HomeMy WebLinkAbout2024-07-01 ORDINANCE N04(0) (;P 7 - 0 I
AN ORDINANCE VACATING AND ABANDONING THAT PART OF INDUSTRIAL
DRIVE BETWEEN GRAND DRIVE AND SHIRRELL LANE ABUTTING THE PROPERTY
DESCRIBED IN EXHIBITS "A"AND "B"HERETO AND SUBJECT TO UTILITY
EASEMENTS LYING WITHIN INDUSTRIAL DRIVE AND FOR OTHER PURPOSES.
WHEREAS the Petitioners,Bad Boy Mowers,LLC(successor by merger to Bad Boy,Inc.)
("Bad Boy") and Eurark, L.L.C., d/b/a LifePlus International ("LifePlus") have asked the City to
vacate to a private drive that part of Industrial Drive between Grand Drive and Shirrell Lane
("Industrial Drive Section"), and for title to vest in the owners of all the lands abutting the
Industrial Drive Section as set forth herein. The lands abutting the Industrial Drive Section are
more particularly described as follows:
Bad Boy
Legal Description attached hereto as Exhibit"A" and incorporated herein.
LifePlus -
Legal Description attached hereto as Exhibit"B" and incorporated herein.
A copy of a parcel map showing the Industrial Drive Section and surrounding property owned by
Bad Boy and/or Life Plus is attached hereto as Exhibit"C" and incorporated herein, and
WHEREAS this ordinance is adopted at the City Council's regular public meeting and the
positives and negatives of said action have been heard, discussed, and considered.
NOW,THEREFORE,the City Council of the city of Batesville,Arkansas finds as follows:
(a) All property owners that abut the Industrial Drive Section have consented to this
ordinance and would benefit from its passage.
(b) The Industrial Drive Section is no longer needed for municipal or public purposes.
(c) The city has the authority to adopt this ordinance pursuant to Ark. Code Ann. §§
14-54-104 and 14-54-303, as well as authority granted by the state legislature and inherently
possessed by the city.
(d) Because of the location and configuration of Industrial Drive and the growth and
expansion of Bad Boy and LifePlus, the Industrial Drive Section is used almost exclusively by
employees and invitees of Petitioners, including tractor trailers delivering parts and transporting
products to/from Bad Boy's facilities on a constant basis.
(e) A large number of tractor trailers and other trucks enter and exit the Industrial Drive
Section from Bad Boy's facilities on a daily basis. In addition,both of the Petitioners have a large
number of employees and invitees who enter and exit Industrial Drive throughout the day.Vacating
the requested section of Industrial Drive will increase the safety and security of Petitioners and
their employees and invitees.
(f) There are sufficient streets and thoroughfares in the neighborhood to carry the
traffic volume through that part of the city.
(g) There is adequate access to all other property in that area, and vacating the
Industrial Drive Section will not prevent ready access to any property not owned by Petitioners,
nor will it cause any undue inconvenience for those desiring access to their property.
(h) Vacating the Industrial Drive Section to a private drive will also save the city
maintenance and repair costs associated with its upkeep. Given the repeated exposure to heavy
tractor trailer rigs,the savings will be significant.
(i) Vacating the Industrial Drive Section will protect Petitioners from possible criminal
activity. The Industrial Drive Section runs through the heart of Bad Boy and LifePlus and their
adjoining assets.As it exists now,the Industrial Drive Section is a public street that can easily be
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used to burgle or steal the assets of Petitioners. Given that the public does not use the Industrial
Drive Section to any meaningful extent,this risk is unnecessary.
0) Vacating the Industrial Drive Section will not adversely affect fire, police,
ambulance, or other emergency services in said area. All emergency services will have ready
access to the private drive as needed.
(k) Vacating the Industrial Drive Section will benefit the city's commercial and
economic growth.
