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HomeMy WebLinkAbout168-10 RESOLUTIONRESOLUTION NO. 168-10 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 proposed park 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 1: 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. APPROVED: B PASSED and APPROVED this 21' day of September, 2010. ATTEST: By:441,4) °`tttittltli/p/ SONDRAC H, CitY C Trer� FAYETTEVI LLE s'9 ier °s7L1 AJ®®\�w '', /t `, '�all!ldI86Abb6d� P �e el at a IL/ /U Q ail /0 AGENDA REQUEST 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: Util partment Director Financial Director Clef of Staff OAT 09-14-10A eq /2310 Date 14 -St to Date Date Date Date a�veilevi�le THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org 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. LIONELD JORDAN Fayetteville Mayor cc: Fayetteville City Council Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain Fayetteville, AR 72701 FAYETTEYILLE 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. a'F`e.tai1e UTILITIES DEPARTMENT CORRESPONDENCE THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Mayor Lionel Jordan Don Marr, Chief of Staff Paul Becker, Finance Director From: David Jurgens, Utilities Director 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 SepIO.doc.doc 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 1: 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 EXHIBIT "C" THIS INSTRUMENT PREPARED BY: PAGE, THRAILKILL, AND MCDANIEL ATTORNEYS AT LAW, P.A. COURTHOUSE SQUARE WEST 31 I DEDUEEN STREET MENA, ARKANSAS 71 953 1111111111111111111111111111111111II 111111 Doc ID 013643090015 Type: REL. Kind WARRANTY DEED Recorded: 09/13/2010 at 04:31:56 PM Fee Amt: $85.00 Pace 1 of 15 Washington County. AR Bette Stamps Circuit Clerk File20 10-00026595 STATE OF ARKANSAS COUNTY OF WASHINGTON Space Above This Line is For Recorder's Use Only WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: 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. WITNESS our hands and seals this Ar day of August, 2010. Chambers Bank By: to -tit - Ed Love, Vice President ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF , :/, Be it remembe • d that on this day came before me, a State, ED LOVE, to mehpe sonally known who uly commissioned, qualified, and acting, within and for said County and stated that he is the Vice President, of CHAMBERS the Bae nd behalf ofand sduly said entity,rand further stated and ized in his capacity to execute the foregoing instrument for and acknowledged that he had so signed, executed, dand and set forth delivered said on behalf of foregoingtheentity. instrument for the consideration, uses, and purposes therein men ,,yy�� WITNESS my hand and official seal this lay • August, 2010. AMY M. BRINK i al 1 4 1 .Ii { WASHINGTON COUNT? NOTARY 'UREIC (SEAL) NOTARYPUBLIC-ARKANSAS My Commission Expires March 16, 2019 Commission No.1237. EXHIBIT A (1 ADJUSTED TRACT 9 DESCRIPTION - A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) 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 1/4) OF THE SOUTHWEST QUARTER (SW 1/4), 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°0517" 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. EXHIBIT A Legal Description 3 ADJUSTED TRACT 2 DESCRIPTION - (SEE SHEET 2/3) A PART OF THE EAST HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION TWENTY-FIVE (25) AND A PART OF THE EAST HALF (E'/2) OF THE NORTHEAST QUARTER (NE 1/4) 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'/2) OF THE SOUTHEAST QUARTER (SE 1/4) 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 35°11'50" EAST 361.43 FEET; SOUTH 08°20'51" WEST 255.18 FEET; SOUTH 29°51'29" EAST 148.57 FEET; SOUTH 00°51'59" EAST 