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15301 ' ~ RESOLUTION NO. ,15'3 0 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, ~i 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 13th day of March, 1997, 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 at the proper time, as provided by law; and WHEREAS,the time fixed bylaw for appealing from said Order of Annexation made by the County Court has expired and no appeal has been taken from said Order; and 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: 87.99 acres lying in the N'/~ of Section 1, lying north and east of Interstate Highway 40 and 55 right-of--way and west of the centerline ofBurlington-Northern Railroad Spur, T-6-N, R-8-E, Crittenden County, Arkansas and being more particularly described as follows: Commencing at the northeast corner of said Section 1, thence N89°32'56"W along the north line of Section 1 a distance of 523.41 feet to a point in the centerline of the Burlington-Northern Railroad Spur and on the existing city limits, said point being the point-of-beginning; thence S 11 ° 13'01 "E along the centerline of said railroad a distance of 2384.31 feet to a point on the north right-of--way line of Interstate 40 and 55, thence N68°47'15"W along said right-of--way line a distance of 1556.42 feet to a point, thence N62°00'39"W along said right-of--way line a distance of 355.62 feet to a point, thence along a curve that breaks to the right with a radius of 1811.86 feet an arc length of 1136.48 feet, thence N16°41'38"W along the east right-of--way line of Interstate Highway 55 a distance of 715.59 feet to a point on the north line of said Section 1 and the centerline of Afco Road a distance of 1359.21 feet to a point, thence N89°32'56"E along the north line of said Section 1 and the centerline of Afco Road a distance of 783.39 feet to the point-of-beginning, containing .99 acres more or less. PASSED AND APPROVED this ~ day of , 1997. 4~ COALS, Mayor I ~ t •• A i ~,~; _ .. ~~ LEES RESOLUTION NO. ,15'3 o P ~f~ ~ 2 19g A RESOLUTION ACCEPTING THE ANNEXATION' { ~~~ ~ ~~~4~K 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 13th day of March, 1997, 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 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; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: ecti n 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: 87.99 acres lying in the N'h of Section 1, lying north and east of Interstate Highway 40 and SSright-of--way and west of the centerline ofBurlington-Northern Railroad Spur, T-6-N, R-8-E, Crittenden County, Arkansas and being more particularly described as follows: Commencing at the northeast corner of said Section 1, thence N89°32'56"W along the north line of Section 1 a distance of 523.41 feet to a point in the centerline of the Burlington-Northern Railroad Spur and on the existing city limits, said point being the point-of-beginning; thence S 11 ° 13'01 "E along the centerline of said railroad a distance of 2384.31 feet to a point on the north right-of--way line of Interstate 40 and 55, thence N68°47'15"W along said right-of--way line a distance of 1556.42 feet to a point, thence N62°00'39"W along said right-of--way line a distance of 355.62 feet to a point, thence along a curve that breaks to the right with a radius of 1811.86 feet an arc length of 113 6.48 feet, thence N 16 ° 41'3 8 "W along the east right-of--way line of Interstate Highway 55 a distance of 715.59 feet to a point on the north line of said Section 1 and the centerline of Afco Road a distance of 1359.21 feet to a point, thence N89°32'56"E along the north line of said Section 1 and the centerline of Afco Road a distance of 783.39 feet to the point-of-beginning, containing .99 acres more or less. PASSED AND APPROVED this ~ day of , 1997. /OO LS, Mayor IN THE COUNTY COURT OF CRITTENDEN COUNTY, ARKANSAS IN THE MATTER OF THE ANNEXATION OF A 87.99 ACRE TRACT OF LAND LYING IN THE NORTH HALF OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 8 EAST, CRITTENDEN COUNTY, ARKANSAS, TO THE CITY OF WEST ,. MEMPHIS, ARKANSAS u ~, ~_. NO. CO- ~ ~ - 3 NOTICE OF HEARING ON PE'CITION FOR ANNEXATION Notice is hereby given that a petition has been filed in the County Court of Crittenden County, Arkansas, to have the following lands located in Crittenden County, Arkansas, to-wit: 87.99 acres lying in the N'/2 of Section 1, lying north and east of Interstate Highway 40 and 55 right-of--way and west of the centerline