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1326 • 000 235 FILED NOV 3 0 2007 PULASKI COUNTY , ELECTION COMMISSION ORDINANCE NO, 1326 (425 - 07) AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS, AND OTHER AFFECTED PERSONS, THE UESTION OF ANNEXATION TO THE CITY OF JACKSONVILLE, ARKANSAS, CERTAIN CONTIGUOUS TERRITORY, DECLARING AN EMERGENCY, AND, FOR OTHER PURPOSES. WHEREAS, it appears to the City Council of the City of Jacksonville, Arkansas, that certain herein described territory contiguous to said City is necessary for the orderly and continued growth of the City; WHEREAS, the lands described herein are platted and held for sale or use as municipal lots or, whether platted or not, are held to be sold and developed as suburban property; WHEREAS, the lands described herein furnish the abode for a densely settled community and represent the actual growth of the City of Jacksonville beyond its legal boundaries; WHEREAS the lands described herein are also needed for proper municipal purposes by the City of Jacksonville; and, WHEREAS, the lands described herein are valuable by reason of their adaptability for use for and to the City of Jacksonville. THEREFORE BE IT ORDAINED A N D ENACTED BY THE CI T Y CO UNCI L OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT; SECTION ONE: There shall be submitted to the qualified electors of the City of Jacksonville, Arkansas, and the real property described herein and as reflected on the attached map the question of the annexation of the herein described real property and territory to the City of Jacksonville, Arkansas. The territory contiguous to the City of Jacksonville, Arkansas to be annexed therein is more fully described as follows: Parts of Sections 16, 17, 20, 21, 22, 27, 28, and 29 T -3 -N, R -11 -W, Pulaski County, Arkansas, more particularly described as follows: Beginning at the NW corner of the NE 1/4 Sec 22, T -3-N, R -11 -W, Pulaski County, Arkansas; thence East along the North line of the NE Vs 990.0 feet; thence South parallel to the East line of the NW 1 /4 of the NE 1/4 to the North right of way line of General Samuels Road; thence East alon g 9 the North right of way line of General Samuels Road to the East line of said Sec 22; thence south along the East line Sec 22 to the North line of the SE , /a of Sec 22• thence West along the North line of the SE 1/4 to the NW corner of the SE 1/4 Sec 22• thence South along the West line of the SE 1/4 to the SW corner of the SE 1/4 Sec 22; thence East along the South line of said SE 1/4 to the NE corner of the NW 1/4 of the NE 1/4, Sec 27, T -3 -N R -11 -W; thence South along the East line of the NW 1 /a of the NE 1 /a to the South fine of the NW 1/4 of the NE TA, thence West along the South line of the NW '/a of the NE 1/4 and the NE 1/4 of the NW 1/4 to the East line of the SW 1/4 of the NW 1/4; thence South along the East line of the SW 1/4 of the NW 1/4 to the South line of the NW 1/4; thence West along the South line of the NW 1/4 to the East line of Sec 28, T -3 -N, R- 11-W; thence South along said east line of Sec 28 to a oint 55 feet North of the southeast corner of Lot 9 Fears Lake Addition, Pulaski County, Arkansas; thence West parallel to and 55 feet north of the south lot lines of lots 9 -12 Fears Lake Addition to the West line of the SE 1/4 of Sec 28• thence North along said west line of the SE 1/4 of sec 28 to the North line of the South 1/2 of the SW 1 /a; thence West along the north line of the South 1 /2 of the SW 1/4 to the West Line of Sec 28; thence North along the west line Sec 28 to the South line of the NE 1/4 of Sec 29, T3N R11W; Thence West along the south line of the NE 1 /a to the west Line of the NE { /a• thence North along the West line of the NE 1/4 to the South line of Sec 20, T3N, R11W; thence West along the South line of said Sec 20 to the West line of Sec • 000 235 FILED NOV 3 0 2007 PULASKI COUNTY , ELECTION COMMISSION ORDINANCE NO, 1326 (425 - 07) AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS, AND OTHER AFFECTED PERSONS, THE UESTION OF ANNEXATION TO THE CITY OF JACKSONVILLE, ARKANSAS, CERTAIN CONTIGUOUS TERRITORY, DECLARING AN EMERGENCY, AND, FOR OTHER PURPOSES. WHEREAS, it appears to the City Council of the City of Jacksonville, Arkansas, that certain herein described territory contiguous to said City is necessary for the orderly and continued growth of the City; WHEREAS, the lands described herein are platted and held for sale or use as municipal lots or, whether platted or not, are held to be sold and developed as suburban property; WHEREAS, the lands described herein furnish the abode for a densely settled community and represent the actual growth of the City of Jacksonville beyond its legal boundaries; WHEREAS the lands described herein are also needed for proper municipal purposes by the City of Jacksonville; and, WHEREAS, the lands described herein are valuable by reason of their adaptability for use for and to the City of Jacksonville. THEREFORE BE IT ORDAINED A N D ENACTED BY THE CI T Y CO UNCI L OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT; SECTION ONE: There shall be