HomeMy WebLinkAboutOrdinance 6963Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6963
File Number: 2025-2624
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-59
FOR APPROXIMATELY 1.37 ACRES LOCATED AT SOUTH FUTRALL DRIVE IN WARD 1 FROM RSF-
4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -
GENERAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department’s Agenda Memo from RSF-4, Residential Single-Family, 4 Units Per Acre to NS-G, Neighborhood
Services – General.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on January 20, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $
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Planning Commission
December 8, 2025
RZN-2025-0059 (BARNES FAMILY TRUST)
Page 7 of 14
Planning Commission
December 8, 2025
RZN-2025-0059 (BARNES FAMILY TRUST)
Page 7 of 14
EXHIBIT A
NS-G
NS-G
A part of the Northwest quarter (NW 1/4) of the Southeast quarter (SE 1/4) of
SecƟon Eighteen (18). Township Sixteen (16) North of Range Thirty (30) West,
more parƟcularly described as follows, to-wit: Beginning at the northeast corner
of said forty (40) acre tract, and running thence South 1 degree 18 minutes East
along the East line of said forty acre tract 753.30 feet to the North line of U.S.
Highway No. 71 By-pass, thence North 24 degrees 31 minutes West along the
North line of said By-pass 823.9 feet to the North line of said forty (40) acre
tract, thence East along the North line of said forty (40) acre tract 325.74 feet to
the point of beginning; less taken by Highway I-540, now 1.37 acres.
EXHIBIT B
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2624
MEETING OF JANUARY 20, 2026
TO:Mayor Rawn and City Council
THROUGH:Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM:Citlali Samano, Planner
SUBJECT: RZN-2025-0059: Rezoning (S FUTRALL DR/BARNES FAMILY TRUST). Submitted by
ECOLOGICAL DESIGN GROUP for property located at S FUTRALL DR. The property
is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, UNITS PER ACRE, and contains
approximately 1.37 acres. The request is to rezone the property to NS-G,
NEIGHBORHOOD SERVICES - GENERAL.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property to NS-G, Neighborhood Services - General.
While originally requesting CS, Community Services, the applicant agreed to a forwarding of a request of NS-G
during the Planning Commission meeting. Staff recommended denial of a request to CS, Community Services,
which this report evaluated.
BACKGROUND:
The subject property is immediately east of Interstate 49 and just over 1/4 mile south of Markham Hill Woods
with frontage along South Futrall Drive, a one-way street heading north and is Arksansas Department of
Transportation (ARDOT) right-of-way. The property consists of approximately 1.37 acres, is undeveloped, and
has almost 100% tree canopy coverage. The property has a history of denied rezoning attempts, with requests
to UT, Urban-Thoroughfare in 2021 and 2022. Portions of the property lie within the city's I-540 Overlay
District, and a small portion lies within the Hillside/Hilltop Overlay District. The property is not within a FEMA
floodplain, floodway, nor within a Streamside Protection Zone.
Request: The request is to rezone the property from RSF-4, Residential Single-Family, 4 Units Per Acre, to
CS, Community Services. The applicant asserts that the current request would accommodate a small-scale
commercial transition area in a corridor that lacks services
Public Comment: Staff have received no public comments.
Land Use Compatibility: Land Use Compatibility: Staff finds that the proposed rezoning is inconsistent with the
goals of City Plan 2040 and incompatible with surrounding land uses. The property has a history of rezoning
attempts, including a 2021 request to UT that was denied for reasons related to building form and walkability
requirements. A subsequent request to CS the following year was also denied by Planning Commission and
was withdrawn by the applicant before going to City Council. Given the site’s limited access, environmental
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
constraints, and isolation from a cohesive commercial pattern further reduces its compatibility with surrounding
land uses. Given the current surrounding land use and the distance to non-residential services, staff is unable
to support the current rezoning request. Prior rezoning requests have consistently recommended a rezoning to
Neighborhood Services – Limited (NS-L) or Neighborhood Services – General (NS-G) to ensure compatibility
and incremental development at this site. This remains staff's position.
Land Use Plan Analysis: Given cumulative concerns regarding the lack of services and limited potential for
connectivity combined with the intensity of uses allowed in CS, staff finds the proposed rezoning to be
inconsistent with the goals in City Plan 2040 and the property’s future land use designation as a Residential
Neighborhood area. Given the future land use classification of these portions of the site, staff recommends
denial of the request.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4-6 for this site. The
following elements of the matrix contribute to the score:
Adequate Fire Response (Station 6, located at 900 S Hollywood Ave.)
Near Sewer Main (21” gravity main adjacent to the property)
Near Water Main (6” along W Orlando Dr)
Near Public School (Ramay Junior High School)
Near City Park (Centennial Park)
Near Paved Trail (Shiloh Trail)
Near Razorback Bus Stop (W Stone St & S Mobile Ln)
Appropriate Future Land Use
DISCUSSION:
At the December 08, 2025 Planning Commission meeting, a vote of 6-1-0 forwarded the request to City
Council with a recommendation of approval amending the original request for CS, Community Services to NS-
G, Neighborhood Services – General. Commissioners McGetrick and Madden voiced concerns from previous
zoning requests citing concern for intense zoning. Commissioners Brink and Castin voiced concerns regarding
lack of utility connections to the subject property. The applicant was amendable to the change. One member of
the public spoke at the meeting with concerns regarding flooding.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report, 7.
