°32'53" West, 484.30 feet to a point; thence South 01°02'37" West, 110.00 feet to a point; thence North 88°47'09" West, 896.51 feet to a point; thence North 00053'49" East, 104.40 feet to a point on the East Right-of-Way line of the Missouri Pacific Railroad spur; thence in a Northeasterly direction along and with the East Right-of-Way line of said Missouri Pacific Railroad spur a distance of 1,575.11 feet, more or less, to the North line of said Southwest Quarter; thence South 89008'34" East, 1,749.19 feet, more or less, to the point of beginning. FILED `► MAR 0 8 2013 See attachment "A". RARA ES ` T M TEY WYJ5 COUNTY&PROBATE CLERK OA . D.C. Signatures: (A)City of Batesville: Title: Date: - b - 13 ------------------------------------------------------ - ---------- - \--------------------------------- (B)WR Holding Col-L-(- Date: 3 —13 ------------------------------------------------------------------------------------------------------------ (C)Entergy: Title: R. Ken Looper 11 mate: LO--141L i/ 5 - Mmager,Corporate Real Estate ------------------------------------ - ---------- --------------------------------------------------------- (D)Bad Boy: Title: Date: Print of Beghnkg NE=.SW} Seelbn 3,T73N,RE1N -� SWOB'34'fi,1,749.194 Entergy Tract WR Holding Co City of Batesville Tract Bad Boy Tract Ludlow Tract N86'32'53"W,484.30' N01'09'54"E,91.00' N88'47'09'W,896.51' t 4J00'53'49"E,104.40' ■ N88'56'33"W,680.88' ■ 01'0737W.110.00' ■ ■ ■ ■ ■ ■ ■ ■ ■ 9= ATTACHMENT A y;; — — — — —— Batesville City Limits Railroad Boundary of Annexation Individual Tracts ;