submitted to the qualified electors of the City of Jacksonville, Arkansas, and the real property described herein and as reflected on the attached map the question of the annexation of the herein described real property and territory to the City of Jacksonville, Arkansas. The territory contiguous to the City of Jacksonville, Arkansas to be annexed therein is more fully described as follows: Parts of Sections 16, 17, 20, 21, 22, 27, 28, and 29 T -3 -N, R -11 -W, Pulaski County, Arkansas, more particularly described as follows: Beginning at the NW corner of the NE 1/4 Sec 22, T -3-N, R -11 -W, Pulaski County, Arkansas; thence East along the North line of the NE Vs 990.0 feet; thence South parallel to the East line of the NW 1 /4 of the NE 1/4 to the North right of way line of General Samuels Road; thence East alon g 9 the North right of way line of General Samuels Road to the East line of said Sec 22; thence south along the East line Sec 22 to the North line of the SE , /a of Sec 22• thence West along the North line of the SE 1/4 to the NW corner of the SE 1/4 Sec 22• thence South along the West line of the SE 1/4 to the SW corner of the SE 1/4 Sec 22; thence East along the South line of said SE 1/4 to the NE corner of the NW 1/4 of the NE 1/4, Sec 27, T -3 -N R -11 -W; thence South along the East line of the NW 1 /a of the NE 1 /a to the South fine of the NW 1/4 of the NE TA, thence West along the South line of the NW '/a of the NE 1/4 and the NE 1/4 of the NW 1/4 to the East line of the SW 1/4 of the NW 1/4; thence South along the East line of the SW 1/4 of the NW 1/4 to the South line of the NW 1/4; thence West along the South line of the NW 1/4 to the East line of Sec 28, T -3 -N, R- 11-W; thence South along said east line of Sec 28 to a oint 55 feet North of the southeast corner of Lot 9 Fears Lake Addition, Pulaski County, Arkansas; thence West parallel to and 55 feet north of the south lot lines of lots 9 -12 Fears Lake Addition to the West line of the SE 1/4 of Sec 28• thence North along said west line of the SE 1/4 of sec 28 to the North line of the South 1/2 of the SW 1 /a; thence West along the north line of the South 1 /2 of the SW 1/4 to the West Line of Sec 28; thence North along the west line Sec 28 to the South line of the NE 1/4 of Sec 29, T3N R11W; Thence West along the south line of the NE 1 /a to the west Line of the NE { /a• thence North along the West line of the NE 1/4 to the South line of Sec 20, T3N, R11W; thence West along the South line of said Sec 20 to the West line of Sec 000236 Ordinance No. 1326 ( #25 -07) Page 2 20; thence North along the West line of Sec 20 to the South line of the NW I/4, Sec 20; thence East along the South line of the NW 1 /4 of Sec 20 to the West line of the East 'h of the NW 1 /4 Sec 20; thence North along the West line of the East 1 /2 of the NW 1 /4 to the North line of Sec 20; thence East along the north line of Sec 20 to the East line of Section 17; thence North along the East line of Sec 17 to the NW corner of the SW 1 /4 of the SW 1 /4 Sec 16 T3N, R11W; Thence North along the West line of said Sec 16 to the North Right of Way line of Hatcher Rd; thence Northerly along the said Right of way line to the NW corner Lot 8 of the Oakwood Manor Subdivision, Pulaski County, AR; thence East along the North lot lines of lots 3 through 8 to the NE corner of lot 3 Oakwood Manor Subdivision and the NW corner of Lot 25, Block 3, Sylvan Acres subdivision, Pulaski County, Arkansas; thence Easterly along the North line of Lot 25, Block 3, Sylvan Acres Subdivision to the West Line of Lot 24, Block 3, Sylvan Acres Subdivision; thence North along the West line of said Lot 24 to the North Lot line of said lot 24; thence east along the North lot line to the East lot line of said Lot 24; thence Southwesterly along the east lot line to the East Right of Way of Hatcher Road; thence Southerly along the east Right of Way of Hatcher Road to the Northwest Corner of Lot 20, Block 3, of said Sylvan Acres Subdivision; thence East along the North line of said lot 20 of Sylvan Acres Subdivision to Northeast corner of said lot 20; thence South along the East line of Lots 18 –20, Block 3, to the Southeast corner of Lot 18, Block 3; thence continuing southerly along the Bayou Meto to the Northeast corner of lot 5F of the Wandering Ridge Subdivision, Pulaski County, Arkansas; Thence Southerly along the East lot lines of Lots 3F – 5F of said Wandering Ridge Subdivision to the South line of Sec 16, T3N, R11W; Thence East along the South line of said Sec 16 to the West line of Sec 22, T3N, R11W and the existing City limits of the City of Jacksonville; thence South along the West line of said Sec 22 to the Centerline of the Bayou Meto; thence Southeast along the centerline of the Bayou Meto and the existing City limits of the City of Jacksonville to the north line of the SW '/4 said sec 22; thence East along the North line of the SW 1 /4 sec 22 to the West line of the SE 1 /4 of the NW 1/4 Sec 22, thence north along the West line of the SE 1 /4 of the NW Y4 to the North line of the SE 1 /4 of the NW 1 /4 said sec 22; thence East along