HomeMy WebLinkAbout2006-02-01 ORDINANCE NO M-,5�- /
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 PRT OF THE
CITY OF BATESVILLE , ARKANSAS, AND ASSIGNING SAME TO WARDS
WHEREAS, A Petition was filed at 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`h 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 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
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.
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.
PASSED AND APPROVED this day of February, 2006.
r /f
goe Biard,/A-ayor
ATTEST:
By: L01y-\'(JL'A-" A
City Clerk
i
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 t 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 School District; thence along the east and north lines
of said Batesville Public Schools tract the following; N 02 degrees 00'38" W,
335.1 '1 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 3634" 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 0835" 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 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 0835" 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 flush 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 Walker tract and the south line of Sun
Valley 2nd Addition ; thence S 87 degrees 31'01" E, 1261.82 feet to the southeast
corner of said Sun Valley 2" 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.
LAND SURVEYING SERVICES, INC.
165 East Charles Street
Batesville, Arkansas 72501
Phone: 870 793-2310 • Fax: 870 793-95
( ) ( ) 58
Pete Musgrave, Professional Land Surveyor
SEE PAGE 23 TOWNSHIP 13N 9 RANGE 6W
' W.
L.5 R.8 m
D.Q.9 5.R.8 S.BAKER 15 MALCOLM G'L� E G io5 CITY Of T. 10 JOHN S4
• 48 BOBBY CHARLES MOORE �y B. J_W. BATESVILLE JOHN W E BRYANT
LT. .P.B T.B.7 BARN ETT MO MALCOLM C.T. 11 /39 5 1 8 SONS 'pERRYMAN
O CITY OF BAKER ETAL 197 J H MOORE B.H. ].J.I9 LOSEMAN o 4
J.G.S 29 F H 9 7 93
398 T 10 B 100 M.M.I
_ BATESVILLE A 138 B.R L. a
PQq BAKER
y 1 167 20 10 L C. G E B7 MOODY S/L K.
1 • BAKER 5, 72 � '
R.M. 1, 7 Q111L
SMALL B.I. 0 M.D.L. 9 94 30 17 HOMAS 53 •• y p CHARLESIIWEAVER1 •B.B .STREET TUCKER R.A.28 GW N. BARNE-T EVERETT
TRACT BARNETT _ GENCORP - 12 37 •33 R.A •.P.B. w L 50 BCLBURT
V� 113 14
SMALL TRUSTEE 11 INC. 58 33 T F 10 UN 8 G 120
OWNERS B 1 SA R.R.6�� S.C.12 C.B. 17 w
�14
RSMALL CAROLYN• 35 45 WR.KETZ ati ,�o� ' B.C. 7 S/LC.C. 13 = N BI�_Lv G.M. M T.20
W.L.T. SHELL 75 CAROLY ETaua �`v♦ " ,22 HERBERT 0C.11 S.B.13 3m HUFF•. MASSEYCKERS TRACiS 5 SHELL q0 •,O�PJS 12 5/L SKINNER.4 B.A,45• - 27..: 40 !E.M.15
^ K. S.B. M.D. 25 _ 25
�( BOBBY P B.T. 11 FAIR 26 26 PT - W,R.REG �n J. G.M.
R.M. \ BAKER 74 18 ASSN. H ,� MASSEY
WEAVER S/L DON r HARRY N.J.G CC//
200 69 F' rv, o VIRGIL HEUER BGHK 17 m m CASE 16 6• C.N. n 225
' CECIL DEAN z ,o -
SHERRILL BAKER So BUTLER 9 79 BARNEfT 10 jl ''"' 156 5�-
K.C.6 l ETAL 35 m g o 119 �gRry RUSTEES B T L.B - A.C.C.
L.D. C.EVi.IN •� " 7)R 65 47 MASSEY q 5.10
20,A z.DD.B.6 V 19 M�TE MA
H45 P.W.'.� _ .!. M. .5 DAR
F. Y. 1. 28 10 Hw 30 W. o, BARNET]BARNETT DARRELL DARRELL ]AMES 79 GENE
' 10 A SEXTON BETTY V.B. X42 TRTEES GIBES 23 CARL
SIMS 33. SSp� 35 GIBBS WILSON MA
W.E.S .� A.O.ET13 R1 L.26 74 80 SHAVER
K.C.6 4 F.GA5T0 67 i' BROWN SCOTT E.A.15 195
Z.R. 12 �?'P9ygy .B.29 .L.13 29 i.• A.G.S WOOD35
1.M.8 06 RK �p
W. .K.B. 4.M.2 ..M.L.00. )-1:1
C.F.6 T.K.16 LH.S 23 J.W AARON WOOD L.R.
R.5.7 J.H. 8 BATESVILLE _ 15 141 M.P. 3
' M.D.B C.R.
S/L J.H.6 M.E.6 �' 9 s CreeE ° .
R.C.S
ROBERT
159KELLEY R.Y:27 69 'A!9v. ..... .
` ......
I. JEWELL 1., 1. 5
BARBARA CARAWAY
CARAWAY
CHARLES
�g 186 ETAL 152/ GOFF
35
ELL
63 �•THOMAS ree W.R.B. ....
