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HomeMy WebLinkAbout2002-06-01 ORDINANCE NO, O —(0 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, Petition was filed with the Court Clerk 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 p day of June, 2002, theounty Court of Independence County, Arkansas found that the petition was signed by a majority 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 the said lands 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 WHEREAS, the time fixed by law for appealing from said Order of Annexation made by the County Court has expired and no appeal had been taken from said Order. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS: SECTION 1. That the following described lands 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. A tract of land being a part of the East Half(E ''/z) of the East Half(E %z)of the Northeast Quarter(NE '/4) in Section 8,Township 13 North,Range 6 West in the City of Batesville, Independence County, Arkansas, more particularly described as follows: Commencing at a mound of stones on the North side of a graveled roadway,the Southwest corner of the Southeast Quarter(SE '/4)of Northeast Quarter(NE ''/4)of said Section 8; thence North 02 degrees 19 minutes East a distance of 639.2 feet to a point on a wire fence; thence South 88 degrees 48 minutes East along said fence a distance of 10.06 feet; thence 48 degrees 54 minutes East along said fence a distance of 40.95 feet to a fence corner; thence North 01 degree 19 minutes East a distance of 595.77 feet along said wire fence to a point; thence North 22 degrees 49 minutes East a distance of • 24.6 feet along said fence to a fence corner on the South right of way line of White Drive (Arkansas State Highway#69); thence North 75 degrees 30 minutes East along • said South right of way line a distance of 137.61 feet; thence North 67 degrees 10 minutes East along said South right of way line a distance of 194.28 feet; thence North 56 degrees 55 minutes East along said South right of way line a distance of 390.24 feet to a fence corner and the Point of Beginning;thence North 56 degrees 05 minutes 25 seconds East along said South right of way line a distance of 402.7 feet; thence South 02 degrees 16 minutes 55 seconds West a distance of 655.02 feet; thence North 87 degrees 43 minutes 05 seconds West a distance of 325.0 feet to an existing fence; thence North 02 degrees 16 minutes 55 seconds East along said existing fence a distance of 417.23 feet to the Point of Beginning. SECTION 2. That the above described territory shall be annexed to and made a part of Ward of the City of Batesville, and the same shall henceforth be a part of said ward as fully existing parts of said ward. SECTION 3. It is hereby emergency found and declared that an emer enc exists and that this ordinance beingnecessary for the public welfare it shall be in full force and effect �' from the date of its passage PASSED AND APPROVED thisa�5 day of June, 2002. • HONORABLE JOE BIARD,MAYOR ATTEST: DENISE M.JOHNSTON CITY CLERK noD `� y;o Y v t 58Y'�y` b79 fdt W�pa 40, 1,0 Y ,�p�V 66 . `Js 4 h 4r p0! (64 OF,!" tyoJ VJ FJ s+ k'E 's tij JA NY lk w J R f�V vggS C I I � c . 7s 9,FpSE ' L .40 ji 41 1 y/ � Lylp.Wdx i J >a al,cv;F C ctso,. vq4.� / (]�• I t1,i N SS• C \h H � oD`�MVL tt:1 t Iii �, d � f ��' ' tr ;r � qX� �.•. ' .... `prf�B t. 1' v �t t i. ;p a y �. �.• �.r New IN THE INDEPENDENCE COUNTY COURT IN THE MATTER OF ANNEXING THE CITY OF BATESVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO THE SAID CITY OF BATESVILLE, ARKANSAS PETITION We, as property owners of the following described area, do hereby petition the County Court of Independence County, Arkansas, to annex the following lands to the City of Batesville, Arkansas. We further state that the petition is signed by a majority of the real estate owners owning more that one-half of the acreage in said area, and do further by our petition appoint N. E. Deskin Jr., of 267 East Main St. to act on behalf of the Petitioners in presenting this matter to the Court. Description of the area to be annexed to the City of Batesville, Arkansas: A tract of land being apart of the East Half(E %2) of the East Half(E '/2)of the Northeast Quarter(NE '/4) in Section 8,Township 13 North, Range 6 West in the City of Batesville, Independence