the North line of the SE 1/4 of the NW 1 /4 to the East line of the NW 1 /4; thence North along the East line of the NW 1 /4 to the North line of sec 22 and the point of beginning, containing 2,503 acres, more or less. Less and Except the following Exceptions: Exception 1 —The NE 1 /4 of the NE 1 /4 Sec 21, T -3 -N, R -11 -W, North of the South right of way line for State Highway 107, and the NW 1 /4 of the NE 1 /4 of Sec 21, T -3- N, R -11 -W, North and East of the Bayou Meto, containing 33 acres, more or less. Exception 2 – A tract of land located in a portion of the north 1/2 of section 21, T -3- N, R -11 -W, Pulaski County, Arkansas, more particularly described as follows: Beginning at a cotton picker spindle situated at the SE corner of SW 1 4, of the NE Y of said section 21, T -3 -N, R -11 -W; thence N90° 00' 00" W 1,303.4 feet (plat), 1,304.16 feet (measured) along the south line of said SW 1 4, of the NE1 /4 to an axle in concrete situated at the center of said section 21; thence S89° 59' 48" W, 672.36 feet alog the south line of the SE 1 NW 1 /4 of said section 21 to an iron pin; terly line N16° o12' 15 and of 5 of Sylvan Acres an iron pin situated the feet(measured) along Lot e line of said Lot 16 1,254.7 in pin situated at the 2 000236 Ordinance No. 1326 ( #25 -07) Page 2 20; thence North along the West line of Sec 20 to the South line of the NW I/4, Sec 20; thence East along the South line of the NW 1 /4 of Sec 20 to the West line of the East 'h of the NW 1 /4 Sec 20; thence North along the West line of the East 1 /2 of the NW 1 /4 to the North line of Sec 20; thence East along the north line of Sec 20 to the East line of Section 17; thence North along the East line of Sec 17 to the NW corner of the SW 1 /4 of the SW 1 /4 Sec 16 T3N, R11W; Thence North along the West line of said Sec 16 to the North Right of Way line of Hatcher Rd; thence Northerly along the said Right of way line to the NW corner Lot 8 of the Oakwood Manor Subdivision, Pulaski County, AR; thence East along the North lot lines of lots 3 through 8 to the NE corner of lot 3 Oakwood Manor Subdivision and the NW corner of Lot 25, Block 3, Sylvan Acres subdivision, Pulaski County, Arkansas; thence Easterly along the North line of Lot 25, Block 3, Sylvan Acres Subdivision to the West Line of Lot 24, Block 3, Sylvan Acres Subdivision; thence North along the West line of said Lot 24 to the North Lot line of said lot 24; thence east along the North lot line to the East lot line of said Lot 24; thence Southwesterly along the east lot line to the East Right of Way of Hatcher Road; thence Southerly along the east Right of Way of Hatcher Road to the Northwest Corner of Lot 20, Block 3, of said Sylvan Acres Subdivision; thence East along the North line of said lot 20 of Sylvan Acres Subdivision to Northeast corner of said lot 20; thence South along the East line of Lots 18 –20, Block 3, to the Southeast corner of Lot 18, Block 3; thence continuing southerly along the Bayou Meto to the Northeast corner of lot 5F of the Wandering Ridge Subdivision, Pulaski County, Arkansas; Thence Southerly along the East lot lines of Lots 3F – 5F of said Wandering Ridge Subdivision to the South line of Sec 16, T3N, R11W; Thence East along the South line of said Sec 16 to the West line of Sec 22, T3N, R11W and the existing City limits of the City of Jacksonville; thence South along the West line of said Sec 22 to the Centerline of the Bayou Meto; thence Southeast along the centerline of the Bayou Meto and the existing City limits of the City of Jacksonville to the north line of the SW '/4 said sec 22; thence East along the North line of the SW 1 /4 sec 22 to the West line of the SE 1 /4 of the NW 1/4 Sec 22, thence north along the West line of the SE 1 /4 of the NW Y4 to the North line of the SE 1 /4 of the NW 1 /4 said sec 22; thence East along the North line of the SE 1/4 of the NW 1 /4 to the East line of the NW 1 /4; thence North along the East line of the NW 1 /4 to the North line of sec 22 and the point of beginning, containing 2,503 acres, more or less. Less and Except the following Exceptions: Exception 1 —The NE 1 /4 of the NE 1 /4 Sec 21, T -3 -N, R -11 -W, North of the South right of way line for State Highway 107, and the NW 1 /4 of the NE 1 /4 of Sec 21, T -3- N, R -11 -W, North and East of the Bayou Meto, containing 33 acres, more or less. Exception 2 – A tract of land located in a portion of the north 1/2 of section 21, T -3- N, R -11 -W, Pulaski County, Arkansas, more particularly described as follows: Beginning at a cotton picker spindle situated at the SE corner of SW 1 4, of the NE Y of said section 21, T -3 -N, R -11 -W; thence N90° 00' 00" W 1,303.4 feet (plat), 1,304.16 feet (measured) along the south line of said SW 1 4, of the NE1 /4 to an axle in concrete situated at the center of said section 21; thence S89° 59' 48" W, 672.36 feet alog the south line of the SE 1 NW 1 /4 of said section 21 to an iron pin; terly line N16° o12' 15 and of 5 of Sylvan Acres an iron pin situated the feet(measured) along Lot e line of said Lot 16 1,254.7 in pin situated at the 2 000237 Ordinance No. 1326 ( #25 -07) Page 3 NW corner of said Lot 16 and the easterly right of way line of State Highway 107; thence N19° 33' 23" E, 479.67 feet along said easterly right of way line of to an iron pin situated at the point of curvature of a 1,309.17 foot radius curve to the right having a chord bearing and distance of N30° 43' 38" E, 463.8 feet; thence along the arc of said curve and the easterly right of way line of State Highway 107 to an iron pin situated at a point on the arc of said curve and also the SW corner of Lot 22, Block 5, Sylvan Acres; thence S70° 17' 12" E, 504.50 feet along the southerly line of said Lot 22 to an iron pin situated at the SE corner of said Lot 22; thence N19° 40' 25" E, 142.40 feet along the easterly line of Lots 22,23, and 24 of Block 5, Sylvan Acres to an iron pin situated at the NE corner of said lot 24; thence S73° 40' 38" E, 94.85 feet along the southerly line of Lots 25 and 26 of Block 5, Sylvan Acres to an iron pin situated at the SE corner of said Lot 26; thence N04° 16' 24" E, 447.4 feet (plat), 447.10 feet (measured) to an iron pin situated at the NE corner of said Lot 26 and the southerly right of way line of State Highway 107 said corner also being a point of curvature of a 1,263.94 foot radius curve to the right having a chord bearing and distance of S88° 21' 47" E, 610.48 feet; thence along the arc of said curve and said southerly right of way line to a concrete right of way monument situated at the point of termination of said curve; thence N16° 01' 57" E, 25.92 feet to an iron pin situated on the southerly right of way line of State Highway 107; thence S73° 58'05" E, 267.05 feet along said southerly right of way to an iron pin; - •- thence continuing along the southerly right of way line of State Highway 107 the following bearings and distances 551° 54' 19" E,107.70 feet to a right of way monument; thence S67° 59' 46" E, 100.59 feet to a right of way monument; thence S54° 23' 14" E 105.99 feet to an iron pin; thence S73° 40' 38" E, 100.00 feet to an iron pin; thence S89° 14' 37" E,74.53 feet to an iron pin; thence 566° 56' 48" E, 142.37 feet to an iron pin; thence S82 37' 28" E, 166.09 feet to a right of way monument; thence N89° 31' 01" E, 166.75 feet to a right of way monument; thence N81° 33' 13" E, 212.36 feet to a right of way monument; thence N76° 29' 18 "E, 110.60 feet to a right of way monument; thence S89° 16' 17" E, 211.70 feet to a point on the centerline of Bayou Meto Creek; thence S21 °31' 26" E along said centerline 191.16 feet; thence continuing along the centerline of Bayou Meto Creek S13° 33' 09" E, 136.17 feet to a point on the south line of the NE ' /a, NE 1/4 of section 21, T -3 -N, R -11 -W; thence S89° 50' 02" W, along said south line 355.85 feet to an iron pin situated at the NE corner of the SW 1/4 , NE 1/4, of section 21, T -3 -N, R -11 -W; thence S00° 19' 52" W along the east line of said SW 1 /4, NE V4, of section 21 for a distance of 1,316.45 feet to the point of beginning, tract of land containing 104.587 acres, more or less. SECTION TWO: The question of annexation of the territory described herein shall be submitted to the electors qualified to vote on this issue at a Special Election to be held in conjunction with the Presidential Preferential Primary on Tuesday, February 5, 2008. The City Clerk shall immediately notify the Pulaski County Election Commission of such a question by forwarding a certified copy of this Ordinance to said body. SECTION THREE: If, at such election, a majority of the qualified electors voting in such election shall vote for such annexation, the Mayor and /or his designated representative(s) shall proceed to file the legal description contained herein and a map of the annexed area with the Pulaski County Clerk wherein the land lies, and with the Arkansas Secretary of State. The annexed property as described herein shall be included within the corporate limits of the City of Jacksonville Thirty (30) days following the filing of the description and map with the 3 000236 Ordinance No. 1326 ( #25 -07) Page 2 20; thence North along the West line of Sec 20 to the South line of the NW I/4, Sec 20; thence East along the South line of the NW 1 /4 of Sec 20 to the West line of the East 'h of the NW 1 /4 Sec 20; thence North along the West line of the East 1 /2 of the NW 1 /4 to the North line of Sec 20; thence East along the north line of Sec 20 to the East line of Section 17; thence North along the East line of Sec 17 to the NW corner of the SW 1 /4 of the SW 1 /4 Sec 16 T3N, R11W; Thence North along the West line of said Sec 16 to the North Right of Way line of Hatcher Rd; thence Northerly along the said Right of way line to the NW corner Lot 8 of the Oakwood Manor Subdivision, Pulaski County, AR; thence East along the North lot lines of lots 3 through 8 to the NE corner of lot 3 Oakwood Manor Subdivision and the NW corner of Lot 25, Block 3, Sylvan Acres subdivision, Pulaski County, Arkansas; thence Easterly along the North line of Lot 25, Block 3, Sylvan Acres Subdivision to the West Line of Lot 24, Block 3, Sylvan Acres Subdivision; thence North along the West