of Burlington-Northern Railroad Spur, T-6-N, R-8-E, Crittenden County, Arkansas and being more particularly described as follows: Commencing at the northeast corner of said Section 1, thence N89°32'56"W along the north line of Section 1 a distance of 523.41 feet to a point in the centerline of the Burlington-Northern Railroad Spur and at the existing city limits, said point being the point-ol=beginning; thence S 11 ° 13'0 l "E alonng the centerline of said railroad a distance of 2384.31 feet to a point on the north right-of--way line of Interstate 40 and 55, thence N68°47'15"W along said right-of--way line a distance of 1556.42 feet to a point, thence N62°00'39"W along said right-of--way line a distance of 355.62 feet to a point, thence along a curve that breaks to the right with a radius of 1811.86 feet an arc length of 1136.48 feet, thence N16°41'38"W along the east right-of--way line of Interstate Highway 55 a distance of 715.59 feet to a point on the north line of said Section 1 and the centerline of Afco Road a distance of 1359.21 feet to a point, thence N89°32'SG'E along the north line of said Section 1 and the centerline of Afco Road a distance of 783.39 feet to the point-ol=beginning, containing 87.99 acres more or less. incorporated into the City of West Memphis, Arkansas. The petitioners, Burlington Northern Railroad, Crittenden County, Arkansas, and Chadd Durrett signed the petition and are a majority of the total number of real estate owners and the owners of more than one-half of the lands in tl~e affected area. 54~ The petition requests that said lands be annexed to and become a part of the City of West Memphis, Arkansas. The petitioners have nominated David C. Peeples, West Memphis City Attorney, P. O. Box 1728, West Memphis, Arkansas, 72303, as the person authorized to act on their behalf in this matter. By Order of the County Court entered on the lath day of ~~ br~Q~y 1997, the date of the /day of / / /~}RCH , 1997, at p: dp a..m. has been set as a date for hearing said petition and the Clerk is ordered to publish notice of said hearing. All persons are hereby notified that a hearing on said petition will be heard in the Courtroom at the Crittenden County Courthouse at Marion, Arkansas, at D:DD Q..m. oii the /3-~,, day of ~ ~QCN , 1997, for the purpose of hearing objections, if any there be, to the annexation of said lands. All persons are hereby notified to be present and make known their objections, if any. W [TNESS my hand and seal as such County Clerk this ~~ day of ~EBRv,4~R y 1997. RUTH TRENT, County Court Clerk crate or co3a3ry a c3tttenden I hereby certHy this tD bs 3tl U1JS pppy ~ appears of record in my oiflce this . ~..,1~.~.,, 1~P~ODats CCerk BY .C. Cily\A nn ex\13NNotice. p Ic By: Deputy C erk 2 ~~s ~~D IN THE COUNTY COURT OF CRITTENDEN COUNTY, ARKANSAS 1N THE MATTER OF THE ANNEXATION OF A 87.99 ACRE TRACT OF LAND LYING IN THE NORTH HALF OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 8 EAST, CRITTENDEN COUNTY, ARKANSAS, TO THE CITY OF WEST MEMPHIS, ARKANSAS ~~~~~ ~1~-------.__Q'CLOCK ._..______Itq %` R' ~' ; F3UTIi I I?ENT, CLERI( 13Y-~-,--..~..-,__.~._._...__._,_,_ FINAL ORDER OF ANNEXATION ~-~ ~~"'° NO. CO-97-3 On this day this matter comes on for hearing upon the petition of Burlington Northern Railroad, Crittenden County, Arkansas, and Chadd Durrett, for annexation of territory to the City of West Memphis, Arkansas. The petitioners appear by and through their attorney, David C. Peeples. WHEREUPON, this cause is heard upon the Petition for Annexation, the Order Granting Annexation, the record herein, and other matters and things before the Court, from all of which the Court, being advised of the premises, finds: I . Since the Order herein on March 13, 1997, granting the Petition for Annexation herein and annexing the hereinafter described territory to the City of West Memphis, Arkansas, more than thirty (30) days have elapsed and no proceedings have been instituted to prevent the annexation of such territory, and it is proper that the annexation herein be finally confirmed. 