415.39 FEET; SOUTH 23°10'05" WEST 158.00 FEET; SOUTH 32°01'04" EAST 100.91 FEET; SOUTH 01°38'21" WEST 418.36 FEET; SOUTH 02°04'05" EAST 754.60 FEET; SOUTH 10°37'43" WEST 1625.80 FEET; NORTH 86°53'02" WEST 101.00 FEET; NORTH 10°37'32" EAST 1626.87 FEET; NORTH 02°02'38" 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 00°51'59" 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'/2) OF THE SOUTHEAST QUARTER (SE 1/4), SECTION TWENTY-FIVE (25); THENCE ALONG SAID WEST LINE OF SAID EIGHTY (80) ACRE TRACT NORTH 01°27'39" 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. ADJUSTED TRACT 4 DESCRIPTION - (SEE SHEET 2/3) A PART OF THE FRACTIONAL WEST HALF (W'/2) OF THE SOUTHWEST QUARTER (SW 1/4) AND A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) 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 1/4) 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 39°50'53" WEST 172.02 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 89°39'01" 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 84°40'23" 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 24°53'49" WEST 65.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 24°53'05" 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 67°30'07" 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 61°48'52" WEST 123.39 FEET; SOUTH 78°45'57" WEST 107.89 FEET; SOUTH 45°34'43" WEST 137.47 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°18'23" WEST 252.51 FEET; SOUTH 73°04'21" WEST 91.76 FEET; SOUTH 36°40'58" WEST 75.51 FEET; SOUTH 09°09'33" WEST 124.23 FEET; SOUTH 04°29'50" EAST 113.58 FEET; SOUTH 30°22'45" WEST 85.53 FEET; SOUTH 51°54'24" WEST 126.32 FEET; SOUTH 13°29'43" 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 52°21'44" 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 05°50'07" WEST 152.03 FEET; NORTH 02°12'58" WEST 248.61 FEET; NORTH 28°33'12" EAST 86.25 FEET; NORTH 03°33'11" 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 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION THIRTY (30); THENCE ALONG SAID NORTH LINE SOUTH 87°15'10" 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. ADJUSTED TRACT 5 DESCRIPTION - (SEE SHEET 2/3) A PART OF THE FRACTIONAL SOUTH HALF (S'/2) OF SECTION THIRTY (30); A PART OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) AND A PART OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Y4) 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 1/4) OF SAID SECTION THIRTY (30); THENCE ALONG THE NORTH LINE OF SAID FORTY (40) ACRE TRACT SOUTH 87°15'10" EAST A DISTANCE OF 366.86 FEET; THENCE SOUTH 10°02'42" WEST A DISTANCE OF 377.72 FEET; THENCE SOUTH 54°09'30" WEST A DISTANCE OF 297.18 FEET; THENCE NORTH 81°08'46" 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 53°33'47" WEST, WITH A CHORD LENGTH OF 428.94 FEET,; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 89°42'40", WITH AN ARC LENGTH OF 29.75 FEET, WITH A RADIUS OF 19.00 FEET, WITH A CHORD BEARING OF SOUTH 71°16'33" WEST, WITH A CHORD LENGTH OF 26.80 FEET,; THENCE SOUTH 26°25'03" WEST A DISTANCE OF 50.83 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 45°39'20", WITH AN ARC LENGTH OF 922.65 FEET, WITH A RADIUS OF 1157.88 FEET, WITH A CHORD BEARING OF NORTH 85°43'06" WEST, WITH A CHORD LENGTH OF 898.43 FEET,; THENCE SOUTH 10°03'19" EAST A DISTANCE OF 139.18 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 7°52'00", WITH AN ARC LENGTH OF 168.57 FEET, WITH A RADIUS OF 1154.96 FEET, WITH A CHORD BEARING OF SOUTH 66°22'10" WEST, WITH A CHORD LENGTH OF 158.45 FEET,; THENCE SOUTH 25°28'32" EAST A DISTANCE OF 115.32 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 20°29'25", WITH AN ARC LENGTH OF 329.55 FEET, WITH A RADIUS OF 921.50 FEET, WITH A CHORD BEARING