(1) Vacating the Industrial Drive Section is in the public's interest and will benefit the
public for all the reasons specified in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS:
Section 1: The city of Batesville,Arkansas, does hereby release, vacate, and abandon all
its right, title, and interest, together with the rights of the public generally, in and to the street
described as follows:
THAT PART OF INDUSTRIAL DRIVE LYING BETWEEN GRAND DRIVE
AND SHIRRELL LANE, MORE PARTICULARLY DESCRIBED AS THAT
PART OF INDUSTRIAL DRIVE LYING BETWEEN GRAND DRIVE AND
SHIRRELL LANE AND ABUTTING THE PROPERTY DESCRIBED IN
EXHIBITS"A"AND`B"HERETO AND SUBJECT TO UTILITY EASEMENTS
LYING WITHIN INDUSTRIAL DRIVE.
Section 2: That title to the section of Industrial Drive vacated and abandoned herein shall
vest in the owners of the lands abutting said section, namely Bad Boy Mowers, LLC as to the
entire vacated and abandoned section, and Bad Boy Mowers, LLC and Eurark, L.L.C. as to that
part of the vacated and abandoned section abutted by lands owned by each of them.
Section 3: That the Mayor and City Clerk are hereby directed,pursuant to the statutes cited
herein, to execute any document and do such other acts as required to effectuate this Ordinance.
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Section 4: That a copy of this Ordinance duly certified by the City Clerk, along with a
copy of the plat showing the section of Industrial Drive so vacated and abandoned shall be filed in
the Office of the Recorder of Independence County and recorded in the records of the County.
Section 5: EMERGENCY CLAUSE: Whereas it is necessary to affect 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 day of ,
2024.
APPROVED:
Z'V'
RICK ELUMBAUGH, MAYOR
ATTEST:
ENISE JOHNSTON, CITY aERK
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PARCEL NO.: 11-00028-OOOC (Bad Boy)
A TRACT OF LAND BEING A PART OF THE W1/2 OF THE SETA IN SECTION 4,
TOWNSHIP 13 NORTH, RANGE 6 WEST IN THE CITY OF BATESVILLE,
INDEPENDENCE COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SEI/4; THENCE NORTH 01
DEGREES 34 MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID SEI/4
1153.84 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01
DEGREES 34 MINUTES 49 SECONDS EAST ALONG SAID WEST LINE 375.00 FEET;
THENCE NORTH 89 DEGREES 43 MINUTES 16 SECONDS EAST 220.00 FEET; THENCE
SOUTH 46 DEGREES 15 MINUTES 28 SECONDS EAST 215.74 FEET; THENCE SOUTH
01 DEGREES 34 MINUTES 49 SECONDS WEST 225.00 FEET TO THE NORTH RIGHT OF
WAY LINE OF INDUSTRIAL DRIVE; THENCE SOUTH 89 DEGREES 43 MINUTES 16
SECONDS WEST ALONG SAID NORTH RIGHT OF WAY LINE, 380.0 FEET TO THE
POINT OF BEGINNING. THIS TRACT CONTAINS 3.00 ACRES, MORE OR LESS.
SANITARY SEWER UTILITY EASEMENT:
A TRACT OF LAND BEING A PART OF THE W1/2 OF THE SEI/4 OF SECTION 4,
TOWNSHIP 13 ORTH, RANGE 6 WEST, IN THE CITY OF BATESVILLE,
INDEPENDENCE COUNTY, ARKANSAS, SAID TRACT BEING 15 FEET IN WIDTH, 7.5
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SW CORNER OF SAID SEl/4;THENCE NORTH 01 DEGREES 34
MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID SEI/4, 1153.84 FEET;
THENCE NORTH 89 DEGREES 43 MINUTES 16 SECONDS EAST, 380.00 FEET;THENCE
NORTH 01 DEGREES 34 MINUTES 49 SECONDS EAST, 92.00 FEET TO SAID
CENTERLINE AND THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE
THE FOLLOWING: SOUTH 50 DEGREES 36 MINUTES 20 SECONDS EAST, 8.75 FEET;
SOUTH 38 DEGREES 42 MINUTES 10 SECONDS EAST, 84.71 FEET TO THE NORTH
LINE OF AN EXISTING 20 FEET WIDE UTILITY EASEMENT.
