HomeMy WebLinkAbout250-12 RESOLUTIONRESOLUTION NO. 250-12
A RESOLUTION TO PLACE DEED RESTRICTIONS IN THE TITLE TO
CITY PROPERTY THAT WAS THE C & L LANDFILL SITE TO COMPLY
WITH THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
LANDFILL CLOSURE REGULATIONS
WHEREAS, the Arkansas Department of Environmental Quality (ADEQ) -- Solid Waste
Management Division has completed an environmental site assessment of the closed C & L Solid
Waste Class 1 Landfill located in Fayetteville within and upon land owned by the City of
Fayetteville off Cato Springs Road; and
WHEREAS, this assessment has determined the corrective action of placing a new
engineered cap on top of the landfill would be required at the closed landfill site; and
WHEREAS, prior to ADEQ funding such corrective action, long term administrative
protection to reduce the chance of future disturbance of the constructed corrective action is
necessary; and
WHEREAS, a deed restriction to prohibit all residential improvements and any other
construction activity that could damage the engineered cap over the waste mass area is required;
and
WHEREAS, the ADEQ recommends that the City should also prohibit as a buffer all
residential development within one hundred feet around the entire landfill property; and -
WHEREAS, earlier this year the City of Fayetteville was deeded this needed 100 foot
buffer around the landfill which should be deed restricted to prevent any future use as residential
housing.
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 places a
deed restriction in the title to all the city property which was the C & L Landfill to prohibit all
residential improvements and any other construction that could damage the engineered cap to be
installed by ADEQ over the waste mass area and authorizes Mayor Jordan to sign such deed
restriction.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby places
restrictions that the City pursuant to requirements of the ADEQ — Solid Waste Management
Division will prohibit and not allow construction of houses, duplexes, apartments, or other
housing within one hundred feet around the entire former landfill property to ensure adequate
Page 2
Resolution No. 250-12
protection of human health and the environment in future years and authorizes Mayor Jordan to
sign such deed restriction.
PASSED and APPROVED this 18th day of December, 2012.
APPROVED:
By:
By:
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
Alison Jumper
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda items
and
Contracts, Leases or Agreements
12/18/2012
City Council Meeting Date
Agenda Items Only
Park Planning
Division
Action Required;
Parks and Recreation
Department
Approval of a resolution restricting the uses of the landfill area as recommended by ADEQ.
N/A
Cost of this request
N/A
Account Number
N/A
Project Number
Budgeted Item T-1
N/A
Category / Project Budget
N/A
N/A
Program Category / Project Name
N/A
Funds Used to Date Program / Project Category Name
NIA
N/A
Remaining Balance Fund Name
Budget Adjustment Attached
LPA. a,. ('a�..�l►..._
Finance and Internal Services Director
Date (_^
Date
I I.• 30 -20)t.
Date
/Z-5-,
Date
43)
D to
Previous Ordinance or Resolution # 138-04
Original Contract Date:
Original Contract Number:
Received in filly' 2 a- 2 P0 2: 07 R CV D
Clerk's Office
Comments:
Revised January 15, 2009
tv!lle
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan and City Council
Thru: Don Marr, Chief of Staff 614,
Connie Edmonston, Parks and Recreation Director
From: Alison Jumper, Park Planning Superintendent GI6
Date: November 29, 2012
Subject: December 18t' City Council Agenda Request
Deed Restriction for Former C and L Landfill Property.
PROPOSAL:
The City of Fayetteville acquired approximately 40 acres in 2008 as part of a public private partnership to
develop a mixed use community including a 200 acre community park along Cato Springs Road (see attached
Resolution 138-04). The 40 acres is the site of the former C & L landfill which operated from 1972 until it was
closed in 1976. The site received primarily municipal solid waste and some construction/demolition debris.
After a Work Plan and Site Characterization Study were completed in 2003, the City applied to the Arkansas
Department of Environmental Quality (ADEQ) to utilize Post Closure Trust Funds for remediation of the site.
The Post Closure Trust Fund was created in 1991 from disposal fees for landfill post -closure action, which is
defined as any measures deemed necessary by the Director to prevent or abate contamination of the
environment from any landfill which has been certified by the Department as no longer receiving waste. The
City was approved for the use of the fund for the C and L Landfill remediation in 2004.
ADEQ has developed construction plans for the remediation and anticipates beginning construction next
spring. As part of the final remediation, ADEQ requested 100' buffer from the limits of the landfill. The buffer
area was deeded to the City in 2012 to accommodate ADEQ's request. Additionally ADEQ is requiring certain
restrictions be put on the landfill and buffer area. The City Attorney worked with the legal staff at ADEQ to draft
the deed restriction.
RECOMMENDATION:
Staff recommends approving a resolution restricting the uses of the landfill area as recommended by ADEQ.
BUDGET IMPACT:
None.
Attachments:
Resolution 138-04
Deed 2012-00013554- Buffer area
Deed 2006-00013296 -Landfill
RESOLUTION NO.
A RESOLUTION TO PLACE DEED RESTRICTIONS IN THE TITLE TO
CITY PROPERTY THAT WAS THE C & L LANDFILL SITE TO COMPLY
WITH THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
LANDFILL CLOSURE REGULATIONS
WHEREAS, the Arkansas Department of Environmental Quality (ADEQ) — Solid Waste
Management Division has completed an environmental site assessment of the closed C & L Solid
Waste Class 1 Landfill located in Fayetteville within and upon land owned by the City of
Fayetteville off Cato Springs Road; and
WHEREAS, this assessment has determined the corrective action of placing a new
engineered cap on top of the landfill would be required at the closed landfill site; and
WHEREAS, prior to ADEQ funding such corrective action, long term administrative
protection to reduce the chance of future disturbance of the constructed corrective action is
necessary; and
WHEREAS, a deed restriction to prohibit all residential improvements and any other
construction activity that could damage the engineered cap over the waste mass area is required;
and
WHEREAS, the ADEQ recommends that the City should also prohibit as a buffer all
residential development within one hundred feet around the entire landfill property; and
WHEREAS, earlier this year the City of Fayetteville was deeded this needed 100 foot
buffer around the landfill which should be deed restricted to prevent any future use as residential
housing.
