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HomeMy WebLinkAbout2010-03-02 ORDINANCE NO.Nolo-03-0A AN ORDINANCE GRANTING A PARTIAL VACATION OF THE PLAT OF THE HIGHLAND WOODS SUBDIVISION TO THE CITY OF BATESVILLE, ARKANSAS WHEREAS, a Plat of the Highland Woods Subdivision to the City of Batesville, Arkansas is filed in Independence County records in Deed Record Book Z-15, at pages 303- 304, and WHEREAS, a petition to vacate Lots 4-10 inclusive reducing said lots to acreage was filed in the Independence County Court on January 27, 2010 and given County Court File Number 2010-2, and WHEREAS, a copy of said Petition was sent to the City of Batesville, and WHEREAS, the Batesville Planning Commission reviewed said Petition requesting vacation of a portion of said Plat, and WHEREAS, a copy of that portion of the plat showing Lots 4-10 inclusive is hereby attached as Exhibit "B" for reference, and WHEREAS, the Batesville Planning Commission has sent to the Batesville City Council a recommendation that the partial vacation be approved (also attached) NOW THEREFORE, BE IT ORDAINED by the City Council of Batesville, Arkansas that: Section 1: The City of Batesville, Arkansas hereby vacates the above referenced Exhibit "A" legal description of the Highland Woods Subdivision to the City of Batesville, Arkansas, thereby reducing Lots 4-10 inclusive to acreage. Section 2: All utility easements as shown on the original plat across said Lots 4-10 inclusive shall remain in full force and effect. Section 3: A copy of the Ordinance duly certified by the City Clerk shall be filed in the deed records of the County in the office of the Circuit Clerk of Independence County. Section 4. A plat of the Highland Woods Subdivision designated as "First Amended Plat of the Highland Woods Subdivision" incorporating said partial vacation shall be filed in the Independence County Survey Records. Section 5: A plat of the Highland Woods Subdivision designated as "First Amended Plat of the Highland Woods Subdivision" incorporating said partial vacation shall be filed with the City of Batesville. Section 6: A copy of the Ordinance duly certified by the City Clerk shall be filed in the Office of the County Clerk of Independence County. Section 7: The City of Batesville, Arkansas hereby recommends to the Independence County Court that the Petition for Reduction of Subdivision to Acreage be granted and the subject property be reduced to acreage. EMERGENCY CLAUSE: Where as it is necessary to effect the public peace, health, safety and welfare and the orderly administration of the City an emergency is hereby declared to exist and this Ordinance shall be effective from and after the date of its passage. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this 9`" day of March, 2010. APPROVED: RICK ELU , AYOR ATTEST:_ QL-�JvN DENISE JOHNSTON, CL RK I certify that the above is a true and exact copy of the original document filed in the office of the City Clerk. 11 "1�.. Denise Johnston, City Jerk Dated: 3 '/0-10 11-975-00, Chord Q 0 Vy- S86'45'31' E 7 25.41' R'975 00 PC s B 251x3 F ABFR QfFN S7.0 , rnry S \ 3? $o S 2 S 2s' OB' R=575 00 1 C40RD�S 69' 21'21' E 371.08• POB L07 wi SE 1/4. NN 1/4 SEC 23 L ME 1/4. SN 1/4 SEC 23 W— CD til 3y .So Cp �Bg a �S 9_10 � se• 4' 43 Y y � SB�B/+ J�� MaetrSQ (inP S\ PROPERTY DESCRIPTIONS Manhole .i7 '- •�a.-t �` 1-n, 7! carr rf t!e S !/Z. N"W ?/a. and a part of the M 112. SW 1/4. _a_es:•lIle, Independence County. Arkansas. psitucula.-ly,oescribed as follows: Ccamenc:ng at the northwest corner of the SW 1/4, said Section 23; thence S e8'42'27' E. 1173.33 feet: z thence N 01'17'33" E. 46.45 feet to the point of beginning; > thence N 19.28'10• E. 159.42 feet to the south right of Nay line of Aberdeen Drive; --4 thence along said south right of way line the foll"Ing: along a curve to the right, said curve having a radius of 975.00 feet. an arc length of 252.95 feet V and a long chord bearing and distance of S 78'15'23' E. 262.15 feet; S D S 70'31'50' E. 229.06 feet: along a curve to the legfft. said Curve having a radius of 575.00 feet. an arc length of 377.84 feet TT thencelleavingg chord taof waytline.eS 138 3'2421E,£198.320feet: D thence S 51'05'45" W. 174.58 feet; 1 thence N 70'31'50" M. 855.58 feet to the point of beginning. This tract contains 4.43 acres. more or less, and is subject to any and all easements. n A PROPERTY DESCRIPTION A tract of land being all of Lots 4, 5, 6. 7, B. 9 and 10 of tl Highland woods Subdivision in the City of Batesville, Independence County, Arkansas containing 4.43 acres, more or 11 a R-975.00' Chord S88'45'31' E 25.4!' s PC' A �S 227.57 BFRQFFN �AIVF � S °> ISS 45 130 S�0 '3 LOT 10 SE 1/4, NW 1/4 SEC 23 1 10 1 LOT 9 °j 28 85 215.00 321 84 , 9i7 26. . X25 LOT 8 .y 137.98' w 00 . LOT 7 h � 1,30 00- T' LOT 5 1\ o w w S N� CO 0 CO LOT 5 cv CU LOT 4 N fl m -•31 ,So 13 o rU n 8- to fi r C 85 S8, 121 ry� o 3 4cr� 74 � . 151 . 