OF SOUTH 51°39'12" WEST, WITH A CHORD LENGTH OF 327.80 FEET,; THENCE SOUTH 41°24'30" WEST A DISTANCE OF 116.92 FEET; THENCE SOUTH 38°48'53" WEST A DISTANCE OF 129.98 FEET; THENCE SOUTH 41°24'27" EAST A DISTANCE OF 37.50 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 41°24'49", WITH AN ARC LENGTH OF 287.55 FEET, WITH A RADIUS OF 397.82 FEET, WITH A CHORD BEARING OF SOUTH 26°18'34" WEST, WITH A CHORD LENGTH OF 281.33 FEET,; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 7°26'21", WITH AN ARC LENGTH OF 86.73 FEET, WITH A RADIUS OF 668.00 FEET, WITH A CHORD BEAR! NG OF SOUTH 71°13'47" WEST, WITH A CHORD LENGTH OF 86.67 FEET,; THENCE SOUTH 17°13'08" EAST A DISTANCE OF 102.56 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 17°00'11", WITH AN ARC LENGTH OF 228.66 FEET, WITH A RADIUS OF 770.50 FEET, WITH A CHORD BEARING OF SOUTH 83°09'44" WEST, WITH A CHORD LENGTH OF 227.82 FEET,; THENCE NORTH 85°30'24" WEST A DISTANCE OF 142.61 FEET; THENCE SOUTH 05°00'34" WEST A DISTANCE OF 464.17 FEET; THENCE SOUTH 84°56'38" EAST A DISTANCE OF 267.06 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 4°26'16", WITH AN ARC LENGTH OF 19.36 FEET, WITH A RADIUS OF 250.00 FEET, WITH A CHORD BEARING OF SOUTH 80°22'58" EAST, WITH A CHORD LENGTH OF 19.36 FEET,; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 17°53'56", WITH AN ARC LENGTH OF 78.10 FEET, WITH A RADIUS OF 250.00 FEET, WITH A CHORD BEARING OF SOUTH 69°12'52" EAST, WITH A CHORD LENGTH OF 77.78 FEET,; THENCE SOUTH 60°23'16" EAST A DISTANCE OF 265.82 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 26°43'18", WITH AN ARC LENGTH OF 91.34 FEET, WITH A RADIUS OF 195.85 FEET, WITH A CHORD BEARING OF SOUTH 74°33'39" EAST, WITH A 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 66°00'45" EAST A DISTANCE OF 470.23 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 5°46'15", WITH AN ARC LENGTH OF 93.05 FEET, WITH A RADIUS OF 923.88 FEET, WITH A CHORD BEARING OF NORTH 64°34'44" EAST, WITH A CHORD LENGTH OF 93.01 FEET,; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 12°00'08", WITH AN ARC LENGTH OF 63.15 FEET, WITH A RADIUS OF 301.46 FEET, WITH A CHORD BEARING OF NORTH 52°42'04" EAST, WITH A CHORD LENGTH OF 63.03 FEET,; THENCE SOUTH 51°58'39" EAST A DISTANCE OF 587.96 FEET; THE NCE SOUTH 38°01'21" WEST A DISTANCE OF 50.50 FEET; THENCE SOUTH 21°05'39" WEST A DISTANCE OF 293.94 FEET; THENCE NORTH 87°00'27" WEST A DISTANCE OF 55.82 FEET; THENCE SOUTH 02°57'37" WEST A DISTANCE OF 115.76 FEET; THENCE NORTH 87°14'32" 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 18°58'29", WITH AN ARC LENGTH OF 264.94 FEET, WITH A RADIUS OF 800.00 FEET, WITH A CHORD BEARING OF SOUTH 12°50'58" WEST, WITH A CHORD LENGTH OF 263.73 FEET,; THENCE SOUTH 22°20'12" WEST A DISTANCE OF 97.52 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 41°55'54", WITH AN ARC LENGTH OF 585.48 FEET, WITH A RADIUS OF 800.00 FEET, WITH A CHORD BEARING OF SOUTH 43°18'09" WEST, WITH A CHORD LENGTH OF 572.50 FEET,; THENCE SOUTH 64°16'06" WEST A DISTANCE OF 68.84 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 18°33'59", WITH AN ARC LENGTH OF 71.29 FEET, WITH A RADIUS OF 220.00 FEET, WITH A CH ORD BEARING OF SOUTH 54°59'06" WEST, WITH A CHORD LENGTH OF 70.98 FEET,; THENCE SOUTH 45°42'07" WEST A DISTANCE OF 332.13 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 7°26'22", WITH AN ARC LENGTH OF 28.57 FEET, WITH A RADIUS OF 220.00 FEET, WITH A CHORD BEARING OF SOUTH 49°25'17" WEST, WITH A CHORD LENGTH OF 28.55 FEET,; THENCE SOUTH 53°08'28" WEST A DISTANCE OF 141.25 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 53°40'26", WITH AN ARC LENGTH OF 262.30 FEET, WITH A RADIUS OF 280.00 FEET, WITH A CHORD BEARING OF SOUTH 