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Home My WebLink AboutOrdinance 5697ORDINANCE NO. 5697 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4731, FOR APPROXIMATELY 630 ACRES, LOCATED AT MT. KESSLER REGIONAL PARK FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT SOUTHPASS 08-2898, TO P-1, INSTITUTIONAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R-PZD, Residential Planned Zoning District Southpass 08-2898 to P-1, Institutional as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 1511, day of July, 2014. APPROVED: ATTEST: By: SONDRA E. SMITH, City Cerk/Treasurek, 111j1 t,� 1 E �e� .• G1TYtj�,4�,% <• ittF:::Ic IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 015827530012 Type: REL Kind: ORDINANCE Recorded: 07/29/2014 at 10:15:42 AM Fee Amt: $70.00 Page 1 of 12 Washington County, AS Kyle Sylvester Circuit Clerk File2014-00019015 EXHIBIT'A' 14-4731 EXHIBIT 113' 14-4731 Landfill Tract DESCRIPTION: A PART OF THE FRACTIONAL SOUTHWEST QUARTER (SW %) OF SECTION THIRTY (30); ALSO A PART OF THE NORTH HALF (N %) OF THE NORTHWEST QUARTER (NW 'U) OF SECTION THIRTY-ONE (31); ALL BEING IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID FRACTIONAL NORTH HALF (N 'f.) OF THE NORTHWEST QUARTER (NW '/,) OF SECTION THIRTY-ONE (31); THENCE ALONG THE NORTHERLY LINE OF SAID SECTION SOUTH 87036'00" EAST 631.78 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING COURSES: NORTH 03°45'03" WEST 193.85 FEET; NORTH 33010145" EAST 93.12 FEET; NORTH 12014'10" WEST 61.68 FEET; NORTH 59018'19" WEST 167.23 FEET; NORTH 13029'43" EAST 249.53 FEET; NORTH 51°54'24" EAST 142.14 FEET; NORTH 30022'45" EAST 35.11 FEET; NORTH 04029150" WEST 94.14 FEET; NORTH 09009'33" EAST 160.69 FEET; NORTH 36040'58" EAST 132.87 FEET; NORTH 73004'21" EAST 80.35 FEET; NORTH 25018123" EAST 179.24 FEET; NORTH 07001'42" WEST 40.41 FEET; NORTH 80047'20" WEST 163.12 FEET; NORTH 03046'38" EAST 198.74 FEET; NORTH 69000'04" EAST 151.67 FEET; NORTH 18026'54" EAST 128.25 FEET; NORTH 45034'43" EAST 191.40 FEET; NORTH 78°45'57" EAST 173.51 FEET; SOUTH 61048152" EAST 181.49 FEET; SOUTH 36042'18" EAST 131.10 FEET; SOUTH 66013153" EAST 88.19 FEET; SOUTH 84030'33" EAST 125.56 FEET; SOUTH 68047'27" EAST 82.18 FEET; NORTH 85014'45" EAST 156.40 FEET; SOUTH 31009'22" EAST 243.34 FEET; SOUTH 11012'21" WEST 186.57 FEET; SOUTH 43007114" EAST 75.11 FEET; SOUTH 04057'24" WEST 189.85 FEET; SOUTH 59037'54" WEST 51.10 FEET; SOUTH 52054'08" EAST 200.49 FEET; SOUTH 03035125" WEST 509.64 FEET; SOUTH 74031'17" WEST 211.67 FEET; NORTH 89022134" WEST 353.04 FEET; SOUTH 09022'34" EAST 184.47 FEET; SOUTH 88040'04" EAST 37.79 FEET; SOUTH 44057'00" EAST 226.52 FEET; SOUTH 02036'46" WEST 144.08 FEET; NORTH 87023'14" WEST 1005.32 FEET; NORTH 04018'51" EAST 163.80 FEET; SOUTH 58027'31" WEST 245.19 FEET; NORTH 03045'03" WEST 74.39 FEET TO THE POINT OF BEGINNING, CONTAINING 56.510 ACRES, MORE OR LESS. LESS AND EXCEPT: THOSE PORTIONS OF WASHINGTON COUNTY ROAD NO. 200 (JUDGE CUMMINGS ROAD) AFFECTED BY A CITY OF FAYETTEVILLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED WITH THE CITY CLERK HAVING A FIFTY (50) FOOT RIGHT-OF-WAY EXTENDING TWENTY- FIVE (25) FEET EACH SIDE OF A CENTERLINE, SAID ROAD PORTION BEING IN PART OF THE NORTHWEST QUARTER (NW 3;) OF THE NORTHEAST QUARTER (NE '/) AND PART OF THE NORTHEAST QUARTER (NE i/,) OF THE NORTHWEST QUARTER (NW '/) OF SECTION THIRTY- ONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S %) OF THE SOUTH HALF (S M) OF SECTION THIRTY (30), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 11/), SAID SECTION THIRTY (30); THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 87014'32" WEST 8.86 FEET TO THE WESTERLY RIGHT—OF—WAY LINE OF STATE HIGHWAY NO. 265 SOUTH (CATO SPRINGS ROAD) AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497; THENCE ALONG SAID WESTERLY RIGHT—OF—WAY LINE SOUTH 37059'03" WEST 9.81 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF A GRAVEL ROAD KNOWN AS SAID WASHINGTON COUNTY 200 (JUDGE CUMMINGS ROAD), SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 88017'56" WEST 957.47 FEET; NORTH 87°05'11" WEST 323.63 FEET; SOUTH 82007'28" WEST 44.99 FEET; NORTH 52016'47" WEST 44.69 FEET; NORTH 85051'11" WEST 262.89 FEET; NORTH 86024'16" WEST 1240.07 FEET; SOUTH 84041'18" WEST 125.64 FEET; NORTH 83012'13" WEST 228.12 FEET; NORTH 86°28'14" WEST 616.08 FEET; NORTH 82023'29" WEST 108.38 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67034'09" AND A RADIUS OF 208.61 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 246.01 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 48036'25" WEST 232.00 FEET; THENCE NORTH 17005'30" WEST 66.98 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40°52'22" AND A RADIUS OF 213.20 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 152.09 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 37031'41" WEST 148.88 FEET TO THE EASTERLY BOUNDARY OF A PROPERTY DESCRIBED IN INSTRUMENT NUMBER 2005-48123 RECORDED WITH THE CIRCUIT CLERK OF SAID COUNTY, SAID EASTERLY BOUNDARY ALSO BEING THE TERMINUS OF SAID CENTERLINE; THE SIDE LINES OF SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID TERMINUS BOUNDARY. SUBJECT TO A THIRTY FOOT (300) ACCESS EASEMENT AS DECRIBED IN BK. 1439, PG. 647 AND INSTRUMENT NO. 92-046191 BOTH BEING RECORDED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY OTHER RIGHTS—OF—WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD TRACT #5 DESCRIPTION: A PART OF THE FRACTIONAL WEST HALF (W %) OF THE SOUTHWEST QUARTER (SW 1/) AND A PART OF THE SOUTHEAST QUARTER (SE V) OF THE SOUTHWEST QUARTER (SW 11/q), ALL BEING IN SECTION THIRTY (30); AND A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 11/) OF SECTION THIRTY—ONE (31); AND A PART OF THE SOUTHEAST QUARTER (SE OF SECTION TWENTY—FIVE (25); AND A PART OF THE NORTH HALF (N M) OF THE NORTHEAST QUARTER (NE 1/a) AND A PART OF THE SOUTHEAST QUARTER (SE i/,) OF THE NORTHEAST QUARTER (NE '/), ALL BEING IN SECTION THIRTY—SIX (36); ALL PARTS BEING IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY—ONE (31) WEST, WASHINGTON COUNTY. ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND ALUMINUM MONUMENT AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE 14), SECTION TWENTY—FIVE (25), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY—ONE (31) WEST; THENCE ALONG THE EASTERLY LINE OF SAID TRACT SOUTH 02°25'51" WEST 36.60 FEET TO A FOUND ALUMINUM MONUMENT AT THE NORTHWEST CORNER OF THE FRACTIONAL SOUTHWEST QUARTER (SW 1/e) OF SECTION THIRTY (30), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 87°15'10" EAST 700.17 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 02°05'17" WEST 660.00 FEET; THENCE THE FOLLOWING COURSES: SOUTH 87015'10" EAST 257.44 FEET; SOUTH 58007'31" WEST 324.29 FEET; NORTH 86°44'15" WEST 330.61 FEET; SOUTH 74009'23" WEST 137.05 FEET; SOUTH 30016'13" WEST 254.00 FEET; SOUTH 27026152" WEST 126.27 FEET; SOUTH 04°45'59" WEST 193.96 FEET; SOUTH 25007'29" EAST 274.91 FEET; SOUTH 46°49'29" EAST 159.23 FEET; SOUTH 03033111" WEST 69.09 FEET; SOUTH 28033'12" WEST 86.25 FEET; SOUTH 02012'58" EAST 248.61 FEET; SOUTH 05050'07" EAST 152.03 FEET; SOUTH 29043'41" WEST 92.26 FEET; SOUTH 37007'18" EAST 120.86 FEET; SOUTH 45000'58" EAST 126.58 FEET; SOUTH 17048'52" WEST 178.11 FEET; SOUTH 04052149" EAST 113.12 FEET; NORTH 82059'00" EAST 136.94 FEET; SOUTH 09029'53" EAST 155.53 FEET; NORTH 52021'44" EAST 384.50 FEET; SOUTH 04018'51" WEST 13.13 FEET; SOUTH 87023114" EAST 1005.32 FEET; NORTH 02036'46" EAST 144.08 FEET; NORTH 44057'00" WEST 226.52 FEET; NORTH 88040'04" WEST 37.79 FEET; NORTH 09022'34" WEST 184.47 FEET; SOUTH 89022134" EAST 237.27 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16011'23" AND A RADIUS OF 453.50; THENCE ALONG SAID CURVE AN ARC LENGTH OF 128.14 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 49042'24" EAST 127.72 FEET; THENCE SOUTH 41036'42" EAST 109.30 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 08020'11" AND A RADIUS OF 453.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 65.98 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 37026'37" EAST 65.92 FEET; THENCE THE FOLLOWING COURSES: SOUTH 33016132" EAST 59.20 FEET; SOUTH 56043128" WEST 129.29 FEET; SOUTH 00000'00" EAST 167.54 FEET; NORTH 90000'00" EAST 176.03 FEET; NORTH 56033'49" EAST 100.55 FEET; THENCE SOUTH 33016132" EAST 120.80 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16038'06" AND A RADIUS OF 360.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 104.52 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 41035'35" EAST 104.15 FEET; THENCE SOUTH 49054'38" EAST 54.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 48018'27" AND A RADIUS OF 360.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 303.53 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 25045'24" EAST 294.61 FEET; THENCE SOUTH 01036'10" EAST 48.91 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 17044'21" AND A RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 68.11 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 10028'21" EAST 67.84 FEET; THENCE SOUTH 19020131" EAST 37.23 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 24059'05" AND A RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 95.93 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 06050'59" EAST 95.18 FEET; THENCE SOUTH 05038'34" WEST 122.87 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16045'37" AND A RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 163.81 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 02044'14" EAST 163.23 FEET; THENCE SOUTH 11007'03" EAST 17.62 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 46037'08" AND A RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 455.65 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 12011'31" WEST 443.16 FEET; THENCE SOUTH 35030105" WEST 58.56 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 45041'49" AND A RADIUS OF 280.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 223.32 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 12039'11" WEST 217.45 FEET; THENCE SOUTH 10011'44" EAST 1.43 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 71040'01" AND A RADIUS OF 120.