WIWAMS '- 29 7EWELL CARAWAI^•
�'. THOMASIEWELL 60 MICHAEL '6 ....,
' J.W.C.11 BARBARA WILLIAMS 57 CARAWAY COELOM B. W
D.L.7 SWEET
DON 57 10 R.M.
A,C.MAGOUYRK ROBERT DOYLE ROGERS
STEWART JACK .! WEAVER
54 JR. 55 STROUD LUSTER 50 ETAL 160
129 177 1 �
2 2 ARBRT
' 19 COURT S LL
DESHA 2 ]ACK
M FRANCES DESHA LESTER LUSTER 40 OWNERS
W YEATMAN LESTER 228 Sz son 31 WHITE RIVER 94
ABERDEEN
243 80 MOUNT BITUMINUOUSDEV.CORP. 110 ,
Q1, LRARlE6_., SIMPSON r' 179 15 EAGLE MT PROP.4 '2
' py VAN EMBURG 15 �• 88
RICHARD __^_ W.R. REB ABERDEEN
W W.R.B. BIT.INC.88 FARMS
FRANCES I LEWIS 12 L M 29 27 ST.S 69 D35.CORP. EAGLE
WILFORD
YEATMAN / lfil- TRACY STURCH
J.L. RAMSEY F.T. E.40 PRO C_ 42
' 181 STRO WA O 19 '.5 HILL J8B 25 85 WARD C 5137 SHAVER
STROUD MOUNT 12 F.D.4
R.B.5 N.S.5 J. 15 324 2 9 SIMPSON S/L 2 E.T17 R.8.5 �, 1.W. D.W34 FRED
E.H. RP 38 z CHARLES G.R. `�'r`� SR.5 DENISON o N
5 S/L 5/L 3 B� vayl�..� — v0i BOLLARD E.D.6 CJR 6 COC y0 L.M.20 �� � 214 DONALD zo
<z C.B.7 '� DENISON ,,, FRED
' STROUD g u 74 la W.R. J.H.10 ERMA 80 169 z
ESHA SMALL CI
F.T J.M. OF 160 25 G r m �36. P.R.7 8 S/L J.F. 121 58ETRON FRED ••Y LL 2236150N
TRACTS A.J. 10
12 5/L 5 R.A.T.1 A.J.I�ENISD
M.F.11 N.M.11 L.C.8 JEFFREY D.T.13 M.R.5, S.H.20 C.B. TW A.S.10 E.B.18 N.M.S �^ F.B.
B.M. EH 15 . T.E.k� . 15 H.f.S L. 23• FRED B.D.10• NOEL HEADSTREAM
D.W.9 TRUST 15 FRED
6 R P 6 R.D16 47 W.HARMON aek_,r •6 B.S.6 J8G LAND BURG DENISON 119 - DENISON MILL 157 120 R.M.
' SMALL B.O.
43CO.S A,C.CH. WEAVER
TRACTS M.S. B.0.8 FAM AL
GORDON' f.5.5 CRY OF R.Wg 3g S/L' DONALD 189 DONALD FRED
15 O.C.10 M.TR EIAL 49 2 HARMAN BATESVIL E p D 10 -A.R.DENISON E.C. : DENISON 0' ` DENISON 233
C.S.19 102 100
12 W.Y.7 51 180 D.T.10 W 7 37 F.D.JR.
M.J.6 T.M=• S.M.8'
A. .T T.S. A.C.8.6 T.5,2 C.M:20 CRY OF ���,Z�y -�`^• .A7 L.T,B R,51
G. 0 5. C.S.5 BATESVILLE - 20 LL.C. S.F.10 :C.T.S .. D.F.6 10 <� FRED
' T. 54 5.. 5 MARTIN - J.5.10 ,., r DENISON
10 ].W10 9 AND N NES ' 96 � 38 P. .5 VARNELL W. �L9,
REX JANINE .H.30 R�'T WANDA -11 L.S.B
GEIGER L.M.S N.0 5L A.P.B. THOMP- ENT.9 SHER- GLENDA ,',�, Y160
DAV1 WINT M.L.S: ; 50 G B.N.B p.T D. - G.R.5; J.R.14 DAVID ERTH 40 BOWER m a
20 S0 H. S C.WSR. 0 0 ]M8•' J.S.11 D.B.30 SON WHITE 65 W.T
1 10 .R v 80 = W.R. 59 LL i o
•• SEE PAGE 51
' Copyrighted 2001 Marceline Mapping LLC 39
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
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 find s 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. FILED
JP 7 2006
�M
MARGARET BOOTHBY
("OUNTY&PROBATE CL--.
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.
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.
'3-0-4'.0 -,-g '�
Honorable Bill Hicks
Independence County Judge
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 t 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 School District; 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 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 Walker tract and the south line of Sun
Valley 2nd Addition ; thence S 87 degrees 31'01" E, 1261.82 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.
January 16, 2006
On Monday January 16, 2006 at 10: AM County Court heard a petition for annexation
from the Batesville School District. There was no one present to voice opposition so the
petition was granted.