Additional Information - RZN-2025-0059 Topography Exhibit, 8. Additional Information - RZN-2025-0059 Utility
Easement Sewer 2023, 9. Additional Information - RZN-2025-0059 Conservation Easement & Covenants 2024
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2624
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2025-59 FOR APPROXIMATELY 1.37 ACRES LOCATED AT SOUTH FUTRALL DRIVE
IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO NS-G,
NEIGHBORHOOD SERVICES - GENERAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from RSF-4, Residential Single-Family, 4 Units
Per Acre to NS-G, Neighborhood Services – General.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-2624
Item ID
1/6/2026
City Council Meeting Date - Agenda Item Only
RZN-2025-0059: Rezoning (S FUTRALL DR/BARNES FAMILY TRUST, 519). Submitted by ECOLOGICAL DESIGN GROUP
for property located at S FUTRALL DR. IN WARD 1. The property is zoned RSF-4 RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE, and contains approximately 1.37 acres. The request is to rezone the property to NS-G,
Neighborhood Services, General.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
12/19/2025
Submitted Date
No
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TO:Fayetteville Planning Commission
THRU:Jessie Master, Planning Director
FROM:Citlali Samano, Planner
MEETING DATE:December 08, 2025
SUBJECT: RZN-2025-0059: Rezoning (S FUTRALL DR/BARNES FAMILY TRUST,
519): Submitted by ECOLOGICAL DESIGN GROUP for property located
at S FUTRALL DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE, and contains approximately 1.37 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends denial of RZN-2025-0059.
RECOMMENDED MOTION:
“I move to forward RZN-2025-0059 to City Council with a recommendation of denial.”
BACKGROUND:
The subject property, parcel 765-14620-000, is immediately east of I-49 and just over ¼ mile
south of Markham Hill Woods. The property has frontage along S. Futrall Drive, which is a one-
way street heading north and is ARDOT right-of-way. The subject property consists of
approximately 1.37 acres, and the request is to rezone the property from RSF-4, Residential
Single-Family, 4 units per acre, to CS, Community Services. The property has a history of denied
rezoning attempts, requests to UT, Urban-Thoroughfare in 2021 and 2022. The site is
undeveloped and has almost 100% tree canopy coverage. While the applicant argues the current
request would create a small-scale commercial transition area in a corridor that lacks services,
staff finds the rezoning inadequate because of existing infrastructure limitations, environmental
considerations, and inconsistency with adopted land use plans. Portions of the property lie within
the City’s Sign Overlay District, and a small portion lies within the Hillside/Hilltop Overlay District.
The property is not within a FEMA floodplain, floodway, nor within a Streamside Protection Zone.
Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Undeveloped NS-G, Neighborhood Services - General
South Interstate (I-49)RPZD, Residential Planned Zoning District
East Undeveloped R-A, Residential Agriculture
West Interstate (I-49)C-2, Thoroughfare Commercial (across the interstate)
Request:The request is to rezone the subject property from RSF-4, Residential Single-Family, 4
Units Per Acre, to CS, Community Services.
Public Comment:Staff have received no public comments.
Updated with PC results 10/08
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has road frontage along South Futrall Drive. South Futrall Drive
is a partially improved Neighborhood Link Street with asphalt paving with curb and
gutter. Any street improvements required in these areas would be determined at
the time of the development proposal. Any additional improvements or
requirements for drainage will be determined at time of development.
Water: Public water is not available to the Subject area.
Sewer: Sanitary Sewer is partially available through an 18” PVC and a 21” VCP within
the subject area. However, connection feasibility and required extensions would
need evaluation at development.
Drainage: The property is not within FEMA Floodplain or Streamside Protection Zone.
However, hydric soils are partially present. Hydric soil is a known indicator of
potential wetlands, and further environmental studies will be required at the time
of development. Before permits are issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Portions of the property lie within
the Hillside/Hilltop Overlay District, requiring additional restrictions and
engineered plans at time of development, as well as grading, erosion control, and
abbreviated tree preservation plans.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 6, located at 900 S Hollywood Ave., protects this site. The property is
located approximately 1 miles from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning districts, CS, Community Services require a 20% minimum
canopy preservation. The current zoning districts, RSF-4, Residential Single-
Family, 4 Units per Acre require a 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low-intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4-6 for this
site with a weighted score of 10. The following elements of the matrix contribute to the score:
x Adequate Fire Response (Station 6, located at 900 S Hollywood Ave.)
