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AN ORDINANCE ACCEPTING THE ANNEXATION OF THE OAK SUBDIVISION AND CERTAIN OTHER TERRITORY TO THE CITY OF JONESBORO, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF JONESBORO, ARKANSAS, AMENDING THE ZONING ORDINANCE OF JONESBORO, ARKANSAS, AND ASSIGNING SAME TO WARDS
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WHEREAS, a Petition was filed with the County Clerk of Craighead County, Arkansas, by the majority of the acreage and owners of the hereinafter described territory, praying that said territory be annexed to, and made a part of the City of Jonesboro, Arkansas; and
WHEREAS, on December 13, 2011, the County Court of Craighead County, Arkansas, found that the Petition was signed by a majority of the real estate owners in said territory; that said territory was depicted on an accurate map of said territory (the "Map"), filed with and made a part of the said Petition, showing the Property to be contiguous and adjoining the present corporate limits of the City of Jonesboro, Arkansas; that proper notice had been given for the time and in the manner prescribed by law, and in all things pertaining thereto had been done in a manner prescribed by law, and that said lands and territories should be annexed to and made a part of the City of Jonesboro, 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; and
WHEREAS, the Jonesboro Metropolitan Area Planning Commission has recommended proper zoning of the said lands upon annexation approved by the City of Jonesboro, Arkansas; and
WHEREAS, it appears to the City Council that all applicable laws of the State of Arkansas and of the City of Jonesboro have been complied with in presenting this ordinance to the City Council.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas, that:
SECTION I: The following described lands and territory contiguous and adjoining the City of Jonesboro, Arkansas, is hereby accepted as part of and annexed to and made a part of the City of Jonesboro, Arkansas:
Tract 1
PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 14 NORTH, RANGE 4 EAST, CRAIGHEAD COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 1 AFORESAID; THENCE SOUTH 89°15'06" WEST, 296.16 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY #49, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 33°12'50" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE 767.84 FEET; THENCE SOUTH 39°55'26" WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 171.17 FEET; THENCE SOUTH 19°23'07" WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 133.88 FEET; THENCE SOUTH 33°12'50" WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 772.35 FEET TO A POINT LYING ON THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 2,197.76 FEET, A CHORD BEARING OF SOUTH 34°17'59" WEST AND A CHORD DISTANCE OF 82.58 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 2°09'10", A DISTANCE OF 82.58 FEET TO THE END OF SAID CURVE; THENCE SOUTH 40°53'05" WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 369.27 FEET; THENCE SOUTH 49°52'48" WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 336.35 FEET; THENCE SOUTH 60°50'46" WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 273.33 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF THE MINOR PLAT OF A+ MINI STORAGE (BOOK "C", PAGE 200) AND THE CENTERLINE OF BRIDGER CREEK; THENCE NORTH 23°11'58" WEST, ALONG THE CENTERLINE OF SAID BRIDGER CREEK AND ALONG SAID EASTERLY LINE, DEPARTING FROM SAID WESTERLY RIGHT-OF-WAY LINE, 420.43 FEET; THENCE NORTH 84°39'47" WEST, CONTINUING ALONG SAID CENTERLINE AND SAID EASTERLY LINE, 93.20 FEET; THENCE NORTH 22°11'47" WEST, CONTINUING ALONG SAID CENTERLINE AND ALONG SAID EASTERLY LINE, 123.3O FEET; THENCE NORTH 43°43'47" WEST, CONTINUING ALONG SAID CENTERLINE AND ALONG SAID EASTERLY LINE, 203.50 FEET; THENCE NORTH 56°33'47" WEST, CONTINUING ALONG SAID CENTERLINE AND ALONG SAID EASTERLY LINE, 59.40 FEET; THENCE SOUTH 82°34'11" WEST, CONTINUING ALONG SAID CENTERLINE AND ALONG SAID EASTERLY LINE, 80.50 FEET TO A POINT LYING ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 1 AFORESAID; THENCE NORTH 00°49'13" EAST, ALONG SAID WEST LINE, 1,534.44 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 89°15'06" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1, 2,335.39 FEET TO THE POINT OF BEGINNING.
