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Home My WebLink About2010-09-21 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting September 21, 2010 A meeting of the Fayetteville City Council will be held on September 21, 2010 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Nominating Committee Report. APPROVED Agenda Additions: 1. Amend Chapter 72: An ordinance amending Chapter 72 Parking Regulations of the Fayetteville Code by repealing subsections 72.58(H)(1) through 72.58(H)(3) and enacting replacement subsections 72.58(H)(1-3) to change the time of allowable free parking in the Entertainment District Parking Zone. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5356 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A. Consent: 1. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the amount of $340.00 to recognize revenue from citizen donations to the Ranger's Pantry Pet Food Bank Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 163-10 2. Kim Hoadley Construction: A resolution awarding bid and authorizing a contract with Kim Hoadley Construction in the amount of$40,884.00 for improvements to the 1932 S. Garland CDBG Public Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-10 3. Parks and Tourism Outdoor Recreation Grant (Repeal Resolution 139-10): A resolution authorizing application for an Arkansas Parks and Tourism Outdoor Recreation Grant in the amount of $125,000.00 for improvements to the Lake Fayetteville North Shore, the Yvonne Richardson Community Center and Walker Park, and repealing Resolution 139-10. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-10 4. City Council Representative for Mandatory Settlement Conference: A resolution to appoint City Council Member Shirley Lucas to represent the City Council during any settlement conference required by the Federal District Court or Magistrate. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 166-10 B. Unfinished Business: None C. New Business: 1. North Ball Avenue & West Van Asche Drive Street Name Change: A resolution renaming a section of North Ball Avenue to Roosevelt Avenue and a section of West Van Asche Drive to Jupiter Drive. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-10 2. RZN 10-3613 (Watson): An ordinance rezoning that property described in rezoning petition RZN 10-3613, for approximately 3.0 acres, located at 5989 East Huntsville Road from Residential Single-Family, 4 units per acre, to R-A, Residential Agricultural. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5355 3. Chambers Bank Donation: A resolution to thank Chambers Bank for its donation of 210 acres to the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-10 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Announcements: Adjournment: 8:35 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: September 21,2010 Adjourn: t 3S POIN Subject: Roll Gray Thiel ✓ Cook Petty Rhoads V10Q Ls Ferrell W Q/1 Lucas Lewis Mayor Jordan Subject: Nominating Committee Report Motion To: Motion By: �T Seconded: l�ha Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: September 21,2010 Subject: je21. T""A Motion To: Iqdd �-D Q udtAap Motion By: Seconded: Gray ✓ Thiel ✓ a { AJ Cook 4_0 Petty ✓ `P Rhoads Aise*+ Ferrell t0 Lucas vs Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: September 21,2010 Subject: Consent Motion To: Motion By: Seconded: p Gray Thiel Cook `` ® Petty I Woo, Rhoads �� Ferrell Lucas Lewis Mayor Jordan '7—o Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: September 21,2010 Subject: None Motion To: Motion By: Seconded: B.I. Gray Unfinished Thiel Business Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: September 21,2010 Subject: North Ball Avenue&West Van Asche Drive Street Name Change Motion To: Motion By: Seconded: F-e)� C. 1 Gray s✓ New Thiel ✓ Business Cook ✓ Petty Rhoads atse t�,f- Ferrell e✓ Lucas ✓ Lewis e✓ Mayor Jordan D Subject: RZN 10-3613 (Watson) Motion To: f g �j 6 Motion By: JIN t [ Q Seconded: 5iQ o'S C.2 Gray VO ✓ New Thiel ✓ ,/ ✓ Business Cook ✓ Petty L✓ ✓' Rhoads Ferrell i✓ �/ Lucas Lewis Li'`r r/ ✓ Mayor Jordan 7-0 0 7 6? City Council Meeting: September 21,2010 Subject: Chambers Bank Donation Motion To: & Motion By: P Seconded: ®� C.3 Gray New Thiel V" Business Cook ✓ Petty 0011� Rhoads Ferrell W10, Lucas Lewis Mayor Jordan 7-0 Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: Sep..,.nber 21,2010 JAU its Subject: , �b Aft a M W Add D iV� a6ciUQ cQ�a Q' d E� Motion To: Add 1(U I q N d �JLC o i o• IIe ce w�, 7,;-110 a Q Pa4,a, Motion By: Seconded: Gray Thiel Wool ✓ � MU}i0ll Cook 6001° E� 4-o CLJd Petty � AAIIt®® VI-La i A44X& Rhoads LWT G. ! ° 4-b 4C Ferrell Lam• vl" Vim - I� a Lucas „r f ter' Lewis ✓ ✓ �,✓ Mayor Jordan Subject: J� Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney--/ DATE: September 22, 2010 ///�� RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of September 21, 2010 1. Ranger's Pantry: A resolution approving a budget adjustment in the amount of $340.00 to recognize revenue from citizen donations to the Ranger's Pantry Pet Food Bank Project. 2. Kim Hoadley Construction: A resolution awarding Bid and authorizing a contract with Kim Headley Construction in the amount of $40,884.00 for improvements to the 1932 S. Garland CDBG Public Facility. 3. Parks & Tourism Outdoor Recreation Grant (Repeal Resolution 139-10): A resolution authorizing application for an Arkansas Parks and Tourism Outdoor Recreation Grant in the amount of $125,000.00 for improvements to Lake Fayetteville North Shore, Yvonne Richardson Community Center and Walker Park, and repealing Resolution 139-10. 4. City Council Representative for Mandatory Settlement Conference: A resolution to appoint City Council member Shirley Luc as to represent the City Council during any settlement conference required by the Federal District Court or Magistrate. 5. N. Ball Avenue & W. Van Asche Drive Street Name Change: A resolution renaming a section of N. Ball Avenue to Roosevelt Avenue and a section of W. Van Asche Drive to Jupiter Drive resolution to thank Chambers Bank for 6. Chambers Bank Donation: A resolution to thank Chambers Bank for its donation of 210 acres to the City of Fayetteville. 7. Amendment to Chapter 72 Parking Regulations: An ordinance amending Chapter 72 Parking Regulations of the Fayetteville Code by repealing subsections 72.58 (H)(1) through 72.58 (H)(3) and enacting replacement subsections 72.58 (H)(1-3) to change the time of allowable free parking in the Entertainment District Parking Zone. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting September 21, 2010 A meeting of the Fayetteville City Council will be held on September 21, 2010 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Nominating Committee Report Agenda Additions: A. Consent: 1. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the amount of $340.00 to recognize revenue from citizen donations to the Ranger's Pantry Pet Food Bank Project. 2. Kim Hoadley Construction: A resolution awarding bid and authorizing a contract with Kim Hoadley Construction in the amount of$40,884.00 for improvements to the 1932 S. Garland CDBG Public Facility. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Parks and Tourism Outdoor Recreation Grant (Repeal Resolution 139-10): A resolution authorizing application for an Arkansas Parks and Tourism Outdoor Recreation Grant in the amount of $125,000.00 for improvements to the Lake Fayetteville North Shore, the Yvonne Richardson Community Center and Walker Park, and repealing Resolution 139-10. 4. City Council Representative for Mandatory Settlement Conference: A resolution to appoint City Council Member Shirley Lucas to represent the City Council during any settlement conference required by the Federal District Court or Magistrate. B. Unfinished Business: None C. New Business: 1. North Ball Avenue & West Van Asche Drive Street Name Change: A resolution renaming a section of North Ball Avenue to Roosevelt Avenue and a section of West Van Asche Drive to Jupiter Drive. 