x Near Sewer Main (21” gravity main adjacent to the property)
x Near Public School (Ramay Junior High School)
x Near City Park (Centennial Park)
x Near Paved Trail (Shiloh Trail)
x Near Razorback Bus Stop (W Stone St & S Mobile Ln)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds that the proposed rezoning is
inconsistent with the goals of City Plan 2040 and incompatible with
surrounding land uses. The property has a history of rezoning attempts,
including a 2021 request to UT that was denied for reasons related to
building form and walkability requirements. A subsequent request to UT the
following year was also denied by Planning Commission and was withdrawn
by the applicant before going to City Council. Given the site’s limited access,
environmental constraints, and isolation from a cohesive commercial
pattern further reduces its compatibility with surrounding land uses. Given
the current surrounding land use and the distance to non-residential
services, there is decreased flexibility to approve the current rezoning
request. Therefore, staff finds the request a rezone approximately 1.37 acres
from RSF-4 to CS inconsistent with adopted plans. Prior rezoning requests
have consistently recommended a rezoning to Neighborhood Services –
Limited (NS-L) or Neighborhood Services – General (NS-G) to ensure
compatibility and incremental development at this site. Staff maintains this
recommendation for rezoning
The subject area has does have street frontage along S. Futrall Dr. and is a
partially improved Neighborhood Link Street with asphalt paving with curb
and gutter. It is important to note that S Futrall Dr is a one-way thoroughfare,
which inherently restricts direct connectivity. Any required street
enhancements in these areas would be determined at the time of a
development proposal. Furthermore, any additional improvements or
requirements for drainage will be determined at time of development.
Overall, the request present concerns as discussed in previous rezoning
requests. Staff recommends denial of this request.
Land Use Plan Analysis: Staff finds the proposed rezoning to be inconsistent
with the goals in City Plan 2040 and the property’s future land use
designation as a Residential Neighborhood area. Given the future land use
classification of these portions of the site, staff would recommend denial of
the request to stay in line with that plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Considering the property’s location, access, environmental prohibitions,
adjacent to major transportation infrastructure, and inconsistency with the
City’s adopted plans, staff finds inadequate justification for the rezoning.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from RSF-4 to CS has the potential to substantially increase
traffic to an area solely by S. Futrall Dr., which provides limited access and
inadequate capacity. Therefore, the rezoning could appreciably increase
traffic danger and congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The property does not have water access and may require sewer facility
upgrades. Increased development intensity under CS zoning would increase
demands on water, sewer, and fire service, without adequate existing
infrastructure. This represents an undesirable increase in service load.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
Finding: Land use at the site is incompatible with the surrounding area and does not
align with City Plan 2040. A proposed future development would likely
generate traffic that cannot be adequately supported, especially given the
limited access created by the one-way configuration of S. Futrall Dr.
Additionally, the property currently lacks water access, and existing sewer
and fire-service infrastructure are insufficient to meet the demands of a
proposed commercial use.
RECOMMENDATION: Planning staff recommends denial of RZN-2024-0059.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: December 08, 2025 ❒❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
x Project Maps
x One Mile Map
x Close-Up Map
x Current Land Use Map
x Future Land Use Map
x Unified Development Code
x §161.07 District RSF-4, Residential Single-Family, 4 Units per Acre
x §161.22 District CS, Community Services
x Applicant Exhibits
x Request Letter
with rec. to rezone to NS-G Cabe
Castin
6-1-0 (Madden in opposition)
161.07 - District RSF-4, Residential Single-Family - Four (4) Units Per Acre (modified)
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of these
types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
(C) Density.
Single-Family Dwellings
Unit per acre 4 or less
(D) Bulk and Area Regulations.
Single-Family Dwellings
Lot minimum width 70 feet
Lot area minimum 8,000 square feet
Land area per dwelling unit 8,000 square feet
Hillside Overlay District Lot
minimum width
60 feet
Hillside Overlay District Lot
area minimum
8,000 square feet
Land area per dwelling unit 8,000 square feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building Area.
On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground
mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and
Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further
amend this sunset, repeal and termination section.
161.22 - Community Services (modified)
(A) Purpose.
The Community Services District is designed primarily to provide convenience goods and personal services for
persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers
located along commercial corridors that connect denser development nodes. There is a mixture of residential and
commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96:
Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide
standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-
in/drive-through restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
Unit 48 Private dormitories
(C) Density. None.
(D) Bulk and Area Regulations .
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front A build-to zone that is located between 10 feet and a
line 25 feet from the front property line.
Side and rear None
Side or rear, when contiguous to a single-family
residential district
15 feet
(F) Building Height Regulations.
Building height maximum 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664,
2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945,
)
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Planning Commission
December 8, 2025
RZN-2025-0059 (BARNES FAMILY TRUST)
Page 6 of 14
Planning Commission
December 8, 2025
RZN-2025-0059 (BARNES FAMILY TRUST)
Page 6 of 14
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Planning Commission
December 8, 2025
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Planning Commission
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Planning Commission
December 8, 2025
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Planning Commission
December 8, 2025
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Planning Commission
December 8, 2025
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Planning Commission
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161.07 - District RSF-4, Residential Single-Family - Four (4) Units Per Acre (modified)
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of these
types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
(C) Density.
Single-Family Dwellings
Unit per acre 4 or less
(D) Bulk and Area Regulations.