Exhibit A
PARCEL NO.:11-00018-000C (Bad Bay)
A TRACT OF LAND BEING A PART OF THE SEU4 IN SECTION 4, TOWNSHIP 13
NORTH, RANGE 6 WEST IN THE CITY OF BATESVILLE, INDEPENDENCE COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SW CORNER OF SAID SEU4; THENCE NORTH 01 DEGREE 34 MINUTES 49
SECONDS EAST ALONG THE WEST LINE OF SAID SEU4 1153.84 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE NORTH 01 DEGREES 34 MINUTES 49 SECONDS
EAST ALONG SAID WEST LINE, 846.00 FEET; THENCE NORTH 89 DEGREES 43
MINUTES 16 SECONDS EAST 453.79 FEET;THENCE SOUTH 00 DEGREES 13 MINUTES
56 SECONDS WEST 845.59 FEET TO THE NORTH RIGHT OF WAY LINE OF
INDUSTRIAL DRIVE; THENCE SOUTH 89 DEGREES 43 MINUTES 16 SECONDS WEST
ALONG SAID NORTH RIGHT OF WAY LINE, 473.69 FEET TO THE POINT OF
BEGINNING. CONTAINING 9 ACRES,MORE OR LESS.
LESS AND EXCEPT:
A TRACT OF LAND BEING A PART OF THE W1/2 OF THE SEl/4 IN SECTION 4,
TOWNSHIP 13 NORTH, RANGE 6 WEST IN THE CITY OF BATESVILLE,
INDEPENDENCE COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SEl/4; THENCE NORTH 01
DEGREES 34 MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID SEl/4
1153.84 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01
DEGREES 34 MINUTES 49 SECONDS EAST ALONG SAID WEST LINE 375.00 FEET;
THENCE NORTH 89 DEGREES 43 MINUTES 16 SECONDS EAST 220.00 FEET;THENCE
SOUTH 46 DEGREES 15 MINUTES 28 SECONDS EAST 215.74 FEET; THENCE SOUTH
01 DEGREE 34 MINUTES 49 SECONDS WEST 225.00 FEET TO THE NORTH RIGHT OF
WAY LINE OF INDUSTRIAL DRIVE; THENCE SOUTH 89 DEGREES 43 MINUTES 16
SECONDS WEST ALONG SAID NORTH RIGHT OF WAY LINE, 380.0 FEET TO THE
POINT OF BEGINNING. THIS TRACT CONTAINS 3.00 ACRES, MORE OR LESS.
PARCEL NO.: 11-00030-002C (Bad Boy)
A TRACT OF LAND BEING A PART OF THE WEST HALF (W 1/2), SOUTHEAST
QUARTER (SEI/4), SECTION FOUR (4), TOWNSHIP THIRTEEN (13) NORTH, RANGE
SIX(6)WEST, IN THE CITY OF BATESVILLE, INDEPENDENCE COUNTY,ARKA.NSAS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID WEST 1/2, SEl/4, SECTION 4, THENCE NORTH 01
DEGREE 34 MINUTES 49 SECONDS EAST, 1573.87 FEET; THENCE NORTH 89
DEGREES 43 MINUTES 27 SECONDS EAST, 891.23 FEET TO AN EXISTING REBAR
AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 43
MINUTES 27 SECONDS EAST,416.13 FEET;THENCE SOUTH 08 DEGREES 49 MINUTES
05 SECONDS WEST, 429.95 FEET TO THE NORTH RIGHT OF WAY LINE OF
INDUSTRIAL DRIVE; THENCE ALONG SAID NORTH RIGHT OF WAY LINE THE
FOLLOWING: ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS
OF 870.00 FEET, AN ARC LENGTH OF 207.00 FEET AND A LONG CHORD BEARING
AND DISTANCE OF SOUTH 85 DEGREES 51 MINUTES 08 SECONDS WEST, 206.51
FEET; NORTH 87 DEGREES 19 MINUTES 54 SECONDS WEST, 146.15 FEET; THENCE
LEAVING SAID RIGHT OF WAY LINE,NORTH 00 DEGREES 13 MINUTES 56 SECONDS
EAST, 431.00 FEET TO THE POINT OF BEGINNING. THIS TRACT CONTAINS 3.83
ACRES, MORE OR LESS, AND IS SUBJECT TO ANY AND ALL EASEMENTS.