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 places a
deed restriction in the title to all the city property which was the C & L Landfill to prohibit all
residential improvements and any other construction that could damage the engineered cap to be
installed by ADEQ over the waste mass area and authorizes Mayor Jordan to sign such deed
restriction.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby places
restrictions that the City pursuant to requirements of the ADEQ — Solid Waste Management
Division will prohijit and not allow construction of houses, duplexes, apartments, or other
housing within one hundred feet around the entire former landfill property to ensure adequate
protection of human health and the environment in future years and authorizes Mayor Jordan to
sign such deed restriction.
PASSED and APPROVED this 18th day of December, 2012.
APPROVED: ATTEST:
By: By:
LXONELD JORDAN, Mayor SONDRA E. SMITH, City CIerk/Treasurer
RESOLUTION NO.I38-04
MICROFILMED
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH SOUTHPASS DEVELOPMENT COMPANY TO
ACCEPT 200 ACRES OF PARK LAND, A 10 ACRE WATER TANK S ITE,
ONE MILLION DOLLARS FOR PARK LAND DEVELOPMENT AND
OTHER CONSIDERATION FOR THE CITY'S ACCEPTANCE OF
OWNERSHIP OF A 33 ACRE LANDFILL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETI'EVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
accepts and approves the Contract with SouthPass Development Company (attached as
Exhibit "A") to accept 200 acres of park land, a 10 acre water tank site, one million
dollars for park land development and other consideration for the City's acceptance of a
33 acre landfill and its agreement to spend the money currently identified in its Parks
Capital Improvement PIan for the community park development.
PASSED and APPROVED this 7th day of September, 2004.
By:
ATTEST:
APPROVED:
DA COODY, Mayor
gr,lai:r, ..
By: = �=
S NDRA SMITH, Ci y Clerk .0:• )'w
E ;FAYETfEVILLE:
.`....:7.:
1114',,``G 014 'ti•
(Page 1 of 9)
art of Parcel No. 765-15443-200
Part of Parcel No. 765-16323-10G
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT Chambers Bank, an Arkansas chartered bank, hereinafter
called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, the following described
land situated in the County of Washington, State of Arkansas, to -wit:
The purpose of this deed is to convey those portions as shown on Lot Line Adjustment recorded as Doc.
Ref, Zen -06t7/3 S3 , in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington
County, Arkansas, the revised descriptions of the whole tracts as follows:
ADJUSTED TRACT 3 DESCRIPTION:
A PART OF THE FRACTIONAL WEST HALF (W 1) OF THE SOUTHWEST QUARTER (SW '4) AND A
PART OF THE SOUTHEAST QUARTER (SE '/) OF THE SOUTHWEST QUARTER (SW 'A) OF
SECTION THIRTY (30), AND A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 'A) AND A
PART OF THE WEST HALF (W 1) OF THE NORTHEAST QUARTER (NE ') AND A PART OF THE
NORTHWEST QUARTER (NW '/) OF THE SOUTHEAST QUARTER (SE '/a) OF SAID SECTION
THIRTY-ONE (31), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; A PART
OF THE EAST HALF (E '/a) OF THE NORTHEAST QUARTER (NE %) OF SECTION THIRTY-SIX (36)
AND A PART OF THE EAST HALF (E '/z) OF THE SOUTHEAST QUARTER (SE %) OF SECTION
TWENTY-FIVE (25), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUNT] IRON PIN AT THE NORTHEAST CORNER OF SAID WEST HALF ('A) OF
THE NORTHEAST QUARTER (NE 'A) SECTION THIRTY-ONE (31), TOWNSHIP SIXTEEN (16)
NORTH, RANGE THIRTY (30) WEST; THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH
03°10'31" WEST 2628.17 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID
NORTHWEST QUARTER (NW '/) OF THE SOUTHEAST QUARTER (SE '/s), SECTION THIRTY-ONE
(31); THENCE ALONG THE EAST LINE OF SAID FORTY (40) ACRE TRACT SOUTH 02°56'56" WEST
214.50 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID EAST LINE NORTH 87°03'04" WEST
214.50 FEET; THENCE SOUTH 28°4525 WEST 105.32 FEET; THENCE NORTH 52°18'12" WEST
543.84 FEET TO A FOUND IRON PIN ON THE SOUTH LINE OF SAID WEST HALF (W '4) OF THE
NORTHEAST QUARTER (NE %), SECTION THIRTY-ONE (31); THENCE ALONG SAID SOUTH LINE
NORTH 87°21'46" WEST 611.22 FEET TO A FOUND IRON PIN; THENCE CONTINUING ALONG SAID
SOUTH LINE NORTH 87°04'57" WEST 423.66 FEET TO A FOUND PIPE; THENCE LEAVING SAID
SOUTH LINE NORTH 02°36'50" EAST 654.14 FEET TO A FOUND IRON PIN; THENCE NORTH
87°10'03" WEST 884.36 FEET TO A FOUND IRON PIN; THENCE NORTH 87`°10'03" WEST 787.44
FEET TO A FOUND IRON PIN; THENCE SOUTH 02°37`31" WEST 651.66 FEET TO THE SOUTH LINE
OF SAID NORTH HALF (N 1/2) OF THE FRACTIONAL SECTION THIRTY-ONE (31); THENCE ALONG
SAID SOUTH LINE NORTH 87°04'57" WEST 96318 FEET TO A FOUND STONE AT THE
SOUTHWEST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER (NW %), SECTION THIRTY-
ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; THENCE ALONG THE
SOUTH LINE OF SAID EAST HALF (E '/2) 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 SOUTH LINE NORTH
03°06'30" EAST 249.93 FEET TO A FOUND IRON PIN; THENCE NORTH 86°53'02" WEST 146.92
FEET TO THE EASTERLY LINE OF A MULTI -USE TRAIL; THENCE ALONG SAID EASTERLY LINE
THE FOLLOWING COURSES: NORTH 10°3743" EAST 1625.80 FEET; NORTH 02°04'05" WEST
754.60 FEET; NORTH 01°38'21" EAST 418.36 FEET; NORTH 32°01'04" WEST 100.91 FEET; NORTH
23°10'05" EAST 158.00 FEET; NORTH 00`51'59" WEST 415.39 FEET; NORTH 29°51'29" WEST 148.57
FEET; NORTH 08°20'51" EAST 255.18 FEET; NORTH 35°11'50" WEST 361.43 FEET; THENCE NORTH
01'26'41" EAST 951.98 FEET TO THE NORTH LINE OF SAID EAST HALF (E 1/2) OF THE SOUTHEAST
QUARTER (SE ') OF SECTION TWENTY-FIVE (25), TOWNSHIP SIXTEEN (16) NORTH, RANGE
THIRTY-ONE (31) WEST; THENCE ALONG SAID NORTH LINE OF SAID EIGHTY (80) ACRE TRACT
SOUTH 87°09'38" EAST 1214.50 FEET TO A FOUND ALUMINUM MONUMENT AT THE NORTHEAST
CORNER OF SAID TRACT; THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH 02°25'51"
mow 1111 L
1111111111
Doc ID: 014687980009 Type: REL
Kind: WARRANTY DEED
Recorded: 05/14/2012 at 08:52:53 AM
Fee Amt: 955.00 Page 1 of 9
Washington County. AR
Bette Stamos Circuit Clerk
FA02012
File Number: 201200013554 Page 1 of 9
File N Umber: 2012-00013554 seq: 1
(Page 2 of 9)
5
Cage
DEED
ge - 2 -
WEST 36.60 FEET TO A FOUND ALUMINUM MONUMENT AT THE NORTHWEST CORNER OF SAID
FRACTIONAL SOUTHWEST QUARTER (SW %) 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°0517" WEST 660.00
FEET; THENCE THE FOLLOWING COURSES: SOUTH 87°1510" EAST 257.44 FEET; SOUTH
58'0731" WEST 324.29 FEET; NORTH 86°44'15" WEST 330.61 FEET; SOUTH 74°09'23" WEST 137.05
FEET; SOUTH 30°16'13" WEST 254.00 FEET; SOUTH 27°26'52" WEST 126.27 FEET; SOUTH
04°45'59" WEST 193.96 FEET; SOUTH 25°07'29" EAST 274.91 FEET; SOUTH 46°49'29" EAST 159.23
FEET; SOUTH 03°33'11" WEST 69.09 FEET; SOUTH 28°33'12" WEST 86.25 FEET; SOUTH 0292'58"
EAST 248.61 FEET; SOUTH O5°50'07" EAST 152.03 FEET; SOUTH 29°43'41" WEST 92.26 FEET;
SOUTH 37'07'18" EAST '120.86 FEET; SOUTH 45°00'58" EAST 126.58 FEET; SOUTH 17°48'52" WEST
178.11 FEET; SOUTH 04°52'49" EAST 113.12 FEET; NORTH 8219'00" EAST 136.94 FEET; SOUTH
09°29'53" EAST 155.53 FEET; NORTH 52'21'44" 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 09°2234° WEST 184.47
FEET; SOUTH 89°22'34" EAST 237.27 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 1691'23" AND A RADIUS OF 453.50; THENCE ALONG SAID
CURVE AN ARC LENGTH OF 128.15 FEET AND A,CHORD BEARING AND DISTANCE OF SOUTH
49°42'24" EAST 127.72 FEET; THENCE SOUTH 41°36'42" EAST 109.30 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 08°2011" 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 37°26'37" EAST 65.92 FEET; THENCE THE FOLLOWING COURSES:
SOUTH 33°16'32" EAST 59.20 FEET; SOUTH 56°43'28" WEST 129.29 FEET; SOUTH 00°00'00" EAST
167.54 FEET; NORTH 90°00'00" EAST 176.03 FEET; NORTH 56°33'49" EAST 100.55 FEET; THENCE
SOUTH 33°1632" EAST 120.80 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 16°38'06" 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 41°35'35"
EAST 104.15 FEET; THENCE SOUTH 49°54'38" EAST 54.78 FEET TO THE BEGINNING OF A CURVE
TO THE RIGHT HAVING A CENTRAL ANGLE OF 4818'27" 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 25°45'24" 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
RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 68.11 FEET AND A
CHORD BEARING AND DISTANCE 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 CENTRAL
ANGLE OF 24°59'05" 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 06°50'59" EAST 95.18
FEET; THENCE SOUTH 05°38'34" WEST 122.87 FEET TO THE BEGINNING OF A CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 16"45'37" 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 02°44'14" EAST 163.23 FEET; THENCE SOUTH 11'07'03" EAST 17.62 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL 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 DISTANCE OF SOUTH 1211'31" WEST 443.18 FEET; THENCE SOUTH 35°30'05"
WEST 58.56 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
45°4149" 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 12°39'11" WEST 217.45 FEET;
THENCE SOUTH 10°11'44" EAST 1.43 FEET TO THE BEGINNING OF A CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 71°40'01" 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
46°01-'45" EAST 140.50 FEET; THENCE SOUTH 8111'46" EAST 299.14 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 08°40'40" AND A RADIUS OF 480.00
FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 72.70 FEET AND A CHORD BEARING
AND DISTANCE OF SOUTH 77°31'26" EAST 72.63 FEET; THENCE SOUTH 73°11'06" EAST 222.13
FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 53°40'26"
AND A RADIUS OF 280.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 262.30 FEET
AND A CHORD BEARING AND DISTANCE OF NORTH 7918'41" EAST 252.81 FEET; THENCE
NORTH 53°08'28" EAST 14125 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A
File Number: 201200013554 Page 2 of 9
wile Number: 2012-00013554 seq: 2
(Page 3 of 9)
ARRANTY DEED
Page - 3 -
CENTRAL ANGLE OF 07°2622" AND A RADIUS OF 220.00 FEET; THENCE ALONG SAID CURVE AN
ARC LENGTH OF 28.57 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 49°2517" EAST
28.55 FEET; THENCE NORTH 45°42'07" EAST 332.13 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT HAVING A CENTRAL ANGLE OF 18033'59" AND A RADIUS OF 220.00 FEET; THENCE
ALONG SAID CURVE AN ARC LENGTH OF 71.29 FEET AND A CHORD BEARING AND DISTANCE
OF NORTH 54°59'08" EAST 70.98 FEET; THENCE NORTH 64°16'06" EAST 68.84 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 41°55'54" AND A RADIUS
OF 800.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 585.48 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 43'18'09" EAST 572.50 FEET;THENCE NORTH 22°20'12"
EAST 97.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
18°58'29' 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 NORTH 12°50'58" EAST 283.73 FEET;
THENCE NORTH 03°21'43" EAST 676.13 FEET TO THE NORTH LINE OF SAID FRACTIONAL NORTH
HALF (N %) SECTION THIRTY-ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE
(31) WEST; THENCE ALONG SAID NORTH LINE SOUTH 87°14'32" EAST 61.42 FEET TO THE POINT
OF BEGINNING, CONTAINING 315.218 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 PORTIONS BEING IN THE SOUTHEAST QUARTER (SE %) OF THE
NORTHEAST QUARTER (NE '/4), SECTION THIRTY-SIX (36), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, SAID ROAD HAVING A FIFTY
(50) FOOT RIGHT-OF-WAY EXTENDING 25 FEET EACH SIDE OF THE CENTERLINE OF SAID
ROAD.
ALSO 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 1/4) OF THE SOUTHEAST QUARTER (SE %), AND A PART OF
THE SOUTHWEST QUARTER (SW '/.) OF THE NORTHEAST QUARTER (NE 1/), AND A PART OF
THE SOUTHEAST QUARTER (SE '/+) OF THE NORTHWEST QUARTER (NW 1/4 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 1/4) OF THE SOUTHEAST QUARTER (SE '/a) 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 55°26'23" WEST 220.56 FEET TO THE BEGINNING OF A CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 27°10'38'° AND A RADIUS OF 500.51 FEET; THENCE ALONG SAID
CURVE AN ARC LENGTH OF 237.41 FEET AND A CHORD BEARING AND DISTANCE OF NORTH
73°31'28" WEST 235.19 FEET; THENCE NORTH 87°06'47" WEST 311.95 FEET; THENCE NORTH
86°55'45" 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.
ALSO LESS AND EXCEPT, THE FOLLOWING:
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ARRA
'NTY DEED
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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) OF THE NORTHEAST QUARTER (NE 'A) AND PART OF THE
NORTHEAST QUARTER (NE 'A) OF THE NORTHWEST QUARTER (NW '/) OF SECTION THIRTY-
ONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S 'A) OF THE SOUTH HALF (S 'A) 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 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°0511" WEST 323.63
FEET; SOUTH 82°0T28" 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,
SAIO EASTERLY BOUNDARY ALSO BEING THE TERMINUS OF SAID CENTERLINE; THE SIDE
LINES OF SAID ROAD TO BE SHORTENED OR LENGTHENED AT SAID TERMINUS BOUNDARY.
ALSO LESS AND EXCEPT, THE FOLLOWING:
THAT PORTION OF STATE HIGHWAY NO. 265 SOUTH (CATO SPRINGS ROAD) HAVING AN
EIGHTY (80) FOOT RIGHT-OF-WAY, FORTY (40) FOOT EACH SIDE OF CENTERLINE AS PER
ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497 ALL IN THE NORTHWEST QUARTER
(NW 'A) OF THE SOUTHEAST QUARTER (SE 'A) SAID SECTION THIRTY-ONE (31) BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF
SAID FORTY (40) ACRE TRACT; THENCE ALONG THE EASTERLY SIDE OF SAID FORTY (40) ACRE
TRACT SOUTH 02°56'56" WEST 41.45 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
HIGHWAY AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EASTERLY SIDE
OF SAID FORTY (40) ACRE TRACT SOUTH 02°56'56" WEST 114.44 FEET TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID HIGHWAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE SOUTH 47°18'03" WEST 81.96 FEET TO THE SOUTHERLY BOUNDARY OF TRACT THREE (3)
DESCRIBED HEREON; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 87°03'04' WEST
111.88 FEET TO THE SAID NORTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY; THENCE
ALONG SAID NORTHERLY RIGHT-OF-WAY OF SAID HIGHWAY NORTH 47°18'03" EAST 242.01
FEET TO THE POINT OF BEGINNING, CONTAINING 12959 SQUARE FEET, MORE OR LESS.
SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF
RECORD.
