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HomeMy WebLinkAboutOrdinance 1274 562' PAGE 53 Sh/ ORDINANCE NO . 1274 ryC/4 AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO TH ; CITY (4 AYEiTE,VIJ^I°Fj„ ARKANSAS , BY ORDER OF THE CIRCUIT COURT OF WASHINGTOrd C I}TY., AR'KANSA9;7,S ASSIGNING SAID TERRITORY TO `.YARDS ; AND FOR OTHER PURPOSE iyCC� WHEREAS , in the general election held in the City of Fayetteville , Arkansa-t., M November 8 , 1960 , a majority of the qualified electors of the City of Fayetteville , Arl::..msas , voted to annex certain territory to the City of Fayetteville , Arkansas , and the City of Fayetteville , Arkansas , pursuant to the results of said election, filed its petition in ',:he County Court of Washington County , Arkansas , and thereafter on January 13 , 1961 , tF: Count Court entered an Order annexing certain territory to the City of Fayetteville , Arkanoa,> , and thereafter certain remonstrants appealed to the Circuit Court of Washington County , Arkansas , and WHEREAS , after the hearing before the Circuit Court of Washington County, Arkansas , the Court entered an Order dated August 23 , 1961 , annexing the fol--.owing described territory to the City of Fayetteville , Arkansas , to-wit : 1 . All of Section 3 , Township 16 North , Range 30 West , of the 5th Principal Meredian not now embraced in the corporate limits of the City of Fayetteville , Arkansas . Z . All of the North Half of the Northeast Quarter of Sect'.on 10 , Township 16 Nor 4 ' Range 30 West of the 5th Principal Meridian not now incorporated in the C-ty of Fayetteville , Arkansas . 3 . All of the West Half of the West Half of Section 36 , To• nshin 17 North, Range '10 West of the 5th Principal Meridian . 4 . All of the West Half of the West Half of Section 25 , Towns'iip 17 North , Range :: O West of the 5th Principal Meridian. 5 , A part of Section 35 , Township 17 North, Range 30 West of the 5th Principal Meridian, described as follows : Beginning at the Southeast corner of said Section 35 , running thence west three - fourths of a mile , more or less , to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 35 , thence north 3 , ", 0 feet, more or less , to a point in line with the northline of a road running east and west and known as Appleby Road; thence east along the north line of said Appleby Road of a mile ; thence north 1 , 350 feet; thence east 800 feet; thence north 300 feet , more or less , to the north line of said Section 35 , thence east 1 , 840 feet , more or less , to the Northeast corner of said Section 35 ; thence South one mile , more or less , to the Southeast corner of Section 35 , which is the beginning point . 6 . A part of Section 26 , Township 17 North , Range 30 West of the 5th Principal Meridian , described as follows : Beginning at the Southeast corner of said Section 26 and running thence west one- half of a mile , more or less , to the Southwest corner of the Southwest Quarter of the Southeast Quarter of said Section 26 ; thence north 900 feet; thence east 660 feet , more or less , to a point 660 feet west of the center line of U. S . Highway No . 71 ; thence north 420 feet , more or less , to the north line of the Southwest Quarter of the Southeast Quarter of said Section 26 ; thence east 660 feet , more or less , to the center line of U . S . Highway No . 71 , thence north with the center line of U . S . hiiG20FWP DATE OCT 9 1970 REEL 978 ' 6UU ; tl IFAGE 54 Ordinance No . 1274 - 2 - September 25 , 1961 Highway No . 71 , 2 , 640 feet , thence west 660 feet ; thence north 1 , 320 feet , more or less , to the north line of said Section 26 ; thence east 1 , 980 feet , more or less , to the Northeast corner of said Section 26 ; thence south one mile , more or less , to the Southeast corner of said Section 26 , which is the beginning point . r 7 . All of the West Half of the West Half of Section 24 , Township 17 North , Range 30 West of the 5th Principal Meridian . 8 . A part of Section 23 , Township 17 North , Range 30 West of the 5th Principal Meridian , described as follows : Beginning at the Southeast corner of said Section 23 and running thence west 1 , 980 feet , more or less , to a point 660 feet west of the center line of U . S . Highway Number 71 ; thence north along a line parallel to and 660 feet west of the center line of U. S . Highway Number 71 , a distance of 3 , 430 feet , more or less to the south line of a road known as the Johnson Road; thence east along the south line of the said Johnson Road a distance of 640 feet , more or less , to , the west line %of the pavement or vehicular traveled surface of U . S . Highway Number 71 ; thence in a northeasterly direction along the west line of the pavement or vehicular traveled surface of U . S . Highway Number 71 , a distance of 1 , 900 feet , more or less , to the north line of said Section 23 ; thence east 1 , 340 feet , more or less , to the Northeast corner of said Section 23 ; thence south one mile , more or less , to the Southeast corner of said Section 23 , which is the beginning point . 