HomeMy WebLinkAbout2002-08-01 ORDINANCE NO. p?—
AN ORDINANCE APPROVING AND ACCEPTING THE
ANNEXATION TO THE CITY OF BATESVILLE, ARKANSAS OF A
TRACT OF LAND IN THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 13 NORTH,
RANGE 6 WEST, IN INDEPENDENCE COUNTY, ARKANSAS.
WHEREAS,the County Court oflndependence County,Arkansas,entered its Order on June
25, 2002, upon the Petition of Clifford L. Reynolds and Alene B. Reynolds, 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 ofthe hereinafter described lands located in Independence
County, Arkansas,
WHEREAS, more than thirty (30) days have elapsed since the entry or said Order by the
County Court of Independence County,Arkansas, and no person, firm or corporation has instituted
any proceeding in the Circuit Court oflndependence County,Arkansas,or elsewhere,to prevent such
annexation, and no protestants 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS:
Section 1: That the City of Batesville,Arkansas,acting by and through this City Council and
Mayor, does hereby approve the annexation of, and does hereby accept and make a part of the
incorporated area of the City of Batesville, Arkansas, the following described lands, and that said
lands be and are hereby assigned and attached to the 2 Ward of the City:
A tract of land being part of the NE 1/4 of the SE 1/4 of Section 7,
Township 13 North, Range 6 West of the 5' Principal Meridian in
Independence County, Arkansas, more particularly described as follows:
Commencing at the Northeast Corner of said NE 1/4 SE 1/4; thence run
South, a distance of 627.15 feet; to the Point of Beginning; thence run
South, a distance of 95.84 feet;thence run West, a distance of 127.59 feet;
thence run North 02 degrees 56 minutes 17 seconds East, a distance of
94.66 feet; thence run North 89 degrees 23 minutes 34 seconds East, a
distance of 122.74 feet to the Point of Beginning. Containing 0.27 acre,
more or less.
Section 2: 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 proceeding shall be delivered to and filed with the
Secretary of the State of Arkansas, pursuant to Arkansas Code Annotated Section 14-40-605.
PASSED: z
APPROVED:
*.
YOR
ATTEST:
CITY CLERK
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IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS
IN THE MATTER OF THE ANNEXATION
TO THE CITY OF BATESVILLE, ARKANSAS a ,
OF THE FOLLOWING DESCRIBED LANDS: No.
A tract of land being part of the NE 1/4 of the SE 1/4
of Section 7 in Township 13 North, Range 6 West of
the 5' P;incipal Meridian in Independence County,
Arkansas, more particularly described as follows:
Commencing at the Northeast Corner of said NE 1/4, F I L E
SE 1/4; thence run South, a distance of 627.15 feet; to
the Point of Beginning; thence run South, a distance of MAY 2UO2
95.84 feet; thence run West, a distance of 127.59 feet; 2
thence run North 02 degrees 56 minutes 17 seconds East, a P
a distance of 94.66 feet;thence run North 89 degrees 23 MARGAF2E boTHBY
minutes 34 seconds East, a distance of 122.74 feet to the COUNTY &P . ERK
... .... .......D.C.
Point of Beginning. Containing 0.27 acre, more or less.
PETITION
Come Clifford L. Reynolds and Allene B. Reynolds, husband and wife, Trustees of the
Reynolds Living Trust, and for their petition, state:
1. They are the owners and fee simple absolute of the above described lands which are
located in Independence County, Arkansas; and are contiguous to and adjoin the City of,Batesville,
Arkansas;that being the sole owners of said land,they constitute a majority of the real estate owners
in the area effected and own more than one-half of the area effected;that accurate maps showing the
location of the above-described lands are attached hereto and made a part of this petition.
WHEREFORE,Petitioners petition the County Court of Independence County,Arkansas to
q � 11� II 6 i
annex the above-described lands to the City of Batesville, Arkansas.
Dated this 27- day of May, 2002.
GARY VINSON, Attorney for
Clifford L. Reynolds and Allene B. Reynolds,
Trustees of the Reynolds Living Trust
- --------- -
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NEI/4 SE1/4 _
L3 SEC. 7
z T13N R6W PROPERTY DESCRIPTION
a
w 30 0 30 A tract of land being Dart of the NEI/4 of the SEI/4 of
Im 3 e t
Section 7 in Township 1 North, Range 6 est of the 5 h
a L7 c SCALE IN FEET ru Principal Meridian in Independence County, Arkansas more
particularly described as follows:
N74 Commencing at the Northeast Corner of said NEI/4,
SE1/4; thence run South, a distance of 627.15 feet to
}` POINT OF the Point of Beginning; the>glpe run South, a distance of
a /BEGINNING 85.84 feet; thence run Best, a distance of 127.58 feet;
N 80.23'34• 19,15 I / thence run North 02 degrees 56 minutes 17 seconds East,
a distance of 04.86 feet; thence run North 80 degrees 23
122.74' EDGE o: minutes 34 seconds East, a distance of 122.74 feet to the
ASPHALT Point of Beginning. Containing 0.27 Acre, more or less.