ADJUSTED TRACT 7:
A PART OF THE EAST HALF (E'/4) OF THE SOUTHWEST QUARTER (SW '4) AND A PART OF THE
FRACTIONAL NORTHWEST QUARTER (NW '/) OF THE SOUTHWEST QUARTER (SW ''/a) OF
SECTION THIRTY (30), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
File Number: 201200013554 Page 4 of 9
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ARRANTY DEED
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COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID EAST HALF (E !A)
OF THE SOUTHWEST QUARTER (SW '/) OF SECTION THIRTY (30); THENCE ALONG THE NORTH
LINE OF SAID EIGHTY (80) ACRE TRACT NORTH 87°1510" WEST 199.59 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 02°12'39" WEST 197.81 FEET TO THE
BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, SAID CURVE BEING CONCAVE
SOUTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 58°11'48" AND A RADIUS OF 71.50 FEET;
THENCE ALONG SAID CURVE AN ARC LENGTH OF 72.62 FEET AND A CHORD BEARING AND
DISTANCE OF SOUTH 24°03'14" EAST 69.54 FEET; THENCE SOUTH 05°02'40" WEST 31.58 FEET
TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 30°00'00" AND A
RADIUS OF 71.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 37.44 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 20°4240" WEST 37.01 FEET; THENCE SOUTH
35°02'40" WEST 289.81 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 40°2553" AND A RADIUS OF 71.50 FEET; THENCE ALONG SAID CURVE AN
ARC LENGTH OF 50.45 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 55°15'36" WEST
49.41 FEET; THENCE THE FOLLOWING COURSES: SOUTH 35°02'40" WEST 160.75 FEET; SOUTH
60°58'58" WEST 51.63 FEET; SOUTH 24°14'37" WEST 129.06 FEET; SOUTH 64°15'07" EAST 24.24
° ,
FEET; SOUTH 24°5529" WEST 178.86 FEET; SOUTH 35°22'17" WEST 187.73 FEET; SOUTH
20°30'31" WEST 190.94 FEET; SOUTH 80°59'17" WEST 117.38 FEET; NORTH 87°32'23" WEST 136.18
FEET; NORTH 05°00'34" EAST 194.57 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 05°48'45" 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 NORTH
07°54'57" EAST 50.70 FEET; THENCE NORTH 10°49'19" EAST 332.28 FEET; THENCE NORTH
79°10'41" WEST 21.50 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 33°58'07" AND A RADIUS OF 386.50 FEET; THENCE ALONG SAID CURVE AN ARC
LENGTH OF 229.14 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 80°0021" WEST
225.80 FEET; THENCE THE FOLLOWING COURSES: SOUTH 63°0117" WEST 42.14 FEET; NORTH
31°09'22" WEST 10.18 FEET; SOUTH 85°14'45" WEST 156.40 FEET; NORTH 68°47'27" WEST 82.18
FEET; NORTH 84°30'33" WEST 125.56 FEET; NORTH 66°13'53" WEST 88.19 FEET; NORTH 36°4218"
WEST 37,59 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE
BEING CONCAVE NORTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 14°11'01" AND A
RADIUS OF 680.56 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 168.47 FEET AND A
CHORD BEARING AND DISTANCE OF NORTH 21°51'51" EAST 168.04 FEET TO THE BEGINNING OF
A NON -TANGENT COMPOUND CURVE TO THE LEFT, SAID CURVE BEING CONCAVE
NORTHWESTERLY, AND 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 NORTH 33°45'48" EAST 107.23 FEET; THENCE NORTH 00°00'44" EAST 115.50 FEET
TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 24953'05" 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 .NORTH 12°2717" EAST 120.01 FEET; THENCE NORTH
24°53'49" EAST 65.24 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT 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 NORTH 37°41'58" EAST
123.43 FEET; THENCE NORTH 50°30'07" EAST 112.59 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT 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 SOUTH 84°4023" EAST 75.43 FEET; THENCE SOUTH 39°50'53" EAST 172.02 FEET; THENCE
NORTH 50°09'07" EAST 43.00 FEET; THENCE NORTH 52°24'38" EAST 335.19 FEET TO SAID
NORTH LINE OF THE EAST HALF (E '/z) OF THE SOUTHWEST QUARTER (SW '4) OF SECTION
THIRTY (30); THENCE ALONG SAID NORTH LINE SOUTH 87°1510" EAST 712.87 FEET TO THE
POINT OF BEGINNING, CONTAINING 28.264 ACRES, MORE OR LESS.
SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF
RECORD.