PARCEL NO.: 063-1100029001C(Bad Boy)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
INDEPENDENCE, STATE OF ARI{ANSAS,AND IS DESCRIBED AS FOLLOWS:
A TRACT OF LAND BEING A PART OF THE SETA OF SECTION 4,TOWNSHIP 13 NORTH,
RANGE 6 WEST IN THE CITY OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER
OF SAID SEI/4; THENCE NORTH I DEGREE 34 MINUTES 49 SECONDS EAST ALONG THE
WEST LINE OF SAID SEU4 A DISTANCE OF 1573.87 FEET; THENCE NORTH 89 DEGREES
43 MINUTES 27 SECONDS EAST A DISTANCE OF 463.81 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 43 MINUTES 27 SECONDS EAST
A DISTANCE OF 417.42 FEET; THENCE SOUTH 00 DEGREES 13 MINUTES 56 SECONDS
WEST A DISTANCE OF 431 FEET TO THE NORTH RIGHT OF WAY OF INDUSTRIAL DRIVE;
THENCE NORTH 87 DEGREES 19 MINUTES 54 SECONDS WEST ALONG SAID RIGHT OF
WAY LINE A DISTANCE OF 168.29 FEET;THENCE ALONG SAID RIGHT OF WAY LINE AND
ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 1939.86 FEET A
DISTANCE OF 99.68 FEET; THENCE SOUTH 89 DEGREES 43 MINUTES 27 SECONDS WEST
A DISTANCE OF 149.61 FEET;THENCE NORTH 00 DEGREE 13 MINUTES 56 SECONDS EAST
A DISTANCE OF 419.80 FEET TO THE POINT OF BEGINNING, CONTAINING 4.05 ACRES,
MORE OR LESS.
PARCEL NO.: 063-1100025003C (Bad Boy)
A 2.04 ACRE, MORE OR LESS, TRACT OF LAND BEING PART OF THE S1/2 OF
THE SEI/4 OF SECTION 4, TOWNSHIP 13 NORTH, RANGE 6 WEST,
INDEPENDENCE COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID SE114; THENCE NO1°03'47" E A
DISTANCE OF 681.18 FEET TO A CALCULATED POINT;THENCE N 89'12'25" E
A DISTANCE OF 918.43 FEET TO A FOUND 1/2" REBAR, REPRESENTING THE
POINT OF BEGINNING; THENCE N00°1706" WA DISTANCE OF 400.35 FEET TO
A FOUND 1/2"REBAR ON THE SOUTH RIGHT OF WAY OF INDUSTRIAL DRIVE;
THENCE, ALONG SAID SOUTH RIGHT OF WAY, S 87°50'56" E A DISTANCE OF
127.38 FEET TO A CALCULATED POINT;THENCE,ALONG SAID SOUTH RIGHT
OF WAY, WITH A CURVE TURNING TO THE LEFT, HAVING AN ARC LENGTH
OF 102.48 FEET, HAVING A RADIUS OF 930.00 FEET, HAVING A CHORD
BEARING OF N 8805939" E,AND A CHORD LENGTH OF 102.43 FEET TO A SET
1/2" REBAR; THENCE, LEAVING SAID SOUTH RIGHT OF WAY AND ALONG A
ROW OF ORANGE POLES, S 01°3447" WA DISTANCE OF 161.55 FEET TO A
PLASTIC ORANGE POLE SET IN ASPHALT; THENCE, ALONG A ROW OF
ORANGE POLES AND THE EXTENSION THEREOF, S 0000729" E A DISTANCE
OF 232.78 FEET TO A SET 1/2" REBAR; THENCE S 89°12'25"W A DISTANCE OF
223.79 FEET BACK TO THE POINT OF BEGINNING OF SAID 2.04 ACRE, MORE
OR LESS,TRACT.