2. RZN 10-3613 (Watson): An ordinance rezoning that property described in rezoning petition RZN 10-3613, for approximately 3.0 acres, located at 5989 East Huntsville Road from Residential Single-Family, 4 units per acre, to R-A, Residential Agricultural. 3. Chambers Bank Donation: A resolution to thank Chambers Bank for its donation of 210 acres to the City of Fayetteville. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 IA N a a C.3 q-14- AGENDA REQUEST Chambers Bank Donation Page 1 of 22 FOR: COUNCIL MEETING OF SEPTEMBER 21, 2010 FROM: LIONELD JORDAN, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Thank Chambers Bank For Its Donation Of 210 Acres To The City Of Fayetteville APPROVED FOR AGENDA: qCittorn y Date tD (O artment Director Date 4 - t't- �o►o Financial Director Date I-AI-1c) C ief of Staff Date 6)a4yor Date 09-14-10A C.3 Chambers Bank Donation Page 2 of 22 / THE CITY OF FAYETTEVILLE,ARKANSAS / ARKANSAS ' September 14, 2010 Chambers Bank ATTN: Ed Love, Vice President Joyce Boulevard Fayetteville, AR 72703 RE: Acknowledgement of gift/donation of 210 acres to the City of Fayetteville,Arkansas Dear Chambers Bank: This letter is to acknowledge and thank you for the gift/donation of 210 acres to the City of Fayetteville on September 13, 2010. Ten acres of your donation was of the City's water tank site which currently houses two 6 million gallon water tanks and serves as a major component of the Fayetteville water system. The other 200 acres is the area selected by the Fayetteville Parks and Recreation Advisory Board as the preferred site for a major city park. Attached to this letter is the copy of the Warranty Deed from Chambers Bank that was delivered to the City Attorney Kit Williams who filed it for record at 4:31 P.M. in the Washington County Circuit Clerk's Office on September 13, 2010. Si erely, �l LIONELD JORDAN Fayetteville Mayor cc: Fayetteville City Council Telecommunications Device for the Deaf TDD(479)521-1.316 113west Mountain Fayetteville,AR 72701 FAYETTEVI LLE mbe Bank Donation 1 1 LJZJi.J P e3 f 2 THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Mayor Jordan City Council FROM: Kit Williams, City Attorney DATE: September 14, 2010 RE: 210 acres received by City of Fayetteville Six years ago, the City entered into an agreement with SouthPass Development Company, LLC which was supposed to result in the City receiving 200 acres of parkland as a donation for a community park and our ten acre water tank site. This agreement became controversial and the SouthPass PZD was only approved by Mayor Coody's tie-breaking vote in 2008. Even though Mayor Jordan opposed the PZD as an alderman, he properly saw his role as Mayor to execute and administer the legislative decision made in 2008 approving SouthPass PZD. Therefore, the City complied with our remaining contractual duties under the Agreement and then requested SouthPass Development Company, LLC to fulfill its contractual duties. SouthPass initially in July of 2009 offered the City only a quitclaim deed with numerous restrictions and no release of mortgage from the 210 acres. This was properly and promptly rejected by the City. Despite numerous disappointing delays by SouthPass, Mayor Jordan kept his eye on the prize. Through the good offices of Alderman Robert Rhoads, representatives of Chambers Bank which held the principal mortgage on the SouthPass land (including the 210 acres promised to the City by SouthPass) began consultations with the City. Finally, Mayor Jordan was able to get SouthPass Development Company, LLC and Chambers Bank to agree to a deadline to supply the 200 acre warranty deed free of encumbrances to the City. Mayor Jordan's patient determination finally bore fruit when I was able to file a Warranty Deed from Chambers Bank for the 210 acres