ADJUSTED TRACT 10:
A PART OF THE WEST HALF (W ',4) OF THE SOUTHWEST QUARTER (SW 1) AND A PART OF THE
NORTHEAST QUARTER (NE '/.) OF THE SOUTHWEST QUARTER (SW '/) OF SECTION TWENTY-
NINE (29); A PART OF THE SOUTHEAST QUARTER (SE %) AND A PART OF THE EAST HALF (E
File Number: 201200013554 Page 5 of 9
Rile Number: 2012-00013554 Seq: 5
(Page 6 of 9)
ARRANTY DEED
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OF THE SOUTHWEST QUARTER (SW Y.) OF SECTION THIRTY (30), 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 SAID WEST HALF (W 'A) OF
THE SOUTHWEST QUARTER (SW '/), SECTION TWENTY-NINE (29); THENCE ALONG THE NORTH
LINE OF SAID EIGHTY (80) ACRE TRACT SOUTH 87°0316" EAST 1148.15 FEET TO THE
WESTERLY RIGHT-OF-WAY LINE OF UNITED STATES INTERSTATE 540; THENCE ALONG SAID
WESTERLY RIGHT-OF-WAY LINE SOUTH 09°2105" WEST 48.62 FEET; THENCE CONTINUING
ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 24°41'50" EAST 767.50 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, BEING ON THE WESTERLY RIGHT-OF-
WAY LINE OF ARKANSAS STATE HIGHWAY 265 (CATO SPRINGS ROAD) PER ARKANSAS STATE
HIGHWAY COMMISSION JOB NUMBER 9497, SAID CURVE BEING CONCAVE SOUTHEASTERLY,
AND HAVING A CENTRAL ANGLE OF 08°43'13" AND A RADIUS OF 1105.92; THENCE ALONG SAID
WESTERLY RIGHT-OF-WAY LINE ALONG SAID CURVE AN ARC LENGTH OF 168.32 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 48°21'27" WEST 168.16 FEET; THENCE CONTINUING
ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 52°43'03" WEST 205.00 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09°21'05" AND A RADIUS
OF 1185.92 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG
SAID CURVE AN ARC LENGTH OF 193.56 FEET AND A CHORD BEARING AND DISTANCE OF
SOUTH 48°02'36" WEST 193.34 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE
NORTH 49°02'41" WEST 63.97 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE
RIGHT, SAID CURVE BEING CONCAVE SOUTHWESTERLY, AND 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 NORTH 60°01'30" WEST 38.16 FEET;
THENCE NORTH 71°01'26" WEST 157.05 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
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 NORTH
53°14'42" WEST 183.21 FEET; THENCE NORTH 35°27'58' WEST 241.09 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT 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 NORTH 22041'01" WEST 88.50 FEET; THENCE NORTH 09°54'05" WEST 203.56
FEET TO THE BEGINNING OF A CURVE TO THE LEFT 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 NORTH 24°29'08" WEST 142.17 FEET; THENCE THE
FOLLOWING COURSES: NORTH 41°54'01" WEST 365.49 FEET; NORTH 45°18'05" WEST 52.57
FEET; SOUTH 38°01'21 WEST 175.91 FEET; SOUTH 38°01'21" WEST 447.90 FEET; THENCE SOUTH
51058'40" EAST 639.50 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT,
SAID CURVE CONCAVE SOUTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 10°4119" AND A
RADIUS OF 145.25 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 27.10 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 47°Q8'50" EAST 27.06 FEET; THENCE THE
FOLLOWING COURSES: SOUTH 54°44'22" EAST 122.39 FEET; SOUTH 52°20'44' EAST 129.20
FEET; SOUTH 66°59'40" EAST 63.12 FEET; NORTH 87°31'21" EAST 112.21 FEET; THENCE SOUTH
44"56'01" EAST 364.35 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF ARKANSAS STATE
HIGHWAY 265 (CATO SPRINGS ROAD); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE
SOUTH 37°59'03" WEST 1618.91 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST
QUARTER (SE %), SECTION THIRTY (30), SAID POINT BEARING NORTH 87°14'32" WEST 8.86
FEET FROM THE SOUTHEAST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE ALONG SAID
SOUTH LINE OF SAID TRACT NORTH 87°14'32" WEST 901.69 FEET; THENCE LEAVING SAID
SOUTH LINE THE FOLLOWING COURSES: NORTH 02°45'24" EAST 15.76 FEET; NORTH 02°59'33
EAST 100.00 FEET; SOUTH 87°00'27" EAST 55.82 FEET; NORTH 21°05'39" EAST 293.94 FEET;
NORTH 38001'21" EAST 50.50 FEET; THENCE NORTH 51058'39" WEST 587.96 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE BEING CONCAVE
NORTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 12'00'08" AND A RADIUS OF 301.46
FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 63.15 FEET AND A CHORD BEARING
AND DISTANCE OF SOUTH 52°4204" WEST 63.03 FEET TO THE BEGINNING OF A COMPOUND
CURVE TO THE RIGHT HAVING A CENTRAL 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 BEARING AND
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Pile Number: 2012-00013554 Beq: 6
(Page 7 of 9)
C.)* ARRA'fkITY DEED
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DISTANCE OF SOUTH 64°34'44" WEST 93.01 FEET; THENCE SOUTH 66°00'45" WEST 470.23 FEET
TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 29°28'57" AND A
RADIUS OF 250.14 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 128.72 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 80°4528" WEST 127.30 FEET; THENCE NORTH
84°59'26" WEST 1095.13 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 26°4318" 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 NORTH 74°33'39" WEST
90.51 FEET; THENCE NORTH 60°2316" WEST 265.82 FEET TO THE BEGINNING OF A CURVE TO
THE LEFT HAVING A CENTRAL ANGLE OF 17°53'56 AND A RADIUS OF 250.00 FEET; THENCE
ALONG SAID CURVE AN ARC LENGTH OF 78.10 FEET AND A CHORD BEARING AND DISTANCE
OF NORTH 69°12'52" WEST 77.78 FEET TO THE BEGINNING OF A COMPOUND CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 04°2616" 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
NORTH 80°22'58" WEST 19.36 FEET; THENCE THE FOLLOWING COURSES: NORTH 84°5538"
WEST 197.11 FEET; NORTH 03°35'25" EAST 290.86 FEET; NORTH 52°54118" WEST 74.06 FEET;
NORTH 05°00'34" EAST 134.11 FEET; THENCE SOUTH 85°30'24" EAST 142.61 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 17°00'11" AND A RADIUS
OF 770.50 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 228.65 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 83°09'44" EAST 227.81 FEET; THENCE NORTH 17°13'08"
WEST 102.56 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE
BEING CONCAVE NORTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 07°26'21" AND A