EXISTING HOUSE "i.,;
LJ e� Q S-AT
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SURVEYOR'S CERTIFICE
O C' _-^- UR'.Z In ;(t"^�9 L DAVID L. CARPENTER, a Registered Land Surveyor, do hereby
cefrtlfy that the snown Plat Is a true and correct representation
oa survey condeted under ny supervision.
-_APP �.L� This survey Is made for the exclusive use of She Drwsent
owners of tM orooerty, and also those eno Purchase, mortgage, or
�`v� ` guarantee the title thereto, within one year frM e
the ante nreon
HOP ��,,`�� snown, and as to tnen I warrant the accuracy of said survey and
,., ` pint.
19.15'
WEST 1
127.59' w
z
%,,, CARPEN TER
SUR IIEYI NG PROPERTY SURVEY
LEGEND A "�`u7°"` ""�""4'°� FOR CLIFFORD REYNOLDS
5— PK NAIL ONS 10\ ��f,,,R,,,d,,t i>s�i--m,
• - SET REBAR
- CALC. POINT w, cone 500-13N-06W-0-07-210-32-0846 APPW%CD DC DArc JUNE 24, 1999
csm'ILL
DRANNG CUM REYNO699 Fran aDw 74 meow my MC .,os An 99320083
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IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS
IN THE MATTER OF THE ANNEXATION
TO THE CITY OF BATESVILLE, ARKANSAS
OF THE FOLLOWING DESCRIBED LANDS: No.
A tract of land being part of the NE 1/4 of the SE 1/4
of Section 7 in Township 13 North, Range 6 West of
the 5' Principal Meridian in Independence County,
Arkansas, more particularly described as follows:
Commencing at the Northeast Corner of said NE 1/4,
SE 1/4; thence run South, a distance of 627.15 feet; to
the Point of Beginning;thence run South, a distance of
95.84 feet; thence run West, a distance of 127.59 feet;
thence run North 02 degrees 56 minutes 17 seconds East,
a distance of 94.66 feet;thence run North 89 degrees 23
minutes 34 seconds East, a distance of 122.74 feet to the
Point of Beginning. Containing 0.27 acre, more or less.
NOTICE
Notice is hereby given that Clifford L. Reynolds and AUene B. Reynolds, husband and wife,
Trustees of the Reynolds Living Trust, claiming to be a majority of the real estate owners of the
above-described lands, have filed, in the Independence County Court on May ZL, 2002, their
petition alleging that the above-described lands adjoin and are contiguous to the City of 13atesville,
Arkansas, and petitioning the Independence County Court to annex said lands to the City of
Batesville, Arkansas.
Hearing has been set in Independence County Court on said petition for ZJ,2002,
at the hour of 10 xv q.kh. at Independence County Court, Independence County Courthouse,
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Batesville,Arkansas. Any objection to or protesting 6f this proposed annexation must be presented
at that hearing.
Dated thisO�-�n�lay of May, 2002.
i
Margaret Bo, hbhk y, Ounty Clerk
® Independence County, Arkansas
MAY 2 2002 � pc.
CoA R"aRE�yI S'.•••..M
N.. Pf[p r ERK
.... ... ... .. ..o.c,
Thguf ward-Record Co., ;bc.
PUBLISHERS OF THE DAILY GUARD
Monday thru Friday
BATESVILLE, ARKANSAS
PROOF OF PUBLICATION STATE OF SA FFIDAVIT
.,
ADVERTISEMENT S
County n e
I• hereby certify that I am the
(editor),(proprietor), (ma ger)of the BATESVILLE, GUARD, a newspaper
published at regular intervals continuously at Batesville, Independence County,Arkansas,for more than a
period of twelve months,circulated and distributed from an established place of business to subscribers and
readers generally of all classes in the City and County for a definite price for each copy,or a fixed price per
annum,which price was fixed at what is considered the value of the publication,based upon the news value
and service value it contains; that at least fifty per cent of the subscribers thereto have paid cash for their
subscription to the newspaper or its agents or through recognized news dealers over a period of at least six
months;and that the said newspaper publishes an average of more than forty per cent news matter.