conveyed to the City of Fayetteville at 4:31 p.m. on September 13, 2010. C.3 Chambers Bank Donation Page 4 of 22 Taveqe-di L----777z==NSASENCE SAS If F ARKANSAS To: Mayor Lionel Jordan Don Marr, Chief of Staff Paul Becker, Finance Director (� From: David Jurgens, Utilities Director T Date: September 12,2010 Subject: 2011 Budget Impact of Water Tank ite Purchase Per paragraph 7(page 4, highlighted in yellow)of the attached lease agreement dated 31 October 1991, the City of Fayetteville would have almost certainly paid$100,000 in 2011 to purchase the 10 acre water tank site land associated with the South Pass development. The option to purchase did not come available prior to 2011, and I would have strongly encouraged the City to purchase the land at that time. That property contains 12 million gallons of water storage(out of 28 million gallons stored on our primary water pressure plane), and is master planned for an additional 12 million gallons on the primary plane, an elevated tank and pump station to serve the top of the hill it is on as well as the Dinsmore Trail area north of Highway 62. South Pass Tank Site Purch Cmt Memo Seplo.doc.doc C.3 Chambers Bank Donation Page 5 of 22 RESOLUTION NO. A RESOLUTION TO THANK CHAMBERS BANK FOR ITS DONATION OF 210 ACRES TO THE CITY OF FAYETTEVILLE WHEREAS, Chambers Bank delivered a Warranty Deed to the City of Fayetteville conveying the ten acre city water tank site and the 200 acre proposedpark site on the SouthPass property; and WHEREAS, this Warranty Deed was filed of record on September 13, 2010, at the Washington County Circuit Clerk's Office; and WHEREAS, the ten acre water tank site houses two 6,000,000 gallon water tanks which hold about 43%of the Fayetteville Primary Pressure Plane water storage capacity;and WHEREAS, this donation of the water tank site saves the City at least $100,000.00, which was the agreed option to purchase price for this site that the City could first execute in 2011; and WHEREAS, the 200 acre donation encompasses the area selected by the Fayetteville Parks and Recreation Advisory Board as the preferred site for a regional or community wide city park; and WHEREAS, this park land is needed now to offset the loss in 2011 of the soccer fields on Fayetteville School District land around Asbell which the School District will convert to tennis courts as well as the future loss of the soccer fields along Lewis Avenue when our lease of this property from the University of Arkansas expires; and WHEREAS, the Unified Development Code §166.04(B)(3)(1) Parkland dedication establishes a money in lieu of park land dedication of$40,000.00 per acre which if applied to this parkland donation would equal Eight Million Dollars. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby expresses its thanks and appreciation to Chambers Bank for its donation to the City and Citizens of Fayetteville of the ten acre water tank site and the 200 acre proposed site for a regional or community park. PASSED and APPROVED this 21"day of September, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.3 - Chambers Bank Donation IIIIpp�NN��IpIppp�� pp�qq��IIIIIIIqIq'' pppp�p�ppp��pwwp��IqIq,, 'g'q11��nnNN AA �II IIIIII)IIID�IIIU IIYI�llm SII��IINI ��I EXHIBIT"C" KSnd10MARRAhN DEED 18 Type. REL Recorded: 00/13/2010 at 04:31:58 PM Fes Amt: $88.00 Pace 1 of 15 Wastte StamCircuit Clark F1102010-00026595 hington Countv. AR Beps ?HIS INSTRUMENT'PREPARED BY: 5 PAGE, THRAILKILL, AND MCDANIEL - ATTORNEYS AT I-Aw, P.A. .._. -------- .