line of said Lot 24 to the North Lot line of said lot 24; thence east along the North lot line to the East lot line of said Lot 24; thence Southwesterly along the east lot line to the East Right of Way of Hatcher Road; thence Southerly along the east Right of Way of Hatcher Road to the Northwest Corner of Lot 20, Block 3, of said Sylvan Acres Subdivision; thence East along the North line of said lot 20 of Sylvan Acres Subdivision to Northeast corner of said lot 20; thence South along the East line of Lots 18 –20, Block 3, to the Southeast corner of Lot 18, Block 3; thence continuing southerly along the Bayou Meto to the Northeast corner of lot 5F of the Wandering Ridge Subdivision, Pulaski County, Arkansas; Thence Southerly along the East lot lines of Lots 3F – 5F of said Wandering Ridge Subdivision to the South line of Sec 16, T3N, R11W; Thence East along the South line of said Sec 16 to the West line of Sec 22, T3N, R11W and the existing City limits of the City of Jacksonville; thence South along the West line of said Sec 22 to the Centerline of the Bayou Meto; thence Southeast along the centerline of the Bayou Meto and the existing City limits of the City of Jacksonville to the north line of the SW '/4 said sec 22; thence East along the North line of the SW 1 /4 sec 22 to the West line of the SE 1 /4 of the NW 1/4 Sec 22, thence north along the West line of the SE 1 /4 of the NW Y4 to the North line of the SE 1 /4 of the NW 1 /4 said sec 22; thence East along the North line of the SE 1/4 of the NW 1 /4 to the East line of the NW 1 /4; thence North along the East line of the NW 1 /4 to the North line of sec 22 and the point of beginning, containing 2,503 acres, more or less. Less and Except the following Exceptions: Exception 1 —The NE 1 /4 of the NE 1 /4 Sec 21, T -3 -N, R -11 -W, North of the South right of way line for State Highway 107, and the NW 1 /4 of the NE 1 /4 of Sec 21, T -3- N, R -11 -W, North and East of the Bayou Meto, containing 33 acres, more or less. Exception 2 – A tract of land located in a portion of the north 1/2 of section 21, T -3- N, R -11 -W, Pulaski County, Arkansas, more particularly described as follows: Beginning at a cotton picker spindle situated at the SE corner of SW 1 4, of the NE Y of said section 21, T -3 -N, R -11 -W; thence N90° 00' 00" W 1,303.4 feet (plat), 1,304.16 feet (measured) along the south line of said SW 1 4, of the NE1 /4 to an axle in concrete situated at the center of said section 21; thence S89° 59' 48" W, 672.36 feet alog the south line of the SE 1 NW 1 /4 of said section 21 to an iron pin; terly line N16° o12' 15 and of 5 of Sylvan Acres an iron pin situated the feet(measured) along Lot e line of said Lot 16 1,254.7 in pin situated at the 2 000237 Ordinance No. 1326 ( #25 -07) Page 3 NW corner of said Lot 16 and the easterly right of way line of State Highway 107; thence N19° 33' 23" E, 479.67 feet along said easterly right of way line of to an iron pin situated at the point of curvature of a 1,309.17 foot radius curve to the right having a chord bearing and distance of N30° 43' 38" E, 463.8 feet; thence along the arc of said curve and the easterly right of way line of State Highway 107 to an iron pin situated at a point on the arc of said curve and also the SW corner of Lot 22, Block 5, Sylvan Acres; thence S70° 17' 12" E, 504.50 feet along the southerly line of said Lot 22 to an iron pin situated at the SE corner of said Lot 22; thence N19° 40' 25" E, 142.40 feet along the easterly line of Lots 22,23, and 24 of Block 5, Sylvan Acres to an iron pin situated at the NE corner of said lot 24; thence S73° 40' 38" E, 94.85 feet along the southerly line of Lots 25 and 26 of Block 5, Sylvan Acres to an iron pin situated at the SE corner of said Lot 26; thence N04° 16' 24" E, 447.4 feet (plat), 447.10 feet (measured) to an iron pin situated at the NE corner of said Lot 26 and the southerly right of way line of State Highway 107 said corner also being a point of curvature of a 1,263.94 foot radius curve to the right having a chord bearing and distance of S88° 21' 47" E, 610.48 feet; thence along the arc of said curve and said southerly right of way line to a concrete right of way monument situated at the point of termination of said curve; thence N16° 01' 57" E, 25.92 feet to an iron pin situated on the southerly right of way line of State Highway 107; thence S73° 58'05" E, 267.05 feet along said southerly right of way to an iron pin; - •- thence continuing along the southerly right of way line of State Highway 107 the following bearings and distances 551° 54' 19" E,107.70 feet to a right of way monument; thence S67° 59' 46" E, 100.59 feet to a right of way monument; thence S54° 23' 14" E 105.99 feet to an iron pin; thence S73° 40' 38" E, 100.00 feet to an iron pin; thence S89° 14' 37" E,74.53 feet to an iron pin; thence 566° 56' 48" E, 142.37 feet to an iron pin; thence S82 37' 28" E, 166.09 feet to a right of way monument; thence N89° 31' 01" E, 166.75 feet to a right of way monument; thence N81° 33' 13" E, 212.36 feet to a right of way monument; thence N76° 29' 18 "E, 110.60 feet to a right of way