County, Arkansas, more particularly described as follows: Commencing at a mound of stones on the North side of a graveled roadway,the Southwest corner of the Southeast Quarter(SE 1/4)of Northeast Quarter(NE '/<)of said Section 8; thence North 02 degrees 19 minutes East a distance of 639.2 feet to a point on a wire fence;thence South 88 degrees 48 minutes East along said fence a distance of 10.06 feet; thence North 48 degrees 54 minutes East along said fence a distance of 40.95 feet to a fence corner; thence North 01 degree 19 minutes East a distance of 595.77 feet along said wire fence to a point;thence North 22 degrees 49 minutes East a distance of 24.6 feet along said fence to a fence corner on the South right of way line of White Drive(Arkansas State Highway#69); thence North 75 degrees 30 minutes East along said South right of way line a distance of 137.61 feet; thence North 67 degrees 10 minutes East along said South right of way line a distance of 194.28 feet; thence North 56 degrees 55 minutes East along said South right of way line a distance of 390.24 feet to a fence corner and the Point of Beginning;thence North 56 degrees 05 minutes 25 seconds East along said South right of way line a distance of 402.7 feet; thence th 02 degrees 16 minutes 55 seconds West a distance of 655.02 feet; thence North07 IL degrees 43 minutes 05 seconds West a distance of 325.0 feet to an existing fence; thence North 02 degrees 16 in inutes 55 seconds East along said existing fence a MAY 1 • distance of 417.23 feet to the Point of Beginning. rtc3 R1 R 1"T„(8©21'Hey COUN & 7 SATE e'�.B `r400, (Ir IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED that the original papers in this cause 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 LLI _�1� HONARABLMAVIELWYATT ( INDEPENDENCE COUNTY JUDGE IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS • IN THE MATTER OF ANNEXING TO THE CITY OF BATESVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO THE SAID CITY OF BATESVILLE,ARKANSAS CASE NO. NOTICE OF HEARING You are hereby notified that a hearing in the above matter, will be heard on 0 at 9:00 a.m., or as soon thereafter as the business of the Court allows, in the County Courtroom, Independence County Courthouse, Batesville, Arkansas, before the Honorable David Wyatt. The petition requests the annexation to the City of Batesville, of the following described property located in Independence County, Arkansas. A tract of land being a part of the East Half(E '/z) of the East Half(E '/�) of the Northeast Quarter (NE ''/a) in Section 8, Township 13 North, Range 6 West in the City of Batesville, Independence County, Arkansas, more particularly described as follows: Commencing at a mound of stones on the North side of a graveled roadway, the Southwest corner of the Southeast Quarter(SE ''/n) of Northeast Quarter (NE 1/4) of said Section 8; thence North 02 degrees 19 minutes East a distance of 639.2 feet to a point on a wire fence; thence South 88 degrees 48 minutes East along said fence a distance of 10.06 feet; thence North 48 degrees 54 minutes East along said fence a distance of 40.95 feet to a fence corner; thence North 01 degree 19 minutes East a distance of 595.77 feet along said wire fence to a point; thence North 22 degrees 49 minutes East a distance of 24.6 feet along said fence to a fence corner on the South right of way line of White Drive (Arkansas State Highway #69); thence North 75 degrees 30 minutes East along said South right of way line a distance of 137.61 feet; thence North 67 degrees 10 minutes East along said South right of way line a distance of 194.28 feet; thence North 56 degrees 55 minutes East along said South right of way line a distance of 390.24 feet to a fence corner and the Point of Beginning; thence North 56 degrees 05 minutes 25 seconds East along said South right of way line a distance of 402.7 feet; thence South 02 degrees 16 minutes 55 seconds West a distance of 655.02 feet; thence North 87 degrees 43 minutes 05 seconds West a distance of 325.0 feet to an existing fence; thence North 02 degrees 16 minutes 55 seconds East along said existing fence a distance of 417.23 feet to the Point of FILED ' /L C�+ D Beginning. ® MAY 13 2002 C �T, ET BOOTHBY E' TE CLERK • Witness my hand and seal as County Clerk this Z2—day of , 2002. argaret oo iby County Cjgrk Professional Dental Technologies, Inc., Petitioner Attorney for Petitioner: Joann Underwood Joann Underwood, P.A. 267 E. Main Batesville, AR 72501 Telephone number: (870) 698-3571 • �'. 