PARCEL NO.:063-1100029003C (Bad Boy)
TRACT 1:
A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 4,TOWNSHIP 13 NORTH, RANGE 6 WEST IN
THE CITY OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER SOUTHEAST QUARTER;
THENCE NORTH 01 DEGREES 34 MINUTES 49 SECONDS EAST ALONG THE WEST
LINE OF SAID SOUTHWEST QUARTER SOUTHEAST QUARTER 681.18 FEET;
THENCE NORTH 89 DEGREES 43 MINUTES 27 SECONDS EAST 9.37 FEET TO THE
EAST RIGHT OF WAY LINE OF GRAND DRIVE AND THE POINT OF BEGINNING
(POB);THENCE CONTINUE NORTH 89 DEGREES 43 MINUTES 27 SECONDS EAST
483.51 FEET;THENCE NORTH 00 DEGREE 13 MINUTES 56 SECONDS EAST 412.46
FEET TO THE SOUTH RIGHT OF WAY LINE OF INDUSTRIAL DRIVE; THENCE
SOUTH 89 DEGREES 43 MINUTES 27 SECONDS WEST 471.31 FEET TO THE EAST
RIGHT OF WAY LINE OF SAID GRAND DRIVE; THENCE SOUTH 01 DEGREE 55
MINUTES 33 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE 412.75
FEET TO THE POINT OF BEGINNING. CONTAINING 4.52 ACRES,MORE OR LESS.
TRACT 2:
A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION FOUR IN TOWNSHIP THIRTEEN NORTH AND
RANGE SIX WEST OF FIFTH PRINCIPAL MERIDIAN IN THE CITY OF BATESVILLE,
INDEPENDENCE COUNTY,ARKANSAS,AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF SAID SECTION FOUR;THENCE NORTH 01 DEGREE 34
MINUTES 49 SECONDS EAST A DISTANCE OF 69 1.18 FEET; THENCE NORTH 89
DEGREES 43 MINUTES 27 SECONDS EAST A DISTANCE OF 491.99 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 00 DEGREE 13 MINUTES 56 SECONDS
EAST A DISTANCE OF 412.46 FEET TO THE SOUTH RIGHT OF WAY OF
INDUSTRIAL DRIVE; THENCE NORTH 89 DEGREES 43 MINUTES 27 SECONDS
EAST ALONG SAID SOUTH RIGHT OF WAY A DISTANCE OF 141.54 FEET;THENCE
ALONG A CURVE TO THE RIGHT (SAID CURVE HAYING A RADIUS OF 879.89
FEET FROM THE SOUTH RIGHT OF WAY, A TANGENT DISTANCE OF 49.08 FEET
AND A CURVE LENGTH OF 98.13 FEET); THENCE CONTINUING ALONG SAID
SOUTH RIGHT OF WAY SOUTH 87 DEG. 19 MIN. 54 SEC. EAST A DISTANCE OF
187.06 FEET; THENCE SOUTH 00 DEG. 13 MIN. 56 SEC. WEST A DISTANCE OF
400.35 FEET; THENCE SOUTH 89 DEG. 43 MIN. 27 SEC. WEST A DISTANCE OF
426.55 FEET TO THE POINT OF BEGINNING.
PARCEL NO.:063-1100029002C (EUARK, I.LC)
A tract of land being a part of the Southeast Quarter (SEI/4) of Section 4, Township 13
North, Range 6 West, in the City of Batesville, Independence County, Arkansas, more
particularly described as follows: Commencing at the Southwest corner of said SEI/4;
thence north 01 degree 34 minutes 49 seconds East along the West line of said SE1/4 a
distance of 1573.87 feet; thence North 89 degrees 43 minutes 27 seconds East, a distance
of 1297.36 feet to the point of beginning; thence continue North 89 degrees 43 minutes
27 seconds East, a distance of 210 feet; thence South 00 degrees 13 minutes 56 seconds
West a distance of 362.11 feet to the North right of way line of Industrial Drive; thence
southwesterly along said right of way line and along a curve to the left,said curve having
a radius of 260.00 feet; a distance of 72.48 feet; thence South 74 degrees 15 minutes 26
seconds West, along said right of way line a distance of 137.44 feet; thence along said
right of way line and along a curve to the right, said curve having a radius of 870.00
feet, a distance of 72.56 feet; thence North 487 feet, more or less, to the Point of
Beginning. Containing 2.15 acres, more or less.