79°58'41" WEST, WITH A CHORD LENGTH OF 252.81 FEET,; THENCE NORTH 73°11'06" WEST A DISTANCE OF 222.13 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 8°40'40", WITH AN ARC LENGTH OF 72.70 FEET, WITH A RADIUS OF 480.00 FEET, WITH A CHORD BEARING OF NORTH 77°31'26" WEST, WITH A CHORD LENGTH OF 72.63 FEET,; THENCE NORTH 81°51'46" WEST A DISTANCE OF 299.14 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 52°56'49 ", WITH AN ARC LENGTH OF 110.89 FEET, WITH A RADIUS OF 120.00 FEET, WITH A CHORD BEARING OF NORTH 55°23'21" WEST, WITH A CHORD LENGTH OF 106.99 FEET,; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 18°43'12", WITH AN ARC LENGTH OF 39.21 FEET, WITH A RADIUS OF 120.00 FEET, WITH A CHORD BEARING OF NORTH 19°33'20" 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 45°41'49", WITH AN ARC LENGTH OF 223.32 FEET, WITH A RADIUS OF 280.00 FEET, WITH A CHORD BEARING OF NORTH 12°39'11" EAST, WITH A CHORD LENGTH OF 217.45 FEET,; THENCE NORTH 35°30'05" EAST A DISTANCE OF 58.56 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 46°37'08", WITH AN ARC LENGTH OF 455.65 FEET, WITH A RADIUS OF 560.00 FEET, WITH A CHORD BEARING OF NORTH 12°11'31" EAST, WITH A CHORD LENGTH OF 443.18 FEET,; THENCE NORTH 11°07'03" WEST A DISTANCE OF 17.62 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 16°45'37", WITH AN ARC LENGTH OF 163.81 FEET, WITH A RADIUS OF 560.00 FEET, WITH A CHORD BEARING OF NORTH 02°44'14" WEST, WITH A CHORD LENGTH OF 163.23 FEET,; THENCE NORTH 05°38'34" EAST A DISTANCE OF 122.87 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 24°59'05", WITH AN ARC LENGTH OF 95.93 FEET, WITH A RADIUS OF 220.00 FEET, WITH A CHORD BEARING OF NORTH 06°50'59" WEST, WITH A CHORD LENGTH OF 95.18 FEET,; THENCE NORTH 19°20'31" WESTA DISTANCE OF 37.23 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 17°44'21", WITH AN ARC LENGTH OF 68.11 FEET, WITH A RADIUS OF 220.00 FEET, WITH A CHORD BEARING OF NORTH 10°28'21" WEST, WITH A CHORD LENGTH OF 67.84 FEET,; THENCE NORTH 01°36'10" WEST A DISTANCE OF 48.91 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 48°18'27", WITH AN ARC LENGTH OF 303.53 FEET, WITH A RADIUS OF 360.00 FEET, WITH A CHORD BEARING OF NORTH 25°45'24" WEST, WITH A CHORD LENGTH OF 294.61 FEET,; THENCE NORTH 49°54'38" WES T A DISTANCE OF 54.78 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH A DELTA ANGLE OF 16°38'06", WITH AN ARC LENGTH OF 104.52 FEET, WITH A RADIUS OF 360.00 FEET, WITH A CHORD BEARING OF NORTH 41°35'35" WEST, WITH A CHORD LENGTH OF 104.15 FEET,; THENCE NORTH 33°16'32" WEST A DISTANCE OF 120.80 FEET; THENCE SOUTH 56°33'49" WEST A DISTANCE OF 100.55 FEET; THENCE WEST A DISTANCE OF 176.03 FEET; THENCE NORTH A DISTANCE OF 167.54 FEET; THENCE NORTH 56°43'28" EAST A DISTANCE OF 129.29 FEET; THENCE NORTH 33°16'32" WEST A DISTANCE OF 59.20 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 8°20'11", WITH AN ARC LENGTH OF 65.98 FEET, WITH A RADIUS OF 453.50 FEET, WITH A CHORD BEARING OF NORTH 37°26'37" WEST, WITH A CHORD LENGTH OF 65.92 FEET,; THENCE NORTH 41°36'42" WESTA DISTANCE OF 109.30 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 48°23'18", WITH AN ARC LENGTH OF 383.00 FEET, WITH A RADIUS OF 453.50 FEET, WITH A CHORD BEARING OF NORTH 65°48'21" WEST, WITH A CHORD LENGT H OF 371.72 FEET,; THENCE WEST A DISTANCE OF 108.05 FEET; THENCE NORTH 09°22'34" WEST A DISTANCE OF 34.59 FEET; THENCE SOUTH 89°22'34" EAST A DISTANCE OF 458.07 FEET; THENCE NORTH 74°31'17" EAST A DISTANCE OF 126.29 FEET; THENCE NORTH 03°35'25" EAST A DISTANCE OF 384.68 FEET; THENCE NORTH 52°54'08" WEST A DISTANCE OF 170.55 FEET; THENCE NORTH 78°06'41" WEST A DISTANCE OF 98.81 FEET; THENCE NORTH 00°46'50" EAST A DISTANCE OF 58.32 FEET; THENCE NORTH 