HomeMy WebLinkAbout857ORDINANCE NO.
AN ORDINANCE APPROVING AND ACCEPTING THE
ANNEXATION TO THE CITY OF BATESVILLE, ARKANSAS
OF FOUR TRACTS OF LAND ALL IN SECTION 9,
TOWNSHIP 13 NORTH, RANGE 6 WEST,
IN INDEPENDENCE COUNTY,ARKANSAS.
WHEREAS, the County Court of Independence County, Arkansas
entered its Order of June 28, 1976, upon the petition of Charles
R. Barnett, Charles N. Hathcock, and Wesley J. Ketz, Jr.,
Trustees, Barnett Land Company, H. Paul Willmuth and Hazel
Willmuth, his wife, Clem Moore and Janice Moore, his wife,
White River Bituminous, Inc. and Vickers-Waymack Animal Hospital,
Inc., 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 annexation of the follow-
ing described lands located in Independence County, Arkansas,
to -wit:
TRACT I.
A part of the Southwest Quarter of Section 9, Township
13 North, Range 6 West, described by metes and bounds
thus: Beginning at the Southend of the County bridge
on the County road known as the Polk Bayou road; thence
in a southerly direction along the West side of said
road 150 yards more or less to the North line of right
of way of the St. L. I. M. & S. Ry.; thence in a westerly
direction along the North line of said right of way to
a point opposite and South of the mouth of Miller's
Creek and opposite a large gum tree standing the South
bank of said creek; thence in a northerly or northwesterly
to the bank of said creek at said gum tree; thence in a
general easterly or northeasterly direction up said
Miller's creek to place of beginning at said bridge,
containing 2 acres, more or less, with all accretions
thereto.
This tract is the same land conveyed by Simon A. Ball
and Hula Ball to the Grantor herein by deed dated June
6, 1925, recorded in Deed Record Book A-5, page 68 of
the deed records of Independence County, Arkansas.
TRACT II
Part of the West half of Section nine (9) , Township
Thirteen (13) North, Range Six (6) West, described
by metes and bounds as follows, to -wit:
Beginning at the quarter section corner between sections
four (4) and Nine (9), Thence West on said line Thirteen
Hundred seventeen (1317) links to rock for corner; Thence
South Fifteen (15) degrees East Forty-one (41) chains
and Forty-one (41) links to quarter section line between
the East Half of the Northwest quarter and the EAst half
of the southwest quarter of said Lsection nine (9) to
iron bar down in center of Batesville and Polk Bayou road
for corner; thence South down center of said road to
w.►
Miller's Creek at Steel Bridge; Thence down the meanderings
of the North bank of Miller's Creek to Polk Bayou; Thence
North up the meanderings of the East bank of Polk Bayou
to the quarter section line between the EAst half of the
Northwest Quarter and the EAst half of the Southwest
quarter; thence North Fifteen degrees (150) West to a point
on the West bank of slough west of old Mill Stone foundation;
thence North Fifteen (15) degrees West on West bank of
old Mill Race to EAst bank of Polk Bayou; Thence North up
the meanderings of the East bank of Folk Bayou to section
line between sections Four (4) and Nine (9); Thence East
on said section line Four Hundred Seventy (470) feet;
more or less to rock for corner, being the N. E. Corner
of land conveyed, containing Fifty (50) acres, more or
less.
TRACT III
Beginning at a point on the East right of way line of
U S. Highway 167, that is 1027 feet South and 205 feet
East from the Northwest corner of the Northeast Quarter
of Section 9, Township 13 North, Range 6 West, and run
thence South 32 degrees 59 minutes [Nest 68 feet, thence
South 27 degrees 16 minutes West 201 feet; thence South
35 degrees 40 minutes West 181 feet to the Point of
Beginning for this tract of land; thence South 57
degrees 01 minute East 328.5 feet, thence South 28
degrees 23 minutes West 646 feet; thence South 11
degrees 33 minutes West 912 feet; thence North 11
degrees 39 minutes West 1062 feet, thence North 21
degrees 29 minutes East 132 feet; thence North 32
degrees 59 minutes East 159.2 feet; thence North 35
degrees 40 minutes East 458.6 feet to the point of
beginning of this tract of land, containing 8.5 acres
more or less;
All land being in the SW 4 NE 4i SE 4NW 4; and NE4SW4,
Section 9, Township 13 North, Range 6 West.
TRACT IV
Part of the North Half, Section 9, Township 13 North,
Range 6 West, described as follows: Beginning at a point
on the East right of way lineof Highway 167 that is 1027
feet South and 205 feet East from the Northwest corner of
the Northeast Quarter of said Section 91 thence South 57
degrees and one minute EAst 175 feet; thence South 33
degrees and 25 minutes West 443 feet; thence North 59
degrees West 160 feet; thence North 35 degrees and 40
minutes East 181 feet; thence North 27 degrees and 16 minutes
East 201 feet; thence North 32 degrees and 59 minutes EAst
68 feet to the point of beginning; containing 1.65 acres,
more or less. Magnetic bearings are used in tract descrip-
tion, conforming to highway bearings.
Whereas, more than thirty days have elapsed since the entry
of said order by the County Court of Independence County,
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 Pro-
testants have appeared and no notice given to the authorities of
the City of Batesville, Arkansas, of any attempt to vacate,
review, set aside or appeal from said Order of the County Court;
and
WHEREAS, said above described lands are contiguous to and
adjoin the City of Batesville, Arkansas; and
WHEREAS, the Planning Commission of the City of Batesville,
following due notice for the time and in the manner prescribed by
law, and by rule of the Planning Commission, has recommended to
the City Council of the City of Batesville, Arkansas, that said
lands when annexed be zoned C-2;
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
of the City of Batesville, Arkansas, all of the lands described
hereinabove.
(2) It is further ordered that said lands shall be zoned
under the classification C-2.
(3) 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, pursuant to Arkansas Statutes Anotated Section 19-
305.
PASSED this day of ' ! 1976.
APPROVED:
MAYOR
ATTEST:
City Clerk