And
A tract of land being a part of the Southeast Quarter of Section 4,Towashik 13 North,Range 6
West in the City of Batesville,Independence County,Arkansas, more p"cularly described as
follows: C ommencing a t t be S outhwest c orner o f said S outbeast Quart r;t hence N orth 0 1
degrees 34 minutes 49 seconds East along the West line of said Southeast( uarter a distance of
1573.87 feet; thence North 89 degrees 43 minutes 27 seconds East a distance of 1507.36 feet to
the Point of Beginning; thence continue North 89 degrees 43 minutes 27 seconds East a distance
of 86.83 feet;thence South 40 degrees 07 minutes 00 seconds East a distance 329.65 feet to the
!North and West right of way line of a proposed road; thence South 49 degrees 53 minutes 00
seconds West along said right of way But a distance of 110.50 feet; thence!South 51 degrees 01
minutes 46 seconds West a distance of 115.48 feet to the North right of way line of Industrial
Drive;thence Northwesterly along said right of way Une and along a curve io the left,said curve
having a radius of 230.00 feet, an arc distance of 132.17 feet; thence North 00 degrees 13
minutes 56 seconds East a distance of 362.11 feet to the Point of Beginning.
Exhibit B
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AFFIDAVIT OF CIRCUIT CLERK
COMES the Affiant, Greg Wallis, Circuit Clerk of Independence County,Arkansas, after
being duly sworn,and states as follows:
1. As Circuit Clerk, I act as the ex-officio Recorder for Independence County (the
"Recorder"), and the Recorder's duties include recording maps and plats of all newly laid out
subdivisions in the County.
2. 1 am familiar with the records, including maps and plats, filed with the Recorder.
3. 1 am familiar with that part of Industrial Drive between Grand Drive and Shirrell
Lane and where it is located.
4. There is no map or plat filed with the Recorder that shows that part of Industrial
Drive between Grand Drive and Shirrell Lane.
• i ,, 1111rl�I��
FURTHER,AFFIANT SAYETH NOT.
G A�yLIS+,.Gircriit;�l�ik ril _
SUBSCRIBED AND SWORN TO before me Notary Public on this day of
MpA 2024.
ARY P
My Commission Expires:
v ���• Q .•126946
a N TAR y
IOUBIiC
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Exhibit D
AFFIDAVIT OF CITY ENGINEER
COMES the Affiant, Damon Johnson, City Engineer for the City of Batesville,Arkansas,
after being duly sworn,and states as follows:
1. I am familiar with that part of Industrial Drive between Grand Drive and Shirrell
Lane.
?. As City Engineer, I am aware of the traffic flow in that part of the city and know
that the part of Industrial Drive between Grand Drive and Shirrell Lane is primarily used by
employees and invitees of Bad Boy Mowers and LifePlus and is not otherwise a regularly used
route of travel.
3. Closing that part of Industrial Drive between Grand Drive and Shirrell Lane would
not affect traffic flow in any way that would be detrimental to the city.
4. The vacation and abandonment of this section of Industrial Drive by the city would
save the city money on maintenance and repair costs.
