HomeMy WebLinkAbout2008-11-03 ® AMENDED ORDINANCE NO.6900 -
AN ORDINANCE BEFORE THE CITY COUNCIL
OF THE CITY OF BATESVILLE, ARKANSAS
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF BATESVILLE, ARKANSAS AND MAKING SAME A PART OF THE
CITY OF BATESVILLE, ARKANSAS, AND ASSIGNING SAME TO WARDS
WHEREAS, A Petition was filed with the Court of Independence
County, Arkansas, by the majority of the real estate owners of the
hereinafter described territory praying that said territory be annexed to,
and made a part of the City of Batesville, Arkansas; and
WHEREAS, on the 16"' day of January, 2006, the County Court of
Independence County, Arkansas, found that the Petition was signed by all
of the real estate owners in said territory; that said territory was
contiguous and adjoining the present corporate limits of the City of
Batesville, Arkansas; that an accurate plat or map of said territory had
been filed with and made a part of said petition; that proper notice had
been given for the time and in the manner prescribed by law, and that all
things pertaining thereto had been done in the manner prescribed by law,
and that said land and territory should be annexed to and made a part of
the City of Batesville, Arkansas, subject to the acceptance of same by the
City Council of said City at the proper time, as provided by law; and
a
® WHEREAS, the time fixed by law for appealing from said Order of
Annexation made by the County Court has expired and no appeal has been
taken from said Order.
WHEREAS, it is necessary to have filed this Amended Ordinance to
correct an error in the legal description that was set forth in the original
Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS:
SECTION 1. That the following described land and territory
contiguous and adjoining the City of Batesville, Arkansas, be and the same
is hereby accepted as part of and annexed to and made a part of the City
•
of Batesville, Arkansas.
See Attached Exhibit "A" which is a true and correct
description of the property being annexed.
SECTION 2: That the above described territory shall be annexed to
and made a part of Ward 3 of the City of Batesville, and the same shall
henceforth be a part of said ward as fully as existing parts of said ward.
SECTION 3: Attached as Exhibit "B" is a plat of certain real
property part of which is in the City of Batesville, showing proposed
roads which will be providing ingress and egress to the area to be
annexed.
• FURTHER, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE,
ARKANSAS:
That the following roads as set forth on Exhibit "B", are hereby
approved and accepted by the City of Batesville as dedicated public roads,
conditioned upon the roads being in compliance with the minimum
standards as set forth in Batesville City Ordinance No. 986.
PASSED AND APPROVED this day of ; 2008.
Rick Elumbaugh, Mayor
• ATTEST:
BY:, �
City Clerk
EXHIBIT "A"
A tract of land being a part of the S1/2, SEI/4, Section 8, T 13 N, R 6 W, in
the City of Batesville, Independence County, Arkansas , more particularly
described as follows:
Beginning at the Southeast corner of said Section 8; thence N 87 degrees 47' 08"
W along the south line of said Section 8, 649.44 feet to the Southeast corner
of the Batesville Public Schools tract; thence along the east and north lines
of said Batesville Public Schools tract the following; N 02 degrees 00'38" W,
335.11 feet to an embedded stone; N 88 degrees 20'59" W 447.98 feet; N 00
degrees 10'31" E, 94.14 feet; N 88 degrees 36'34" W, 424.18 feet to the northwest
corner of said Batesville School tract and the east right of way line of Hill Street;
thence N 01 degree 08'35" E along said east right of way line 116.00 feet to the
southwest corner of the West Baptist Church tract; thence S 88 degrees 16'17" E
150.00 feet to the southeast corner of said West Baptist Church tract ;
thence N 01 degree 08'35" E, 95.00 feet to the northeast corner of said
West Baptist Church tract and the South line of the Camden tract; thence S 88
degrees 16'17" E, 150.00 feet to the southeast corner of said Camden Tract;
thence N 01 degrees 08'35" E, 60.00 feet to the northeast corner of said Camden
tract; thence N 88 degrees 16'17" W, 300.00 feet to the northwest corner of said
Camden tract and said east right of way line of Hill Street; thence N 01 degrees
08'35" E along said right of way line, 30.00 feet to the southwest corner of the
Gaston Tract; thence S 88 degrees 16'17" E along the south line of said Gaston
tract, 235.00 feet; thence N 01 degrees 08'35" E, 218.65 feet to the northeast
corner of the Rush tract and the South line of the Montgomery tract; thence S 87
degrees 31'01" E, 85.00 feet to the southeast corner of said Montgomery tract;
thence N 01 degrees 08'35" E, 210 .00 feet to the northeast corner of the
Montgomery tract and the south line of Sun Valley 2nd Addition,; thence S 87
degrees 31'01" E, 121.82 feet to the southeast corner of said Sun Valley 2nd
addition tract and the east line of said Section 8; thence S 03 degrees 08'45" W,
1143.12 feet to the point of beginning. This tract contains 30.04 acres, more or
less, and is subject to any and all easements.