I further certify that the legal notice hereto attached was published in said newspaper for
-consecutive insertions as follows:
The first insertion on the OS4 day of 200a, the second
insertion on the _J4 day of 2 Oa,the third insertion on the
i +h day of the fourth inserlion on the
day of I 4k 41
20
OFFICIAL SEAL
E004ME J. DODSON PUBLIC-ARKANSAS Sworn to and subscribed before me this f day ofHARP COUNTY
leNon Expires tt•01.2008 _ d O
My commission expires:
Publication fees,S Received payment ,20
ItJ THE COUNTY COURT OF INDEPENDENCE COUNTY,ARKAN$A$�gt
IN.THE MATtEWOF THE ANNEXATION
x TO;THE C"-OF BATESVILLE,ARKANSAS
OF THE FOLLOWING DESCRIBED LANDS: No.C0.2002.21°
A tractbVWWttefng.partof the NEIA of the SE 1/4..
of Section 7 In Township 13 North,Rbrige 6 West of
the 5thf�lltttp$I�k�an ifttftffep6rrpence County,'
Arkansas,_f�orA par4arla�tibi�as follows:
ComYnbAb If th'e' CO "9Y of said NE 1/4, ,
w SE 1//4• rtm 3dlllir ,8 ,of 627.16 feet;to
g�the IYorltinning„then iuh South,a distance of tir"
n �95.84 ot;Ihanc9 r a West,a distance of 121.59 Wt,
i •thence nun North 02 dogribs 58 minutes 17 seconds East,
a distance of 94.66 feed thence run North 89 degrees 23.
r minutes 34 seconds East,a dislance of 122.74 feet to the
a Point of Baglnning:Containing 0.27 acre,more or logs.�IlC
JUN 2002 �E
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IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS
IN THE MATTER OF THE ANNEXATION
TO THE CITY OF BATESVILLE, ARKANSAS
OF THE FOLLOWING DESCRIBED LANDS: No. CO-2002-2
A tract of land being part of the NE 1/4 of the SE 1/4
of Section 7 in Township 13 North, Range 6 West of
the 5' Principal Meridian in Independence County,
Arkansas, more particularly described as follows: ,ta 8
Commencing at the Northeast Corner of said NE 1/4, f� I L E
SE 1/4; thence run South, a distance of 627.15 feet; to
the Point of Beginning; thence run South, a distance of JUN 2 � zQQz
95.84 feet; thence run West, a distance of 127.59 feet;
thence run North 02 degrees 56 minutes 17 seconds East,
. ...... ...._.................
a distance of 94.66 feet;thence run North 89 degrees 23 t`'" 100 HSY
minutes 34 seconds East, a distance of 122.74 feet to the .........•a•C.
Point of Beginning. Containing 0.27 acre, more or less.
ORDER
On this 25' day of June, 2002, is heard the petition of Clifford L. Reynolds and Alene B.
• Reynolds seeking annexation to the City of Batesville,Arkansas of the above described lands and the
Court being well and sufficiently advised does find:
1. That said petition was filed with the Clerk of this Court on May 22,2002,at which time
hearing thereon was set by order of this Court for June 25, 2002, at 10:00 a.m. in the Independence
County Courthouse,Batesville,Arkansas;that a notice of said hearing and the time and place thereof
has been published in the Batesville Guard Record once a week for three(3)consecutive weeks being
May 28', 2002, June 4� 2002, and June 11, 2002, and that Proof of Publication of said notice has
been filed herein;that no objection to or protest against this proposed annexation has been presented
to the Court or filed with the Clerk of the Court.
2. That the lands described hereinabove to be annexed are contiguous and adjoining the
City of Batesville, Arkansas; that petitioners constitute a majority of the real estate owners in the
lands to be annexed and are the owners of all of the same;that an accurate map showing the location
of said lands has been prepared by petitioners and is filed herein;that said petition for annexation has
4 been presented to the Court and from the statement of the petitioners and Gary Vinson, their
attorney,for the petition itself,and upon all matters before the Court,the Court finds that the petition
is proper and should be granted.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED 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 25`h day of June, 2002.
�.a�l taw�—
David Wyatt, unt�ge
Independence County, Arkansas
t
wSE,tlETq State of Arkansas
Secretary of State
d Y
Business&Commercial Services 682-3409
Elections 682-5070
Building&Grounds 682-3532
9R$ANSA 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. - 2002-8-1
Co. Order No CO 2002-2
Plat -
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,
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