Single-Family Dwellings
Lot minimum width 70 feet
Lot area minimum 8,000 square feet
Land area per dwelling unit 8,000 square feet
Hillside Overlay District Lot
minimum width
60 feet
Hillside Overlay District Lot
area minimum
8,000 square feet
Land area per dwelling unit 8,000 square feet
(E) Setback Requirements.
Planning Commission
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Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building Area.
On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground
mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and
Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further
amend this sunset, repeal and termination section.
161.22 - Community Services (modified)
(A) Purpose.
The Community Services District is designed primarily to provide convenience goods and personal services for
persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers
located along commercial corridors that connect denser development nodes. There is a mixture of residential and
commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96:
Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide
standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
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Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-
in/drive-through restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
Unit 48 Private dormitories
(C) Density. None.
(D) Bulk and Area Regulations .
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front A build-to zone that is located between 10 feet and a
line 25 feet from the front property line.
Side and rear None
Side or rear, when contiguous to a single-family
residential district
15 feet
(F) Building Height Regulations.
Building height maximum 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664,
2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945,
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§§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-
21; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21; Ord. No. 6879, §2, 5-20-25)
Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and
Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further
amend this sunset, repeal and termination section.
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ECOLOGICAL DESIGN GROUP WWW.ECOLOGICALDG.COM
Ecological Design Group
216 West Birch St,
Rogers, AR 72756
Date: 10/28/2025
Project: Futrall - Rezoning
Parcel Number: 765-14620-000
EDG Project No: #25-062
RE: Rezoning Request
To whom it may concern:
Ecological Design Group, on behalf of the Barnes Family Trust, requests the rezoning of parcel #765-
14620-000, from RSF-4 (Residential Single Family, four units per acre) to C-S (Community Services).
The property is currently zoned RSF-4 and is bordered by NS-G to the north, R-A to the east, and C-2 and
RMF-24 across the interstate to the west. The proposed C-S zoning would allow for a mix of commercial
and residential uses, aligning with the surrounding commercial and medium-high density residential
zones as well as complementing the intent of the NS-G zone to provide mixed use amenities for nearby
residential uses.
The proposed C-S zoning is compatible with surrounding land uses and therefore is not expected to
negatively impact neighboring properties. Instead, it would act as an extension of the neighboring NS-G
zone while reflecting the denser existing developments across I-49.
Sincerely,
Molly Pace
(479) 441-0197
Planning Commission
December 8, 2025
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Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
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Floor = 1291.73'
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FL = 1295.27'
Curb Inlet
North Ring = 1299.97'
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Section 18, T-16-N, R-30-W.
Curb Inlet
North Ring = 1314.59'
FL = 1309.26'
Curb Inlet
North Ring = 1307.27'
FL = 1302.06'
24" RCP
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24" RCP
24" RCP
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North Ring = 1307.27'
FL = 1302.84'
FL = 1303.20'
Curb Inlet
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FL = 1310.71'
FL = 1310.06'
FL = 1309.96'
FL = 1310.09'
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FL = 1306.35'
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Exception #12 & Exception #13
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Floor = 1293.88'
North Ring = 1304.98'
FL (Out) = 1292.34'
Floor = 1293.75'
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STATE OFARKANSASNO. 1737
SIGNATURE
R E G I STERED
PRO
F
E
S
S
IONAL L A N D S U RVEYOR
A
D
A
M
W.W H I T LOW
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the
Schedule B, Part I—Requirements are met. - NOT A SURVEY MATTER
2. General and special taxes for the year 2025 and subsequent years which are not yet due and payable. Taxes
for the year 2024 and prior years are paid. - NOT A SURVEY MATTER
3. Encroachments,violations, variations, overlaps, boundary line disputes, and any matters which would be
disclosed by an accurate survey and inspection of the premises. - AS SHOWN ON SURVEY
4. Easements, or claims of easements, not shown by the Public Records or which would be disclosed by an
accurate survey and inspection of the premises. - AS SHOWN ON SURVEY
5. Rights or claims of parties in possession not shown by the Public Records. - NOT PLOT-ABLE
6. Rights of tenants in possession under unrecorded leases solely as tenants and solely with respect to space
occupied by each such tenant, together with non-exclusive rights in common with other tenants in areas used by all
tenants). - NOT A SURVEY MATTER
7. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the Public Records. - NOT A SURVEY MATTER
8. Taxes or special assessments, if, any, which are not shown as existing liens by the Public Records. - NOT A
SURVEY MATTER
9. Loss arising from security interest evidences by Financing Statements and Liens filed of record as of the
effective date hereof, under the Arkansas Uniform Commercial Code in the State of Arkansas. - NOT A SURVEY
MATTER
10. Loss arising from and/or resulting from oil, gas and/or all other minerals, conveyed, retained, leased,
assigned or any other activity concerning the sub-surface rights or ownership, including but not limited to the right of
ingress or egress for said sub-surface purposes. - NOT A SURVEY MATTER
11. Ordinance No. 3806 established the overlay district to the U.S. 71 Highway corridor, filed July 15, 1994 as
Document 94042583, records of Washington County, Arkansas and unrecorded Ordinance No 5526 amending the
overlay district dated September 18, 2012. - NOT A SURVEY MATTER
12. Right of Way Grant, in favor of the City of Fayetteville, filed January 22, 1982 in Book 1053 at Page 633,
records of Washington County, AR. - AS SHOWN ON SURVEY
13. Right of Way Grant, in favor of the City of Fayetteville, filed September 20, 1979 in Book 1000 at Page 674,
records of Washington County, AR. - AS SHOWN ON SURVEY
14. Rights of the public and others to use that portion of the subject property, if any, lying within the right of way
of Futrall Drive and Fulbright Expressway (I-49 Highway) along the West side thereof. - AS SHOWN ON SURVEY
SCHEDULE B EXCEPTIONS
Referenced in Title Commitment 2510858-106 with an effective date of September
2nd, 2025, issued by Waco Title Company.