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 150.10 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 46001'45" EAST 140.50 FEET; THENCE SOUTH 81051146" EAST 60.59 FEET TO A FOUND IRON PIN; THENCE SOUTH 02036'50" WEST 111.94 FEET TO A FOUND IRON PIN; THENCE NORTH 87010'03" WEST 1671.80 FEET TO A FOUND IRON PIN; THENCE SOUTH 02037'31" WEST 651.66 FEET TO THE SOUTHERLY LINE OF SAID NORTH HALF (N %) OF THE FRACTIONAL SECTION THIRTY-ONE (31); THENCE ALONG SAID SOUTHERLY LINE NORTH 87004'57" WEST 963.78 FEET TO A FOUND ALUMINUM MONUMENT BEING THE SOUTHWEST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER (NW 1/), SECTION THIRTY—ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER (SE 'A) OF THE NORTHEAST QUARTER (NE %) OF SECTION THIRTY—SIX (36), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY—ONE (31) WEST NORTH 87°03'18" WEST 962.79 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID SOUTHERLY LINE NORTH 03006'30" EAST 249.93 FEET TO A FOUND IRON PIN; THENCE NORTH 86053'02" WEST 350.00 FEET TO A FOUND IRON PIN ON THE WESTERLY LINE OF SAID SOUTHEAST QUARTER (SE 1) OF THE NORTHEAST QUARTER (NE 1/,), SECTION THIRTY—SIX (36), TOWNSHIP SIXTEEN (16), RANGE THIRTY—ONE (31) WEST; THENCE ALONG SAID WESTERLY LINE NORTH 01047'26" EAST 1060.68 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW %) OF THE NORTHEAST QUARTER (NE 1/.) SAID SECTION THIRTY—SIX (36), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY—ONE (31) WEST; THENCE ALONG THE SOUTHERLY LINE OF SAID FORTY (40) ACRE TRACT NORTH 87016'27" WEST 163,05 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01057'34" EAST 1324.69 FEET TO THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER (SW 1/) OF THE SOUTHEAST QUARTER (SE 1/), SAID SECTION TWENTY—FIVE (25), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY—ONE (31) WEST; THENCE ALONG SAID SOUTHERLY LINE OF SAID TRACT NORTH 87031'37" WEST 436.24 FEET TO A FOUND IRON PIN ON A BLUFF LINE; THENCE ALONG SAID BLUFF LINE THE FOLLOWING COURSES: NORTH 17008'05" EAST 157.76 FEET; NORTH 23029'30" EAST 127.51 FEET; NORTH 02025'44" EAST 131.20 FEET; N 30029111" WEST 198.42 FEET; NORTH 16015145" WEST 180.52 FEET; NORTH 03000'58" EAST 113.62 FEET; NORTH 14013'54" EAST 202.18 FEET; NORTH 24051'02" WEST 100.73 FEET; NORTH 08041'17" EAST 110.59 FEET; NORTH 67053'42" EAST 173.71 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID BLUFF LINE NORTH 87018'22" WEST 147.50 FEET TO A FOUND IRON PIN; THENCE NORTH 01028'04" EAST 659.86 FEET TO A FOUND IRON PIN; THENCE SOUTH 87013'07" EAST 660.25 FEET TO A FOUND IRON PIN ON THE WESTERLY LINE OF A PROPERTY DESCRIBED AS "ADJUSTED TRACT 2" IN INSTRUMENT NO. 2010-26595 AS FILED WITH THE CIRCUIT CLERK OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID PROPERTY NORTH 01027'39" EAST 675.06 TO A FOUND IRON PIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/) OF THE SOUTHEAST QUARTER (SE 1/a), SAID SECTION TWENTY—FIVE (25), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY—ONE (31) WEST; THENCE ALONG SAID NORTHERLY LINE OF SAID TRACT SOUTH 87009'38" EAST 1314.52 FEET TO THE POINT OF BEGINNING, CONTAINING 339.811 ACRES, MORE OR LESS. LESS AND EXCEPT: THOSE PORTIONS OF WASHINGTON COUNTY ROAD NO. 200 (JUDGE CUMMINGS ROAD) AFFECTED BY A CITY OF FAYETTEVILLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED WITH THE CITY CLERK HAVING A FIFTY (50) FOOT RIGHT—OF—WAY EXTENDING TWENTY— FIVE (25) FEET EACH SIDE OF A CENTERLINE, SAID ROAD PORTION BEING IN PART OF THE NORTHWEST QUARTER (NW '/) OF THE NORTHEAST QUARTER (NE 1/) AND PART OF THE NORTHEAST QUARTER (NE 1/e) OF THE NORTHWEST QUARTER (NW %) OF SECTION THIRTY— ONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S %) OF THE SOUTH HALF (S iii) OF SECTION THIRTY (30), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/e), SAID SECTION THIRTY (30); THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 87014'32" WEST 8.86 FEET TO THE WESTERLY RIGHT—OF—WAY LINE OF STATE HIGHWAY NO. 265 SOUTH (CATO SPRINGS ROAD) AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497; THENCE ALONG SAID WESTERLY RIGHT—OF—WAY LINE SOUTH 37059'03" WEST 9.81 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF A GRAVEL ROAD KNOWN AS SAID WASHINGTON COUNTY 200 (JUDGE CUMMINGS ROAD), SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 88017'56" WEST 957.47 FEET; NORTH 87005'11" WEST 323.63 FEET; SOUTH 82007'28" WEST 44.99 FEET; NORTH 52016'47" WEST 44.69 FEET; NORTH 85051'11" WEST 262.89 FEET; NORTH 86024'16" WEST 1240.07 FEET; SOUTH 84041'18" WEST 125.64 FEET; NORTH 83012'13" WEST 228.12 FEET; NORTH 86028'14" WEST 616.08 FEET; NORTH 82023'29" WEST 108.38 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67034'09" AND A RADIUS OF 208.61 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 246.01 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 48036'25" WEST 232.00 FEET; THENCE NORTH 17005'30" WEST 66.98 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40052'22" AND A RADIUS OF 213.20 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 152.09 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 37031'41" WEST 148.88 FEET TO THE EASTERLY BOUNDARY OF A PROPERTY DESCRIBED IN INSTRUMENT NUMBER 2005-48123 RECORDED WITH THE CIRCUIT CLERK OF SAID COUNTY, SAID EASTERLY BOUNDARY ALSO BEING THE TERMINUS OF SAID CENTERLINE; THE SIDE LINES OF SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID TERMINUS BOUNDARY. SUBJECT TO A THIRTY FOOT (30') ACCESS EASEMENT AS DECRIBED IN BK. 1439, PG. 647 AND INSTRUMENT NO. 92-046191 BOTH BEING RECORDED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY OTHER RIGHTS—OF—WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. TRACT #2A DESCRIPTION: A PART OF THE SOUTH HALF (S %) OF THE SOUTHEAST QUARTER (SE '/.) AND A PART OF THE SOUTHEAST QUARTER (SE 11/) OF THE SOUTHWEST QUARTER (SW '/,), ALL BEING IN SECTION THIRTY (30), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; AND A PART OF THE WEST HALF (W 36) OF THE NORTHEAST QUARTER (NE '/) AND A PART OF THE EAST HALF (E %) OF THE NORTHWEST QUARTER (NW 1/), ALL BEING IN SECTION THIRTY—ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; ALL BEING IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND ALUMINUM MONUMENT BEING THE NORTHEAST CORNER OF SAID WEST HALF (W %) OF THE NORTHEAST QUARTER (NE '%) IN SECTION THIRTY—ONE 31; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT NORTH 87°14'32" WEST 61.42 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 03021'43' WEST 676.13 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 18058'29" AND A RADIUS OF 800.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 264.94 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 12°50'58" WEST 263.73 FEET; THENCE SOUTH 22°20'12" WEST 97.52 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 22010'26" AND A RADIUS OF 800.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 309.60 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 33025'25" WEST 307.68 FEET; THENCE SOUTH 33°27'47" WEST 568.11 FEET; THENCE SOUTH 11038'12" WEST 854.59 FEET TO THE SOUTHERLY LINE OF SAID WEST HALF (W %) OF THE NORTHEAST QUARTER (NE %) IN SECTION THIRTY—ONE (31); THENCE ALONG SAID SOUTHERLY LINE OF SAID TRACT NORTH 87°21'46' WEST 611.22 FEET TO A FOUND IRON PIN BEING THE SOUTHEAST CORNER OF SAID EAST HALF (E %) OF THE NORTHWEST QUARTER (NW 1/a) IN SECTION THIRTY—ONE (31); THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT NORTH 87°04'57" WEST 423.66 FEET TO FOUND IRON PIPE; THENCE LEAVING SAID SOUTHERLY LINE NORTH 02036'50" EAST 766.09 FEET; THENCE NORTH 81°51'46" WEST 60.59 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 71040'01" AND A RADIUS OF 120.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 150.10 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 46001'45" WEST 140.50 FEET; THENCE NORTH 10011'44" WEST 1.43 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 45041'49" AND A RADIUS OF 280.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 223.32 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 12039'11" EAST 217.45 FEET; THENCE NORTH 35030'05" EAST 58.56 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 46037'08" AND A RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 455.65 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 12011'31" EAST 443.18 FEET; THENCE NORTH 11007'03" WEST 17.62 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 16045'37" AND A RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 163.81 AND A CHORD BEARING AND DISTANCE OF NORTH 02044'14" WEST 163.23 FEET; THENCE NORTH 05038134" EAST 122.87 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 24059'05" AND A RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 95.93 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 06050'59" WEST 95.18 FEET; THENCE NORTH 19020'31" WEST 37.23 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 17044'21" AND A RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 68.11 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 10028'21" WEST 67.84 FEET; THENCE NORTH 01036110" WEST 48.91 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 48018'27", AND A RADIUS OF 360.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 303.53 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 25045'24" WEST 294.61 FEET; THENCE NORTH 49054'38" WEST 54.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 16038'06" AND A RADIUS OF 360.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 104.52 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 41035'35" WEST 104.15 FEET; THENCE THE FOLLOWING COURSES: NORTH 33016'32" WEST 120.80 FEET; SOUTH 56033149" WEST 100.55 FEET; NORTH 90°00'00" WEST 176.03 FEET; NORTH 00000100" WEST 167.54 FEET; NORTH 56043'28" EAST 129.29 FEET; NORTH 33016'32" WEST 59.20 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 08020111" AND A RADIUS OF 453.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 65.98 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 37026'37" WEST 65.92 FEET; THENCE NORTH 41036'42" WEST 109.30 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16011'23" AND A RADIUS OF 453.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 128.14 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 49042'24" WEST 127.72 FEET; THENCE THE FOLLOWING COURSES: SOUTH 89022'34" EAST 115.78 FEET; NORTH 74031'17" EAST 211.67 FEET; NORTH 03035'25' EAST 218.78 FEET; SOUTH 84056'38" EAST 197.11 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 04026'16" AND A RADIUS OF 250.