monument; thence S89° 16' 17" E, 211.70 feet to a point on the centerline of Bayou Meto Creek; thence S21 °31' 26" E along said centerline 191.16 feet; thence continuing along the centerline of Bayou Meto Creek S13° 33' 09" E, 136.17 feet to a point on the south line of the NE ' /a, NE 1/4 of section 21, T -3 -N, R -11 -W; thence S89° 50' 02" W, along said south line 355.85 feet to an iron pin situated at the NE corner of the SW 1/4 , NE 1/4, of section 21, T -3 -N, R -11 -W; thence S00° 19' 52" W along the east line of said SW 1 /4, NE V4, of section 21 for a distance of 1,316.45 feet to the point of beginning, tract of land containing 104.587 acres, more or less. SECTION TWO: The question of annexation of the territory described herein shall be submitted to the electors qualified to vote on this issue at a Special Election to be held in conjunction with the Presidential Preferential Primary on Tuesday, February 5, 2008. The City Clerk shall immediately notify the Pulaski County Election Commission of such a question by forwarding a certified copy of this Ordinance to said body. SECTION THREE: If, at such election, a majority of the qualified electors voting in such election shall vote for such annexation, the Mayor and /or his designated representative(s) shall proceed to file the legal description contained herein and a map of the annexed area with the Pulaski County Clerk wherein the land lies, and with the Arkansas Secretary of State. The annexed property as described herein shall be included within the corporate limits of the City of Jacksonville Thirty (30) days following the filing of the description and map with the 3 • 000 235 FILED NOV 3 0 2007 PULASKI COUNTY , ELECTION COMMISSION ORDINANCE NO, 1326 (425 - 07) AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS, AND OTHER AFFECTED PERSONS, THE UESTION OF ANNEXATION TO THE CITY OF JACKSONVILLE, ARKANSAS, CERTAIN CONTIGUOUS TERRITORY, DECLARING AN EMERGENCY, AND, FOR OTHER PURPOSES. WHEREAS, it appears to the City Council of the City of Jacksonville, Arkansas, that certain herein described territory contiguous to said City is necessary for the orderly and continued growth of the City; WHEREAS, the lands described herein are platted and held for sale or use as municipal lots or, whether platted or not, are held to be sold and developed as suburban property; WHEREAS, the lands described herein furnish the abode for a densely settled community and represent the actual growth of the City of Jacksonville beyond its legal boundaries; WHEREAS the lands described herein are also needed for proper municipal purposes by the City of Jacksonville; and, WHEREAS, the lands described herein are valuable by reason of their adaptability for use for and to the City of Jacksonville. THEREFORE BE IT ORDAINED A N D ENACTED BY THE CI T Y CO UNCI L OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT; SECTION ONE: There shall be submitted to the qualified electors of the City of Jacksonville, Arkansas, and the real property described herein and as reflected on the attached map the question of the annexation of the herein described real property and territory to the City of Jacksonville, Arkansas. The territory contiguous to the City of Jacksonville, Arkansas to be annexed therein is more fully described as follows: Parts of Sections 16, 17, 20, 21, 22, 27, 28, and 29 T -3 -N, R -11 -W, Pulaski County, Arkansas, more particularly described as follows: Beginning at the NW corner of the NE 1/4 Sec 22, T -3-N, R -11 -W, Pulaski County, Arkansas; thence East along the North line of the NE Vs 990.0 feet; thence South parallel to the East line of the NW 1 /4 of the NE 1/4 to the North right of way line of General Samuels Road; thence East alon g 9 the North right of way line of General Samuels Road to the East line of said Sec 22; thence south along the East line Sec 22 to the North line of the SE , /a of Sec 22• thence West along the North line of the SE 1/4 to the NW corner of the SE 1/4 Sec 22• thence South along the West line of the SE 1/4 to the SW corner of the SE 1/4 Sec 22; thence East along the South line of said SE 1/4 to the NE corner of the NW 1/4 of the NE 1/4, Sec 27, T -3 -N R -11 -W; thence South along the East line of the NW 1 /a of the NE 1 /a to the South fine of the NW 1/4 of the NE TA, thence West along the South line of the NW '/a of the NE 1/4 and the NE 1/4 of the NW 1/4 to the East line of the SW 1/4 of the NW 1/4; thence South along the East line of the SW 1/4 of the NW 1/4 to the South line of the NW 1/4; thence West along the South line of the NW 1/4 to the East line of Sec 28, T -3 -N, R- 11-W; thence South along said east line of Sec 28 to a oint 55 feet North of the southeast corner of Lot 9 Fears Lake Addition, Pulaski County, Arkansas; thence West parallel to and 55 feet north of the south lot lines of lots 9 -12 Fears Lake Addition to the West line of the SE 1/4 of Sec 28• thence North along said west line of the SE 1/4 of sec 28 to the North line of the South 1/2 of the SW 1 /a; thence West along the north line of the South 1 /2 of the SW 1/4 to the West Line of Sec 28; thence North