5h 33n 0 i Manhole n a J • RECOMMENDATIONS OF THE CITY PLANNING COMMISSION The City Planning Commission of the City Of Batesville, Arkansas, held its regular monthly meeting on Monday, March 1, 20010, with Chairman Steven Lewis presiding. Also present were Secretary Brian Langston, and Commission Members Carma Osborn, Ronnie Hampton, Nina Womack and Mike Fagan. Commissioner Ken Smith was absent.' Also present were Code Enforcement Officer, Chad McClure, Planning Consultant Rob Middleton and City Council Members Thomas Bryant and Dr. Doug Matthews. Steve Bell representing Eagle Mountain Properties, LLC appeared before the Planning Commission asking permission for the reduction of lots # 4 thru#10 to acreage. Property is located along Aberdeen Dr. in the Highland Wood Subdivision. Commissioner Fagan moved that the Planning Commission recommend to the City Council of the City of Batesville, Arkansas, a Petition by Eagle Mountain Properties, LLC for Reduction of Subdivision to Acreage of lots#4 thru#10 and currently located in the Highland Wood Subdivision. The motion was seconded by Commissioner Hampton and upon vote of the Commission was passed unanimously by those present. Therefore, the City Planning Commission of the City of Batesville, Arkansas recommends to the City Council of the City of Batesville, Arkansas, that the appropriate action is taken by the City Council to carry out the recommendations of the City Planning • Commission. Batesville City Planning Commission By A , Steven Lewis, Chai an By Brian Langston, Secretary • IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS IN THE MATTER OF MOUNTAIN RIDGE SUBDIVISION NO. 2010-2 TO THE CITY OF BATESVILLE, ARKANSAS AND KEVIN MORROW, AS TRUSTEE OF THE KEVIN R. & TERESA G. MORROW LIVING TRUST PETITIONER ORDER Now upon this ��_ day of March, 2010, comes on to be heard the petition of KEVIN MORROW & TERESA G. MORROW LIVING TRUST, which is presented upon the Petition for Reduction of Subdivision to Acreage, the County Clerk's Certificate of Notification of the City Clerk, Proof of Publication of Notice, and other matters of proof exhibited to the court, from which, the court, after being well and sufficiently advised in the facts and law pertaining to this matter finds: 1. That KEVIN R. & TERESA G. MORROW LIVING TRUST is the owner of the following described lands situated in Highland Woods Subdivision to the City of Batesville, Arkansas as shown in a plat filed of record on May 21, 1996, in Deed Book Z-15, pages 303-304, to-wit: A tract of land being a part of the S1/2 , NW1/4, and a part of the N1/2, SW1/4, Section 23, Township 13 North, Flange 6 West, in the City of Batesville, Independence County, Arkansas, more particularly described as follows: Commencing at the Northwest corner of the SWI/4, said Section 23; thence S 88 degrees 42'27" E, 1173.33 feet; thence N 01 degree 17' 33" E, 46.45 feet to the point of beginning; thence N 19 degrees 28'10" E, 159.92 feet to the South right of way line of Aberdeen Drive; thence along said South right of way line the following: along a curve to the right, said curve having a radius of 875.00 feet, an arc length of 262.95 feet and a long chord bearing and distance of S 78 degrees 15'23" E, 262.15 feet; S 70 degrees 31'50" E 229.08 feet; along a curve to the left, said curve having a radius of 575.00 feet; an arc length of 377.84 feet and a long chord bearing and distance of S 89 degrees 21'21" E, 371.08 feet; thence leaving said right of way line, S 13 degrees 33'24" E, 198.32 feet; thence S 51 degrees 06'45" W, 174.58 feet; thence N 70 degrees 31'50" W, 856.58 feet to the point of beginning. This tract contains 4.43 acres, more or less and is subject to any and all easements. (Lots 4-10) 2. Notice of the pendency of this action was served by the County Clerk for Independence County, Arkansas, upon the City Clerk for the City of Batesville, Arkansas, by certified mail, return receipt requested, as shown by the Clerk's Certificate 3. Public notice was published in the Batesville Guard Record, a newspaper of general circulation on February 1, 2010 and February 8, 2010 as shown by Proof of Publication exhibited to the court. 4. No objection has been made or filed to the proposed reduction to acreage. 5. This court has jurisdiction over the parties to and the subject matter of this proceeding. 6. The lands above described were platted by survey described above and filed for record together with a deed of dedication and a Bill of Assurance. 7. The lands above described have not been developed and have been used only for agricultural purposes. 8. Pursuant to A.C.A. § 14-41-304 and upon the Petitioners request, the above described lands should be reduced to acreage. NOW, THEREFORE, IT IS HEREBY CONSIDERED, ORDERED, AND ADJUDGED that the land described above situated in Highland Woods Subdivision to the City of Batesville, Arkansas, as shown by a plat of record in Deed Book Z-15, at pages 303-304 should be and are hereby reduced to acreage. IT IS SO ORDERED: Bill Hicks County Judge FILED MAR%ol? M I KA N fill DGE RK • CdUM �` D.C. • PROPERTY DESC€tIPTT_ON �• A tract of land being all of Lots 4, 5, 6, 7, B. 9 and 10 of tl Highland Woods Subdivision in the City of Batesville, Independence County, Arkansas containing 4.43 acres, more or 1: F G. R-M.W GhON 585'45'31' E 25.41' � PC A8 t ---_g 12 7.57 ra �+ �2 � �� 45 1 s,0 e' LOT 10 35 �0 S� fi SE 1/4, NW 1/4 SEC 23 G� V 2 LCAT 9 °' 118 85- P IIS QQ. LCAT 8 84• 117 2-6 . y I t 137.98' � a3' �5I©0 . c� LOT 7 h t e k r�— 4 X30 00, � LOT r7ii LOT 5 cu C11LOT Va 4 D L S. p0 4 I d^y 7 1' 4, El b7anhole i q r, r