Legend
BASED UPON REVIEW OF THE NATIONAL FLOOD
INSURANCE PROGRAM (NFIP), FLOOD INSURANCE RATE
MAP (FIRM); PANEL 05143C0204G, EFFECTIVE JANUARY 25,
2024, THIS PROPERTY LIES WITHIN ZONE X.
Concrete Area
VICINITY MAP (1" = 500')
OPTIONAL TABLE 'A' ITEMS
ITEM NO. REQUIREMENT RESPONSE
Monuments placed (or a reference monument or witness to the
corner) at all major corners of the boundary of the surveyed
property, unless already marked or referenced by existing
monuments or witnesses in close proximity to the corner.
Address(es) of the surveyed property if disclosed in
documents provided to or obtained by the surveyor, or
observed while conducting the fieldwork.
Flood zone classification (with proper annotation based on
federal Flood Insurance Rate Maps or the state or local
equivalent) depicted by scaled map location and graphic
plotting only.
Gross land area (and other areas if specified by the client).
If the current zoning classification, setback requirements, the
height and floor space area restrictions, and parking
requirements specific to the surveyed property are set forth in a
zoning report or letter provided to the surveyor by the client or the
client's designated representative, list the above items on the plat
or map and identify the date and source of the report or letter.
Substantial features observed in the process of conducting
the fieldwork (in addition to the improvements and features
required pursuant to Section 5 above) (e.g., parking lots,
billboards, signs, swimming pools, landscaped areas,
substantial areas of refuse).
Evidence of underground utilities existing on or serving the
surveyed property as determined by:
markings coordinated by the surveyor pursuant to a private
utility located request
All set & found monuments shown on plat
Futrall Drive
Fayetteville, Arkansas
Zone X (see flood note)
1.83± Acres
See Zoning Information Note
Shown on plat
Shown on plat based on field locates.
1
2
3
4
5 Vertical relief with the source of information (e.g., ground survey,
aerial map), contour interval, datum, with originating benchmark,
when appropriate.
Ground survey elevations with 1'
interval contours - NAVD 88
6(a)
8
11(b)
Names of adjoining owners according to current tax records.
If more than one owner, identify the first owner’s name listed
in the tax records followed by “et al.”
Shown on plat13
Property Description
FURNISHED:
A part of the NW ¼ of the SE ¼ of Section 18, Township 16 North, Range 30 West, Washington County,
Arkansas, more particularly described as follows, to-wit: Beginning at the NE corner of said 40 acre tract,
and running thence South 1 degrees 18 minutes East along the East line of said 40 acre tract 753.30 feet to
the North line of U.S. Highway No. 71 by-pass, thence North 24 degrees 31 minutes West along the North
line of said by-pass 823.9 feet to the North line of said 40 acre tract, thence East along said 40 acre tract
325.74 feet to the point of beginning.
LESS AND EXCEPT that portion taken by the Arkansas State Highway Commission.
AS SURVEYED:
A part of the NW ¼ of the SE ¼ of Section 18, T-16-N, R-30-W, Washington County, Arkansas, being more
particularly described as follows: BEGINNING at a found stone for the Northeast Corner of said NW ¼, SE
¼, thence S02°50'28"W along the East line of said NW ¼, SE ¼ a distance of 598.51 feet to a found right of
way marker at the intersection of the East line of said NW ¼, SE ¼ and the Northeasterly right of way line of
Futrall Drive; thence along said right of way line the following 5 courses: (1) N19°33'01"W a distance of
31.20 feet to a found 5 8" rebar; (2) thence N20°53'59"W a distance of 299.69 feet to a found right of way
monument; (3) thence N17°52'49"W a distance of 134.43 feet to a found 5 8" rebar; (4) thence N30°30'06"W
a distance of 167.40 feet to a calculated point; (5) thence N21°18'36"W a distance of 32.89 feet to a set ½"
rebar (capped PS #1737) at the intersection of said right of way line and the North line of the NW ¼, SE ¼;
thence S87°06'25"E along said North line a distance of 285.57 feet to the point of beginning, containing 1.83
Acres, more or less, as shown on survey by PS #1737. Subject to all existing easements for roads or other
purposes.
