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1601RESOLUTION NO . l6o r _ A RESOLUTION ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WEST MEMPHIS, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, a petition was filed with the County Clerk of Crittenden 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 West Memphis, Arkansas; and WHEREAS, on the 28th day of August, 1998, the County Court of Crittenden County, Arkansas, found that the petition was signed by a majority of the total number of real estate owners and the owners of more than one-half of the lands in the affected area; that the allegations of the petition filed herein were sustained by the proof; 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 that said lands and territory should be annexed to and made a part of the city of West Memphis, Arkansas, subject to the acceptance of same by the City Council of the City of West Memphis 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. L'~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: Section 1. The following described lands and territory contiguous to and adjoining the City of West Memphis, Arkansas, be and the same is hereby accepted as annexed to and made a part of the City of West Memphis, Arkansas: SHADY GROVE PARK SUBDIVISION OF LOTS 17, 18, 19, OF THE J.C. RAINER SUBDIVISION OF SOUTHWEST QUARTER (SW 1/4) AND WEST HALF(W 1/2) OF SOUTHEAST QUARTER(SE 1/4) SECTION TEN(10) TOWNSHIP SIX (6) NORTH, RANGE EIGHT (8) EAST, COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10, TO THE CITY OF WEST MEMPHIS, ARKANSAS. TOWNSHIP 6 NORTH, RANGE 8 EAST, CRITTENDEN COUNTY, ARKANSAS, SAID POINT OF COMMENCING BEGINS 2640.00 FEET EASTWARDLY AS MEASURED ALONG THE SOUTH LINE OF SECTION 10 FROM ITS SOUTHWEST CORNER, THENCE NORTH 00 DEGREES 06 MINUTES 30 SECONDS WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF SHADY GROVE PARK SUBDIVISION AND THE SOUTHEAST CORNER OF LOT 16 OF THE J.C. RAINER SUBDIVISION; THENCE NORTH 00 DEGREES 16 MINUTES 30 SECONDS WEST ALONG THE LINE DIVIDING LOT 16 OF THE J.C. RAINER SUBDIVISION, A DISTANCE OF 2580.00 FEET TO THE NORTHWEST CORNER OF SHADY GROVE PARK SUBDIVISION, SAID POINT BEING THE SOUTHWEST CORNER OF NORTHEAST QUARTER OF SECTION 10; THENCE EAST ALONG THE LINE DIVIDING THE NORTHEAST QUARTER OF SECTION 10 AND SHADY GROVE PARK SUBDIVISION. A DISTANCE OF 495.00 FEET TO THE NORTHEAST CORNER OF SHADY GROVE PARK SUBDIVISION, SAID POINT BEING THE NORTHWEST CORNER OF LOT 20 OF THE J.C. RAINER SUBDIVISION; THENCE SOUTH 00 DEGREES 16 MINUTES 30 SECONDS EAST ALONG THE LINE DIVIDING LOT 20 OF THE J.C. RAINER SUBDIVISION AND SHADY GROVE PARK SUBDIVISION, A DISTANCE OF 2580.00 FEET TO THE SOUTHEAST CORNER OF THE SHADY GROVE PARK SUBDIVISION, SAID POINT BEING IN THE NORTH LINE OF U.S. HIGHWAY N0. 70 AND SHADY GROVE PARK SUBDIVISION, A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING. CONTAINING 29.319 ACRES: 23.347 ACRES IN 308 LOTS AND 5.882 IN STREETS AS SHOWN MORE OR LESS. Section 2. This resolution shall be effective from and after the date of its passage and approval. PASSED AND APPROVED this at day of February, 1999. William H. Johnson, Mayor ATTEST: Phillip Para, City Clerk SPONSORED BY: Roberta Jacks n ~,t,LPi m s Pulli u Thomas Burroughs ,/+V4ta.~ n r .~ ~ r~ S c i~ ~< ~, 1 ~ n e c` ~ S ~ J n ~~ CITY CLERKS OFFICE DATA :~ a 99C?i~ ~ ~s ~ r , IN THE COUNTY COURT OF CRITTENDEN COUNTY, ARKANSAS IN THE MATTER OF THE ANNEXATION OF SHADY GROVE SUBDIVISION OF LOTS 17, 18, 19 OF THE J.C. RAINER SUBDIVISION OF SOUTHWEST QUARTER (SW 1/4) AND WEST HALF (W 1/2) OF SOUTHEAST QUARTER (SE 1/4) SECTION 10 (10) TOWNSHIP SIX (6) NORTHE, RANGE EIGHT (8) EAST COMMENCING AT THE SOUTHEAST CORNER OF SOUTHWEST QUARTER OF SECTION 10, CRITTENDEN COUNTY, ARKANSAS, TO THE CITY OF WEST MEMPHIS, ARKANSAS. JOE HILL, ET AL FILED AT_0'CLOCK M ~ ~. ~ q i ~~ RUTN TRENT,CLERK BY PETITIONERS NO. CO-97-203 FINAL ORDER CONFIRMING ANNEXATION