along the west line Sec 28 to the South line of the NE 1/4 of Sec 29, T3N R11W; Thence West along the south line of the NE 1 /a to the west Line of the NE { /a• thence North along the West line of the NE 1/4 to the South line of Sec 20, T3N, R11W; thence West along the South line of said Sec 20 to the West line of Sec 000236 Ordinance No. 1326 ( #25 -07) Page 2 20; thence North along the West line of Sec 20 to the South line of the NW I/4, Sec 20; thence East along the South line of the NW 1 /4 of Sec 20 to the West line of the East 'h of the NW 1 /4 Sec 20; thence North along the West line of the East 1 /2 of the NW 1 /4 to the North line of Sec 20; thence East along the north line of Sec 20 to the East line of Section 17; thence North along the East line of Sec 17 to the NW corner of the SW 1 /4 of the SW 1 /4 Sec 16 T3N, R11W; Thence North along the West line of said Sec 16 to the North Right of Way line of Hatcher Rd; thence Northerly along the said Right of way line to the NW corner Lot 8 of the Oakwood Manor Subdivision, Pulaski County, AR; thence East along the North lot lines of lots 3 through 8 to the NE corner of lot 3 Oakwood Manor Subdivision and the NW corner of Lot 25, Block 3, Sylvan Acres subdivision, Pulaski County, Arkansas; thence Easterly along the North line of Lot 25, Block 3, Sylvan Acres Subdivision to the West Line of Lot 24, Block 3, Sylvan Acres Subdivision; thence North along the West line of said Lot 24 to the North Lot line of said lot 24; thence east along the North lot line to the East lot line of said Lot 24; thence Southwesterly along the east lot line to the East Right of Way of Hatcher Road; thence Southerly along the east Right of Way of Hatcher Road to the Northwest Corner of Lot 20, Block 3, of said Sylvan Acres Subdivision; thence East along the North line of said lot 20 of Sylvan Acres Subdivision to Northeast corner of said lot 20; thence South along the East line of Lots 18 –20, Block 3, to the Southeast corner of Lot 18, Block 3; thence continuing southerly along the Bayou Meto to the Northeast corner of lot 5F of the Wandering Ridge Subdivision, Pulaski County, Arkansas; Thence Southerly along the East lot lines of Lots 3F – 5F of said Wandering Ridge Subdivision to the South line of Sec 16, T3N, R11W; Thence East along the South line of said Sec 16 to the West line of Sec 22, T3N, R11W and the existing City limits of the City of Jacksonville; thence South along the West line of said Sec 22 to the Centerline of the Bayou Meto; thence Southeast along the centerline of the Bayou Meto and the existing City limits of the City of Jacksonville to the north line of the SW '/4 said sec 22; thence East along the North line of the SW 1 /4 sec 22 to the West line of the SE 1 /4 of the NW 1/4 Sec 22, thence north along the West line of the SE 1 /4 of the NW Y4 to the North line of the SE 1 /4 of the NW 1 /4 said sec 22; thence East along the North line of the SE 1/4 of the NW 1 /4 to the East line of the NW 1 /4; thence North along the East line of the NW 1 /4 to the North line of sec 22 and the point of beginning, containing 2,503 acres, more or less. Less and Except the following Exceptions: Exception 1 —The NE 1 /4 of the NE 1 /4 Sec 21, T -3 -N, R -11 -W, North of the South right of way line for State Highway 107, and the NW 1 /4 of the NE 1 /4 of Sec 21, T -3- N, R -11 -W, North and East of the Bayou Meto, containing 33 acres, more or less. Exception 2 – A tract of land located in a portion of the north 1/2 of section 21, T -3- N, R -11 -W, Pulaski County, Arkansas, more particularly described as follows: Beginning at a cotton picker spindle situated at the SE corner of SW 1 4, of the NE Y of said section 21, T -3 -N, R -11 -W; thence N90° 00' 00" W 1,303.4 feet (plat), 1,304.16 feet (measured) along the south line of said SW 1 4, of the NE1 /4 to an axle in concrete situated at the center of said section 21; thence S89° 59' 48" W, 672.36 feet alog the south line of the SE 1 NW 1 /4 of said section 21 to an iron pin; terly line N16° o12' 15 and of 5 of Sylvan Acres an iron pin situated the feet(measured) along Lot e line of said Lot 16 1,254.7 in pin situated at the 2 000237 Ordinance No. 1326 ( #25 -07) Page 3 NW corner of said Lot 16 and the easterly right of way line of State Highway 107; thence N19° 33' 23" E, 479.67 feet along said easterly right of way line of to an iron pin situated at the point of curvature of a 1,309.17 foot radius curve to the right having a chord bearing and distance of N30° 43' 38" E, 463.8 feet; thence along the arc of said curve and the easterly right of way line of State Highway 107 to an iron pin situated at a point on the arc of said curve and also the SW corner of Lot 22, Block 5, Sylvan Acres; thence S70° 17' 12" E, 504.50 feet along the southerly line of said Lot 22 to an iron pin situated at the SE corner of said Lot 22; thence N19° 40' 25" E, 142.40 feet along the easterly line of Lots 22,23, and 24 of Block 5, Sylvan Acres to an iron pin situated at the NE corner of said lot 24; thence S73° 40' 38" E, 94.85 feet along the southerly line of Lots 25 and 26 of Block 5, Sylvan