__ .. COURTHOUSE SQUARE WEST 311 DEQUEEN STREET MENA, ARKANSAS 71 953 Space Above This Line is For Recorder's Use Only WARRANTY DEED STATE OF ARKANSAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WASHINGTON ) That CHAMBERS BANK an Arkansas chartered bank, by and through its authorized agent, for good and valuable consideration, the receipt of which is acknowledged, by this deed does hereby dedicate, donate, give, and convey unto the City of Fayetteville, an Arkansas municipal corporation, and its successors and assigns, the following described lands lying and being situated in the County of . Washington, State of Arkansas,to-wit: SEE PROPETY DESCRIBED ON EXHIBIT"A" SUBJECT to any public utility or roadway easements or city land use ordinances as may now exist. SUBJECT to any prior reservations of oil, gas,or other minerals,if any. together with all the improvements and appurtenances thereunto belonging. TO HAVE AND TO HOLD the same unto by City of Fayetteville, an Arkansas municipal corporation,and unto the survivors of it, its heirs and assigns, or the heirs and assigns of the survivors of it, forever. And the GRANTOR herein, does hereby covenant with the City of Fayetteville, an Arkansas municipal corporation, its successors and assigns, to forever warrant and defend the title to the above described property, and any part thereof,against the lawful claims of any and all persons. And, in consideration of the premises above stated, Grantor does hereby release and relinquish unto the City of Fayetteville, an Arkansas municipal corporation, all its right and possibility of dower, curtesy and homestead in and to said lands. C.3 Chambers Bank Donation Page 7 of 22 WITNESS our hands and seals this a I ay of August,2010. Chambers Bank By: Ed Love, Vice President ACKNOWLEDGMENT STATE OF ARKANSAS j COUNTY OF ILI ) Be it remeremembe d that on this day came before me, a Notary Public, duly commissioned, qualified, and acting, within and for said County and State, ED LOVE, to me personally known, who stated that he is the Vice President, of CHAMBERS BANK, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said entity, and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration,uses, and purposes therein mentioned and set forth on behalf of the entity. WITNESS my hand and official seal this aAay August,2010, M1y M.BNINK�_ WASHINGTON COUNV NOTARY BLIC ryp7gar pUBrrC-ARKANSAS (SEAL) My eommjmion&Pira Mech tB,2879 370= C.3 Chambers Bank Donation Page 8 of 22 EXHIBIT A(l) ADJUSTED TRACT 9 DESCRIPTION - A PART OF THE FRACTIONAL NORTHWEST QUARTER(NW '/,) OF THE SOUTHWEST QUARTER (SW '/.) OF SECTION THIRTY (30), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY(30)WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER (NW '/4) OF THE SOUTHWEST QUARTER (SW '/.), SECTION THIRTY(30); THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 87015'10"WEST 474.17 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE THE FOLLOWING COURSES: SOUTH 02005'17" WEST 660.00 FEET; NORTH 87"15'10"WEST 660.00 feet; NORTH 02°05'17" EAST 660.00 FEET TO SAID NORTH LINE OF SAID TRACT; THENCE ALONG SAID NORTH LINE SOUTH 87°15'10" EAST 660.00 FEET TO THE POINT OF BEGINNING, CONTAINING 10.00 ACRES, MORE OR LESS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. C.3 Chambers Bank Donation Page 9 of 22 EXHIBIT A Legal Description 3 C.3 Chambers Bank Donation Page 10 of 22 ADJUSTED TRACT 2 DESCRIPTION - (SEE SHEET 2!3) A PART OF THE EAST HALF(I- %)OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION TWENTY-FIVE (25)AND A PART OF THE EAST HALF (E%)OF THE NORTHEAST QUARTER (NE%) OF SECTION THIRTY-SIX(36),ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31)WEST, WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID EAST HALF (E'/,)OF THE SOUTHEAST QUARTER(SE'/4)OF SAID SECTION TWENTY-FIVE (25); THENCE ALONG THE NORTH LINE OF SAID EIGHTY(80)ACRE TRACT SOUTH 87'09'38" EAST 100.03 FEET; THENCE LEAVING SAID NORTH LINE THE FOLLOWING COURSES: SOUTH 01°26'44"WEST 951.98 FEET; S 35011'50" EAST 361.43 FEET; SOUTH 08020'51"WEST 255.18 FEET; SOUTH 29051'29" EAST 148.57 FEET; SOUTH 00051'59" EAST 415.39 FEET; SOUTH 23°10'05"WEST 158.00 FEET; SOUTH 32°01'04" EAST 100.91 FEET; SOUTH 01038'21"WEST 418.36 FEET; SOUTH 02°04'05" EAST 754.60 FEET; SOUTH 1003743"WEST 1625.80 FEET; NORTH 86053'02"WEST 101.00 FEET; NORTH 10°37'32" EAST 