To: Fortis Development Company, LLC, an Arkansas limited liability
company, Waco Title Company and Chicago Title Insurance Company:
This is to certify that this map or plat and the survey on which it is based
were made in accordance with the 2021 Minimum Standard Detail
Requirements for ALTA/NSPS Land Title Surveys, jointly established and
adopted by ALTA and NSPS, and includes items 1, 2, 3, 4, 5, 6a, 8, 11b and
13 of Table A thereof. The field work was completed on November 12th,
2025.
Dated:11-14-2025 Adam Whitlow PS #1737:
Surveyor's Certificate
I certify that this plat represents a survey in November, 2025, by me or under my supervision from existing
monuments and plats in the area, meets applicable Relative Positional Accuracy Standards, and is true and
correct based on existing monuments at the time of completion.
NOTES:
1. This survey is a re-tracement of a parcel listed in Deed 2002028098.
2. This survey and certification is the property of the surveyor and is intended for the use and
benefit of the surveyor and the clients listed.
3. The certification of this survey expires ninety days from the date of the surveyor's signature for
the purpose of new or revised financing.
4. All iron pins set are ½" Rebar, unless noted otherwise.
5. Only copies with surveyor's signature in blue ink are valid copies.
6. This research completed for this survey includes the description furnished by clients (Book
2002028098), and previous surveys by PS #1507.
7. Surveyor has made no investigation or independent search for easements of record,
Encumbrances, restrictive covenants, ownership, title evidence, or any other facts that an
Accurate and current title search may disclose.
8. The subject property has direct access to Futrall Drive a publicly dedicated and maintained right of
way.
General Notes
BASED ON INFORMATION PROVIDED BY THE CITY OF
FAYETTEVILLE THE SUBJECT PROPERTY LIES IN ZONE RSF-4.
SETBACKS
FRONT = 15'
SIDE = 5'
REAR = 15'
BUILDING HEIGHT MAXIMUM = 3 STORIES
Found ½" Rebar (unless noted)
Found Stone with Chiseled "X"
Set ½" Rebar (capped #1737)
Calculated Point
Power Pole
Water Valve
Fire Hydrant
Water Meter
Sanitary Sewer Manhole
Sanitary Sewer Line
Water Line
Gas Line
Fence Line
Storm PipeGuy Wire
Overhead Power Line
Right of Way Line
Found Right of Way Monument
Storm Drain Manhole
Fiber Optic Sign
11/14/25
BASIS OF BEARINGS DERIVED FROM GPS AR NORTH.
ELEVATIONS DERIVED FROM NAVD 88.
SURVEY CODE:
500-16N-30W-0-18-240-72-1737
Approx.
9.4%
1
3
2
1
3
2
1
3
2
6
1
3
2
6
Approx.
6.0%
Approx.
9.3%
Approx.
14.0%
Approx.
11.2%
*Slope arrows and
approximate slope
percentages calculated and
added by Fayetteville staff
after surveyor stamping
Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
30
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Parcel Nos. 765-14617-0001765-145954)00
UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT Markham Residential Owner LLC 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, does hereby
GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, a permanent easement to construct, lay, remove, relay,
Inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines,
manholes, grantee owned fiber optic equipment and appurtenances thereto,
Crantes on, over, across, and under the following described land situated in the
ounty of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION:
llflllllllll'�lll{1ll!l111{{Illll 1!!fll'1 l'�1{ 1>il liillllllllll !!ill{,11111
Doc ID: 020929690012 Type: REL
-Kind: EASEMENT
Recorded: 01/17/2023 at 11:24:24 AM
Fee Amt: $70.00 Paqe 1 of 12
Washington County, AR
Kyle Sylvester Circuit Clerk
File2023-00001435
TRACT 4 OF A PROPERTY LiNE ADJUSTMENT IN RECORDED FILE #024A-00000237:
Part of the Northwest Quarter (NW114) of Section 17, part of the Northeast Quarter (NEi/4) of Section 18, and part of the
Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section 18, all in Township 16 North, Range 30 West, of the
Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows:
COMMENCING at the Northwest Comer of Section 17; THENCE by bearing and distance (basis of bearing, Grid North),
South 02°44'08" West along the west line thereof a distance of 663.96 feet to the POINT OF BEGINNING;
THENCE leaving said west line, South 86°59'32" East a distance of 661.06 feet;
THENCE South 02"45'33" West a distance of 132.00 feet;
THENCE South 86"59'32" East a distance of 661.00 feet to the east line of the Northwest Quarter of the Northwest
Quarter (NW114 NW114) of said Section 17;
THENCE North 02°46'58" East along said east line a distance of 97.75 feet;
THENCE leaving said east line, South 87023'32" East a distance of 480.55 feet;
THENCE South 02041'24" West a distance of 435.94 feet;
THENCE North 87°50'49" West a distance of 451.98 feet;
THENCE South 02'09'11" West a distance of 71.62 feet;
THENCE North 87°50'49" West a distance of 195.58 feet;
THENCE South 02'09'11" West a distance of 47.75 feet;
THENCE South 62°3V11" West a distance of 126.36 feet to a point on the south line of said Northwest Quarter of the
Northwest Quarter (NW114 NW114) of Section 17;
THENCE South 62°3V11" West a distance of 141.46 feet;
THENCE North 87950'49" West a distance of 371.33 feet;
THENCE South 0200911" West a distance of 720.20 feet;
THENCE South 87°5049" East a distance of 217.06 feet;
THENCE South 03°4549" West a distance of 30.90 feet;
THENCE South 86°14'11" East a distance of 94.71 feet;