•
BELEW Ft BELL
ATTORNEYS AT LAW
500 EAST MAIN, SUITE 208
BATESVILLE, ARKANSAS 72501
TELEPHONE (870) 793-4247
JOHN M. BELEW 1-800-214-2626 TELECOPIER
STEVE BELL (870) 793-2055
E-mail:Steve@BelewandBell.com
November 12, 2008
The Honorable Bill Hicks
Independence County Judge
192 East Main Street
Batesville, AR 72501
The Honorable Rick Elumbaugh
Mayor of City of Batesville
500 East Main
Batesville, AR 72501
RE: Annexation to the City of Batesville, Arkansas 30.04
owned by Batesville School District No. 1
Dear Bill and Rick,
The Felix Gaston property was annexed to the City of Batesville in
February of 2006. It has just been brought to my attention that there was an
error in the legal description in Exhibit A attached to the Decree of Annexation
and the Ordinance. It is my opinion that the best way to correct this error is for
the County Court to sign a new amended decree with the correct legal
description, and then the City Council pass the new Amended Ordinance with
the correct legal description and then file those appropriately.
If you have questions, please let me know.
Cordially,
1
Steve Bell
SLB/jd
cc: Mr. Ted Hall
NOTES
1. 1/2" Rebar Set at all property corners except as noted.
2. No utilities and or easments are shown.
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FOR: BATESVILLE PUBLIC SCHOOLS
GASTON ET . AL . Date
7/27/04
PROPERTY SURVEY Job No.
895-112
LAND SURVEYING SERVICES, INC. Drawn b,
PM
Date Revisions By 165 EAST CHARLES STREET cne[kea
BATESVILLE, ARKANSAS 72501 P.M.
Telephone (870) 793-2310 Fax 793-9558 Sheet
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PI RTY DESCRIPTION
A tract of land being a part of the S1/2. SEI/4. Section B. T 13 N. R 5 W. 3
in the City of Batesville. Independence County. Arkansas. more particularly m�,
described as follows: m..
beginning at the southeast corner of said Section 8: -
thence N 87'47'08' W along the south line of said Section 8. 649.44 feet O LLl
to the southeast corner of the Batesville Public Schools tract: o m
thence along the east and north lines of said Batesville Public Schools tract the following: N
N 02'00'38" W. 335.11 feet to an embedded stone: Ou
N 88'20'59" W. 447.98 feet:
N 00'10'31' E. 94.14 feet:
N 88'36'34" W. 424.18 feet to the northwest corner of said Batesville School tract
and the east right of way line of Hill Street:
thence N O1'OB'35"" E along said east right of way line. 116.00 feet to the southwest
corner of the West Baptist Church tract:
thence S 88'16'17" E. 150.00 feet to the southeast corner of said West Baptist Church tract:
thence N 01'08'35' E. 95.00 feet to the northeast corner of said West Baptist Church tract
and the South line of the Camden tract:
thence S88'16'17' E. 150.00 feet to the southeast corner of said Camden tract;
thence N 01'08'35"E, 60.00 feet to the northeast corner of said Camden tract:
thence N 88'16'17" W. 300.00 feet to the northwest corner of said Camden tract
and said east right of way line of Hilll Street:
thence N 01'08'35' E along said right of way line. 30.Oo feet to the southwest
corner of the Gaston tract:
thence S 88'16'17' E along the south line of said Gaston tract. 235.00 feet:
thence N 01'08'35' E. 218.65 feet to the northeast corner of the Rush tract
and the south line of the Montgomery tract:
thence S 87'31'01" E. 85.00 feet to the southeast corner of saitl Montgomery tract:
thence N 01'08'35" E. 210.00 feet to the northeast corner of said Montgomery tract
and the south line of Sun Valley 2nd Addition;
thence S 87'31'01" E. 121.62 feet to the southeast corner of said Sun Valley
2nd Addition tract and the east line of said Section 8;
thence S 03'08'45" W. 1143.12 feet to the point of beginning.