9 . Parts of Sections 13 and 24 in Township 17 North, Range 30 West of the 5th Principal Meridian, and parts of Sections 18 and 19 in Township 17 North , Range 29 West of the 5th Principal Meridian , described as follows : All of the South Half of the Southeast. Quarter of the Southwest Quarter of said Section 13 all of the South Half of the :Southeast Quarter of Section 13 ; all of the Northeast Quarter of the Southeast Quarter and all of the Southeast Quarter of the Northeast Quarter of said Section 13;;a11 of the Southwest Quarter of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of said Section 18 ; all "of the West Half of the Southwest Quarter of said Section 18 ; all of the Northwest Quarter of the Northwest Quarter of said Section 19 ; all of the North Half of the Northeast Quarter of said Section 24; all of the East Half of the Northwest Quarter of said Section 24; and all of the Southwest Quarter of the Northeast Quarter of said Section 24 , NO:'I , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE _CITY OF ' FAYETTEVILLE , ARKANSAS: SECTION 1 . That the annexation of the above described territory to the Corporate Limits of the City of Fayetteville , Arkansas , be and the same is hereby accepted . SECTION 2 . That all tracts of the above described territory lying east of U. S . Highway No . 71 , are hereby assigned to and made a part of 'lard Three of the City of Fayetteville . Arkansas ; and that all tracts of the above described territory lying west of U . S . Highway No . 71 , are hereby assigned to and made a part of Ward Two of the City of Fayetteville , Arkansas . i BOOK ? "A6E 55 Ordinance No . 1274 - 3 - September 25 , 1961 SECTION 3 . It appearing that residents in said above described areas are badly in need of facilities which the City of Fayetteville , Arkansas , is in a position to provide , an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED THIS 25th day of September , 1961 . APPROVED: GUY (t , BROWN , MAYOR f1y�. �OR:4 DAVIS , 'tCITY CLERK 1, CERTIFICATE OF RECORD STATE OF ARKANSAS Washington county r ss. I, Lloyd McConnell, circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexedorfore• going instr mant was filed for reco�rr in my office on ths4. , day of. . . Q1 , _ : . . , . , 19G/, at?�. .o clock ,CM, and the same is duly recorded in . . . . . . .. . . . record , `*�6 f— at page . . 457 . . . Witness my hand and seal this � day of , Q7„er . le .6J . .�D -- -. . C�cuit Clerk and Ex-Offico Recoder CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I , GEORGE J . DAVIS , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and u o foregoing is a true and correct copy of the � . , �aJtherein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume 6 at Pagefoo-i7thereof . IN WITNESS WHEREOF , I have hereunto set ��/ my hand and affixed my official seal this 0 � day of A4444019 6 City ClVrk -'i 236 F .. FR 236 IN THE COUNTY COURT OF WASHINGTON COUNTY , ARKANSAS IN THE MATTER OF THE ANNEXATION Idly 7 NiU OF CERTAIN TERRITORY TO THE CITY OF FAYETTEVILLE , ARKANSAS , A MUNICIPAL CORPORATION = ;':. ;_I ; - 0 R D E R ' • ".iTO11 C'• Or ARK Now on this & day of May , 1962 , is presented to the Court the Petition of James Waring Buice for an order of this Court , nunc pro tunc , to correct and amend a prior order of this Court rendered and entered the 23rd day of August , 1961 , in the above -entitled cause ; and the Court , being well and sufficiently advised in the premises , finds : That the aforesaid order of this Court rendered and entered on the 23rd day of August , 1961 , through clerical error and inadvertence , erroneously contained the following described real estate , to -wit : Part of the Southwest Quarter ( SW-14 ) of the Southeast Quarter ( SE4 ) , Section 13 , Township 17 North of Range 30 West , described as follows : Beginning at the Northeast corner of said 40 acre tract and running thence South 286 feet ; thence South 69 degrees 52 minutes West 1405 . 9 feet , more or less , to the West line of said 40 acre tract ; thence North 770 feet more or less , to the Northwest corner of said 40 acre tract ; thence East 1320 feet to the place of beginning . That the above -described real estate should be deleted and taken out of the order of annexation hereinabove mentioned . IT IS , THEREFORE , BY THE COURT CONSIDERED , ORDERED , AND ADJUDGED that the prior order of this Court rendered herein. on August 23 , 1961 , be and the same is hereby corrected and modified to the extent pro - vided herein . Bruce Crider , County Judge &-t 4 l a 7 .. . . ,24� 6-1 -- IN THE COUNTY COURT OF WASHINGTON COUNTY , ARKANSAS 240 I 1. Fn IN THE MATTER OF TI3E ANNEXATION OF CERTAIN TERRITORY TO THE CITY P. 7 111969 OF FAYETTEVILLE , ARKANSAS , A MUNICIPAL CORPORATION rf � ,-, ,�, ssn i c CL. CRh PETITION FOR ORDER NUNC,tj 'PUNC` Comes now James Waring Buice , and for his petition for an order of this court , nunc pro tunc , to correct a prior order of annexation by this Court rendered and entered in the above -entitled cause on the 23rd day of August , 1961 , now appearing in the records of the County Clerk ' s office of Washington County , Arkansas ; and states : That the aforesaid order of this Court rendered and entered the 23rd day of August , 1961 , through clerical error and inadver - tence , erroneously contained the following described real estate , to-wit : Part of the Southwest Quarter ( SWI, ) of the Southeast Quarter ( SE4 ) , Section 13 , Township 17 North of Range 30 West , described as follows : Beginning at the Northeast corner of said 40 acre tract and running thence South 286 feet ; thence South 69 degrees 52 minutes West 1405 . 9 feet , more or less , to the West line of said 40 acre tract ; thence North 770 feet more or less , to the Northwest corner of said 40 acre tract ; thence East 1320 feet to the place of, beginning , That the above -described real estate should be deleted and taken out of the order of annexation dated August 23 , 1961 . WHEREFORE , premises considered , Petitioner prays that this Court enter an Order Nunc Pro Tunc to delete and take out the herein-described real estate which was , through clerical error and inadvertence , contained in the annexation order dated August 23 , 1961 . If �J . , Attorney for Petitioner 1 . C\� f Z7 �I MICROFILMED