1T 1S, THEREFORE, BY THE COURT, CONSIDERED, ORDERED, ADJUDGED AND DECREED THAT the Order of this Court entered herein on March 13, 1997, annexing the following described territory to the City of West Memphis, to-wit: ~~'/ 87.99 acres lying in the N''/z of Section 1, lying north and east of Interstate Highway 40 and 55 right-of--way and west of the centerline ofBurlington-Northern Railroad Spur, T-6-N, R-8-E, Crittenden County, Arkansas and being more particularly described as follows: Commencing at the northeast corner of said Section 1, thence N89°32'56"W along the north line of Section 1 a distance of 523.41 feet to a point in the centerline of the Burlington-Northern Railroad Spur and on the existing city limits, said point being the point-of-beginning; thence S 11 ° 13'01 "E along the centerline of said railroad a distance of 2384.31 feet to a point on the north right-of--way line of Interstate 40 and 55, thence N68°47'15"W along said right-of--way line a distance of 1556.42 feet to a point, thence N62°00'39"W along said right-of--way line a distance of 355.62 feet to a point, thence along a curve that breaks to the right with a radius of l 811.86 feet an arc length of 1136.48 feet, thence N16°41'38"W along the east right-of--way line of Interstate Highway 55 a distance of 715.59 feet to a point on the north line of said Section 1 and the centerline of Afco Road a distance of 1359.21 feet to a point, thence N89°32'56"E along the north line of said Section 1 and the centerline of Afco Road a distance of 783.39 feet to the point-of-beginning, containing 87.99 acres more or less; be, and it hereby is, in all things confirmed, and upo~l acceptance of said territory by the City of West Memphis, Arkansas, the Clerk of this Court shall duly certify one copy of the plat of such annexed territory, one copy of each Order of this Court, and one copy of the Ordinance or Resolution of the City of West Memphis, Arkansas, and forward same to the Secretary of State ofthe State of Arkansas and shall forward one copy of the plat of such annexed territory and one copy of each of said Orders of this Court to the Director of the Tax Division of the Arkansas Public Service Commission and shall forward a certified copy of the Orders of this Court to the City Council of the City of West Memphis, Arkansas, as provided by law. ENTERED this 15th day of April, 1997. dtAi~ra~ss +~ of GfMnden ~ I~r~kry crtgr tds b b~ a fi1M ~ ~ ~ppwrsd ~oadbabc/o~ti 10~~ ~/~ ,,//~~ dlydt By- 'GiA. C LINTY DGE -2- IN THE COUNTY COURT OF CRITTENDEN COUNTY, ARKANSAS IN THE MATTER OF THE ANNEXATION OF A 87.99 ACRE TRACT OF LAND LYING IN THE NORTH HALF OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 8 EAST, CRITTENDEN COUNTY, ARKANSAS, TO THE CITY OF WEST MEMPHIS, ARKANSAS ry a li _ _ _.0'CL_OCf(~ _ _ .i.' I~~llhlllf;EPh~I,~L.hC`~° NO. CO-97-3 ORDER GRANTING ANNEXATION On the 13th day of March, 1997, came on to be heard the petition of Burlington Northern Railroad, Crittenden County, Arkansas, and Chadd Durrett for the annexation of certain territory to the City of West Memphis, Arkansas, and from the petition and other papers filed herein, statements of counsel, and other matters and things before the Court, the Court finds: The Court has jurisdiction ofthe subject matter and of the petition tiled herein. 2. Tlis hearing date is not less than thirty (30) days after the filing of the petition asking for such annexation; that between the time of the tiling of the petition and the date of this hearing, the petitioners have caused notice to be published in the Evening Times, a newspaper published in Crittenden County, Arkansas, and having a general circulation in said county, once a week for three consecutive weeks. 3. The notice published contains the substance of t11e petition filed in this matter and also the time and place fixed by this Court for a hearing upon said petition. 4. The allegations of the petition tiled herein are sustained by the proof, and in particular, that the petitioners are a majority of the total number of real estate owners and the owners of more than one-half of the lands in the afected area; that the limits of the territory ~~ f requested by the petitioners to be annexed to the City of West Mernplris, Arkansas, are ~ ~ I accurately described; that an accurate map or- plat of the territory requested by the petitioners to be annexed to the City of West Memphis, Arkansas, has been filed herein, and the prayer of the petitioners is right and proper. 