This tract contains 30.04 acres, more or less and is subject to any and all easements.
I
IN THE INDEPENDENCE COUNTY COURT
IN THE MATTER OF ANNEXATION TO THE CITY OF
BATESVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS
TO THE SAID CITY OF BATESVILLE, ARKANSAS NO. CO-2005-05
AMENDED DECREE OF ANNEXATION
On this regular day of a regular term of the County Court of Independence County,
Arkansas, there is presented to the Court by Steve Bell, agent for Petitioner, a Petition
for Annexation of certain territory, hereinafter more particularly described, to the City
of Batesville, Arkansas, and the Court being fully advised of the facts and the law, does
hereby find, judge and decree as follows:
1. That court finds that the Petition was filed more than thirty (30) days prior
to this date and that in said Petition, Steve Bell, was selected on behalf of the Petition to
act in filing and presenting the Petition.
2. The Court finds that all of the real estate owners in the area affected by
this Petition have signed said Petition and that such is more than one-half of the acreage
affected.
3. The Court further finds that the territory sought to be annexed was
accurately described in said Petition and that said Petition and said territory is
contiguous to the boundaries of the City of Batesville, Arkansas.
4. The Court further finds that attached and made a part of said Petition is an
accurate map of the territory sought to be annexed to the City of Batesville, Arkansas.
5. The Court further finds that the prayer of the Petition is right and proper.
6. This Amended Decree of Annexation is necessary to correct an error in the
legal description that was set forth in the original Decree of Annexation.
FILED
MAO
"1 0 P M
FEERC.
CORK
IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED that the following
described territory be and the same is hereby annexed to and made a part of the City of
Batesville, Arkansas, to-wit:
See Attached Exhibit "A"
IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED that the original
papers in this caused be delivered to the Clerk of Independence County, Arkansas, same
to be properly recorded upon the records of Independence County, Arkansas, and the
Clerk, after properly recording and filing the original papers, prepare transcripts of
same; that one of the certified transcripts be delivered to the City of Batesville,
Arkansas, one copy to the Secretary of State and one copy to the Director of the Tax
Division of the Arkansas Public Service Commission.
Honorable Bill Hicks
Independence County Judge
•
EXHIBIT "A"
A tract of land being a part of the S1/2, SE1/4, Section 8, T 13 N, R 6 W, in
the City of Batesville, Independence County, Arkansas , more particularly
described as follows:
Beginning at the Southeast corner of said Section 8; thence N 87 degrees 47' 08"
W along the south line of said Section 8, 649.44 feet to the Southeast corner
of the Batesville Public Schools tract; thence along the east and north lines
of said Batesville Public Schools tract the following; N 02 degrees 00'38" W,
335.11 feet to an embedded stone; N 88 degrees 20'59" W 447.98 feet; N 00
degrees 10'31" E, 94.14 feet; N 88 degrees 36'34"W, 424.18 feet to the northwest
corner of said Batesville School tract and the east right of way line of Hill Street;
thence N 01 degree 08'35" E along said east right of way line 116.00 feet to the
southwest corner of the West Baptist Church tract; thence S 88 degrees 16'17" E
150.00 feet to the southeast corner of said West Baptist Church tract ;
thence N 01 degree 0835" E, 95.00 feet to the northeast corner of said
West Baptist Church tract and the South line of the Camden tract; thence S 88
degrees 16'17" E, 150.00 feet to the southeast corner of said Camden Tract;
thence N 01 degrees 08'35" E, 60.00 feet to the northeast corner of said Camden
tract; thence N 88 degrees 16'17" W, 300.00 feet to the northwest corner of said
Camden tract and said east right of way line of Hill Street; thence N 01 degrees
08'35" E along said right of way line, 30.00 feet to the southwest corner of the
Gaston Tract; thence S 88 degrees 16'17" E along the south line of said Gaston
tract, 235.00 feet; thence N 01 degrees 08'35" E, 218.65 feet to the northeast
corner of the Rush tract and the South line of the Montgomery tract; thence S 87
degrees 31'01" E, 85.00 feet to the southeast corner of said Montgomery tract;
thence N 01 degrees 08'35" E, 210 .00 feet to the northeast corner of the
Montgomery tract and the south line of Sun Valley 2nd Additions; thence S 87
degrees 31'01" E, 121.82 feet to the southeast corner of said Sun Valley 2"d
addition tract and the east line of said Section 8; thence S 03 degrees 08'45" W,
1143.12 feet to the point of beginning. This tract contains 30.04 acres, more or
less, and is subject to any and all easements.