59°37'54" EAST A DISTANCE OF 143.85 FEET; THENCE NORTH 04°57'24" EAST A DISTANCE OF 93.55 FEET; THENCE NORTH 43°07'14" WEST A DISTANCE OF 134.36 FEET; THENCE NORTH 11°18'36" EAST A DISTANCE OF 34.59 FEET; THENCE NORTH 66°48'05" EAST A DISTANCE OF 51.66 FEET; THENCE NORTH 11°12'21" EAST A DISTANCE OF 104.71 FEET; THENCE NORTH 31°09'22" WESTA DISTANCE OF 142.59 FEET; THENCE SOUTH 85°14'45" WESTA DISTANCE OF 117.45 FEET; THENCE NORTH 68°47'27" WEST A DISTANCE OF 19.51 FEET; THENCE NORTH 63°01'17" EAST A DISTANCE OF 259.83 FEET; THENCE WITH A CURVE TURNING TO THE RI GHT WITH A DELTA ANGLE OF 33°58'07", WITH AN ARC LENGTH OF 229.14 FEET, WITH A RADIUS OF 386.50 FEET, WITH A CHORD BEARING OF NORTH 80°00'21" EAST, WITH A CHORD LENGTH OF 225.80 FEET,; THENCE SOUTH 79°10'41" EAST A DISTANCE OF 21.50 FEET; THENCE SOUTH 10°49'19" WEST A DISTANCE OF 332.28 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 5°48'45", WITH AN ARC LENGTH OF 50.72 FEET, WITH A RADIUS OF 500.00 FEET, WITH A CHORD BEARING OF SOUTH 07°54'57" WEST, WITH A CHORD LENGTH OF 50.70 FEET,; THENCE SOUTH 05°00'34" WEST A DISTANCE OF 194.57 FEET; THENCE SOUTH 87°32'23" EAST A DISTANCE OF 136.18 FEET; THENCE NORTH 80°59'17" EAST A DISTANCE OF 117.38 FEET; THENCE NORTH 20°30'31" EAST A DISTANCE OF 190.94 FEET; THENCE NORTH 35°22'17" EAST A DISTANCE OF 187.73 FEET; THENCE NORTH 24°55'29" EAST A DISTANCE OF 178.86 FEET; THENCE NORTH 64°15'07" WEST A DISTANCE OF 24.24 FEET; THENCE NORTH 24°14'37" EAST A DISTANCE OF 129.06 FEET; THENCE NORTH 60°58'58" EAST A DISTANCE OF 51.63 FEET; THENCE NORTH 35°02 '40" EAST A DISTANCE OF 160.75 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 40°25'53", WITH AN ARC LENGTH OF 50.45 FEET, WITH A RADIUS OF 71.50 FEET, WITH A CHORD BEARING OF NORTH 55°15'36" EAST, WITH A CHORD LENGTH OF 49.41 FEET,; THENCE NORTH 35°02'40" EAST A DISTANCE OF 289.81 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 30°00'00", WITH AN ARC LENGTH OF 37.44 FEET, WITH A RADIUS OF 71.50 FEET, WITH A CHORD BEARING OF NORTH 20°02'40" EAST, WITH A CHORD LENGTH OF 37.01 FEET,; THENCE NORTH 05°02'40" EAST A DISTANCE OF 31.58 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A DELTA ANGLE OF 58°11'48", WITH AN ARC LENGTH OF 72.62 FEET, WITH A RADIUS OF 71.50 FEET, WITH A CHORD BEARING OF NORTH 24°03'14" WEST, WITH A CHORD LENGTH OF 69.54 FEET,; THENCE NORTH 02°12'39" EAST A DISTANCE OF 197.81 FEET; THENCE SOUTH 87°15'10" EAST A DISTANCE OF 1515.12 FEET; which is the point of beginning, HAVING AN AREA OF 133.489 ACRES 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 1/4) OF THE NORTHEAST QUARTER (NE 1/4) AND PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW '/4) OF SECTION THIRTY-ONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S'/2) OF THE SOUTH HALF (S %) 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 1/4), SAID SECTION THIRTY (30); THENCE ALONG THE SOUTH UNE OF SAID SECTION NORTH 87°14'32" 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 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 82°07'28" 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 FEET; SOUTH 84°41'18" WEST 125.64 FEET; NORTH 83°12'13" WEST 228.12 FEET; NORTH 86°28'14" 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 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 CURVE 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 ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. ADJUSTED TRACT 6 DESCRIPTION - (SEE SHEET 2/3) A PART OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) AND A PART OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) 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 SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION THIRTY (30); THENCE ALONG THE