5. The only property within the area proposed to be annexed to West Memphis that is not owned by the petitioners is the property held by the Arkansas Highway Commission, which has indicated by letter dated November 4, 1996, that it does not oppose this annexation. IT IS, THEREFORE, BY THE COURT, CONSIDERED, ORDERED AND ADJUDGED THAT the petition of Burlington Northern Railroad, Crittenden County, Arkansas, and Chadd Durrett for arulexation of the following described territory should be, and the same hereby is, granted, and that such territory should be, and the same hereby is, annexed to the City of West Memphis, Arkansas, as follows, to-wit: 87.99 acres lying in the N'/~ of Section 1, lying north and east of Interstate Highway 40 and 55 right-of--way and west of the centerline of Burlington-Northern Railroad Spur, T-6-N, R-8-E, Crittenden County, Arkansas and being more particularly described as follows: Commencing at the northeast corner of said Section 1, thence N89°32'56"W along the north line of Section 1 a distance of 523.41 feet to a point in the centerline of the Burlington-Norther^ Railroad Spur and on the existing city limits, said point being the point-of-beginning; thence S 11 ° 13'01 "E alonng the centerline of said railroad a distance of 2384.3 I feet to a point on the north right-of--way line of Interstate 40 and 55, thence N68°47'15"W along said right-ol=way lice a distance of 1556.42 feet to a point, thence N62°00'39"W along said right-of=way line a distance of 355.62 feet to a point, thence along a curve that breaks to the right with a radius of 1811.86 feet an arc length of 11 36.48 feet, thence N 16°41'38"W along the east right-of--way line of Interstate Highway 55 a distance of 715.59 feet to a point on the north line of said Section 1 and the centerline of Afco Road a distance of 1359.21 feet to a point, thence N89°32'56"E along the north line of said Section 1 and the centerline of Afco Road a -~- ~, distance of 783.39 feet to the point-of beginning, containing 87.99 acres more or less. IT IS FURTHER ORDERED THAT no further action be taken herein for a period of thirty (30) days as provided by law to allow the itlstitution of proceedings to prevent such annexation if any party should desire to take such action under the provisions of the laws of this .~.~/ State and, accordingly, this cause is continued until the f ,.~ day of ^~-; 1997, for further appropriate action as provided by law. DATED this 13th day of March, 1997. ,~- C UNTY JU GE ':~iedA~s fi~~dG~drii~ d ~~~~ piflt/ His b b~ a w ~~ t~~~rs mf n~aoN b a?~OAD~->f_i p ~ ~~r..r.~-1...L~ ~ CMltk er „~.o, City\anuex\RNOrder2.ple -3 - IN THE COUNTY COURT OF CRITTENDEN COUNTY, ARKANSAS IN THE MATTER OF THE ANNEXATION ~ ~ ~ ~- ~~ OF A 87.99 ACRE TRACT OF LAND ~~ LYING IN THE NORTH HALF OF ` ~` SECTION I, TOWNSHIP 6 NORTH, RANGE 8 EAST, CRITTENDEN COUNTY, RUTH T1iENT, CLEfift ARKANSAS, TO THE CITY OF WEST -~---- - .._.... _ MEMPHIS, ARKANSAS NO. CO- GI ~- 3 ORDER SETTING HEARING Now on this day is presented the petition of Burlington Northern Railroad, Crittenden County, Arkansas, and Chadd Durrett for the annexation of territory to the City of West Memphis, Arkansas, said parties appearing by and through their attorney; and, from consideration of said petition, the statements of counsel, and other matters and things before the Court, the Court finds: /~ ,,_ That a hearing should be held on the petition on the "~ day of ~C ~ 1997, at jd : ~~ ~,in. in the Courtroom at the Crittenden County Courthouse at Marion, Arkansas, for the purpose of hearing objections, if any there be, to the annexation of said lands. The Clerk of the Court should be ordered and directed to publish notice of said hearing pursuant to A.C.A. 14-40-602. IT 1S SO ORDERED. DATED this ~ day of (L"Lbr 1997. _~~ CO NTY JUDGE rt'iEE Ot /~f6C ~'Gtidk+C.~ ~ r,~~~cs~~isbbsa~~~ City\Auncx\BN(h•dcr.plc ~,=~M'71iG1~IMC~d~llllr~i +a~,Z,. ~aood.aw+c IN THE COUNTY COURT OF CRITTENDEN COUNTY, AR~:ANSA~ 0' OC V M IN THE MATTER OF THE ANNEXATION OF A 87.99 ACRE TRACT OF LAND Fri Q ~ 1997 LYING IN THE NORTH HALF OF RUTH TRENT; CLERK SECTION 1, TOWNSHIP 6 NORTH, RIY..-______.__.._ .. RANGE 8 EAST, CRITTENDEN COUNTY, ARKANSAS, TO THE CITY OF WEST MEMPHIS, ARKANSAS NO. CO- ~~ -- PETITION FOR ANNEXATION Comes now the petitioners, Burlington Northern Railroad, Crittenden Co~nty, Arkansas, and Chadd Durrett and state as follows: The petitioners are a majority of the total number of real estate owners of the following described lands located in Crittenden County, Arkansas, to-wit: 87.99 acres lying in the N'/z of Section 1, lying north and east of Interstate Highway 40 and 55 right-of--way and west of the centerline ofBurlington-Northern Railroad Spur, T-6-N, R- 8-E, Crittenden County, Arkansas and being more particularly described as follows: Commencing at the northeast corner of said Section 1, thence N89°32'56"W