THENCE South 03°26'29" West a distance of 100.20 feet;
THENCE South 86024'36" East a distance of 100.00 feet;
THENCE North 03°26'29" East a distance of 99.89 feet;
THENCE South 86'14'11' East a distance of 76.29 feet;
THENCE North 03°45'49" East a distance of 105.00 feet;
THENCE South 86*14'11" East a distance of 266.05 feet to the east line of the Southwest Quarter of the Northwest
Quarter (S W 114 N W 114) of said Section 17;
THENCE South 03'36'12" West along said east line a distance of 256.38 feet;
THENCE leaving said east line, North 87°4TI9" West a distance of 293.29 feet;
THENCE South 03°42'20' West a distance of 335.48 feel to the south line of said Southwest Quarter of the Northwest
Quarter (SW1/4 NW114) of Section 17;
THENCE North 87023'27" West along said south line a distance of 409.36 feet;
THENCE leaving said south line, North 0200911" East a distance of 173.96 feet;
THENCE North 47°50`49" West a distance of 93.39 feet;
THENCE South 72'09'111" West a distance of 88.50 feet;
THENCE North 64050'49" West a distance of 130.22 feet;
THENCE North 25"50`49" West a distance of 36.00 feet;
File Number- 202300001435 Page 1 of 12
THENCE North 87°50'49" West a distance of 165.06 feet;
THENCE South 25!09'11" West a distance of 201.57 feet;
THENCE South 42'09'11" West a distance of 522.48 feet;
THENCE North 87°50'49" West a distance of 173.85 feet;
THENCE North 37°50'49" West a distance of 284.70 feet;
THENCE North 21 °36'54" West a distance of 142.87 feet;
THENCE North 02009'110 East a distance of 337.61 feet;
THENCE North 28009'11" East a distance of 234.24 feet;
THENCE North 03°5049" West a distance of 220.77 feet;
THENCE North 15050'49" West a distance of 272.31 feet;
THENCE North 02'09'11" East a distance of 265.40 feet to the south line of the Northeast Quarter of the Northeast
Quarter (NE1/4 NE114) of Section 18;
THENCE South 87°18'19" East along said south line a distance of 40.30 feet;
THENCE leaving said south line, North 02°44'08" East a distance of 345.45 feet;
THENCE North 57°2T09" East a distance of 466.15 feet;
THENCE South 87°50'49" East a distance of 279.49 feet to the east line of said Northeast Quarter of the Northeast
Quarter (NE1/4 NE1/4) of Section 18;
THENCE North 02°44"08 East along said east line a distance of 42.92 feet to the POINT OF BEGINNING.
TRACT 6 OF A_PROPERTY LINE ADJUSTMENT IN RECORDED FILE #024A-00000237
Part of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4) of Section 17, part of the Southeast Quarter of
the Northeast Quarter (SE1/4 NE114) of Section 18, and part of the North -half of the Northeast Quarter of the Southeast
Quarter (N1/2 NE114 SE1/4) of Seddon 18, all in Township 16 North, Range 30 West, of the Fifth Principal Meridian,
Washington County, Arkansas, being more particularly described as follows:
COMMENCING at the Northeast Comer of said Section 18; THENCE by bearing and distance (basis of bearing, Grid
North), South 02°44'08" West along the east line of said Section 18 a distance of 1,323.96 feet to the northeast comer of
said Southeast Quarter of the Northeast Quarter (SE114 NE114) of Section 18; THENCE North 8701 B'19° West along the
north line of said Southeast Quarter of the Northeast Quarter (SEi/4 NEi/4) a distance of 700.30 feet to the POINT OF
BEGINNING;
THENCE leaving said north line, South 02*09'11" West a distance of 265.40 feet; THENCE South 15°50'49" East a
distance of 272.32 feet;
THENCE South 03050'49" East a distance of 220.76 feet;
THENCE South 28009'11" West a distance of 234.24 feet;
THENCE South 02°09'11" West a distance of 337.61 feet;
THENCE South 21 '36'54" East a distance of 142.87 feet;
THENCE South 37"50`49" East a distance of 284.70 feet;
THENCE South 87°5049" East a distance of 173.85 feet;
THENCE North 42°09'11" East a distance of 522.48 feet;
THENCE North 25009'11" East a distance of 201.57 feet;
THENCE South 87050`49" East a distance of 165.06 feat;
THENCE South 25°50'49" East a distance of 36.00 feet;
THENCE South 64'50'49" East a distance of 130.22 feet;
THENCE North 7200911" East a distance of 88.60 feet;
THENCE South 47°50'49" East a distance of 93.39 feet;
THENCE South 02*09'11" West a distance of 173.96 feet to the south line of said Southwest Quarter of the Northwest
Quarter (SW114 NW1/4) of Section 17;
THENCE North 87023'27" West a distance of 601.18 feet to the southwest corner of said Southwest Quarter of the
Northwest Quarter (SW1 /4 NW114);
THENCE South 02°48'06" West a distance of 656.59 feet to the southeast comer of said North -half of the Northeast
Quarter of the Southeast Quarter (N112 NE114 SE1/4) of Section 18;
THENCE North 87'1013" West along the south line of said North -half of the Northeast Quarter of the Southeast Quarter
(N1/2 NE114 SE1/4) a distance of 1,289.23 feet;
THENCE leaving said south line, North 20°4T40" West a distance of 67.86 feet to the west tine of said North -half of the
Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4);
THENCE North 02°50'27" East a distance of 598.41 feet to the southwest comer of said Southeast Quarter of the
Northeast Quarter (SE114 NE1/4) of Section 18;
File Number: 202300001435 Page 2 of 12
THENCE North 02"56'03" East a distance of 1,323.09 feet to the northwest corner of said Southeast Quarter of the
Northeast Quarter (SE1/4 NE1/4);
THENCE South 87°18'19" East along the north line thereof a distance of 608.88 feet to the POINT OF BEGINNING.