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 19.36 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 80022'58" EAST 19.36 FEET TO THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 17053'56" AND A RADIUS OF 250.00 FEET; THENCE ALONG SAID COMPOUND CURVE AN ARC LENGTH OF 78.10 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 69012'52" EAST 77.78 FEET; THENCE SOUTH 60023'16" EAST 265.82 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 26043'18" AND A RADIUS OF 195.85 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 91.34 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 74033'39" EAST 90.51 FEET; THENCE SOUTH 84059126" EAST 1,095.13 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 29028'57" AND A RADIUS OF 250.14 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 128.72 AND A CHORD BEARING AND DISTANCE OF NORTH 80045'28" EAST 127.30 FEET; THENCE NORTH 66000'45" EAST 470.23 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 05046'15" AND A RADIUS OF 923.88 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 93.05 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 64°34'44" EAST 93.01 FEET TO THE BEGINNING OF A COMPOUND CURVE TO THE LEFT HAVING A DELTA ANGLE OF 12000108" AND A RADIUS OF 301.46 FEET; THENCE ALONG SAID COMPOUND CURVE AN ARC LENGTH OF 63.15 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 52°42'04" EAST 63.03 FEET; THENCE THE FOLLOWING COURSES: SOUTH 51058'39" EAST 587.96 FEET; SOUTH 38°01'21" WEST 50.50 FEET; SOUTH 21005'39" WEST 293.94 FEET; NORTH 87°00'27" WEST 55.82 FEET; SOUTH 02057'37" WEST 115.76 FEET TO THE SOUTHERLY LINE OF SAID SOUTH HALF (S %) OF THE SOUTHEAST QUARTER (SE i/) IN SECTION THIRTY (30); THENCE ALONG SAID SOUTHERLY LINE NORTH 87014'32" WEST 412.43 FEET TO THE POINT OF BEGINNING, CONTAINING 127.850 ACRES, MORE OR LESS. LESS AND EXCEPT, THE FOLLOWING: THOSE PORTIONS OF WASHINGTON COUNTY ROAD NO. 201 (KESSLER MOUNTAIN ROAD) AFFECTED BY A CITY OF FAYETTEVILLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED WITH THE CITY CLERK,SAID ROAD HAVING A FIFTY (50) FOOT RIGHT-OF-WAY EXTENDING TWENTY-FIVE (25) FEET EACH SIDE OF A CENTERLINE, SAID ROAD PORTION BEING IN PART OF THE NORTHWEST QUARTER (NW '%) OF THE SOUTHEAST QUARTER (SE ''/), AND A PART OF THE SOUTHWEST QUARTER (SW iV) OF THE NORTHEAST QUARTER (NE 'U), AND A PART OF THE SOUTHEAST QUARTER (SE %) OF THE NORTHWEST QUARTER (NW ''Y4), ALL IN SECTION THIRTY-ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER (NW iV.) OF THE SOUTHEAST QUARTER (SE i%) OF SAID SECTION THIRTY-ONE (31); THENCE ALONG THE NORTH LINE OF SAID FORTY (40) ACRE TRACT NORTH 86°59'53" WEST 272.18 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 03°00'07" WEST 323.15 FEET TO THE INTERSECTION OF THE CENTERLINE OF THE EXISTING GRAVEL ROAD KNOWN AS SAID WASHINGTON COUNTY ROAD NO. 201 (KESSLER MOUNTAIN ROAD) AND THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 265 SOUTH (CATO SPRINGS ROAD) AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497, SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE NORTH 55°07'55" WEST 117.33 FEET; THENCE NORTH 55026'23" WEST 322.79 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 33°59'51" AND A RADIUS OF 506.82 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 300.73 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 71032'59" WEST 296.34 FEET; THENCE NORTH 87006'47" WEST 311.95 FEET; THENCE NORTH 86055'45" WEST 1868.91 FEET TO THE TERMINUS OF SAID CENTERLINE, MORE OR LESS, AFFECTED BY SAID ANNEXATION; THE SIDE LINES OF SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID TERMINUS BOUNDARY. LESS AND EXCEPT: THOSE PORTIONS OF WASHINGTON COUNTY ROAD NO. 200 (JUDGE CUMMINGS ROAD) AFFECTED BY A CITY OF FAYETTEVILLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED WITH THE CITY CLERK HAVING A FIFTY (50) FOOT RIGHT-OF-WAY EXTENDING TWENTY- FIVE (25) FEET EACH SIDE OF A CENTERLINE, SAID ROAD PORTION BEING IN PART OF THE NORTHWEST QUARTER (NW Yi) OF THE NORTHEAST QUARTER (NE iY4) AND PART OF THE NORTHEAST QUARTER (NE iV) OF THE NORTHWEST QUARTER (NW V4) OF SECTION THIRTY- ONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S %) OF THE SOUTH HALF (S '�4) OF SECTION THIRTY (30), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE ''%), SAID SECTION THIRTY (30); THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 87014'32" WEST 8.86 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 265 SOUTH (CATO SPRINGS ROAD) AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 37059'03" WEST 9.81 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF A GRAVEL ROAD KNOWN AS SAID WASHINGTON COUNTY 200 (JUDGE CUMMINGS ROAD), SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 88017'56" WEST 957.47 FEET; NORTH 87005'11" WEST 323.63 FEET; SOUTH 82007'28" WEST 44.99 FEET; NORTH 52016147" WEST 44.69 FEET; NORTH 85051'11" WEST 262.89 FEET; NORTH 86024116" WEST 1240.07 FEET; SOUTH 84041'18" WEST 125.64 FEET; NORTH 83012113" WEST 228.12 FEET; NORTH 86028'14" WEST 616.08 FEET; NORTH 82023'29" WEST 108.38 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67034'09" AND A RADIUS OF 208.61 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 246.01 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 48036'25" WEST 232.00 FEET; THENCE NORTH 17005'30" WEST 66.98 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40052'22" AND A RADIUS OF 213.20 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 152.09 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 37031'41" WEST 148.88 FEET TO THE EASTERLY BOUNDARY OF A PROPERTY DESCRIBED IN INSTRUMENT NUMBER 2005-48123 RECORDED WITH THE CIRCUIT CLERK OF SAID COUNTY, SAID EASTERLY BOUNDARY ALSO BEING THE TERMINUS OF SAID CENTERLINE; THE SIDE LINES OF SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID TERMINUS BOUNDARY. SUBJECT TO A THIRTY FOOT (30') ACCESS EASEMENT AS DECRIBED IN BK. 1439, PG. 647 AND INSTRUMENT NO. 92-046191 BOTH BEING RECORDED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY. ARKANSAS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. TRACT #2B DESCRIPTION: A PART OF THE FRACTIONAL SOUTHWEST QUARTER (SW '%) OF SECTION THIRTY (30); ALSO A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW i/.) OF THE NORTHWEST QUARTER (NW iV) OF SECTION THIRTY-ONE (31); ALL BEING IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN BEING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE 'i/e) OF THE SOUTHWEST QUARTER (SW iV) IN SAID SECTION THIRTY (30) SAID WEST HALF (W %) OF THE NORTHEAST QUARTER (NE Y) IN SECTION THIRTY-ONE 31; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT SOUTH 87015110" EAST 812.32 FEET; THENCE LEAVING SAID NORTHERLY LINE THE FOLLOWING COURSES: SOUTH 42000'05" WEST 459.26 FEET; SOUTH 09010'03" WEST 205.19 FEET; SOUTH 02029'28" WEST 150.44 FEET; SOUTH 03048'33" WEST 256.86 FEET; SOUTH 21048'47" WEST 147.86 FEET; SOUTH 62014123" WEST 144.10 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 05048'45" AND A RADIUS OF 500.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 50.72 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 07054'56" WEST 50.70 FEET; THENCE THE FOLLOWING COURSES: SOUTH 05000'34" WEST 407.82 FEET; NORTH 52054'08" WEST 126.43 FEET, NORTH 59037'54" EAST 51.10 FEET; NORTH 04057'24" EAST 189.85 FEET; NORTH 43007'14" WEST 75.11 FEET; NORTH 11012'21" EAST 186.57 FEET; NORTH 31009'22" WEST 233.16 FEET; NORTH 31009'22" WEST 10.18 FEET; SOUTH 85°14'45" WEST 156.40 FEET; NORTH 68°47'27" WEST 82.18 FEET; NORTH 84030'33" WEST 125.56 FEET; NORTH 66013153" WEST 88.19 FEET; NORTH 36042'18" WEST 37.59 FEET; NORTH 36042118" WEST 93.51 FEET; NORTH 61048'52" WEST 181.49 FEET; SOUTH 78045'57" WEST 173.51 FEET; SOUTH 45034'43" WEST 191.40 FEET; SOUTH 18026154" WEST 128.25 FEET; SOUTH 69°00'04" WEST 151.67 FEET; SOUTH 03°46'38" WEST 198.74 FEET; SOUTH 80°47'20" EAST 163.12 FEET; SOUTH 07001'42" EAST 40.41 FEET; SOUTH 25018'23" WEST 179.24 FEET; SOUTH 73004'21" WEST 80.35 FEET; SOUTH 36°40'58" WEST 132.87 FEET; SOUTH 09009'33" WEST 160.69 FEET; SOUTH 04029'50" EAST 94.14 FEET; SOUTH 30022'45" WEST 35.11 FEET; SOUTH 51°54'24" WEST 142.14 FEET; SOUTH 13029'43" WEST 249.53 FEET; SOUTH 59°18'19" EAST 167.23 FEET; SOUTH 12°14110" EAST 61.68 FEET; SOUTH 33°10'45" WEST 93.12 FEET; SOUTH 03°45'03" EAST 268.24 FEET; NORTH 58°27'31" EAST 245.19 FEET; SOUTH 04°18'51" WEST 150.67 FEET; SOUTH 52°21'44" WEST 384.50 FEET; NORTH 09°29153" WEST 155.53 FEET, SOUTH 82°59'00" WEST 136.94 FEET; NORTH 04052149" WEST 113.12 FEET; NORTH 17048'52" EAST 178.11 FEET; NORTH 45000'58" WEST 126.58 FEET; NORTH 37007'18" WEST 120.86 FEET; NORTH 29°43141" EAST 92.26 FEET; NORTH 05050'07" WEST 152.03 FEET; NORTH 02012158" WEST 248.61 FEET; NORTH 28033'12" EAST 86.25 FEET; NORTH 03033'11" EAST 69.09 FEET; NORTH 46°49'29" WEST 159.23 FEET; NORTH 25°07129" WEST 274.91 FEET; NORTH 04045'59" EAST 193.96 FEET; NORTH 27026182" EAST 126.27 FEET; NORTH 30016'13" EAST 254.00 FEET; NORTH 74009123" EAST 137.05 FEET; SOUTH 86044'15" EAST 330.61 FEET; NORTH 58007'31" EAST 324.29 FEET; SOUTH 87015'10" EAST 402.56 FEET; NORTH 02005'17" EAST 660.00 FEET TO THE NORTHERLY LINE OF THE FRACTIONAL NORTHWEST QUARTER (NW '/) OF THE SOUTHWEST QUARTER (SW V) IN SAID SECTION THIRTY (30); THENCE ALONG THE NORTHERLYL LINE OF SAID TRACT SOUTH 87015'10" EAST 474.17 FEET TO THE POINT OF BEGINNING, CONTAINING 47.813 ACRES MORE OR LESS. SUBJECT TO A THIRTY FOOT (30') ACCESS EASEMENT AS DECRIBED IN BK. 1439, PG. 647 AND INSTRUMENT NO. 92-046191 BOTH BEING RECORDED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. TRACT #6 DESCRIPTION: A PART OF THE NORTHWEST QUARTER (NW '/) OF THE NORTHEAST QUARTER (NE '/) AND A PART OF THE NORTHEAST QUARTER (NE '4) OF THE NORTHWEST QUARTER (NW 'A), ALL BEING IN SECTION THIRTY-SIX (36), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY- ONE (31) WEST, SAID WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER (NW Y) OF THE NORTHEAST QUARTER (NE '/) IN SAID SECTION THIRTY-SIX (36); THENCE ALONG THE SOUTHERLY LINE OF SAID FORTY (40) ACRE TRACT NORTH 87°16'27" WEST 163.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 87016'27" WEST 1180.33 FEET TO A FOUND IRON PIN LOCATED IN THE CENTERLINE OF A GRAVEL ROAD; THENCE ALONG SAID CENTERLINE NORTH 04°02'35" EAST 72.47 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 11019'49" EAST 40.