along the north line of Section 1 a distance of 523.41 feet to a point in the centerline of the Burlington- Northern Railroad Spur and on the existing city limits, said point being the point-of-beginning; thence S 11 ° 13'01 "E along the centerline of said railroad a distance of 23 84.31 feet to a point on the north right-of--way line of Interstate 40 and 55, thence N68°47'15"W along said right- of-way line a distance of 1556.42 feet to a point, thence N62°00'39"W along said right-of- way line a distance of 355.62 feet to a point, thence along a curve that breaks to the right with a radius of 1811.86 feet an arc length of 1136.48 feet, thence N16°41'38"W along the east right-of--way line of Interstate Highway 55 a distance of 715.59 feet to a point on the north line of said Section 1 and the centerline of Afco Road a distance of 1359.21 feet to a point, thence N89°32'S6"E along the north line of said Section 1 and the centerline of Afco Road a distance of 783.39 feet to the point-of-beginning, containing 87.99 acres more or less. 2. The foregoing is a correct description of said lands, and the plat attached hereto as Exhibit "A" and made a part of this petition by reference, is an accurate plat of said lands, showing township and range in which said lands are situated. The pe~itioners are a majority of the total number of real estate owners in the area affected and the petitioners own more than one-half of the acreage affected. The remaining property is owned by the Arkansas Highway Commission, which has stated that it does not oppose this annexation and a copy of their 4. Said lands are contiguous to and adjoin the City of West Memphis, Arkansas, and petitioners 1. WHEREFORE, PETITIONERS PRAY THAT a date be set for hearing on this petition; that the correspondence is attGched hereto as Exhibit ~`B". desire that said lands be annexed to and become a part of the City of West Memphis, Arkansas. Further, said lands are adaptable to and needed for prospective municipal purposes. The petitioners nominate, constitute and appoint David C. Peeples, West Memphis City Attorney, P. O. Box 1728, West Memphis, Arkansas, 72303, as the authorized individual to act on behalf of the petitioners in this matter. Court order the Clerk to publish a notice of the hearing on the petition; and that upon final hearing the corporate limits of the City of West Memphis, Arkansas, be extended to include the lands hereinabove described. CRITTENDE2J COliPv i"1', ARKANSAS gIIRIL.INGTON NORTHERN RAILROAD, Petitioner Petitioner ~-~ I ~--'~ By. BRIAN WILLIAMS, COUNTY JUDGE llIRECTOR REAL ESTATE ATTEST: CH_ADD DUR.RETT, Petitioner CH.~DD U RETT (subject to terms in 8tatt of Arkansas County of Crittenden I hereby certify this t0 1?e a b'tJe OOpy ~ app ars of record in my ofiiC;a this . ~ ,t...~.19~ Probsd t~Yait 611 .C. DAVID C. PE LES (# 2123) West Memphis City Attorney P. O. Bex 1728 Exhibit C,attached hereto) West Memphis, AR 72303 (_501) 732-7515 Attorney for Petitioners --2- L.W. "BILL" CLARK, CHAIRMAN LITTLE ROCK BOBBY HOPPER, VICE CHAIRMAN SPRINGDALE HERBY BRANSCUM, JR. PERRYVI LLE r~RKANSAS STATE HIGHWAY C..~NIMISSION `:;~ .,., .,~j° P. O. Box 2261 L.rr~ri.r RocK, AkhnNSns 72203-2261 "I'ei.ia>noNr No. (501) 569-2000 Fnx No. (501) 569-2400 November 4, 1996 Mr. David C. Peeples, Esq. City Attorney City of West Memphis, Arkansas P. O. Box 1728 West Memphis, AR 72303 RE: Annexation to the City of West Memphis Dear Mr. Peeples: JOHN "M" LIPTON WARREN J.W. "BUDDY" BENAFIELD NEWPORT DAN FLOWERS DIRECTOR OF HIGHWAYS AND TRANSPORTATION Reference is made to your letters of October 17, 1996, and October 29, 1996, concerning the annexation of certain lands in Crittenden County, Arkansas, to the City of West Memphis, Arkansas. Although we do not oppose the annexation of the highway property to your city, we, in keeping with our general policy, decline to sign the petition requesting annexation. It is my understanding that this policy has been explained to you by our Chief Counsel, Robert L. Wilson, and you may wish to pursue another means of annexation. If you have questions concerning the matter, please do not hesitate to contact Mr. Wilson at (501) 569-2112. ~X+~ tB~T "t3~~ Director of Highways and Transportation 4 My agreement to come into the city is based upon my land being zoned I-2 current non-conforming use being preserved and specially permitted for batching or mixing plant, asphaltic or portland cement, concrete, mortar or plaster. ~'X~ ~f3tT •.C ,~