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IN THE CIRCUIT COURT OF MILLER COUNTY,
ARKANSAS
NO. 46CV-13-18-2

ARKANSAS STATE HIGHWAY COMMISSION PLAINTIFF
VS.
DINKY DAU, INC., A TEXAS CORPORATION; MARY STUART, IN HER OFFICIAL CAPACITY AS ASSESSOR OF MILLER COUNTY, ARKANSAS; MELISSA BARNES, IN HER OFFICIAL CAPACITY AS COLLECTOR OF MILLER COUNTY, ARKANSAS; 44,672 SQUARE FEET, MORE OR LESS, OF LANDS
IN MILLER COUNTY, ARKANSAS; AND ANY PERSON
OR ENTITY CLAIMING AN INTEREST THEREIN DEFENDANTS

WARNING ORDER
Dinky Dau, Inc., a Texas Corporation; Mary Stuart, in her official capacity as Assessor of Miller County, Arkansas; Melissa Barnes, in her official capacity as Collector of Miller County, and any persons or entities claiming an interest therein or ownership of, certain lands as described and located in Miller County, Arkansas, are hereby warned to appear in the Circuit Court of Miller County, Arkansas, within thirty (30) days of the date of first publication of this Warning Order and answer the Complaint of Plaintiff, Arkansas State Highway Commission, which has condemned the following described lands:
JOB NO. 030388
TRACT NO. 2X

Lots 4 and 5, part of Lots 3 and 6 and part of a 20 feet alley all being in Block 65, Town of Texarkana, being part of the Southeast Quarter of the Northeast Quarter of Section 30, Township 15 South, Range 28 West, Miller County, Arkansas, more particularly described as follows:
BEGINNING at a 1/2 inch rebar being used as the Northeast corner of Lot 3, Block 65, Town of Texarkana, said point being on the Southwesterly right of way line of U.S. Highway 71 as established by the plat of the Town of Texarkana filed December 7, 1880; thence South 28°03’59” East along said right of way line a distance of 147.00 feet to a point being used as the Northeast Corner of Lot 4, Block 65, Town of Texarkana said point also being on the Northwesterly right of way line of Broad Street as established by the plat of the Town of Texarkana filed December 7, 1880; thence South 61°58’08” West along said right of way line a distance of 50.00 feet to a point on the Southwesterly right of way line of U.S. Highway 71 as established by AHTD Job 030388; thence North 28°03’59” West along said right of way line a distance of 74.08 feet to a point; thence North 52°43’52” West along said right of way line a distance of 80.34 feet to a point; thence North 23°05’21” West along said right of way line a distance of 49.11 feet to a point on the West line of Lot 3, Block 65, Town of Texarkana; thence North 61°57’42” East along said West line a distance of 77.64 feet to a point on the Southwesterly right of way line of U.S. Highway 71 as established by AHTD Job 3262; thence South 33°04’06” East along said right of way line a distance of 18.65 feet to a point on the Southwesterly right of way line of U.S. Highway 71 as established by the plat of the Town of Texarkana filed December 13, 1880; thence South 28°03’59” East along said right of way line a distance of 30.43 feet to the point of beginning and containing 12,545 square feet more or less as shown on plans prepared by the AHTD referenced as Job 030388.
AND ALSO:
TRACT NO. 2XED-1, TEMPORARY DEMOLITION EASEMENT

Part of Lot 6, Lots 7 through 15 and part of a 20 feet abandoned alley all being in Block 65, Town of Texarkana, being part of the South Half of the Northeast Quarter of Section 30, Township 15 South, Range 28 West, Miller County, Arkansas, more particularly described as follows:
Commencing at a 1/2 inch rebar being used as the Northeast corner of Lot 3, Block 65, Town of Texarkana, said point being on the Southwesterly right of way line of U.S. Highway 71 as established by the plat of the Town of Texarkana filed December 7, 1880; thence South 28°03’59” East along said right of way line a distance of 147.00 feet to a point being used as the Northeast Corner of Lot 4, Block 65, Town of Texarkana said point also being on the Northwesterly right of way line of Broad Street as established by the plat of the Town of Texarkana filed December 7, 1880; thence South 61°58’08” West along said right of way line a distance of 50.00 feet to the POINT OF BEGINNING; thence continue South 61°58’08” West along said right of way line a distance of 250.00 feet to a point on the Northwesterly right of way line of Pecan Street as established by plat of the Town of Texarkana filed December 7, 1880; thence North 28°03’59” West along said right of way line a distance of 127.00 feet to a point on the Easterly right of way line of a 20 feet platted alley as established by the plat of the Town of Texarkana filed December 7, 1880; thence North 61°58’08” East along said right of way line a distance of 150.00 feet to a point; thence North 28°13’44” West a distance of 13.54 feet to a point; thence North 61°04’50” East a distance of 69.03 feet to a point on the Southwesterly right of way line of U.S. Highway 71 as established by AHTD Job 030388; thence South 52°43’52” East along said right of way line a distance of 74.33 feet to a point; thence South 28°03’59” East along said right of way line a distance of 74.08 feet to the point of beginning and containing 32,127 square feet more or less as shown on plans prepared by the AHTD referenced as Job 030388.
You are hereby notified that the Arkansas State Highway Commission, Plaintiff, whose attorney is William L. Wharton, Post Office Box 2261, Little Rock, AR 72203, has filed a Complaint in eminent domain against you and the described lands, a copy of which Complaint, Declaration of Taking, and Order, shall be delivered to you or your attorney upon request. If you fail to appear within thirty (30) days from the first date of publication of this Warning Order, you may be barred from answering said Complaint and otherwise asserting your interest.
IN WITNESS WHEREOF, I have set my hand and seal as Clerk of this Court on this 24th day of January, 2013.

MARY PANKEY,
CIRCUIT CLERK
BY: Val Buster D.C.

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