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 51007'26" AND A RADIUS OF 101.22 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG SAID CURVE AN ARC LENGTH OF 90.32 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 24°09'50" WEST 87.35 FEET; THENCE NORTH 48044'10" WEST 34.21 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 42042'03" AND A RADIUS OF 215.87 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG SAID CURVE AN ARC LENGTH OF 160.88 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 67002'42" WEST 157.18 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 89°17'23" WEST 123.09 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 87011'38" WEST 161.28 FEET; THENCE LEAVING SAID CENTERLINE NORTH O1057'34" EAST 1055.60 FEET TO A FOUND IRON PIN; THENCE SOUTH 87031137" EAST 1230.87 FEET TO A FOUND IRON PIN LOCATED ON A BLUFF LINE; THENCE LEAVING SAID BLUFF LINE SOUTH 87031137" EAST 436.24 FEET; THENCE SOUTH O1057134" WEST 1,324.69 FEET TO THE POINT OF BEGINNING CONTAINING 47.749 ACRES, MORE OR LESS. LESS AND EXCEPT TWENTY-NINE AND ONE-HALF FEET (29.5') NORTHERLY AND EASTERLY OF THE CENTERLINE OF ARCHIE WATKINS ROAD (WASHINGTON COUNTY ROAD NO. 265) FOR CITY OF FAYETTEVILLE RIGHT-OF-WAY. LESS AND EXCEPT: ONE SQUARE FOOT AT THE NORTHWESTERN MOST CORNER OF THE 47.749 ACRE TRACT, HEREIN DESCRIBED, BEING CONVEYED TO RICHARD P. ALEXANDER, JOHN NOCK AND J. MITCHELL MASSEY, BY A QUITCLAIM DEED RECORDED APRIL 18, 2006, AS LAND DOCUMENT #2006-15251 AND 2010-26593. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. Water Tank Tract DESCRIPTION: A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW '/) OF THE SOUTHWEST QUARTER (SW iV) 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 '/a) OF THE SOUTHWEST QUARTER (SW iW), SECTION THIRTY (30); THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 87°15'10" WEST 474.17 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE THE FOLLOWING COURSES: SOUTH 02°05'17" WEST 660.00 FEET; NORTH 87°15110" WEST 660.00 feet; NORTH 02005'17" EAST 660.00 FEET TO SAID NORTH LINE OF SAID TRACT; THENCE ALONG SAID NORTH LINE SOUTH 87015'10" 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. Washington County, AR I certify this instrument was filed on 07129/2014 10:15:42 AM and recorded in Real Estate File Number 2014-0 019015 Kyle Sylvester -Cif ui CI k by Jesse Fulcher Submitted By City of Fayetteville Item Review Form 2014-0266 Legistar Fite Number 07/15/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department RZN 14-4731: Rezone (REGIONAL PARK/MT. KESSLER RESERVE, 673): Submitted by CITY STAFF for property located at REGIONAL PARK/MT. KESSLER RESERVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT SOUTHPASS and contains approximately 630 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Does this item have.a cost? Cost of this request Category or Project Budget Program or Project Name Account Number Funds Used to Date Program or Project Category $0.00 Project Number Remaining Balance Fund Name Budgeted Item? Budget Adjustment Attached? Previous Ordinance or Resolution # 1}� V201309 Original Contract Number: EEIiEflEl1 Comments: Gad/ &.t CITY OF ay evi le ARKANSAS MEETING OF JULY 15, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner DATE: June 9, 2014 SUBJECT: RZN 14-4731: Rezone (REGIONAL PARKIMT. KESSLER RESERVE, 673): Submitted by CITY STAFF for property located at REGIONAL PARK/MT. KESSLER RESERVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT SOUTHPASS and contains approximately 630 acres. The request is to rezone the property to P-1, INSTITUTIONAL. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of an ordinance to rezone the property to P-1, Institutional. BACKGROUND: The subject property is located along Cato Springs Road (south Razorback Road) just west of 1- 49/540 and the Fulbright Expressway. The property is a part of the SouthPass Planned Zoning District that was approved in 2008 on approximately 900 acres. The SouthPass development is still an approved project, but ownership of the property has since gone back to Chambers Bank. The 630 acres owned by the City of Fayetteville includes the regional park property deeded to the City as part of the Planned Zoning District approval, a 56 -acre landfill that is currently being remediated by ADEQ, the 328 -acre Mt. Kessler property purchased by the City with a 50/50 matching grant, a 10 -acre site containing municipal water towers, and a 48 -acre parcel deeded by Chambers Bank to be used as a parkland credit for future development. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates this property as a Natural Area, Residential Neighborhood Area, City Neighborhood Area and Civic and Private Open Space Parks. COMPATIBILITY: The 630 -acre parcel is owned by the City of Fayetteville and is intended/required to be used as a community park and preserve. Rezoning the property to Institutional is consistent with the land use plans for this property and consistent with the adopted land use plan. The Institutional zoning district is the district applied to all City parks and natural areas. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On June 9, 2014 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 6-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report GAETCOevelopment Services Review12014\Development Review\144731 RZN Mt. Kessler Regional Park (City of Fayetteville)\04 City Council%07-15-142 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4731, FOR APPROXIMATELY 630 ACRES, LOCATED AT MT. KESSLER REGIONAL PARK FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT SOUTHPASS 08-2898, TO P-1, INSTITUTIONAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R-PZD, Residential Planned Zoning District Southpass 08-2898 to P-1, Institutional as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this day of 2014. APPROVED: ATTEST: -0 LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT 'Al 14-4731 EXHIBIT °B' 14-4731 Landfill Tract DESCRIPTION: A PART OPTHE FRACTIONAL SOUTHWEST QUARTER (SW ',) OF SECTION THIRTY (30); ALSO A PART 0P THE NORTH HALF (N 'z) OF THE NORTHWEST QUARTER (NW '�) OF SECTION THTRTY-ONE (31); ALL BEING IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOT.LOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID FRACTIONAL NORTH HALF (N !-�) OF 'THE NORTHWEST QUARTER (NW '-) OF SECTION THIRTY-ONE (31); THENCE ALONG THE NORTHERLY LINE OF SAID SECTION SOUTH 87036'00" EAST 631.78 FEET TO THE POINT OF BEGINNTNG; 'THENCE THE FOLLOWING COURSES: NORTH 03'45'03" WEST 193.85 FEET; NORTH 33°10'45" FAST 93.12 FEET; NORTH 12014'10" WEST 61.68 FEET; NORTH 59018'19" WEST 167.23 FEET; NORTH 13029'43" EAST 249.53 FEET; NORTH 51054'24" FAST 142.14 FEET; NORTH 30°22'45" EAST 35.11 FEET; NORTH 0429'50" WEST 94.14 FEET; NOR'T'H 09009'33" FAST 160.69 FEET; NORTH 36°40'58" EAST 132.87 FEET; NORTH 73004'21" EAST 80.35 FEET; NORTH 25018'23" EAST 1.79.24 FEET; NORT11 01'01'42" WEST 40.41 FEET; NORTH 80°47'20" WEST 163.12 FEET; NORTH 03046'38" EAST 198.74 FEF T, NOR'T'H 69000'04" EAST 151.67 C'EET; NORTH 18°26'54" EAST 128.25 FEET; NORTH 45',34'43" FAST 191.40 FEET'; NORTH 78°45'57" EAST 173.51 FEET; SOUTH 61°48'52" EAST 181.49 FEFT; SOUTH 36042'18" EAST 131.10 FEET; SOUTH 66013'53" EAST 88.19 FEET; SOUTH 84°30'33" EAST 125.56 FEET; SOUTH 68°47'27" EAST 82.18 FEET; NORTH 85°14'45" EAST 156.40 FEET; SOUTH 31°09'22" EAST 243.34 FF,FT; SOUTH 11°12'21" WEST 186.5'/ FEET; SOUTH 43°07'14" EAST 75.1.1 FFET; SOUTH 04°57'24" WEST 189.85 FEET; SOUTH 59"37'54" WEST 51.10 FEET; SOUTH 5'2°54'08" EAST 200.49 FEET; SOUTH 03°35'25" WEST 509.64 FEET; SOUTH 74'31'17" WEST 211.67 FEET; NORTH 89°22'34" WEST 353.04 FEET; SOUTH 09°22'34" FAST 184.47 FRET; SOUTH 88°40'04" EAST 37.79 F'EE'T; SOUTH 44°S-1'00" EAST 226.52 FFFT; SOUTH O2°36'46" WEST 144.08 FEET; NORTH 87°23'14" WEST 1005.32 FEET; NORTH 04°18'51" EAST 163.80 FEET; SOUTH 58°27'31" WEST 245.19 FEET; NORTH 03°45'03" WEST 74.39 FEET TO THE POTNT OF BEGINNING, CONTAINING 56.510 ACRES, MORE OR LESS. :,ESS AND EXCEPT: THOSE PORTIONS OF WASHINGTON COUN'T'Y ROAD NO. 200 (JUL)CE COMMLNGS ROAD) AFFECTED BY A CITY OF FAYETTEVTLLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED WITH THE CITY CI,RRK HAVING A FIF'T'Y (50) FOOT RIGHT -Oh' -WAY EXTENDING TWFNTY- FIVE (25) h'EET FACE SIDE OF A CENTERLINE, SAID ROAD PORTTON BF.TNG TN PART OF THE NORTHWEST QUARTER (NW '4) OF THE NORTHEAST QUARTER (NE 'a) AND PART OF THE NORTHEAST QUAR'TFR (NE ',) OF THE NORTHWEST QUARTER (NW ',) OF SECTTON THIRTY- ONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S 'a) OF THE SOUTH HALF (S 'r) OF SECTION THTRTY (30), ALT, 1N TOWNSHIP SIX'T'EEN (16) NORTH, RANGE THIRTY (3C) WEST, WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 0), SAID SECTION THIRTY (30); 'THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 87°14132" WEST 8.86 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 265 SOUTH (CATO SPRINGS ROAD) AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 37°59'03" WEST 9.81 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF A GRAVEL ROAD KNOWN AS SAID WASHINGTON COUNTY 200 (JUDGE CUMMINGS ROAD), SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 88°17'56" WEST 957.47 FEET; NORTH 87°05'11" WEST 323.63 FEET; SOUTH 82007128" WEST 44.99 FEET; NORTH 52°16'47" WEST 44.69 FEET; NORTH 85°51'11" WEST 262.89 FEET; NORTH 86°24'16" WEST 1240.07 LEFT; SOUTH 84°41'18" WEST 125.64 FEET; NORTH 83°12113" WEST 228.12 FEET; NORTH B6'28'14" WEST 616.08 FEET; NORTH 82023'29" WEST 108.38 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67034'09" AND A RADIUS OF 208.61 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 246.01 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 48036'25" WEST 232.00 FEET; THENCE NORTH 17°05'30" WEST 66.98 P'EET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40°52'22" AND A RADIUS OF 213.20 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 152.09 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 37031'41" WEST 148.88 FEET TO THE EASTERLY BOUNDARY OF A PROPER'T'Y DESCRIBED IN INS'TRUMEN'T NUMBER 2005-48123 RECORDED WITH THE CIRCUIT CLERK OF SAID COUNTY, SAID EASTERLY BOUNDARY ALSO BEING THE 'TERMINUS OF SAID CENTERLINE; THE SIDE LINES OF' SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID TERMINUS BOUNDARY. SUBJECT TO A THIRTY FOOT (30') ACCESS EASEMENT AS DECRIBED TN RK. 1439, PG. 64'/ AND INS'TRUMEN'T NO. 92-046191 BOTH BEING RECORDED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD TRACT #5 DESCRIPTION: A PART OF THE FRACTIONAL, WEST HALF (W ''-) OF THE SOUTHWEST QUARTER (SW Ia) AND A