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HomeMy WebLinkAbout2006-06-01 ORDINANCE NUT'v1BER C400 (0 — (0- 1 AN ORDINANCE: REZ.ONiNG 4.88 ACRB FROM R-1 TO C-1 COMMERCIAL, REQUESTED BY FRANK TRIPP. BE IT ORDAINED BY THE CITY COUNCIL AS FOLLOWS; SECTION 1. (1) The following property be and the same is hereby rezoned from R-1 Residential to C-1 Commercial. In accordance with the Rezoning procedures the Batesville , Planning Commission has recommended that the rezoning application be accepted and the property be rezoned from R-1 to C-1. (2) The property is described as thus: Legal Description,. -A tract of land being a part of the E 1/2 of the SW 1/4 in Section 15. T 13 N, R 6 W in the City of Batesville, Independence County, Arkansas, more particularly described as follows: commencing at the southeast corner of said E 1/2 of the SW 1/4; thence N 01 '42'05" E along the east line of said E 1/2 of the SW 1/4, 1043. 42 feet to the paint of beginning; thence N B7 '42' 19" W. 999.33 feet; thence N 24 '03'54" E. 239.83 feet; thence S 87 '42' 19" E. 900.07 feet to said east line; thence 5 01 '42'05- W. 222.74 feet to the point of beginning. Containing 4.©G acres, more or less, subject to any and all easements. (3) It is hereby found and declared that an emergency exists and that this ordinance being necessary for the public welfare, it shall be in full force and effect f:om the date of its passage. SECTION 2. - Severability. If any part of this ordinance shall be held void, such part -hall be deemed severable,and the invalidity thereof shall not effect the remaining parts of this ordinance. Passed and approved this Day of_ 2006. i Denise Johnston U Joe Biard 4 • S87*42'19'E 906.07' C 4.88 Acres N f ti N � 999.33' Na7'a2'19'N j° 0.8 W Y ' LL7 10 � O Cwt N z SputhgaSt Corne4 E 1/2. SH 1/4 Is 13 - 6 Legal Description. A tract of land being a part of the E 1/2 of the SW 1/4 in Section 15. T 13 N. R 6 W in the City of Batesville, Independence County, Arkansas, more particularly described as follows: commencing at the southeast corner of said E 1/2 of the SW 1/4: thence N 01 '42'05" E along the east line of said E 1/2 of the SW 1/4, 1043.42 feet to the point of beginniny; thence N B7 '42' 19" W. 999.33 feet: thence N 24 '03'54" E, 239.83 feet; thence S 07042' 19" E. 900.07 feet to said east line; thence 5 01 '42'05" W. 222.74 feet to the poinL of beginning. Containing 4.08 acres, more or less, suhiect to any and all easements . H Prepared by: The form of this deed conforms Batesville Title Services to the laws of the State of Arkansas. 248 East Main Street Certain information in this deed was Batesville,AR 72501 inserted by Batesville Title Services (870-793-5700) based upon information fumished by Seller Re: and/or Buyer hereunder,or other parties. (W EASEMENT ONLY WARRANTY DEED MARRIED PERSONS Know All Men by These Presents.- THAT resents:THAT WE,Charles Goff and Betty Goff,husband and wife,GRANTORS,for and in consideration of the sum of One Dollar($1.00)and other valuable consideration, in hand paid by Frank Tripp, GRANTEE(S),the receipt of which is hereby acknowledged,hereby grant,bargain, sell and convey unto the said GRANTEE(S),and unto HIS/HER/THEIR heirs and assigns forever,the following easement only over the following lands lying in INDEPENDENCE County,Arkansas: An Easement for purposes of a Roadway for ingress and egress of the Uniform Width of 50 feet described thus: A part of the E%:of SW%4 of Section 15,Township 13 North,Range 6 West, described thus: Commence at the SE corner of said E'/:of SW%and run thence North 01 degree 42 minutes 05 seconds East along East line thereof for 1266.16 feet; thence North 87 degrees 42 minutes 19 seconds West for 15 feet to the Point of Beginning and West line of School tract; thence continue North 87 degrees 42 minutes 19 seconds West for 50 feet; thence North 01 degree 42 minutes 05 seconds East to the Westerly R/W line of Harrison Street; thence South 21 degrees 29 minutes 52 seconds East along said R/W line to a point on the West line of the School tract that is North 01 degree 42 minutes 05 seconds East of the point of beginning; thence along the West line of the School tract South 01 degree 42 minutes 05 seconds West to the Point of Beginning. To have and to hold the same unto the said GRANTEE(S), and unto HIS/HER/THEIR heirs and assigns forever,with all appurtenances thereunto belonging. And we hereby covenant with said GRANTEE(S)that we will forever warrant and defend the title to the said lands against all claims whatever. And we, the GRANTORS, for and in consideration of the said sum of money, do hereby release and relinquish unto the said GRANTEE(S)all our rights of dower,curtesy and homestead in and to the said lands. I certify under penalty of false swearing that at least the legally correct amount of document stamps have been placed on this instrument. Grantee or Agent Grantee's Address City and State -;a • WITNESS our hands and seals on this day of April, 2006. Charles Goff Betty Goff ACKNOWLEDGEMENT STATE OF ARKANSAS ) COUNTY OF INDEPENDENCE) On this day,personally appeared before me Charles Goff and Betty Goff known to me to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. WITNESS my hand and official seal this z& eavyof April,2006. My commission expires: `�°�%�%f� !�✓ Notary Public i