1626.87 FEET; NORTH 02002'38"WEST 745.84 FEET; NORTH 01'38'21" EAST 393.15 FEET; NORTH 32°01'04"WEST 122.93 FEET; NORTH 23'10'05" EAST 188.97 FEET; NORTH 00051'59"WEST 368.25 FEET; NORTH 29°51'29" WEST 157.35 FEET; NORTH 08°20'51" EAST 248.95 FEET; NORTH 35°10'51" WEST 354.98 FEET TO THE WEST LINE OF SAID EAST HALF(E /.)OF THE SOUTHEAST QUARTER(SE 1/4), SECTION TWENTY-FIVE (25);THENCE ALONG SAID WEST LINE OF SAID EIGHTY(80)ACRE TRACT NORTH 01027'39" EAST 988.07 FEET TO THE POINT OF BEGINNING, CONTAINING 11.940 ACRES, MORE OR LESS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. C.3 Chambers Bank Donation Page 11 of 22 ADJUSTED TRACT 4 DESCRIPTION - (SEE SHEET 213) A PART OF THE FRACTIONAL WEST HALF(W'/2)OF THE SOUTHWEST QUARTER(SW'/4) AND A PART OF THE NORTHEAST QUARTER(NE 1/4)OF THE SOUTHWEST QUARTER(SW 114)OF SECTION THIRTY(30)AND A PART OF THE FRACTIONAL NORTHWEST QUARTER(NW 1/4)OF THE NORTHWEST QUARTER(NW 1/4) OF SECTION THIRTY-ONE (31), ALL IN TOWNSHIP SIXTEEN (16) NORTH,RANGE THIRTY (30)WEST, WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER(NE'/4)OF THE SOUTHWEST QUARTER(SW 1/4) OF SAID SECTION THIRTY(30); THENCE ALONG THE NORTH LINE OF SAID FORTY(40)ACRE TRACT SOUTH 87°15'10" EAST 403.07 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 52°24'38"WEST 335.19 FEET; THENCE SOUTH 50°09'07"WEST 43.00 FEET; THENCE NORTH 39050'53"WEST 172.02 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 89639'01"AND A RADIUS OF 53.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 83.71 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 84040'23"WEST 75.43 FEET; THENCE SOUTH 50°30'07"WEST 112.59 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 25°36'17" AND A RADIUS OF 278.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 124.46 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 37'41'58"WEST 123.43 FEET; THENCE SOUTH 24053'49"WEST 65.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 24053'05" AND A RADIUS OF 278.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 120.96 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 12°27'17'WEST 120.01 FEET; THENCE SOUTH 00"00'44"WEST 115.50 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67030'07" AND A RADIUS OF 96.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 113.69 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 33`45'48"WEST 107.23 FEET TO THE BEGINNING OF A NONTANGENT CURVE TO THE RIGHT, SAID CURVE CONCAVE NORTHWESTERLY AND HAVING A CENTRAL ANGLE OF 23°08'38"AND A RADIUS OF 680.56 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 274.90 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 26"20'40"WEST 273.04 FEET; THENCE THE FOLLOWING COURSES: NORTH 36°42'18"WEST 107.36 FEET; NORTH 61048'52"WEST 123.39 FEET; SOUTH 78°45'57" WEST 107.89 FEET; SOUTH 45'34'43"WEST 137A7 FEET;SOUTH 18°26'54"WEST 151.34 FEET; SOUTH 69°00'04"WEST 134.91 FEET; SOUTH 03°46'38"WEST 43.82 FEET; SOUTH 80'47'20"EAST 147.21 FEET; SOUTH 07"01'42" EAST 144.43 FEET; SOUTH 25'1823"WEST 252.51 FEET; SOUTH 73'04'21"WEST 91.76 FEET; SOUTH 36"40'58"WEST 75.51 FEET; SOUTH 09009'33"WEST 124.23 FEET; SOUTH 04°29'50"EAST 113.58 FEET; C.3 Chambers Bank Donation Page 12 of 22 SOUTH 30°22'45"WEST 85.53 FEET; SOUTH 51°54'24"WEST 126.32 FEET; SOUTH 13029'43"WEST 140.96 FEET; SOUTH 59°18'19" EAST 137.06 FEET; SOUTH 12°14'10" EAST 147.08 FEET; SOUTH 33°10'45"WEST 101.57 FEET; SOUTH 03"45'03" EAST 69.10 FEET; NORTH 58°27'31" EAST 353.17 FEET; SOUTH 50054'22" EAST 30.88 FEET; SOUTH 29°53'33"WEST 205.31 FEET; SOUTH 04°18'51"WEST 99.36 FEET; SOUTH 52021'44"WEST 518.96 FEET; NORTH 09°29'53"WEST 155.53 FEET; SOUTH 82°59'00"WEST 136.94 FEET; NORTH 04°52'49"WEST 113.12 FEET; NORTH 17"48'52" EAST 178.11 FEET; NORTH 45'00'58"WEST 126.58 FEET; NORTH 37°07'18"WEST 120.86 FEET; NORTH 29'43'41"EAST 92.26 FEET; NORTH 05050'07"WEST 152.03 FEET; NORTH 02'12'58"WEST 248.61 FEET; NORTH 28°33'12" EAST 86.25 FEET; NORTH 03033'11"EAST 69.09 