PART OLTHE SOUTHEAST QUARTER (SF '-) OF THE SOUTHWEST QUARTER (SW 'a), ALL BETNG IN SECTION 'THIRTY (30); AND A PART OP "THE FRACTTONAL NORTHWEST QUARTER (NW 'i) OF SECTION THIRTY-ONE (31); AND A PART OF THE SOUTHEAST QUARTER (SE 'a) OP' SECTION TWENTY-FTVE (25); AND A PART OF THE NORTH HALF (N 'z) OF THE NORTHEAST QUARTER (NE 'a) AND A PART OF THE SOUTHEAST QUAR'T'ER (SE a) OF THE NORTHEAST QUARTER (NE '�) , ALT, BEING IN SEC'T'ION '1'H FRTY-SIX (36) ; ALI. PARTS BEING IN TOWNSHTP SIXTEEN (16) NORTH, RANGE; 'THIRTY-ONE (31) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND ALUMINUM MONUMENT AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUAR'T'ER (SE 1,), SECTION TWEN'T'Y-FIVE (25), 'TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST; THENCE AT,ONG THE EASTERLY LINE OF SAID TRACT SOU'T'H 02°25'51" WEST 36.60 FEET TO A FOUND ALUMINUM MONUMENT AT THE NOR'T'HWEST CORNER OF THE FRACTIONAL SOUTHWEST QUARTER (SW '-�) OF SECTION TH1R'TY (30), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; THENCE, AT,ONG THE NORTH LTNF, OF SAID TRACT SOUTH 87°15'10" FAST 100.17 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 02005'17" WEST 660.00 EENT; THENCE THE FOTJ,OWTNG COURSES: SOUTH 87°15'10" EAST 257.44 FEET; SOUTH 58°07'37" WEST 324.29 FEET; NORTH 86044'15" WEST 330.61 FEET; SOUTH 74°09'23" WEST 137.05 FEET; SOUTH 30°16'13" WEST 254.00 8'EET; SOUTH 27°26'52" WEST 126.27 FEET; SOUTH 04°45'S9" WEST 193.96 FEET; SOUTH 25007'29" EAST 274.91. FEET; SOUTH 46°49'29" EAST 159.23 FEET; SOUTH 03°33'11." WEST 69.09 FEET; SOUTH 28°33'1.2" WEST 86.25 FEET; SOUTH 02012'58" EAST 248.61 FEET; SOUTH 05050'07" EAST 152.03 FEET; SOUTH 29°43'41" WEST 92.26 FEET; SOUTH 37°07'18" EAST 120.86 FEET; SOUTH 4E'00'58" EAST 126.58 FEET; SOUTH 17°48'52" WEST 178.11 FEET; SOUTH 04052'49" EAST 113.12 FEET; NORTH 82°59'00" EAST 136.94 FEET; SOUTH 09°29'53" RAST 155.53 FEET; NORTH 52°21144" EAST 384.50 FEET; SOUTH 04°18'51" WEST 13.13 FEET; SOUTH 87"23'14" EAST 1005.32 FEET; NORTH 02°36'46" EAST 144.08 FEET; NORTH 44°57'00" WEST 226.52 FEET; NORTH 88°40'04" WEST 37.79 FEET; NORTH 09022'34" WEST 184.47 FEET; SOUTH 89°22'34" EAST 237.27 FEET TO THE RFGTNNTNG OF A CURVE TO THE RIGHT HAVING A CENTRAL, ANGLE OF 16011'23" AND A RADIUS OF 453.50; THENCE ALONG SAID CURVE AN ARC LENGTH OF 128.14 FRET AND A CHORD BEARING AND DISTANCE OF SOUTH 49042'24" EAST 127.72 FEET; THENCE SOUTH 41036'42" EAST 109.30 FEET TO THE BF.GTNNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 08020'11" AND A RADIUS OF 453.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 65.98 FEET AND A CHORD REARING AND DISTANCE OF SOUTH 37026'37" EAST 65.92 FEET; THENCE THE FOLLOWING COURSES: SOUTH 33016'32" EAST 59.20 FEET; SOUTH 56°43128" WEST 129.29 FEET; SOUTH 00000'00" EAST 167.54 FRET; NORTH 90°00'00" EAST 176.03 FEET; NORTH 56033'49" EAST 100.55 FEET; THENCE SOUTH 33°16'32" EAST 120.80 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAT, ANGLE OF 16038'06" AND A RADIUS OF 360.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 104.52 FEET AND A CI{ORD BEARING AND DISTANCE OPSOUTH 4103S'35" EAST 104.15 FEET; 'THFNCF SOUTH 49°54'38" FAST 54.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 48°18'27" AND A RADIUS OF 360.00 FRET; THENCE ALONG SAID CURVE AN ARC LENGTH OF' 303.53 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 25'45,241, EAST 294.61 FEET; 'THENCE SOUTH 01°36'10" EAST 48.91. FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 17°44'21" AND A RADTUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OP' 68.11 FEET AND A CHORD BEARING AND DTSTANCE OF SOUTH 10°28'21" EAST 67.84 FEET; THENCE SOUTH 19°20'31" EAST 37.23 FEET TO THE BEGINNING OF A CURVE. TO THE RIGHT HAVING A CENTRAT, ANGLE OF 24059'05" AND A RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC T,FNGTH OF 95.93 FEET AND A CHORD BEARING ANN DISTANCE OF SOUTH 06°50'59" EAST 95.18 FEET; THENCE SOUTH 05038'34" WEST 122.87 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OP' 16°45'3'/" AND A RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 163.81 P'EE'P AND A CHORU BEARING AND DISTANCE OF SOUTH 02°44'14" EAST 163.23 FEET; THENCE SOUTH 11°07'03" EAST 11.62 FEET TO THF, BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAT, ANGLE, OF 46°37'08" AND A RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 455.65 FEET ANN A CHORD BEARING AND DISTANCE OF SOUTH 12°11'31" WEST 443.18 FEET; THENCE SOUTH 35°30'05" WEST 58.56 FERT TO THE BEGTNNTNG OF A CURVE TO THE [.FFT HAVING A CENTRAL ANGLE OE' 45'41'19- AND A RADIUS OF 280.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 223.32 FEET AND A CHORD BEARING AND DISTANCE OL' SOUTH 12°39'11" WEST 217.45 FEET; THENCE SOUTH LO°l1'44" EAST 1.43 FEEL TO THE REGINNING OF A CURVE TO THE LEFT HAVTNG A CENTRAL ANGT,F. OF 71°40'01" AND A RADIUS 01� 120.00 FEET; THENCE ALONG SAID CURVET AN ARC LENGTH OF 150.10 FEET AND A CHORD BEARING AND DISTANCE OF` SOUT11 46"01'45" EAST 140.50 FEET; THENCE SOUTH 81°51'46" EAST 60.59 FEET TO A FOUND IRON PIN; THENCE SOUTH 02°36'50" WEST 111.94 FEET TO A FOUND IRON PIN; THENCE NORTH 87°10'03" WEST 1671.80 FEET TO A FOUND IRON PIN; THENCE SOUTH 02037'31" WEST 651.66 P'EF.T TO THE SOUTHERLY LINE OL' SAID NORTH HALF (N '-z) OF THE FRACTIONAL SECTION THIRTY-ONE (31); THENCE ALONG SAID SOUTHERLY LINE NORTH B7°04'57" WEST 963.78 E'FET TO A FOUND ALUMINUM MONUMENT BEING THE SOUTHWEST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER (NW 'R), SECTION THIRTY-ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE 'THIRTY (30) WEST; THENCE ALONG THE SOUTHERLY LINF OF SATD SOUTHEAST QUARTER (SE .) OF THE NORTHEAST QUARTER (NE ',) OF SECTION 'THIRTY-SIX (36), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONF (31) WEST NORTH 87003'18" WEST 962.79 FEET TO A FOUND IRON PIN; 'THENCE LEAVING SAID SOUTHERLY LINE NORTH 03°06'30" EAST 249.93 FEET TO A FOUND IRON PIN; THENCE NORTH 86°53'02" WEST 350.00 FEET TO A FOUND IRON PIN ON THE WESTERLY LINE OF SAID SOUTHEAST QUARTER (SE 0) OFTHE NORTHEAST QUARTER (NE `-), SECTION THIRTY-STX (36), TOWNSHIP SIXTEEN (16), RANGE THIRTY-ONE (31) WEST; THENCE ALONG SAID WESTERLY LINE NORTH 01°4/'26" EAST 1060.68 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF 'THE NORTHWEST QUARTER (NW 'I) OF THE, NORTHEAST QUARTER (NE %) SAID SECTION THIRTY-SIX (36), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST; THENCE ALONG THE SOUTHERLY LINE; OF' SAID FORTY (40) ACRE TRACT NORTH 87°16'27" WEST 163.05 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 0105/'34" EAST 1324.69 FEET TO THE SOUTHERLY IINE OF THE SOUTHWEST QUARTER (SW ',) OF THE SOUTHEAST QUARTER (SE 'n), SAID SECTION TWENTY-FIVE (25), TOWNSHIP SIXTEEN (16) NORTH, RANGE 'i'H1RTY-ONE (31) WEST; THENCE ALONG SAID SOUTHERLY LINE OF SAID TRACT NORTH 87°31'37" WEST 436.24 FEET TO A FOUND TRON PIN ON A BLUFF LINE; THENCE ALONG SAID BLUFF LINE THE FOLLOWING COURSES: NORTH 17°08'05" EAST 157.76 FEET; NORTH 23°29'30" EAST 127.51 FEET; NORTH 02°25'44" EAST 131.20 FEET; N 3C29'11" WEST 198.42 FEET; NORTH 16°15'45" WEST 180.52 FEET; NORTH 03°00'58" EAST 113.62 FEET; NORTH 14013'54" EAST 202.18 FEET; NORTH 24051'02" WEST 100.73 FEET; NORTH 08°41'17" EAST 110.59 FEET; NORTH 67°53'42" FAST 173.71 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID BLUFF LINE NORTH 8/°18'22" WEST 147.50 FEET TO A FOUND IRON PIN; THENCE NORTH 01°28'04" EAST 659.86 FLET TO A FOUND IRON PIN; 'THENCE SOUTH 87°13'07" EAST 660.25 PERT TO A FOUND IRON PIN ON THE WESTERLY LINE OF A PROPERTY DESCRTBED AS "ADJUSTED TRACT 2" IN INSTRUMENT NO. 2010-26595 AS FILED WITH THE CTRCUIT CLERK OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAiD PROPERTY NORTH O1°27'39" EAST 675.06 TO A BOUND IRON PIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NF 'i) OF THE SOUTHEAST QUARTER (SE IL, _SAID SECTTON TWENTY-FIVE (25), TOWNSHIP SIXTEEN (16) NORTH, RANGE 'i'H1RTY-ONE (31) WEST; THENCE ALONG SAID NORTHERLY LINE OF SAID TRACT SOUTH 87009'38" EAST 1314.52 FEET TO THE POINT OF BEGINNING, CONTAINING 339.811 ACRES, MORE OR LESS. LESS AND EXCEPT: THOSE PORTIONS OC' WASHINGTON COUNTY ROAD NO. 200 (JUDGE CUMMINGS ROAD) AFFECTED BY A CITY OF FAYETTEVILLE ANNEXAION PER ORDINANCE NO. 5190 RECORDED WITH THE CTTY CLERK HAVING A FIFTY (50) FOOT RIGHT-OF-WAY EXTENDING TWENTY- FTVF (25) FRET EACH SIDE OP' A CENTERLINE, SAID ROAD PORTION BEING IN PART OF THE NORTHWEST QUARTER (NW 4) OF THE NORTHEAST QUARTER (NE 0) AND PART OF 'THE NORTHEAST QUARTER (NE 'a) OF THE NORTHWEST QUARTER (NW 'a) OF SECTION THIRTY- ONE (31), AND PART OF THE GRAC'I'IONAT, SOUTH HALF (S z) OF THE SOUTH HALF (S R) OF SECTION THTRTY (30), ALL IN 'TOWNSHIP SIXTEEN (16) NORTH, RANGE 'THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE PARTICULARLY DFSCRiBED AS FOLLOWS: COMMENCING AT THE SOU'THLAST CORNER OF THE SOUTHEAST QUARTER (SE 'a), SAID SECTION THTR'TY (30); THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 87°14'32" WEST 8.86 FRET TO THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 265 SOUTH (CA'TO SPRTNGS ROAD) AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497; THLNCF ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 37°59'03" WEST 9.81 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF A GRAVEL ROAD KNOWN AS SAID WASHINGTON COUNTY 200 (JUDGE CUMMINGS ROAD), SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 88°17'56" WEST 957.47 FEET; NORTH 87°05'11" WEST 323.63 FEET; SOUTH 8200/'28" WEST 44.99 FEET; NORTH 52016'47" WEST 44.69 FEET; NORTH 85°51111" WEST 262.89 FEET; NORTH 86°24'16" WEST 1240.07 FEET; SOUTH 84041'18" WEST 125.64 FEET; NORTH A3°12'13" WEST 228.12 FEET; NOR'T'H 86028'14" WEST 616.08 FEET; NORTH 82023129" WEST 108.38 FEET TO THE BEGINNING OF A CURVE TO 'THE RTGHT HAVING A CENTRAL ANGLE OF 67034'09" AND A RADIUS OF 208.61 L'EET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 246.01 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 48°36'25" WEST 232.00 FEET; THENCE NORTH 17°05'30" WEST 66.98 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40"52'22" AND A RADIUS OF 213.20 FEET; THENCE ALONG SAID CURVY. AN ARC LENGTH OF 152..09 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 37°31'41" WEST 148.88 FEET TO THE EASTERLY BOUNDARY OF A PROPERTY DESCRIBED IN INSTRUMENT NUMBER 2005-48123 RECORDED WITH THE CIRCUIT CLERK OF SAID COUNTY, SAID EASTERLY BOUNDARY ALSO BEING THE TERMINUS OF SAID CENTERLINE; THE SIDE LINES OF SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID 'TERMINUS BOUNDARY. SUBJECT TO A THIRTY FOOT (30') ACCESS EASEMENT AS DECRIBED IN BE. 1439, PG. 647 AND INSTRUMENT NO. 92-046191 BOTH BEING RECORDED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER UR NOT OF RECORD. TRACT #2A DESCRIPTION: A PART OF THE SOUTH HALF (S '2) OF THE SOUTHEAST QUARTER (SE ',) AND A PART OF THE SOUTHEAST QUARTER (SE ',) OF THE SOUTHWEST QUARTER (SW 4), ALL BEING 1N SECTION THTRTY (30), 'TOWNSHIP SIXTEEN (16) NORTH, RANGE 'THIR'TY (30) WEST; AND A PART OLTHE WEST HALF (W '4) OF THE NORTHEAST QUARTER (NE �) AND A PART OF THE EAST HALF (F,'2) OF THE NORTHWEST QUARTER (NW '4), ALL BEING IN SECTION THIRTY-ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; ALL BEING IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POUND ALUMINUM MONUMENT 13EINC THE NORTHEAST CORNER OF SAID WEST HALF (W ?E) OF THE NORTHEAST QUARTER (NE ',) IN SECTION THIRTY-ONE 31; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT NORTH 87014'32" WEST 61.42 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 03°21'43' WEST 676.13 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 18°)8'29" AND A RADIUS Oh' 800.00 FEET; THENCE ALONG SAID CURVE AN ARC T,ENGTH OF 2641.94 FEET AND A CHORD BEARING AND DISTANCE OF SOU'T'H 12°50'58" WEST 263.73 FLET; 'THENCE SOUTH 22°20'12" WEST 97.52 FLET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGT,E OF 22°10'26" AND A RADIUS OF 800.