Now on this ~=f- day of January, 1999, this matter coming on for further hearing upon the petition of Joe Hill, et al, for the annexation of territory to the City of West Memphis,. Arkansas, this cause having been continued to January 5, 1999, by the Order of this Court of August 28, 1998, granting the petition of petitioners, and the petitioners appearing herein by their attorney, Davis H. Loftin, and this cause is heard upon the original petition for annexation, duly verified, the Order of this Court of p August 28, 1998, granting the petition of petitioners, the record in this cause and other matters and things before the Court, from all of which the Court finds: 1. That no proceedings have been instituted to prevent annexation of the territory described in the petition of petitioners or the Order for Annexation granting such petition; that petitioners are the owners of all of the acreage affected by the proposed annexation and constitute the only owners of land included within such territory, and it is proper that the Order for Annexation previously entered herein be fully and finally confirmed, subject only to proceddings for approval and acceptance by the City of West Memphis, Arkansas, as provided by law. IT IS THEREFORE, BY THE COURT, CONSIDERED, ORDERED AND ADJUDGED that the Order of this Court entered herein on the 28th day of August, 1999, annexing the following described territory to the City of West Memphis, Arkansas, to wit: SHADY GROVE PARK SUBDIVISION OF LOTS 17, 18, 19, OF THE J.C. RAINER SUBDIVISION OF SOUTHWEST QUARTER (SW 1/4) AND WEST HALF(W 1/2) OF SOUTHEAST QUARTER(SE 1/4) SECTION TEN(10) TOWNSHIP SIX (6) NORTH, RANGE EIGHT (8) EAST, COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10, TO THE CITY OF WEST MEMPHIS, ARKANSAS. TOWNSHIP 6 NORTH, RANGE 8 EAST, CRITTENDEN COUNTY, ARKANSAS, SAID POINT OF COMMENCING BEGINS 2640.00 FEET EASTWARDLY AS MEASURED ALONG THE SOUTH LINE OF SECTION 10 FROM ITS SOUTHWEST CORNER, THENCE NORTH 00 DEGREES 06 MINUTES 30 SECONDS WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF SHADY GROVE PARK SUBDIVISION AND THE SOUTHEAST CORNER OF LOT 16 OF THE J.C. RAINER SUBDIVISION; THENCE NORTH 00 DEGREES 16 MINUTES 30 SECONDS WEST ALONG THE LINE DIVIDING LOT 16 OF THE J.C. RAINER SUBDIVISION, A DISTANCE OF 2580.00 FEET TO THE NORTHWEST CORNER OF SHADY GROVE PARK SUBDIVISION, SAID POINT BEING THE SOUTHWEST CORNER OF NORTHEAST QUARTER OF SECTION 10; THENCE EAST ALONG THE„LINE DIVIDING THE NORTHEAST QUARTER OF SECTION 10 AND SHADY GROVE PARK SUBDIVISION. A DISTANCE OF 495.00 FEET TO THE NORTHEAST CORNER OF SHADY GROVE PARK SUBDIVISION, SAID POINT BEING THE NORTHWEST CORNER OF LOT 20 OF THE J.C. RAINER SUBDIVISION; THENCE SOUTH 00 DEGREES 16 MINUTES 30 SECONDS EAST ALONG THE LINE DIVIDING LOT 20 OF THE J.C. RAINER SUBDIVISION AND SHADY GROVE PARK SUBDIVISION, A DISTANCE OF 2580.00 FEET TO THE SOUTHEAST CORNER OF THE SHADY GROVE PARK SUBDIVISION, SAID POINT BEING IN THE NORTH LINE OF U.S. HIGHWAY NO. 70 AND SHADY GROVE PARK SUBDIVISION, A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING. CONTAINING 29.319 ACRES: 23.347 ACRES IN 308 LOTS AND 5.882 IN STREETS AS SHOWN MORE OR LESS. be and it hereby is in all things confirmed and the Clerk of this Court shall duly certify one copy of the Orders of the Court to the City Council of West Memphis, Arkansas, and upon the adoption of a resolution by the City Council of the City of West Memphis, Arkansas, accepting the said territory as part of such city and the filing of a copy of the same herein, the clerk shall duly certify one copy of the plat, one copy of the Orders of this Court and the resolution of the City of West Memphis and file the same with the Secretary of State of the State of Arkansas, and one copy of such plat and the Orders of this Court shall be filed with the Director of the Tax Division of the Arkansas Public Service Commission as required by law. County Judge "14