RADIUS OF 668.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 86.73 FEET AND A
CHORD BEARING AND DISTANCE OF NORTH 71°1347" EAST 86.67 FEET TO THE BEGINNING OF
A NON TANGENT REVERSE CURVE TO THE RIGHT, SAID CURVE BEING CONCAVE
SOUTHEASTERLY, AND HAVING A CENTRAL ANGLE OF 41°24'49" AND A RADIUS OF 397.82 FEET;
THENCE ALONG SAID CURVE AN ARC LENGTH OF 287.55 FEET AND A CHORD BEARING AND
DISTANCE OF NORTH 26°18'34" EAST 281.33 FEET; THENCE NORTH 41°24'27" WEST 37.50 FEET;
THENCE NORTH 38°4853" EAST 129.98 FEET; THENCE NORTH 41°24'30" EAST 116.92 FEET TO
THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 20°29'25" AND A
RADIUS OF 921.50 FEET; THENCE ALONG SAID CURVE ARC LENGTH OF 329.55 FEET AND A
CHORD BEARING AND DISTANCE OF NORTH 51°3912" EAST 327.80 FEET; THENCE NORTH
25°28'32" WEST 115.32 FEET TO A NON -TANGENT CURVE TO THE LEFT, SAID CURVE BEING
CONCAVE NORTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 07°52'00" AND A RADIUS OF
1154.96 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 158.57 FEET AND A CHORD
BEARING AND DISTANCE OF N 66°22'10" EAST 158.45 FEET; THENCE NORTH 10°0319" WEST
139.18 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE
BEING CONCAVE SOUTHWESTERLY, AND HAVING A CENTRAL ANGLE OF 45°39'20" AND A
RADIUS OF 1157.88 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 922.65 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 85°43'06" EAST 898.43 FEET; THENCE NORTH
26°2503" EAST 50.83 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 89°42'40" AND A RADIUS OF 19.00 FEET; THENCE ALONG SAID CURVE AN ARC
LENGTH OF 29.75 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 71°16'33" EAST
26.80 FEET TO THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 20°3631" AND A RADIUS OF 1199.00 FEET; THENCE ALONG SAID CURVE AN ARC
LENGTH OF 431.27 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 53°33'47" EAST
428.94 FEET; THENCE SOUTH 81°08'46" EAST 158.03 FEET; THENCE NORTH 54°09'30" EAST
297.18 FEET; THENCE NORTH 10°02'42" EAST 377.72 FEET TO THE NORTH LINE OF SAID
SOUTHEAST QUARTER (SE '1), SECTION THIRTY (30); THENCE ALONG SAID NORTH LINE OF
SAID FORTY (40) ACRE TRACT SOUTH 87°1590" EAST 949.66 FEET TO THE POINT OF
BEGINNING, CONTAINING 185.530 ACRES, MORE OR LESS.
LESS AND EXCEPT THE FOLLOWING:
ADJUSTED TRACT 6:
A PART OF THE WEST HALF (W '/z) OF THE SOUTHEAST QUARTER (SE %) AND A PART OF THE
EAST HALF (E') OF THE SOUTHWEST QUARTER (SW %) OF SECTION THIRTY (30), TOWNSHIP
SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE
File Number: 201200013554 Page 7 of 9
File MuMbex: 2012-00013554 Seg: 7
(Page 8 of 9)
ARRANTY DEED
Page 8 -
SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW 34) OF THE SOUTHEAST QUARTER
(SE %) 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°3228" 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°2022" WEST 32.97 FEET; THENCE SOUTH 46°21'22" WEST 154.60 FEET; THENCE
NORTH 84°5926" 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.
ALSO, LESS AND EXCEPT THE FOLLOWING:
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 '/) AND PART OF THE
NORTHEAST QUARTER (NE Y4) OF THE NORTHWEST QUARTER (NW '4) OF SECTION THIRTY-
ONE
HIRTYONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S %) OF THE SOUTH HALF ($ '/z) 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 Y), SAID SECTION THIRTY (30); THENCE ALONG THE SOUTH
LINE 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°0728" WEST 44.99 FEET; NORTH 52°16'47" WEST 44.69 FEET; NORTH 85°5111"
WEST 262.89 FEET; NORTH 86°24'16" WEST 1240.07 FEET; SOUTH 84°41'18" WEST 125.64 FEET;
NORTH 83°1213" 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°06'30" 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.
CONTAINING A NET TOTAL OF 179.384 ACRES, MORE OR LESS.
SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER OR NOT OF
RECORD.
File Number: 201200013554 Page 8 of 9
File Humber: 2012-00013554 seq: 8
(Page 9 of 9)
WARRANTY DEED
Page - 9 -
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they we lawfully seized of said
lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the
said lands against all legal claims whatever. �}
WITNESS the execution hereof on this 4� day of M OMA . 2012.
ATTEST:
NI&
[Please print or type Name and TiUej
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BY:
Chambers Bank
ease print or type
ACKNOWLEDGM N
}
} ss.
e and Title]
LACY 1 NIGH
NOTARY PUBLIC -STATE OF ARKANSAS
WASHINGTON COUNTY
My Commission Expires 04-25-2017
Commission # 12360265
BE IT REMEMBERED, that on this date, before the u rsigned, a duly commissioned and citing Notary Public
within and for said County and State, personally appeared+ 411and t, fr
to me well known as th ers ns who ex uteri the foregoing document and who stated d acknowledged that
they are the Vb&asai and rJ Pr , respectively, of Chambers Bank, an
Arkansas chartered bank, and ar duly authoriz in their respective capacities to execute the foregoing instrument for
and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed
and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this Crk day of O.th[ , 2012.
MY COMMISSION EXPIRES:
pt\^ 1,S-Zort
File Number: 201200013554 Page 9 of 9
File Number: 2012-00013554 Seq: 9
(Page 1 of 7)
•
C`. Af ifE E /41 k /91-1'
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Racordvd: 04/04/200a at 01:00ro2 Ptt
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Sotto Stoops 04roelt Work
WaOhleaton County. AR Q
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AFFIDAVIT TO SPECIAL WARRANTY DEED RECORDED AT DEED REF. 2005-0004$123,
WASHINGTON COUNTY, ARKANSAS, CONFIRMING SCRIVENER'S ERROR WITHIN LEGAL
DESCRIPTION ON RECORDED DEED.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
SS
BEFORE ME the undersigned notary public personalty appeared GARY DUMAS, who after being
duly sworn deposes and says:
1. I am Director of Operations for the City of Fayetteville. Arkansas.
2. The City of Feyotteville. Arkansas, prepared the legal description for the special
warranty deed which Is recorded in Deed Ref_ 2005.00048123.