CONTAINING IN ALL 3,277,229 SQ. FT. OR 75.23 ACRES, MORE OR LESS.
SUBJECT TO EASEMENT, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD.
Tract 2
PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 14 NORTH, RANGE 4 EAST AND PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 14 NORTH, RANGE 5 EAST, CRAIGHEAD COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 1 AFORESAID; THENCE SOUTH 89°15'06" WEST, 296.16 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY #49; THENCE NORTH 33°12'50" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 1,051.08 FEET TO THE POINT OF BEGINNING; THENCE NORTH 62°16'57" WEST, DEPARTING FROM SAID WESTERLY RIGHT-OF-WAY LINE, 292.59 FEET TO A POINT LYING ON THE EAST LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 01°10'29" EAST, ALONG SAID EAST LINE, 286.88 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE SOUTH 89°14'17" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1, 2,644.36 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THNECE NORTH 00°36'15" EAST, ALONG THE WEST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1, 1,311.60 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 89°31'35" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1, 2,657.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 1; THENCE NORTH 89°31'38" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 14 NORTH, RANGE 5 EAST AFORESAID, SAID POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY #49 AFORESAID; THENCE SOUTH 01°12'35" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 16.44 FEET; THENCE SOUTH 56°47'38" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 25.00 FEET; THENCE SOUTH 33°12'50" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE 150.14 FEET; THENCE SOUTH 34°51'02" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE 350.14 FEET; THENCE SOUTH 27°30'12" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 150.75 FEET; THENCE SOUTH 33°12'5O" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE 1381.02 FEET TO THE POINT OF BEGINNING.
CONTAINING IN ALL 4,831,720 SQ. FT. 110.92 ACRES, MORE OR LESS.
SUBJECT TO EASEMENT, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD.
(collectively, Tract 1 and Tract 2 will be referred to as the "Territory").
SECTION II: That the above described Territory shall be annexed to and made a part of Ward Three (3) of the City of Jonesboro, Arkansas, and the same shall henceforth be a part of said ward as fully as existing parts of said ward.
SECTION III: The Zoning Ordinance of the City of Jonesboro, Arkansas, codified as Chapter 117 of the Jonesboro Municipal Code, should be, and it hereby is amended so that the individual parcels within the Territory are zoned as requested and depicted in the Map, more specifically:
A. Tract 1. All of Tract 1 is zoned as the RS-4 classification, except the following parcels (fronting Highway 49 North) are zoned the "C-3" classification:
Parcel No.12-144014-00600 (Rex and Connie Gilbert)
Parcel No.12-144014-00900 (Rex and Connie Gilbert)
Parcel No.12-144014-01200 (CEO ASSOCIATES LLC)
Parcel No.12-144014-01300 (JORDYN-COLE, INC)
Parcel No.12-144014-01400 (ARKLA GAS COMPANY)
Parcel No.12-144014-00500 (Marcus and Rhonda Pruitt)
Parcel No.12-144014-00700 (Marcus and Rhonda Pruitt)
Parcel No.12-144014-00300 (Galen A. Rottinghaus)
B. Tract 2. All of Tract 2 is zoned the "RS-4" classification.
SECTION IV: All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION V: The City Clerk is hereby directed to amend the official zoning district boundary map of the City of Jonesboro, Arkansas, insofar as it relates to the lands described hereinabove so that the zoning classification of said lands shall be in accordance with the provisions of this Ordinance.
SECTION VI: Because of the need to quickly regulate and enforce the limitations, restrictions, and requirements of the zoning and building laws in the City of Jonesboro, and in order to ensure safe and consistent planning, construction and development, this Ordinance is necessary for the preservation of the public peace, health, comfort, convenience, morals, safety and welfare of the City of Jonesboro, Arkansas, and an emergency is therefore declared to exist and this Ordinance shall be in full force and effect from the date of its adoption.
PASSED AND ADOPTED this 6th day of March, 2012.