4L L IN THE INDEPENDENCE COUNTY COURT IN THE MATTER OF ANNEXING TO THE CITY OF BATESVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO THE SAID CITY OF BATESVILLE, ARKANSAS 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 N.E. Deskin Jr., of 267 East Main St, agent of the Petitioners, 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, doth hereby find,judge and decree as follows: 1. The Court finds that the Petition was filed more than thirty (30) days prior to this fate and that in said Petition the said N.E. Deskin Jr. was selected by the petitioners to act on their behalf in finding and presenting the Petition. 2. The Court doth find that a majority of the total number of real estate owners in the area affected by this petition have signed said Petition and that such majority owns 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 the said Petition and that said territory is contiguous to the boundaries of the City of Batesville, Arkansas. 4. The Court further finds that attached to 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. IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED that the following described territory is and the same is hereby annexed to and made a part of the City of Batesville,Arkansas,to-wit: A tract of land being a part of the East Half(E 1/2)of the East Half(E V2)of the Northeast Quarter(NE 1/4) in Section 8,Township 13 North,Range 6 West in the City of Batesville,Independence County,Arkansas, more particularly described as follows: Commencing at a mound of stones on the North side of a graveled roadway,the Southwest corner of the Southeast Quarter(SE 1/4)of Northeast Quarter(NE 1/4)of said Section 8;thence North 02 degrees 19 minutes East a distance of 639.2 feet to a point on a wire fence;thence South 88 degrees 48 minutes East along said fence a distance of 10.06 feet;thence North 48 degrees 54 minutes East along said fence a distance of 40.95 feet to a fence corner;thence North 01 degree 19 minutes East a distance of 595.77 feet along said wire fence to a point;thence North 22 degrees 49 minutes East a distance of 24.6 feet along said fence to a fence corner on the South right of way line of White Drive(Arkansas State Highway#69);thence North 75 degrees 30 minutes East along said South right of way line a distance of 137.61 feet;thence North 67 degrees 10 minutes East along said South right of way line a distance of 194.28 feet;thence North ® 56 degrees 55 minutes East along said South right of way line a distance of 390.24 feet to a fence corner and the Point of Beginning;thence North 56 degrees 05 minutes 25 seconds East along said South right of way line a distance of 402.7 feet;thence South 02 degrees 16 minutes 55 seconds West a distance of 655.02 feet;thence North 87 degrees 43 minutes 05 seconds West a distance of 325.0 feet to an existing fence; thence North 02 degrees 16 minutes 55 seconds East along said existing fence a distance of 417.23 feet to the Point of Beginning. NAME ADDRESS �j 109 Dennison Heights William T.Evans Batesville, AR 72501 i 70 Lomond Drive �I J. Robert Lemon Batesville, AR 72501 192 E. Main St. David Wyatt Batesville, AR 72501 gECREr State of Arkansas Secretary of State dY Business&Commercial Services 682-3409 ws v �y Elections 682-5070 Building&Grounds 682-3532 9�'XgNSAS Communications&Education 683-0057 State Capitol Police 682-5173 Charlie Daniels Business Office 682-8032 Secretary of State Information Technology 682-3411 April 2, 2004 The Honorable Margaret Boothby Independence County Clerk 192 East Main Street Batesville,AR.72501 Dear Ms. Boothby: The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 04/02/2004 County: Independence City: Batesville Annexation: Ordinance No. - 2002-6-1 Co. Order No CO 2002-1 Plat - X Election - Island - Incorporation: Ordinance No. - Co. Order No. - Plat - Election - Census Information 1 st Class City 2nd Class City - Incorporated Town - I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451. Sincerely, ,i Leanna Godley Election Services Representative Room 256 State Capitol • Little Rock,Arkansas 72201-1094 501-682-1010 • Fax 501-682-3510 e-mail:sos@aristotle.net • www.sos.arkansas.gov