FEET; NORTH 46°49'29"WEST 159.23 FEET; NORTH 25°07'29"WEST 274.91 FEET; NORTH 04'45'59"EAST 193.96 FEET; NORTH 27°26'52" EAST 126.27 FEET; NORTH 30°16'13" EAST 254.00 FEET; NORTH 74°09'23" EAST 137.05 FEET; SOUTH 86°44'15" EAST 330.61 FEET; NORTH 58°07'31" EAST 324.29 FEET;SOUTH 87"15'10" EAST 402.56 FEET; THENCE NORTH 02°05'17"EAST 660.00 FEET TO THE NORTH LINE OF SAID WEST HALF(W %)OF THE SOUTHWEST QUARTER (SW 1/4)OF SECTION THIRTY(30);THENCE ALONG SAID NORTH LINE SOUTH 87015'10" EAST 474.17 FEET TO THE POINT OF BEGINNING, CONTAINING 37.366 ACRES, MORE OR LESS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. C.3 Chambers Bank Donation Page 13 of 22 ADJUSTED TRACT 5 DESCRIPTION - (SEE SHEET 2/3) A PART OF THE FRACTIONAL SOUTH HALF(S M.)OF SECTION THIRTY(30);A PART OF THE EAST HALF(E'/2)OF THE NORTHWEST QUARTER(NW%)AND A PART OF THE WEST HALF(W 1h)OF THE NORTHEAST QUARTER(NE Y.)OF SECTION THIRTY-ONE(31), ALL IN TOWNSHIP SIXTEEN(16)NORTH,RANGE THIRTY(30)WEST,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER(NE 1/4)OF THE SOUTHEAST QUARTER(SE Y4)OF SAID SECTION THIRTY(30); THENCE ALONG THE NORTH LINE OF SAID FORTY(40)ACRE TRACT SOUTH 87015'10" EAST A DISTANCE OF 365.86 FEET;THENCE SOUTH 10002'42"WEST A DISTANCE OF 377.72 FEET;THENCE SOUTH 54009'30"WEST A DISTANCE OF 297.18 FEET;THENCE NORTH 81006146"WEST A DISTANCE OF 158.03 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 20"36'31",WITH AN ARC LENGTH OF 431.27 FEET,WITH A RADIUS OF 1199.00 FEET,WITH A CHORD BEARING OF NORTH 53933'47" WEST,WITH A CHORD LENGTH OF 428.94 FEET,;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 89942'40",WITH AN ARC LENGTH OF 29.75 FEET, WITH A RADIUS OF 19.00 FEET,WITH A CHORD BEARING OF SOUTH 71916'33"WEST, WITH A CHORD LENGTH OF 26.80 FEET,;THENCE SOUTH 26925'03"WEST A DISTANCE OF 50.83 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 45939'20",WITH AN ARC LENGTH OF 922.65 FEET,WITH A RADIUS OF 1157.88 FEET, WITH A CHORD BEARING OF NORTH 85943'06"WEST,WITH A CHORD LENGTH OF 898.43 FEET,;THENCE SOUTH 10903'19"EAST A DISTANCE OF 139.18 FEET;THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 7952'00",WITH AN ARC LENGTH OF 156.57 FEET,WITH A RADIUS OF 1154.96 FEET,WITH A CHORD BEARING OF SOUTH 66922'10"WEST,WITH A CHORD LENGTH OF 158.45 FEET,; THENCE SOUTH 25928'32"EAST A DISTANCE OF 115.32 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 20929'25",WITH AN ARC LENGTH OF 329.55 FEET,WITH A RADIUS OF 921.60 FEET,WITH A CHORD BEARING OF SOUTH 51039'12"WEST,WITH A CHORD LENGTH OF 327.80 FEET,;THENCE SOUTH 41924'30" WEST DISTANCE OF 116.92 FEET;THENCE SOUTH 38048153"WEST DISTANCE OF 129.98 FEET;THENCE SOUTH 41924'27"EAST A DISTANCE OF 37.50 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 41924'49",WITH AN ARC LENGTH OF 287.55 FEET,WITH A RADIUS OF 397.82 FEET,WITH A CHORD BEARING OF SOUTH 26918'34"WEST,WITH A CHORD LENGTH OF 281.33 FEET,; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 792621", WITH AN ARC LENGTH OF 86.73 FEET,WITH A RADIUS OF 668.00 FEET,WITH ACHORD BEARI NG OF SOUTH 71913'47"WEST,WITH A CHORD LENGTH OF 86.67 FEET,;THENCE SOUTH 17913'08"EAST A DISTANCE OF 102.56 FEET;THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 17900'11",WITH AN ARC LENGTH OF 226.65 FEET,WITH A RADIUS OF 770.50 FEET,WITH A CHORD BEARING OF SOUTH 83909'44" WEST,WITH A CHORD LENGTH OF 227.82 FEET,;THENCE NORTH 85930'24"WEST A DISTANCE OF 142.61 FEET;THENCE SOUTH 06900'34"WEST A DISTANCE OF 464.17 FEET;THENCE SOUTH 84956'38"EAST A DISTANCE OF 267.06 FEET;THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 492616",WITH AN ARC LENGTH OF 19.36 FEET,WITH A RADIUS OF 250.00 FEET,WITH A CHORD BEARING OF SOUTH 80922'58"EAST,WITH A CHORD LENGTH OF 19.36 FEET,;THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 17953'56",WITH AN ARC LENGTH OF 78.10 FEET,WITH A RADIUS OF 250.00 FEET,WITH A CHORD BEARING OF SOUTH 69912'52"EAST,WITH A CHORD LENGTH OF 77.78 FEET,;THENCE SOUTH 