•
SUN VALLEY 2ND ADDITION
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PROPERTY DESCRIPTION '
A tract of land being a part of the 51/2. SEI/4. Section 6. 13 N. R 5 W. a
in the City of Batesville. Independence County. Arkansas. more particularly m--
described as follows: m.+
beginning at the southeast corner of said Section 8:
thence N 87'47'08" W along the south line of Said Section 8. 649.44 feet 0 m
to the southeast corner of the Batesville Public Schools tract; o m
thence along the east and north lines Of said Batesville Public Schools tract the following: Cu
N 02'00'38' W. 335.11 feet to an embedded stone: Z
N 88'20'59' W. 447.98 feet:
N 00'10'31' E. 94.14 feet:
N 88'36'34" W. 424.18 feet to the northwest corner of said Batesville School tract
and the east right of way line of Hill Street:
thence N 01'08'35"" E along said east right of way line. 116.00 feet to the southwest
corner of the West Baptist Church tract:
thence 5 88'16'17" E. 150.00 feet to the southeast corner of said West Baptist Church tract:
thence N 01'08'35' E. 95.00 feet to the northeast corner Of said West Baptist Church tract
and the south line Of the Camden tract:
thence 588'16'17' E. 150.00 feet to the southeast corner of said Camden tract: I
thence N 01'08'35'E. 60.00 feet to the northeast corner of said Camden tract;
thence N 88'16'17' W. 300.00 feet to the northwest corner of said Camden tract
and said east right of way line of Hilll Street:
thence N 01'08'35" E along said right of way line. 30.Oo feet to the southwest
corner of the Gaston tract:
thence S 88'16'17' E along the south line of said Gaston tract. 235.00 feet:
thence N 01'08'35' E. 218.65 feet to the northeast corner of the Rush tract
and the south line of the Montgomery tract:
thence S 87'31'01" E. 85.00 feet to the southeast corner of said Montgomery tract:
thence N 01'08'35' E. 210.00 feet to the northeast corner of said Montgomery tract
and the South line Of Sun Valley 2nd Addition:
thence S 87'31'01' E. 121.82 feet to the southeast corner of said Sun Valley
2nd Addition tract and the east line of said Section 8:
thence S 03'08'45" W. 1143.12 feet to the point of beginning.
This tract contains 30.04 acres. more or less and is subject to any and all easements.
NOTES
1. 112" Rebar set at all property corners except as noted.
2. No utilities and or easments are shown.
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FOR: BATESVILLE PUBLIC SCHOOLS
GASTON ET . AL . Date
7/27/04
PROPERTY SURVEY Job No.
895-112
LAND SURVEYING SERVICES, INC. Drawn b•
PM
Date Revisions By 165 EAST CHARLES STREET Checked
BATESVILLE, ARKANSAS 72501 I P.M.
Telephone (870) 793-2310 Fax 793-9558 Sheet n
f OF f
Scale
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s�°' r9q State of Arkansas
a�.s�• a r
Secretary of State
G > Business&Commercial Services 682.3409
Elections 682-5070
Building&Grounds 682-3407
NS S, Communications&Education_ 683-0057
State Capitol Police 682.5173
Charlie Daniels Business Office 682-8032
Secretary of State Information Technology 682-3411
December 10, 2008
The Honorable Karen Wooldridge
Independence County Clerk
192 East Main Street
Batesville,AR 72501
Dear Ms. Wooldridge:
The Following Information has been recorded and filed in the Office of the Secretary of
State:
Date: November 20, 2008 County: Independence City: Batesville
Annexation: Ordinance No. — 2008-11-2
County Order No - 2005-5
Plat - XXX
Election
Island -
Incorporation: Ordinance No. -
Co. Order No.
Plat -
Election -
Census Information: The following City or Town has been upgraded or reduced to:
1st Class City -
2nd Class City -
Incorporated Town -
I have forwarded this information to the Arkansas Municipal League and the Arkansas
Highway and Transportation Department and the Arkansas State Data Center. If you have any
further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451.
Sincerely,
TamNancy Cr keit
Election Services Representative
[ Arkansas Secretary of State
Room 256 State Capitol • Little Rock,Arkansas 72201.1094
501-682-1010 • Fax 501.682-3510
e-mail:arson@sos.arkansas.gov • www.sos.arkansas.gov