Acres to an iron pin situated at the SE corner of said Lot 26; thence N04° 16' 24" E, 447.4 feet (plat), 447.10 feet (measured) to an iron pin situated at the NE corner of said Lot 26 and the southerly right of way line of State Highway 107 said corner also being a point of curvature of a 1,263.94 foot radius curve to the right having a chord bearing and distance of S88° 21' 47" E, 610.48 feet; thence along the arc of said curve and said southerly right of way line to a concrete right of way monument situated at the point of termination of said curve; thence N16° 01' 57" E, 25.92 feet to an iron pin situated on the southerly right of way line of State Highway 107; thence S73° 58'05" E, 267.05 feet along said southerly right of way to an iron pin; - •- thence continuing along the southerly right of way line of State Highway 107 the following bearings and distances 551° 54' 19" E,107.70 feet to a right of way monument; thence S67° 59' 46" E, 100.59 feet to a right of way monument; thence S54° 23' 14" E 105.99 feet to an iron pin; thence S73° 40' 38" E, 100.00 feet to an iron pin; thence S89° 14' 37" E,74.53 feet to an iron pin; thence 566° 56' 48" E, 142.37 feet to an iron pin; thence S82 37' 28" E, 166.09 feet to a right of way monument; thence N89° 31' 01" E, 166.75 feet to a right of way monument; thence N81° 33' 13" E, 212.36 feet to a right of way monument; thence N76° 29' 18 "E, 110.60 feet to a right of way monument; thence S89° 16' 17" E, 211.70 feet to a point on the centerline of Bayou Meto Creek; thence S21 °31' 26" E along said centerline 191.16 feet; thence continuing along the centerline of Bayou Meto Creek S13° 33' 09" E, 136.17 feet to a point on the south line of the NE ' /a, NE 1/4 of section 21, T -3 -N, R -11 -W; thence S89° 50' 02" W, along said south line 355.85 feet to an iron pin situated at the NE corner of the SW 1/4 , NE 1/4, of section 21, T -3 -N, R -11 -W; thence S00° 19' 52" W along the east line of said SW 1 /4, NE V4, of section 21 for a distance of 1,316.45 feet to the point of beginning, tract of land containing 104.587 acres, more or less. SECTION TWO: The question of annexation of the territory described herein shall be submitted to the electors qualified to vote on this issue at a Special Election to be held in conjunction with the Presidential Preferential Primary on Tuesday, February 5, 2008. The City Clerk shall immediately notify the Pulaski County Election Commission of such a question by forwarding a certified copy of this Ordinance to said body. SECTION THREE: If, at such election, a majority of the qualified electors voting in such election shall vote for such annexation, the Mayor and /or his designated representative(s) shall proceed to file the legal description contained herein and a map of the annexed area with the Pulaski County Clerk wherein the land lies, and with the Arkansas Secretary of State. The annexed property as described herein shall be included within the corporate limits of the City of Jacksonville Thirty (30) days following the filing of the description and map with the 3 000238 FILED MN 30 2007 PULASKI COUNTY ELECTION COMMISSION Ordinance No. 1326 ( #25 -07) Page 4 Pulaski County Clerk or, in the event an action is timely filed within the Pulaski County Circuit Court contesting said annexation, on the date any final judgment of said Court becomes entered of record. If a majority of the qualified electors voting on the issue at the election vote against the annexation, this Annexation Ordinance shall be null and void. SECTION FOUR: If the annexation is approved and becomes final, the following municipal services shall be coordinated, extended, and /or supplemented to the described territory within the following time frames: SERVICE DATE Police Protection Immediately upon transfer from the PCSO. Fire Protection Immediate coordination and supplementation of existing volunteer services. Sanitation Coordinated transfer within Six (6) months of the effective date of the Annexation. Sewer Service Immediate coordination and supplementation of existing services. SECTION FIVE: The ballots used at the election of February 5, 2008, on the question of annexation of the territory described herein shall read essentially as follows: ❑ FOR annexation of the territory described in Jacksonville Ordinance No. 1326 ( #25 -07). ❑ AGAINST annexation of the territory described in Jacksonville Ordinance No. 1326 ( #25 -07). SECTION SIX: All Ordinances, parts of Ordinances, or previous actions taken by this City Council in conflict herewith are hereby repealed to the extent of such conflict. SECTION SEVEN: To provide more effectively for the health, safety, and welfare of our citizens and those in the affected territory described herein, an emergency is hereby declared to exist. This Ordinance shall take effect immediately upon passage and publication, as provided by and subject to the requirements of applicable law. APPROVED AND ADOPTED THIS Ag DAY OF NOVEMBER, 2007. CITY OF JACKSONVILLE, ARKANSAS ;la. .. . L �.d TOMMY SWAI , AYOR ATT NI • .I�_ 1 a l K VITT CITY s LERK ' - r j • Atellibb■ ROBE T E. B'c ORNEY 4