3. That a scrivener's error exists for the palls for commencement to the point of
beginning.
4. That the deed is being re-recorded to correct said calls for commencement to the '
point of beginning.
FURTHER AFFIANT SAYETH NOT.
Gary Dumas
Director of Operations
City of Fayetteville, Arkansas
SWORN TO AND SUBSCRIBED before me this / day of ji4HICN , 2006,
and Is personally known to me.
My Co mmission Expires:
61-li1,Q-7
5.
- ~ a tij�
(Page 2 of 7)
(Tao 1 ui 6)
a
This document is being re-recorded
to correct 'legal description.
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE 'RESENTS:
paIp EofI VNN tClf MINI i.
atoHNi; �/?OW I,t 91 J7:40 P!1
Fe4 riatt 123.u44 I 0 t aT i
earl /r/�./o�f 61r�/af���r//[��p}C/''Ij./r1Icpp !�
Fa.2VV5..0004V 123
hunt C. & L. Land Ca, Inc, a corporation organized under and by virhxi of the
lows of the State of Arkansas, by Its Ptesidrnu and Secretary, duly authorined by proper
resolution of its Board of Directors, in oonel4eradon of the owe of TON AOL t.ARS
(510) and other valuable considerations. Paid by the City of Faycneviile, Arkansas, the
receipt of which is hereby acknowledged, does hereby grant, sell and convey unto the
City of Fayetteville, Arkansas. its succcasora and assigns fortve, the fallowing
described landsituated in tits County of Washlagton, Stnte ofArkw,sas:
Comes,:
t'SW Carnes fthe, Frau io ap 16[+14/4 of
Sengt30W. (State P1ne Coordinates N 624067.346, E 657669.001)
Thom 5 87.46-07 E 931.99' and N 02-13-50 E 29.70'
-er-tate, to the paint of beginning
.0,40412,(State Plane Coordinates N 624060.74, E 658601.53)
Thence:
N4 -1841.4876E 99.355,
N2943.33.60221? 205.311,
N50.54 -22.1030W 30.881,
858.27-31.1659W 353.169,
N3.45.3,3747W 69.€05,
N33-10.44,96486 101,575,
N12 -1840.0074W 147,076,
N59 -18-19,1298W 117053,
N13 -2945.1727E 140.965.
1151-54-24.72995126.318,
N50.22-44.85361185.532,
N4 -29-497458W 113577,
N9.9-33.34928124.227,
N364047.86832 75,51,
N73 -420.9530E91.758,
425 -IS -22,9532E 232.506,
1474-42.2265W 144:432,
1410.47-20.3042W 147.209,
113-46-38.368313 43.824,
N69-0-4.01511134.909,
NIS -26-54.453713 151.344,
N45 -34-43.4121B 137.47,
N78-45-57.47925107.89,
861-48.52.39538123.395,
836-42-18.126333135.18,
866.13.530714U 130.631,
584.30-33963011127.845,
868.47.26.7859E91A31,
N85.14.45.16458.117942,
831.9-21.62738 142,592,
S114241.411014 104.712,
S66.48 -5.0144W 51.559,
SI 1-18-35.7569W 34.587
643-7-14.2372E 134.364
84-57,94.065SW93.546,
$59-37•54A190W 143.848,
80.46.50.2966W 58.32,
5784-40.831113 98.808,
552-54-7.901914190.551,
53.35e24.6717W 384.682,
574-31-16.9026W 126.287,
N89 -22-34.4361W 458,075,
59-22 34.47 7911 286506,
883-40-4.8085E 80.636,
544-57-0.1837E 142.362,
Thealco 1457.23-13.6480W 802.329 to the F.O. B.
Containing 39.6 Aeres More or Less
PROVIDED, however, this conveyance i8 subject to the following conditions
and exceptions:
1. Matters that would bo reflected on an accurate ALTA/ACM.17A M Tide Survey
of the land, including Al additional survey raluircmenta;
2. Mallon that ane discloses by Iho S7re C7larasteriratton Rayon, Former C&L
Lamp, West Washington County Road 8204 Foyoimltte. Washington Count,
Arkaaa4S;
2
(Page 4 of 7)
p3apa s of 9
a. Applicable zoning, building and land nso laws, codes aadmamma;
4. Public or private reads, highways, streets cad alleys, if any;
S. Jlosommus and reatriotiona off resent; and •
6. All oil, ges. coal and other minerals and minerals rights are resented by the
Grantor.
PROVIDED FURTHER the City of Fayetteville aocepls lido to the land subject
to the conditions and exceptions atatcd herein and agneas that: (i) any park that is
established ort the lead will bemused inhonor ofludgeL MaupinC amings;and
(i1) uhe said City will use and maintain the land in accordance with applicableJsws
end regulations.
TO HAVE AND TC) HOLD !bonnie onto the City of Fayetteville, Arkansas, ib
ancsessors and assigns foinVn4 With ail tenements„ apputtermwes and hereditaments
Memento belonging. And C. Lara! Co„ Ino. herehy covenants with the [Sty of
Fayetteville, Ad teneaa that 11 will forever warrant and defend the *ilia to said lands
againstall claims and enauubratmes dono or sufeeted by or through it, but against sono
other.
IN WJTNBso WnEBROP, the name of the grantor is barman; affixed by its
President and its Goal affixed by iia 8a4 otary, {IMO atf day of October, 2005.
C. IL Land Co., lna
ATfCST:
Secretary
B
3