FUItfHER,AFFIANT SAYETII NOT.
g
DAMO ' J € ON,City Engine
Date:
SUBSCRIBED AND SWORN TO before me, - Notary Public on this day of
� u , 7�� ram•
N ' Z PUBLIC
My Cornmissi7 Expires:
C'}� DONNA SMITH
lt// NOTARY PUBU&STATE OF ARKANSAS
INDEPENDENCE COUNTY
My Commission Expires 0310112032
Commission#12718834
Exhibit E
AFFIDAVIT OF CHIEF OF POLICE
COMES the Affiant,Alan Cockrill. Chief of Police for the City of Batesville,Arkansas,
after being duly sworn, and states as follows:
I. I am familiar with that part of Industrial Drive between Grand Drive and Shirrell
Lane. To my knowledge, that portion of Industrial Drive between Grand Drive and Shirrell Lane
is primarily used by employees and invitees of Bad Boy Mowers and LifcPlus and is not otherwise
regularly used by the public as a route of travel. Any traffic that the section does bear can easily
be handled by the remaining streets in the area. and no area would be non-accessible if the city
vacates and abandons this part of Industrial Drive.
2. Closing that part of Industrial Drive between Grand Drive and Shirrell Lane would
reduce the number of intersections and thereby potentially result in fewer accidents.
3. The above-referenced section of Industrial Drive is not part of any emergency plan
and is not commonly used by officers responding to emergencies. Should there be an emergency
in this area,emergency units would have easy access to surrounding areas without increased travel
or loss of time if this part of Industrial Drive were abandoned.
FURTHER,AFFIANT SAYETH NOT. }
ALAN COCKRILL, Chief of Police
Date:
SUBSCRIBED AND SWORN TO before me, a Notary Public on this day of
I , 20 211
NOIARY PUBLI{
My Commission Expires:
- PJ DONNA SMITH
NOTARY PUBLIC-STATE OF ARKANSAS
INDEPENDENCE COUNTY
My Commission Expires 03/01/2032
Commission#12718834
Exhibit F
AFFIDAVIT OF FIRE CHIEF
COMES the Atfiant. Mark MCCOIlum.Fire Chief for the City of"Batesville.Arkansas.alter
being duly s,.%orn.and states as follows:
I. The city's proposed vacating and abandoning of industrial Drive between brand
Drive and Shirreli Lane will not afficct any fire emergence tralfie in that area of the citN. Therellore.
the Fire Department has no objection to the proposal.
FURTHER,AFFIANT SAYETi I NOT.
r%RK N CCOLLUM. Fire Chief
Date
SUB/SCRIBED AND SWORN TO before me. a )tarn Public on this ,Z/c'� day of
20,24
O r1RY PUBLIC
My C:ommiss'on Expires:
DONNA SMITH
NOIARY PUBLIC-STATE OF ARKANSAS
INDEPENDENCE COUNTY
My Commission Expires 03101/2032
Commission#12718834
Exhibit G
AFFIDAVIT OF CEO OF VITAL LINK,INC.
COMES the Aftiant, Kathy Lanier, Chief Executive Officer of Vital Link, Inc.,after being
duly sworn,and states as follows:
1. I am familiar with that part of Industrial Drive between Grand Drive and Shirrell
Lane.
2. That part of Industrial Drive between Grand Drive and Shirrell Lane is not
commonly used by Vital Link EMS in responding to emergencies.
3. Should there be an emergency in this area,our emergency units would have access
to all parts of the area without any undue inconvenience or loss of time if this part of Industrial
Drive were abandoned.
FURTHER,AFFIANT SAYETH NOT.
KATH ANIE , CEO of Vital Link. Inc.
Date: 2 _
SUBSCRIBED AND SWORN TO before me, a Notary Public on this r" day of
, 20y
NOTARY PUBLIC
My Commission Expires:
.2 LI 3 d G 3 S i�+.o,u:•.` AUNORIA TAYIOR
MY COMMISSION#12384056
a'weue EXPIRES:$e0wnber24.2031
InOOW400M County
Exhibit H
CITY COUNCIL FOR THE CITY OF BA TES VILLE,ARKANSAS
PETITION TO VACATE AND ABANDON A SECTION OF INDUSTRIAL DRIVE
COME NOW the Petitioners, Bad Boy Mowers, LLC (successor by merger to Bad Boy,
Inc.) ("Bad Boy") and Eurark, L.L.C. d/b/a LifePlus International ("LifePlus") (collectively the
"Petitioners"),and for their petition to vacate and abandon that section of Industrial Drive between
Grand Drive and Shirrell Lane("Industrial Drive Section"), state as follows:
1. Petitioners are the owners of the following described Real Property located in the
city of Batesville, Independence County,Arkansas, to wit:
Bad Boy
Legal Description attached hereto as Exhibit"A" and incorporated herein.