SOUTH LINE OF SAID FORTY (40) ACRE TRACT NORTH 87°14'51" WEST 710.74 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 02°45'09" EAST 122.44 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING COURSES: NORTH 37°28'53" WEST 127.61 FEET; NORTH 84°46'53" WEST 201.36 FEET; SOUTH 54°53'30" WEST 160.91 FEET; THENCE SOUTH 54°58'45" WEST 236.58 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE BEING CONCAVE SOUTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 80°32'28" AND A RADIUS OF 25.51 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 35.85 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 84°20'22" WEST 32.97 FEET; THENCE SOUTH 46°21'22" WEST 154.60 FEET; THENCE NORTH 84°59'26" WEST 298.30 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE BEING CONCAVE NORTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 18°24'10" AND A RADIUS OF 829.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 266.43 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 50°36'35" EAST 265.28 FEET; THENCE NORTH 41°24'30" EAST 234.16 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 101°03'25" AND A RADIUS OF 545.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 962.14 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 88°03'48" EAST 842.19 FEET; THENCE SOUTH 50°22'01" WEST 202.82 FEET TO THE POINT OF BEGINNING, CONTAINING 6.146 ACRES, MORE OR LESS. SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF RECORD. ADJUSTED TRACT 8 DESCRIPTION - (SEE SHEET 2131 A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION TWENTY-NINE (29); A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION THIRTY (30), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4), SECTION THIRTY (30); THENCE ALONG THE EAST LINE OF SAID FORTY (40) ACRE TRACT SOUTH 02°33'03" WEST 169.57 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE NORTH 38°01'21" EAST 175.91; THENCE SOUTH 45°18'05" EAST 52.57 FEET; THENCE SOUTH 41°54'01" EAST 365.49 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 29°10'05" AND A RADIUS OF 282.31 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 143.72 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 24°29'08" EAST 142.17 FEET; THENCE SOUTH 09°54'05" EAST 203.56 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 25°33'53" AND A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 89.24 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 22°41'01" EAST 88.50 FEET; THENCE SOUTH. 35°27'58" EAST 241.09 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 35°35'41" AND A RADIUS OF 299.70 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 186.19 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 53°14'42" EAST 183.21 FEET; THENCE SOUTH 71°01'26" EAST 157.05 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21°57'38" AND A RADIUS OF 100.17 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 38.39 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 60°01'30" EAST 38.16 FEET; THENCE SOUTH 49°02'41" EAST 63.97 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY NUMBER 265 (CATO SPRINGS ROAD) PER ARKANSAS STATE HIGHWAY COMMISSION JOB NUMBER 9497, SAID CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A CENTRAL ANGLE OF 05°23'01" AND A RADIUS OF 1185.92 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, ALONG SAID CURVE AN ARC LENGTH OF 111.43 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 40°40'33" WEST 111.39 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 37°59'03" WEST 136.98 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES: NORTH 44°56'01" WEST 364.35 FEET; SOUTH 87°31'21" WEST 112.21 FEET; NORTH 66°59'40" WEST 63.12 FEET; NORTH 52°20'44" WEST 129.20 FEET; THENCE NORTH 54°44'22" WEST 122.39