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ORDINANCE NO.
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AN ORDINANCE APPROVING AND ACCEPTING THE
ANNEXATION TO THE CITY OF BATESVILLE,
ARKANSAS OF 2 TRACTS OF LAND IN SECTION
15, TOWNSHIP 13 NORTH, RANGE 6 WEST, IN
INDEPENDENCE COUNTY, ARKANSAS.
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WHEREAS, the County Court of Independence County, Arkansas
entered its order of December 11, 1978, upon a petition of J. K.
Southerland and Cleo Southerland, his wife, and Paul Henry and
Virginia Southerland Henry, his wife, the sole owners of the lands
to be annexed, after due notice of hearing on said petition for
;!the time and in the manner prescribed by law, ordering the annexa-
tion of the following described lands located in Independence
;,County, Arkansas: a
TRACT I: A part of the South Half (S2) of the
Southeast Quarter (SE4) of Section 15, Township
13 North, Range 6 West, described as follows:
Beginning at the SE Corner of the SW4 of SE4,
thence West along the section line 645 links;
thence North 645 links; thence East 245 links;
thence North 2820 East 250 links; thence East
170 links; thence North 240 East 682 links to
the South line of Highway 69; thence East along
'j the South side of said Highway 69 880 links;
thence South 1410 links to the section line;
thence West along the section line 10222 links
to the place of beginning, containing 20 acres,
more or less.
TRACT II: A part of the Southwest Quarter (SW4)
of the Southeast Quarter (SE4) of Section 15,
Township 13 North, Range 6 West, described as
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follows: Beginning at a point 426 feet West
and 238 feet North of the SE corner of the SW4
i of SE -4 of Section 15, Township 13 North, Range
6 West, thence run North 5903' West 188 feet;
f thence run North 5805' East 190 feet; thence
run South 208.6' to the point of beginning,
containing .46 acres, more or less.
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WHEREAS, more than thirty (30) days have elapsed since the
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;entry of said order by the County Court of Independence County,
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;Arkansas, and no person, firm, or corporation has instituted any
`;proceeding in the Circuit Court of Independence County, Arkansas,
or elsewhere, to prevent such annexation, and no protestants
;,have appeared and no notice given to the authorities to the City
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of Batesville, Arkansas, of any attempt to vacate, review, set
aside or appeal from such order of the County Court; and
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WHEREAS, said above described lands 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:
(1) That the City of Batesville, Arkansas, acting by and
through its City Council, does hereby approve the annexation of
and does hereby accept and make a part of the incorporated area
j of the City of Batesville, Arkansas, all of the lands described
hereinabove.
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 said proceedings shall be delivered to
and filed with the Secretary of State of the State of Arkansas,
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y pursuant to Arkansas Statutes Annotated § 19-305.
(2) It is further declared that an emergency exists and
this ordinance shall be effective from and after its passage.
PASSED this 23rd day of January 1979.
ATTEST:
r City C erk
APPROVED:
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,� gMayo�
RISUN
ALICE DR
FIT ZHUGH _ DEDRA
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BATESVILLE
M. PH 793-5454
EXHIBIT "A"
En
HIGHSMITH, GREGG, HART & VINSON
ATTORNEYS AT LAW
262 BOSWELL STREET
'*4ftw M F. HIGHSMITH P. O. BOX 2496 TELEPHONE (501) 793-7556
SAMUEL C HIGHSMITH 793-7557
JOHN C. GREGG BATESVILLE, ARKANSAS 72501
JOSEPHINE LINKER HART
GARY M. VINSON PEABOOY AVENUE
MOUNTAIN VIEW ARKANSAS 72560 - (501) 269-3716
January 26, 1979
Mr. Larry K. Williams
Bate svi 11 e Ci ty Cl erk
Bate svi l le Ci ty Hal1
Batesville, Arkansas
Re: Henry - Southerland Annexation
Ordinance No. 900
Dear Mr. Wi 11 i am s:
In accordance with Arkansas Statutes Annotated
19-305 we are enclosing for the records of the City
a certified copy of the Order of the County Court
of Independence County, Arkansas with regard to the
captioned annexation.
This should be filed with the City records.
Very tr�l•y your s
a-o/P-nC Grp g
JCG/la
Enclosure
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IJ iii: C:OUVL Y COUPT OF I:. L4.11 t__: C:L ! ( v:v' i' , .'8
IN THE elle' TLi: OF 'iUL 1'U
THE CITY OF BA'TESVILLL, AITU,L:iSA.S, No. CO -46
OI THE FUhhQSJT..iG r7ESC iZT'_ii:t'
',eIACr I: 1. part of t :cs SOu%:1 .calf
(S�) of the Southeast Quarter
of Section 15, aownsnip 13 Nort.-i ,
Range] 6 West, zk-�scriued a:3 follow3:
Beginning at tnc SE Cornor of t1ho
SW's of SE:4, thence Wast along t1iF,
suction lints 645 links; t.xence Iron,:
645 links; tilerica fast 245 links;
thence North 28SO East 2;0 links;
thence East 170 links; t:-iance Nort.i
240 Last 682 links to t!3e South lino
of highway 691 thence Last along tie'
South side of said Highway 69 8A10 links;
tnence South 1510 links to the section
lino i thence West along the section
line 1022► linxs to the place of
Deginning, containing 20 acres, more
or less.
Trv%CT IIi A part of tha Southwest
?uartar (SW;1) of Uia Southeast Quarter
(SEk) of Section 15, Tawn,3liip 13 Norti,
Range 6 'Test, described as follows:
Doginni zg at a point 426 feet dost and
238 feet Nortn of the SE corner of tie
5W4 of SEk of Section 15, :a4n:ship 13
:worth, Randa 6 Wast; thence run Nort.1
590 3' West 188 feet i thence run Nort i
580 5' East 190 feat l ttcsn ce run Sout i
208.6' to 'Mics point of beginning, con-
taining .46 acres, more or loss.
ORDER
On this day the petition of J. K. Southerland and. Cleo
Southerland, his wife and Paul Henry and Virginia Southerland
Henry, his wife, seeking 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, does find:
1. That the petition was filed with the Clerk of this
court on November 7, 1978, at which time hearing thereon was
set by order of the court for December 11, 1978 at 10:00 a.m.
in the Independence County Court, County Courthouse, Batesville,
Arkansas.
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2. That a notice of this hearing and the time and place
thereof leas been published in the Batesville Guard once a
week for three consecutive weeks, being November 8, 1978,
Novenwer 15, 1978 and November 22 , 1978, and proof of
publication of that notice has been filed 'herein.
3. That no objection to or protest against this proposed
annexation has been presented to the court or filed with the
Clerk of the court.
4. That the lands described above to be annexed are con-
tiguous and adjoining the City of Batesville, Arkansas.
5. That petitioners constitute all of and a majority of
the real estate owners of the lands to be annexed and are the
owners of more than one-half of the same.
6. That an accurate map showing the location of the lands
has been prepared by petitioners and has been filed herein.
7. That the petition for annexation has been presented
to the court, and from the statement of the petitioners and
their duly authorized representative and attorney, from the
petition itself, and based upon all matters before the court,
the court finds that said petition is proper and should be
granted.
IT IS, THEREFORE, CONSIDERED, ORDERED AND ADJUDGED BY
THE COURT that the lands described in the caption of this
order and in the map attached to the petition herein be,
and hereby are, annexed to and made a part of: the City of
Batesville, Arkansas.
IT IS SO ORDERED THIS 11th DAY OF DECEMBER, 1978.
County Judg
Independen e County, Arkansas
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