LifePlus
Legal Description attached hereto as Exhibit "B" and incorporated herein.
2. The above-described property comprises all the land adjoining the Industrial Drive
Section, and Petitioners are the sole landowners who can access the Industrial Drive Section. A
copy of a parcel map showing the Industrial Drive Section and surrounding property owned by
Bad Boy and/or Life Plus is attached hereto as Exhibit "C" and incorporated herein.According
to the Independence County Circuit Clerk and ex-officio Recorder for Independence County,there
is no map or plat filed with the Recorder that shows the Industrial Drive Section. The Affidavit of
Circuit Clerk, Gregg Wallis, is attached hereto as Exhibit"D".
3. This petition to vacate the Industrial Drive Section is filed pursuant to Ark. Code
Ann. § 14-54-104(2).
4. Petitioners respectfully request that the Industrial Drive Section be closed,vacated,
and abandoned, subject to any utility easements within Industrial Drive.
5. Because of the location and configuration of Industrial Drive and the growth and
expansion of Bad Boy and LifePlus, the Industrial Drive Section is used almost exclusively by
employees and invitees of Petitioners, including tractor trailers delivering parts and transporting
products to/from Bad Boy's facilities on a constant basis.
6. Since Petitioners are the sole owners of the land adjoining the Industrial Drive
Section,Petitioners' interests are best served by closing the Industrial Drive Section.
7. A large number of tractor trailers and other trucks enter and exit the industrial Drive
Section from Bad Boy's facilities on a daily basis.
8. There are sufficient streets and thoroughfares in the area to carry traffic volume
through that part of the city so that the general public will not be hindered by the closing.
9. Vacating and abandoning the Industrial Drive Section will create a safer
environment for tractor trailers to enter and exit Bad Boy's facilities and increase the safety and
security of the hundreds of individuals employed by Petitioners and Petitioners' invitees, as well
as the public at large.
10. Vacating and abandoning the Industrial Drive Section will save the city
maintenance costs associated with its upkeep. Given the repeated exposure to heavy tractor trailer
rigs, the savings will be significant. The Affidavit of City Engineer, Daman Johnson, is attached
hereto as Exhibit"E".
11. Vacating and abandoning the Industrial Drive Section will protect Petitioners from
possible criminal activity. The Industrial Drive Section runs through the heart of Bad Boy and
LifePlus and their adjoining assets.As it exists now, the Industrial Drive Section is a public street
that can easily be used to burgle or steal the assets of Petitioners. Given that the public does not
use the Industrial Drive Section to any meaningful extent,this risk is unnecessary.
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12. Vacating and abandoning the Industrial Drive Section will not have any negative
impact on law enforcement functions, fire department functions, or other emergency services.All
emergency services will have ready access to the private drive as needed. The Affidavits of Alan
Cockrill, Batesville Chief of Police, Mark McCollum, Batesville Fire Chief, and Kathy Lanier,
CEO of Vital Link, are attached hereto as Exhibits "F","G",and "H", respectively.
WHEREFORE, premises considered, Petitioners respectfully pray that the section of
Industrial Drive between Grand Drive and Shirrell Lane in Batesville, Independence County,
Arkansas described above, be closed, vacated, and abandoned by the city of Batesville, pursuant
to Ark. Code Ann. § 14-54-104(2).
Respectfully submitted,
BAD BOY MOWERS, LLC,
Petitioner
and
EURARK, L.L.C., d/b/a LifePlus International
Petitioner
B ,
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Phi Campbell (Ark. Bar No. 81028)
Patrick L. Spivey(Ark. Bar No. 2002089)
FUQUA CAMPBELL, P.A.
3700 Cantrell Road, Suite 205
Little Rock,Arkansas 72202
peampbel lgfe-lawyers.com
pspive Ly-)fc-lawyers.com
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