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 309.60 FEET AND A CHORD REARTNG AND DISTANCE OF SOUTH 33°25125" WEST 307.68 FEET; THENCE SOUTH 33°27'47" WEST 568.11 FEET; THENCE SOU'T'H 11038'12" WEST 854.59 FEET TO THE SOU'T'HERLY LINE OF SAID WEST HAIL' (W 'h) OF THE NORTHEAST QUARTI,1R (NE ',) IN SECTION THIRTY-ONE (31); 'THENCE ALONG SAID SOUTHERLY LINE OF SAID TRACT NORTH 87°21'46' WEST 611.22 FEET TO A FOUND IRON PIN BFING THE SOUTHEAST CORNER Oh' SAID EAST HALF (E, ''h) OF THE NORTHWEST QUAR'T'ER (NW ',) IN SECTION T'HTRTY-ONE (31); THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT NORTH 8.1004'57" WEST 423.66 FEET TO FOUND IRON PIPE; THENCE LEAVING SAID SOUTHERLY LINE NORTH 02°36'50" EAST 766.09 FEET; THENCE NORTH 81051'46" WEST 60.59 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 71040'01" AND A RADTUS OF 120.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 150.10 F'EE'T AND A CHORD BEARING AND DISTANCE OF' NORTH 46°01'45" WEST 140.SO FEET; 'THENCE NORTH 10011'44" WEST 1.43 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVTNG A DELTA ANGLE OF 45°41'49" AND A RADIUS OF 280.00 LEFT; THENCE ALONG SAID CURVE AN ARC LENGTH OF 223.32 FEET AND A CHORD BEARING AND D1S'TANCE OF NORTH 12°39'11" EAST 217.45 FEET; THENCE NORTH 35°30'05" EAST 58.56 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DET.TA ANGLE OF 46°37'08" AND A RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 455.65 FEET AND A CHORD BEARING AND DTSTANCE OF NORTH 12011'31" EAST 443.18 FEET; THENCE NORTH 11.°07'03" WEST 17.62 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 16°45'37" AND A RADIUS OF 560.00 FEET; ''HENCE ALONG SAID CURVE AN ARC LENGTH OF 163.81 AND A CHORD BEARING AND DISTANCE OF NORTH 02°44'14" WEST 163.23 FEET; THENCE NORTH O5038'34" EAST 122.87 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 24059'05" AND A RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC: LENGTH OF 95.93 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 06050'59" WEST 95.18 FEET; THENCE NORTH 19°20'31" WEST 37.23 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 17°44'21" AND A RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 68.11 FEET AND A CHORD BEARING AND DTSTANCE. OF NORTH 10°28'21" WEST 67.84 FEET; THENCE NORTH O1°36'10" WEST 48.91 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 48°18'27", AND A RADIUS OF 360.00 FEET; THENCE ALONG SAID CURVE AN ARC LENG'T'H OF 303.53 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 25°45'24" WEST 294.61 FEET; THENCE NORTH 49°54'38" WEST 54.78 FEF.'T TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 16°38'06" AND A RADIUS OF 360.00 F'EE'T; THENCE ALONG SAID CURVE AN ARC LENGTH OF' 104.52 P'EE'P AND A CHORD BEARING AND DISTANCE OF NOR'T'H 41°35'35" WEST 104.15 FRET; '''HENCE THE FOLLOWING COURSES: NOR'T'H 33°16'32" WEST 120.80 FEET; SOU'T'H 56°33'49" WEST 100.55 FEET; NORTH 90000'00" WEST 176.03 FEET; NORTH 00°00'00" WEST 167.54 FEET; NORTH 56043'28" EAST 129.29 FEET; NORTH 33°16'32" WEST 59.20 FEET TO THE HEGTNNTNG OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF O8°20'11" AND A RADIUS OF 453.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 65.98 FEET AND A CHORD BEARING AND DTSTANCE OF NORTH 37°26'37" WEST 65.92 FEET; THENCE NORTH 41°36'42" WEST 109.30 FEET TO THE BEGTNNTNG OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°11'23" AND A RADIUS OF, 4513.50 FEET; THENCE AT,ONG SAID CURVE AN ARC LENGTH OF 128.14 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 49°42'24" WEST 127.72 FEET; THENCE THE FOLLOWING COURSES: SOUTH 89°22'34" EAST 115.78 FEET; NOR'T'H 74°31'17" EAST 211.67 FEET; NORTH 03°35'25' EAST 218.78 FEET; SOU'T'H 84°56'38" EAST 197.11 FEET TO THE BFGTNNING OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE; OF 04°26'16" AND A RADIUS OF' 250.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 19.36 FEET AND A CHORD BEARING AND DTSTANCE OF SOUTH 80022'58" FAST 19.36 FRET TO THE BEGTNNING OF A COMPOUND CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 17°53'56" AND A RADIUS OF 250.00 FEET; THENCE ALONG SAID COMPOUND CURVE AN ARC LENG'T'H OF 78.10 FEET AND A CHORD REARING AND DTSTANCE OF SOUTH 69°12'57" EAST 77.78 FEET; THENCE SOUTH 60°23116" EAST 265.82 FF.ET TO 'THE BEGINNING OF A CURVE, TO THE LEFT HAVING A DELTA ANGLE OF' 26°43'18" AND A RADIUS OF 195.85 FEET, THENCE ALONG SAID CURVE AN ARC LENGTH OF 91.34 FEEL' AND A CHORD BEARING AND DISTANCE OF SOU'T'H W33'39" EAST 90.51 FEET; '11IENCE SOUTH 84°59'26" EAST 1,095.13 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 29°28'57" AND A RADIUS OF 250.14 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 128.Y2 AND A CHORD BEARING AND DISTANCE OF NORTH 80°45'28" EAST 127.30 FEET; 'THLNCE NORTH 66°00'45" FAST 470.23 FEET TO THE BEGTNNTNG OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 05°46'15" AND A RADIUS OF 923.88 FEET; THENCE ALONG SAID CURVE. AN ARC LENGTH OF 93.05 FEET, AND A CHORD HEARING AND DISTANCE OF NORTH 64°34'44" EAST 93.01 FEET TO THE BEGINNING OF A COMPOUND CURVE TO THE LEFT HAVING A DELTA ANGLE OF 12°00'08" AND A RADIUS OF 301.46 FEET; THENCE ALONG SAID COMPOUND CURVE AN ARC LENGTH OF 63.15 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 52°42'04" EAST 63.03 FF'.FT; THENCE THE FOLLOWING COURSES: SOUTH 51°58'39" EAST 587.96 FEET; SOUTH 38°01'21" WEST 50.50 FEET; SOUTH 21°05'39" WEST 293.94 FEET; NORTH 87000'27" WEST 55.82 FEET; SOUTH 02°57'37" WEST 115.76 FEET TO THE SOUTHERLY LINE OF, SAID SOUTH HALF (S 'I) OF THE SOUTHEAST QUARTER (SE 'n) IN SECTION THIRTY (30); THENCE ALONG SAID SOUTHERLY LINE NORTH 87°14'32" WEST 412.43 FEET TO THE POINT OF BEGINNING, CONTAINING 127.850 ACRES, MORE OR LESS. LESS AND EXCEPT, THE FOLLOWING: THOSE PORTIONS OF WASHINGTON COUNTY ROAD NO. 201 (KFSSLER MOUNTATN ROAD) AFFECTED BY A CITY OF FAYETTEVILLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED WITH THE CITY CLERK,SAID ROAD HAVING A FIFTY (50) FOOT RIGHT-OF-WAY EXTENDING TWENTY-FIVE (25) FEET EACH SIDE OF A CENTERLTNE, SAID ROAD PORTION BEING IN PART OPTHE NORTHWEST QUARTER (NW 'n) OF THE SOUTHEAST QUARTER (SE 0), AND A PART OF THE SOUTHWEST QUARTER (SW ',) OF 'CITE NORTHEAST QUAR'T'ER (NE AND A PART OF THE SOUTHEAST QUARTER (SE ',) OF THE NORTHWEST QUARTER (NW '•,), ALL IN SECTION 'THIRTY-ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE PARTICULARLY DESCRIBED AS FOI,LOWS: COMMENCING AT THE NORTHEAST CORNER OL' SAID NORTHWEST QUARTER (NW ,) OF THE SOUTHEAST QUARTER (SE ',) OF SAID SECTION THIRTY-ONE (31); THENCE ALONG 'THE NORTH LTNE OF SAID FORTY (40) ACRE TRACT NORTH H6°59'53" WEST 272.18 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 03°00'07" WEST 323.15 FEET TO THE INTERSEC'T'ION OF THE CENTERLTNEI OF THE EXISTING GRAVEL ROAD KNOWN AS SAID WASHINGTON COUNTY ROAD NO. 201 (KESSLER MOUNTAIN ROAD) AND THE WESTERLY RIGHT-OF-WAY LINE OF S'T'ATE HIGHWAY NO. 265 SOUTH (CATO SPRINGS ROAD) AS PER ARKANSAS STA'T'E HIGHWAY COMMTSSEON JOB NO. 9497, SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCF, ALONG SAID CENTFRT�TNE NORTH 55°07'55" WEST 117.33 FEET; THENCE NORTH 55°26'23" WEST 322.19 FEET TO THE BEGINNING OF A CURVE TO Tf1E LEFT HAVING A CENTRAL ANGLE OF 33°59'51" AND A RADIUS 01' 506.82 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 300.73 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 71°32'59" WEST 296.34 FEET; THENCE NORTH 87°06'47" WEST 311.95 FEET; THENCE NOR'T'H 86055'45" WEST 1868.91 FEET TO THE. TERMINUS OF SAID CENTERLINE, MORE OR LESS, AFFECTED BY SAID ANNEXATION; THE SIDE LINES OF SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID TERMINUS BOUNDARY. LESS AND EXCEPT: THOSE PORTIONS OF WASHINGTON COUNTY ROAD NO. 200 (JUDGE CUMMINGS ROAD) AFE'ECTED BY A CITY Oh' FAYETTEVILLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED WITH THE CITY CLERK HAVTNG A FIFTY (SO) FOOT RTGHT-OF-WAY EXTENDING TWENTY- FIVE (25) FEET EACH SIDE OP' A CFNTFRLTNE, SAID ROAD PORTION BEING IN PART OG THE NORTHWEST QUARTER (NW ',) OF THE NORTHEAST QUARTER (NE ',) AND PART OF THE NORTHEAST QUARTER (NE 4) Oh' THE NORTHWEST QUARTER (NW ',) OF SECTION THTRTY- ONE (31), AND C'AR'T OF THE CRAC'ITONAT, SOUTH HALF (S '-s) OF THE SOUTH HALF (S '-s) OF SF.CTTON THIRTY (30), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUN'T'Y, ARKANSAS, SAID CENTERLTNE OF SAID ROAD BEING MORF PAR'T'ICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE ',), SAID SECTION THIRTY (30); THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 87014'32" WEST 8.86 FEET TO THE WES'T'ERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY N0. 