60023'16"EAST A DISTANCE OF 265.82 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 26043'18",WITH AN ARC LENGTH OF 91.34 FEET,WITH A RADIUS OF 195.85 FEET,WITH A CHORD BEARING OF SOUTH 74033'39"EAST,WITH A C.3 Chambers Bank Donation Page 14 of 22 CHORD LENGTH OF 90.51 FEET,;THENCE SOUTH 84°59'26"EAST A DISTANCE OF 1095.13 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 29°28'57",WITH AN ARC LENGTH OF 128.72 FEET,WITH A RADIUS OF 250.14 FEET, WITH A CHORD BEARING OF NORTH 80°45'28"EAST,WITH A CHORD LENGTH OF 127.30 _ FEET,;THENCE NORTH 66000'45"EAST A DISTANCE OF 470.23 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 5046'15",WITH AN ARC LENGTH OF 93.05 FEET,WITH A RADIUS OF 923.88 FEET,WITH A CHORD BEARING OF NORTH 64034'44"EAST,WITH A CHORD LENGTH OF 93.01 FEET,;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 12000'08",WITH AN ARC LENGTH OF 63.15 FEET,WITH A RADIUS OF 301.46 FEET,WITH A CHORD BEARING OF NORTH 52042'04"EAST,WITH A CHORD LENGTH OF 63.03 FEET,;THENCE SOUTH 61058'39"EAST A DISTANCE OF 587.96 FEET;THE NCE SOUTH 38001'21"WEST A DISTANCE OF 60.50 FEET;THENCE SOUTH 21005'39" WEST A DISTANCE OF 293.94 FEET;THENCE NORTH 87000'27"WEST A DISTANCE OF 55.82 FEET;THENCE SOUTH 02057'37"WEST A DISTANCE OF 115.76 FEET;THENCE NORTH 87014'32"WEST A DISTANCE OF 473.85 FEET;THENCE SOUTH 03°21'43"WEST A DISTANCE OF 676.13 FEET,THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 18058'29",WITH AN ARC LENGTH OF 264.94 FEET,WITH A RADIUS OF 800.00 FEET,WITH A CHORD BEARING OF SOUTH 12050'58"WEST,WITH A CHORD LENGTH OF 263.73 FEET,;THENCE SOUTH 22020'12"WEST A DISTANCE OF 97.52 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 41055'54", WITH AN ARC LENGTH OF 585.48 FEET,WITH A RADIUS OF 800.00 FEET,WITH A CHORD BEARING OF SOUTH 43018'09"WEST,WITH A CHORD LENGTH OF$72.50 FEET,; THENCE SOUTH 64016'06"WEST A DISTANCE OF 68.84 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 18033'69",WITH AN ARC LENGTH OF 71.29 FEET,WITH A RADIUS OF 220.00 FEET,WITH A CH ORD BEARING OF SOUTH 54059'06"WEST,WITH A CHORD LENGTH OF 70.98 FEET,; THENCE SOUTH 45042'07"WEST A DISTANCE OF 332.13 FEET;THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 7026'22",WITH AN ARC LENGTH OF 28.57 FEET,WITH A RADIUS OF 220.00 FEET,WITH A CHORD BEARING OF SOUTH 49025'17"WEST,WITH A CHORD LENGTH OF 28.55 FEET,;THENCE SOUTH 53008'28" WEST A DISTANCE OF 141.25 FEET;THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 53040'26",WITH AN ARC LENGTH OF 262.30 FEET,WITH A RADIUS OF 280.00 FEET,WITH A CHORD BEARING OF SOUTH 79058'41"WEST,WITH A CHORD LENGTH OF 252.81 FEET,;THENCE NORTH 73011'06"WEST A DISTANCE OF 222.13 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 8040'40",WITH AN ARC LENGTH OF 72.70 FEET,WITH A RADIUS OF 480.00 FEET,WITH A CHORD BEARING OF NORTH 77031'26"WEST,WITH A CHORD LENGTH OF 72.63 FEET,; THENCE NORTH 81051146"WEST A DISTANCE OF 299.14 FEET;THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 62056'49 ",WITH AN ARC LENGTH OF 110.89 FEET,WITH A RADIUS OF 120.00 FEET,WITH A CHORD BEARING OF NORTH 5502321"WEST,WITH A CHORD LENGTH OF 106.99 FEET,; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 18043'12", WITH AN ARC LENGTH OF 39.21 FEET,WITH A RADIUS OF 120.00 FEET,WITH A CHORD BEARING OF NORTH 19033'20"WEST,WITH A CHORD LENGTH OF 39.03 FEET,;THENCE NORTH 10'11'44"WEST A DISTANCE OF 1.43 FEET;THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 45041'49",WITH AN ARC LENGTH OF 223.32 FEET,WITH A RADIUS OF 280.00 FEET,WITH A CHORD BEARING OF NORTH 12039'11" EAST,WITH A CHORD LENGTH OF 217.45 FEET,;THENCE NORTH 35030'05"EAST A DISTANCE OF 58.56 FEET;THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 4603710811,WITH AN ARC LENGTH OF 455.65 FEET,WITH A RADIUS OF 560.00 FEET,WITH A CHORD BEARING OF NORTH 12011'31"EAST,WITH A CHORD LENGTH OF 443.18 FEET,;THENCE NORTH 11007'03"WEST A DISTANCE OF 17.62 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A