265 SOUTH (CATO SPRINGS ROAD) AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 37°59'03" WEST 9.81 FEET TO ITS INTERSECTTON WITH THE CENTERLINE OF A GRAVEL ROAD KNOWN AS SAID WASHINGTON COUNTY 200 (JUDGE CUMMINGS ROAD), SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 88°17'56" WEST 957.47 FEET; NORTH 87005'11" WEST 323.63 FEET; SOU'T'H 82007'28" WEST 44.99 FEET; NORTH 52016'47" WEST 44.69 FEET; NORTH 85051'11" WEST 262.89 FEET; NORTH 86°24'16" WEST 1240.07 FEET; SOUTH 84°41'18" WEST 125.64 FEET; NORTH 83°12'13" WEST 228.12 FEET; NORTH 86028'14" WEST 616.08 FEET; NORTH 82°23'29" WEST 108.38 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67°34'09" AND A RADIUS OF 208.61 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 246.01 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 48°36'25" WEST 2.32.00 FEET; 'THENCE NORTH 17°05'30" WEST 66.98 FEET TO THE BEGINNTNG OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40052'22" AND A RADIUS OF 213.20 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 152.09 FEET AND A CHORD REARING AND DISTANCE OF NORTH 37°31'41" WEST 148.88 FEET TO THE EASTERLY BOUNDARY OF A PROPERTY DESCRIBED IN INSTRUMENT NUMBER 2005-48123 RECORDED WITH THE CIRCUIT CLERK OF SAID COUNTY, SAID EASTERLY BOUNDARY ALSO BEING THE TERMINUS OF SAID CENTERLINE; THE SIDE LTNES OF SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID TERMINUS BOUNDARY. SUBJECT TO A THIR'T'Y FOOT (30') ACCESS EASEMENT AS DECRTBED IN BE. 1439, PG. 647 AND INSTRUMENT NO. 92-046191 BOTH BEING RECORDED WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. TRACT #2B DESCRIPTION: A PARI' OF THE FRAC1'IONAT, SOUTHWEST QUARTER (SW i) OF SECTION THIRTY (30); ALSO A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW '<) OF THE NORTHWEST QUARTER (NW ',) OF SECTION THIRTY-ONE (31); ALL RRTNG IN TOWNSHIP SIXTFFN (16) NORTH, RANGE THIRTY (30) WEST, WASHING'T'ON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN BEING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE `L,) OF THE SOUTHWEST QUARTER (SW D) IN SAID SECTION 'THIRTY (30) SATD WEST HALF (W 'z) OF THE NORTHEAST QUARTER (NE ,) IN SECTION THIRTY-ONE 31; 'THENCE ALONG THE NORTHERLY LINE 01SAID 'TRACT SOUTH 87°15'10" EAST 812.32 ED ET; 'THENCE LEAVING SAID NORTHERLY LINE 'THE FOLLOWING COURSES: SOUTH 42°00'05" WEST 459.26 1'FFT; SOUTH 09°10'03" WEST 205.19 FELT; SOUTH 02°29'28" WEST 150.44 h'ELT; SOUTH 03°48133" WEST 256.86 FEET; SOUTH 21°48'47" WEST 147.86 FEET; SOUTH 62014'23" WEST 144.10 BELTTO TILE BEGINNING OF A CURVFI TO THE RTCHT HAVING A DELTA ANGLE OF 05°48'45" AND A RADIUS OF 500.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 50./2 FF,FT AND A CHORD BEARING AND DISTANCE OB' SOUTH 0/°54'56" WEST 50.70 FEET; THENCE THE B'OI,i3OWING COURSES: SOUTH 05"00'34" WEST 407.82 FEET; NORTH 52°54'08" WEST 126.43 B'EE'P; NORTH 59°37'54" EAST 51.10 FEET; NORTH 04°57'24" EAST 189.85 FEET,- NORTH EET;NORTH 43°0/'14" WEST 75.11 1'EET; NORTH 11°12.'21" EAST 186.57 FEET; NORTH 31°09'22" WEST 233.16 FEET; NORTH 31°09'22" WEST 10.18 FEET; SOUTH 85014'45" WEST 156.40 FEET; NORTH 68047'27" WEST 82.18 FEET; NORTH 84°30'33" WEST 125.56 FEET; NORTH 66°13'53" WEST 88.19 FEET; NORTH 36°42'18" WEST 37.59 FEET; NORTH 36°42'18" WEST 93.51 FEET; NORTH 61048'52" WEST 181.49 FEET; SOUTH 78045'57" WEST 173.51 FEET; SOUTH 45°34'43" WEST 191.40 FEET; SOUTH 18°26'54" WEST 128.25 FEET; SOUTH 69000'04" WEST 151.67 FEET; SOUTH 03°46'38" WEST 198.14 FEET; SOUTH 80°47'20" EAST 1.63.12 FEET; SOUTH 07°01'42" EAST 40.41 FEET; SOUTH 25°18'23" WEST 179.24 FEET; SOUTH 73°04'21" WEST 80.35 FEET; SOUTH 36°40'58" WEST 132.87 FEET; SOUTH 09°09'33" WEST 160.69 FEET; SOUTH 04029'50" EAST 94.14 FEET; SOUTH 30022'45" WEST 35.11 FEET; SOUTH b7°54'24" WEST 142.14 FEET; SOUTH 13°29'43" WEST 249.53 FEET; SOUTH 59°18'19" EAST 167.23 FEET; SOUTH 12014'10" EAST 61.68 FEET; SOUTH 33010'45" WEST 93.12 FEET; SOUTH 03045'03" EAST 268.24 FEET; NORTH 58°27'31" EAST 245.19 FEET; SOUTH 04°18'51" WEST 150.67 FEET; SOUTH S2°21'44" WEST 384.50 FEET; NORTH 09°29'53" WEST 155.53 FEET; SOUTH 82059'00" WEST 136.94 FEET; NORTH 04052'49" WEST 113.12 h'EET; NORTH 17048'52" EAST 178.11 FEET; NORTH 45000'58" WEST 126.58 FEET; NORTH 37°07'18" WEST 120.86 FEET; NORTH 29°43'41" EAST 92.26 FEET; NORTH 05°50'07" WEST 152.03 FEET; NORTH 02°12'58" WEST 248.61 FEET; NORTH 28033'12" 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°45'519" EAST 193.96 FEET; NORTH 27°26'52" EAST 126.27 FEET; NORTH 30°16'13" EAST 254.00 FEET; NOR'T'H 74009'23" EAST 137.05 FEET; SOUTH 86044'15" EAST 330.61 FEET; NORTH 58007'31" EAST 324.29 FEET; SOUTH 81°15'10" EAST 402.56 FEET; NORTH 02°05'17" EAST 660.00 FEET TO THE NORTHERLY LINE OF THE FRACTIONAL NORTHWEST QUARTER (NW n) OF THE SOUTHWEST QUARTER (SW '-) 1N SAID SECTION THIRTY (30); THENCE ALONG THE NORTHERLYL LINE OF SATD TRACT SOUTH 87015'10" EAST 474.17 FEET TO THE POINT OF BEGINNING, CONTAINING 47.813 ACRES MORE OR LESS. SUBJECT TO A THIRTY FOOT (30') ACCESS EASEMENT AS DECRTRED IN BK. 1439, PG. 647 AND TNSTRUMENT NO. 92-046191 BOTH BEING RECORDED WTTH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR LASEM]NTS WHETHER OR NOT OF RECORD. TRACT #6 DESCRIPTION: A PART OF THE NORTHWEST QUARTER (NW a) OF THE NORTHEAST QUARTER (NE Ia) AND A PART OF THE NORTHEAST QUARTER (NE ,) OF THE NORTHWEST QUARTER (NW I,), ALL BF'.ING TN SECTION THTR'1'Y-SIX (36), 'TOWNSHIP STXTF,FN (16) NORTH, RANGE THTR'1'Y- ONE (31) WEST, SATD WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE SOUTHEAST CORNER OhSAID NORTHWEST QUARTER (NW 'a) OF THE NORTHEAST QUARTER (NE 'a) IN SAID SECTION THIRTY-SIX (36); THENCE ALONG TIN: SOUTHERLY LTNE OF SAID FORTY (40) ACRE 'TRAC'T NORTH 87°16'27" WEST 163.05 FEET TO THE POINT OF RF.GTNNTNG; THENCE CONTINUTNC ALONG SATD SOUTHERLY LTNE NORTH 87°16'27" WEST 1180.33 FEET TO A FOUND IRON PTN LOCATED IN THE CENTERLINE OF A GRAVEL ROAD; 'THENCE ALONG SAID CEN'1'ERLINE NORTH 04002'35" FAST 72.47 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 11°19'49" EAST 40.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 51007'26" AND A RADIUS OF 101.22 FEET; THENCE CONTINUING ALONG SAID CENTERLTNE ALONG SAID CURVE AN ARC LENGTH OF 90.32 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 24009'50" WEST 87.35 FEET; THENCE NORTH 48°44'10" WEST 34.21 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 42042103" AND A RADIUS OF 215.87 FEET; THENCE CONTTNUING ALONG SAID CENTERLINE ALONG SAID CURVE AN ARC LENGTH OF 160.88 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 67°02'42" WEST 157.18 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 89017'23" WEST 123.09 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 87011'38" WEST 161.28 FEET; THENCE LEAVING SAID CENTERLINE NORTH O1°57'34" EAST 1055.60 FEET 'TO A FOUND IRON PIN; 'THENCE SOUTH 87°31'37" EAST 1230.87 FEET TO A FOUND IRON PIN LOCATED ON A BLUFF' LINE; THENCE LEAVTNG SAID BLUFF LINE SOUTH 87°31'37" EAST 436.24 FEET; THENCE SOUTH O1°57134" WEST 1,324.69 FEET TO THE POINT OF BEGTNNING CONTAINING 47.749 ACRES, MORE OR LESS. LESS AND EXCEPT TWENTY-NINE AND ONE-HALF FEET (29.5') NORTHERLY AND EASTERLY OF THE CENTERLINE OF ARCHIE WATKINS ROAD (WASHINGTON COUNTY ROAD NO. 265) FOR CITY OF FAYETTEVILLE RIGHT-OF-WAY. LESS AND EXCEPT: ONE SQUARE FOOT AT THE NORTHWESTERN MOST CORNER OF THE 47.749 ACRE TRACT, HEREIN DESCRIBED, BEING CONVEYED TO RICHARD P. ALEXANDER, JOAN NOCK AND J. MITCHELL MASSEY, BY A QUITCLAIM DEED RECORDED APRIL 18, 2006, AS LAND DOCUMENT #2006-15251 AND 2010-26593. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD Water Tank Tract DESCRIPTION: A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW '�) OF THE SOUTHWEST QUARTER (SW n) OF SECTION THIRTY (30), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS h'OLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER (NW 14) OF THE SOUTHWEST QUARTER (SW '/I), SECTION THIRTY (30); THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 87°15'10" WEST 474.17 FEET TO THE POINT OF BEGINNING; TLLENCR LEAVING SAID NORTH LTNE THE FOLLOWING COURSES: SOUTH 02°05'17" 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 87015'10" EAST 660.00 FEET TO THE POINT OF BEGINNING, CONTAINING 10.00 ACRES, MORE OR LESS. SUBJECT TO ANY OTHER RTGH'TS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. CITY OF 10 a e ev1 le ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director Jesse Fulcher, Senior Planner jure 9, 2014 Updated June 11, 2014 SUBJECT: RZN 14-4731: Rezone (REGIONAL PARK/MT. KESSLER RESERVE, 673): Submitted by CITY STAFF for property located at MT. KESSLER PARK. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT SOUTHPASS 08-2898 and contains approximately 630 acres. The request is to rezone the property to P-1, INSTITUTIONAL. RECOMMENDATION: Staff recommends forwarding RZN 14-4731 to the City Council with a recommendation for approval. BACKGROUND: The subject property is located along Cato Springs Road (south Razorback Road) just west of 1- 540 and the Fulbright Expressway. The property is a part of the SouthPass Planned Zoning District that was approved in 2008 on approximately 900 acres. The SouthPass development is still an approved project, but the property has since gone back to Chambers Bank. The 630 acres owned by the City of Fayetteville includes the 200 -acre regional park property deeded to the City as part of the Planned Zoning District approval, a 56 -acre capped landfill, the 328 -acre Mt. Kessler property purchased by the City with a 50/50 matching grant, and a 48 -acre parcel deeded by Chambers Bank to be used as a parkland credit for future development. Surrounding land use and zoning is depicted on Table 1. Table 1 Surroundina Land Use and Zonina Direction from Site Land Use Zoning North Single-family residential Washington County South Single-family residential Washington County East Single-family residential Washington County, R -A Residential Agricultural West Single-family residential Washington County Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Request: The request is to rezone 630 acres of R-PZD 08-2898 SouthPass Development to P-1, Institutional. Public Comment., Staff has not received public comment. PLANNING COMMISSION ACTION: Required Date: June 9. 2014 O Tabled 4 Forwarded O Denied Motion: Winston Second: Chesser Vote: 6-0-0 CITY COUNCIL ACTION: Required Date: July 1, 2014 O Approved O Denied INFRASTRUCTURE: Streets: The site has access to Judge Cummings Road, an unimproved gravel road. The site also has access to Archie Watkins Road, an unimproved dirt road. Roadway improvements will be determined at the time of development. Water: Public water is accessible to the site. A 2" water main exists on Archie Watkins Road. The property encompasses two city water storage tanks with a 30" outlet line. The feasibility to connect to this line will be determined by the Water Department. Sewer: No public sanitary sewer is available to the site. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property is affected by the 100 -year floodplain and the Streamside Protection Ordinance. Fire: This development will be protected by Engine 6 located at 900 S. Hollywood. It is 3.1 miles from the station with an anticipated response time of 7 minutes to the beginning of the development. The Fayetteville Fire Department feels this development will have a moderate effect on calls for service and response times. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates this property as a Natural Area, Residential Neighborhood Area, City Neighborhood Area and Civic and Private Open Space Parks. G:\ETC\Development Services Review\2014\Development Review\14-4731 RZN (SouthPass/City of Fayetteville)\09 Planning Commission\06-09- 2014\Comments and Redlines\14-4731 PLNG Comment FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The 630 -acre parcel is owned by the City of Fayetteville and is intended/required to be used as a community park and preserve. Rezoning the property to Institutional is the consistent with the land use plans for this property and consistent with the adopted land use plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The zoning is justified, since the property has been recently deeded to the City of Fayetteville. The Institutional zoning district is the district applied to all City parks and natural areas. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to Institutional will not appreciably increase traffic danger or congestion. The development of a regional park will increase traffic in the area. However, plans for the regional park were approved with the original PZD in 2008, so this request won't increase traffic congestion beyond the existing zoning. This request is to have the City owned park land and preserve area within a standard zoning district consistent with all other park property. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, -and sewer facilities. Finding: The proposed zoning will decrease population density, since much of the land was intended to be developed with housing as part of the South Pass proposal. The regional park will still be developed, but the remainder of the property is mostly within the Mount Kessler preserve and will not be developed. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A GAETC\Development Services Review120140evelopment Review\14-4731 RZN (SouthPass/City of Fayetteville)\09 Planning Commission\06-09- 2014\Comments and Redlines\14-4731 PLNG Comment BUDGET/STAFF IMPACT: None ATTACHMENTS: • Proposed zoning criteria • Fire Department comments • Applicant's letter • Planned Zoning District materials • Rezoning exhibit/survey • Maps G1ETC\Development Services Review\2014\Development Review\14-4731 RZN (SouthPass/City of Fayetteville)\09 Planning CommissionM-09- 2014\Comments and Redlines\14-4731 PLNG Comment TITLE XV UNIFIED DEVELOPMENT CODE 161.29 District P-1, Institutional (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public institutions and church related organizations. (B) Uses. (1) Permitted uses. Unit 1 Cit -wide uses b right Unit 4 Cultural and recreational facilities 11 Unit Government facilities (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 30 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side 20 ft. Side, when contiguous to a residential district 25 ft. Rear 25 ft. Rear, from center line of public alley 10 ft. (F) Height regulations. There shall be no maximum height limits in P-1 Districts, provided, however, that any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 60 % of the total area of such lot. (Code 1965, App. A., Art. 5(XI); Ord. No. 2603; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29- 70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex. A), 6-16- 98; Ord. No. 4178, 8-31-99; Ord. 5073, 11-06-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10) CD161:25 Zoning Review To: Jesse Fulcher From: Will Beeks Date: May 8, 2014 Re: RZN 14-4731 THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT fw..wi 303 West Center Street Fayetteville, AR 72701 P (479) 575-8365 F (479) 575-0471 This development will be protected by Engine 6 located at 900 S Hollywood Ave. It is 3.1 miles from the station with an anticipated response time of 7 minutes to the beginning of the development. The Fayetteville Fire Department feels this development will have a moderate effect on our calls for service or our response times. If you have any questions please feel free to contact me. Will Beeks Assistant Fire Marshal Fayetteville Fire Department Tel Ice mmunications Device for the Deaf TUD(479!521-1316 113 West Mountain- Fayetteville, AR 727(11 CITY OF ay evi le Y ARKANSAS April 30, 2014 Craig Honchell, Chair Fayetteville Planning Commission City of Fayetteville, Arkansas 113 W. Mountain St. Fayetteville AR 77201 Re: Rezone Request- Fayetteville Regional Park Dear Planning Commission Chair, 'Irliiii�lrl Please accept this letter as a formal request to rezone the Regional Park property located at 2600 W. Judge Cummings Rd. from R-PZD, Residential Planned Zoning District, to P-1, Institutional. The property is currently owned by the City of Fayetteville and is part of the land formerly known as Southpass. The development plan for the area was created and established in 2006 including a mix of uses, centered around a 200 acre regional park. The development climate has significantly changed since that time and a development timeframe for the surrounding area is not known. This rezoning request is a continued effort to standardize the zoning of park properties throughout the City as well as to place the land in a more appropriate zoning for park development. The zoning allows cultural and recreational facilities as permitted uses and is the zoning that is best suited for park property as it is designed to protect and facilitate use of property owned by larger public institutions. The city is currently contracted with a consultant to finalize the master plan for the park which includes soccer, baseball and softball fields, volleyball, basketball and tennis courts, as well as playgrounds, pavilions, trails, an amphitheater, great lawn, parks office and maintenance facility and associated parking. Additionally, a large scale development for phase one of the park is anticipated to be submitted in July. Phase one of the park will include soccer, baseball, the great lawn, a pavilion and associated restrooms and parking. Water will be available via a 24" line from the City of Fayetteville water tanks located at the top of Judge Cummings Rd. Sewer is not currently available and the City is planning for an onsite sewer package plant. The proposed zoning is consistent with the Future Land Use Map and will allow for civic park and recreational space. It is not anticipated that P-1, Institutional zoning will create appreciably more traffic danger or congestion. The current R-PZD zoning established a planning area for the park, effectively keeping the use the same. Mailing Address: PARKS & RECREATION 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A property line adjustment has been submitted for the property and will affect the parcel numbers. Final parcel numbers and deeds will be provided once the property line adjustment has been filed. Kindest Regards, Alison Jumper Park Planning Superintendent w1.<4 Iq '3 S � Y n� p? r 3 mrd _ ' r] 33 3 ^ w ' y t 9A 5R� e ' m = e �e,� - � "E€ � � „_ a=• -frs Viz;:`- a : :; R E eA A 9 &°'c_ sxY x. �W ew y • `� w D t 4 g ; S ns=ei �•in e �Mz.c= �3yie£uMn W, B.F 8 C �a a aq °S°s" SSR � S C3Egg C.y m mil- axs 8 _ _ s 3a Kg's a : e o Y rR t N C _NWNi 5 _ R6 c c� iF SRF :� `g �33 .1 rair "MIMMAJI&I, W-�f Im -P -Tc ��%��\�\\�±\Rzy�� ` \\_ƒ�# ■ \ \ / ■ \ \ 3-o,- {\\\ \\\\\ /I\!ƒ\\\ ƒ\ rn oz /2 `��k �� W-�f Im -P -Tc ��%��\�\\�±\Rzy�� ` \\_ƒ�# ■ \ \ / ■ \ \ 3-o,- {\\\ \\\\\ /I\!ƒ\\\ ƒ\ rn oz r—�_ _.L — _ -- _ _ sler and ville Area /7 Legend - Cname m Bank .6 , O Faye¢emlle _ Proposed T,a CaSe"m 0 6501300 2.600 3.900 5200. 8500 Feet j .. .wo[c eo g� wtFoneao Ch WM Bank COF I COF w Ch.bm ? -.-__.-_ -- 15.880Awa H- 20.05344ee H' JCOFwo"M19" zz Ckamb[h 8enk bCOF '� COF to Ch.m ,. a]T49Aoe0as�- Ba%ad wF Peh M Cmdlt _ 25 Fool NAtle 1 I T-0 EesM C 2 122 Avos a!- J000[CulYap[kp '� ? Ropianal Pvk _____________ � Lone W¢noae'dRBAuss H• •;� IYowi Lentl Afgm[+tla9375618 Anes •/- 7n C"mboO -Sank to COF 2O,B9a Aues •I- 4[aalEq — 1.m 0Weo.1i.. � w.Fseea na, eaxmem �.r- — wona.a a.a. 0 M5 450 SW 1,350 .m 2150� F.m Mt. Kesslerl Regional Park =[m,��, art 5au lfd lle y`� I Land Owned by CNAMBBRSSANK Lend Owned by CITY OF FAY£TTEVILLE ------------- i 5 � /fr lannbmletlby �. I � CHAMBERS BANK Legentl 1 � � / i . cnv a+rena.wn -.. _ . _ . 7 231 J50 9M>50 �.dOD xx'F.td Mt. Kessler) Regional Park raeNan xa, m,a i 1 1..m pan•^ • _ RRRd 4e � 4 pII •Y 1. ',li ifl :rIF� a Y;vvIr I if] ��(; Y•'rfll � d d 1..m pan•^ • _ RRRd 4e � 4 pII •Y 9 sA CM Ia �� iENGINEERING DIVISION PROPERTY unrEADJUSTMENT g jj 1 AWKANCACf_e��'W E �'� "�"A:.4�o � I F � tee' 11 I l rl a \ ..jeom�n��• ��(; Y•'rfll � d d 1..m pan•^ • _ RRRd 4e � 4 pII •Y 9 sA CM Ia �� iENGINEERING DIVISION PROPERTY unrEADJUSTMENT g jj 1 AWKANCACf_e��'W E �'� "�"A:.4�o MOUNT KESSLER ADJUSTED PROPERTY r o F RZN14-4731 MT. KESSLER RESERVE One Mile View 14 ALSTON 5 1 SUBJECT PROPERTY WOLF LE RD •, z o: z � � m ee i ii I� PZD GE CUMMINGS RD - d ........... M . ........ Mut Future s APPL e° - li&AR BD- - _ _ Hillside-Hilljop O Overview Legend RZN14-4731 Subject Property RZN14-6731 Design OverlayDistrict 1 O�____. Boundary Plan iing Area Zt _,l� FayE tteville s. 0 0.25 0.5 1 M IeS NORTHWEST ARKANSAS DEMOCRAT{GAZETTE NORTHWEST ARKANSAS THE MORNINGNEWSALE FSPRINSDERS NEVSPAPE16LLC NEWS THNORTH EST ARK OF ARKANSAS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O. BOX 1607, 72702147944&1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ord. 5697 Was inserted in the Regular Editions on: July 24, 2014 Publication Charges: $ 64.85 Subscribed and sworn to before me This , T day of I.t„0,,, , 2014 Notary Public I My Commission Expires: —Z ,0 v, CATHY WILES Arkansas • BeMon County Notary Public • Comm# 12397118 My Commission Expires Feb 20, 2024 RECEIVED JWL 2 5 2014 CITY OF FAYETiLVUi 9 CITY'CLERKSiMCE **NOTE** Please do not pay from Affidavit. Invoice will be sent.