PERMANENT EASEMENT DESCRIPTION:
A 1.79-acre utility easement being a portion of Tracts 4 & 6 of the Property Line Adjustment of Markham Hill, located in
the City of Fayetteville, and as recorded in File #024A-00000237 Washington County, Arkansas, and being described by
metes and bounds as follows:
BEGINNING at a 2-inch aluminum cap LS1507 found on the northeast right-of-way of S. Futrall Dr., also being the most
southern southwest comer of aforementioned Tract 6;
THENCE along said right-of-way, North 20"45'32" West, 56.75 feet;
THENCE leaving said right -of --way, South 70°45'38" East, 44.95 feet;
THENCE North 64°58'47" East, 357.32 feet;
THENCE South 88"46'45" East, 610.11 feet;
THENCE North 53044'23" East, 329.47 feet;
THENCE North 36015'37" West, 5.00 feet;
THENCE North 53044'23" East, 11.06 feet;
THENCE North 15"15'54" East, 127.75 feet;
THENCE North 02°00'01" East 154.93 feet;
THENCE North 26'12'56" East, 283.14 feet;
THENCE North 44055'09" East,135.53 feet;
THENCE North 18041'44" East, 80.01 feet;
THENCE North 05004'31" West, 398.03 feet;
THENCE North 54022'22" East, 168.26 feet;
THENCE South 75°58'44" East, 313.26 feet to the east boundary line of said tract 4, being the west boundary line of tract
1 of said plat;
THENCE with Bald common boundary line, South 02°09`15" West, 28.10 feet;
THENCE leaving said common boundary line, North 75°58'44" West, 303.03 feet;
THENCE South 54°22'22" West, 143.44 feet;
THENCE South 05°04'31" East, 224.75 feet;
THENCE South 84°55`29" West, 2.50 feet;
THENCE South 05°04'31" East, 159.92 feet;
THENCE South 18"29'56" West, 90.49 feet;
THENCE South 44°55'09" West, 137.92 feet;
THENCE South 26'12'56" West, 273.56 feet;
THENCE South 02000'01" West, 152.48 feet;
THENCE South 15*1VW West, 147.42 feet;
THENCE South 53"44'23" West, 351.44 feet;
THENCE North 88"46'45" West, 612.77 feet;
THENCE South 64058'47" West, 348.04 feet;
THENCE South 40'47'57" West, 23.87 feet
THENCE continuing North 87*10'39" West, 20.45 feet to the POINT OF BEGINNING and containing 77,803 square feet
or 1.79 acres, more or less.
File Number: 202300001435 Page 3 of 12
Together with the rights, easements, and privileges In or to said lands which may be required for the full enjoyment of the
rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes herelnabove set forth.
The said Grantor Is to fully use and enjoy the said premises except for the purposes herefnbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed slush with the surface of the ground except In bottom lands where they shall be at
a height above high water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey, no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
File Number: 202300001435 Page 4 of 12
.WITNESS, the•execution hereof on this the 1.09<•• Clay of Pf eM 6 E+O—• ; 20 22i-� ;
:. ankh Re" ntial Owner, LLC
FPt e p int or type N me and Ti e] :
- I
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss,
COUNTY• 'OF" WASHINGTON •
BE IT REMEMBERED'Ahat:on this date; -before the undersigned, a duly commissioned'acid acting Notary Public -"
within arid'for said County and Slate,°personally appeared:.-SUf_ � • to me well_ known - as the
person who the foregoing document, and who stated and a knowledged that he/she is the' Mi:�4o�gtie__L
of Markham Resfdentfal'Owner; LLC; and Is duly:authorized•in hislher.capacities to execute,the"
foregfling instrument for•arid-In the name and _behalf of said- corporation; and further. stated -and acknowledged that helshe. "
had so signed, dkecuted and•delivered said instiument•for the consideratidn,.usesand.purposes.therein'mention6d and -
set forth. .
WITNESS'my-hand and seal on this day of � ti��M�t 20
MY COMMISSION EXPIRES:
.Z. 203Zr Notary Pub
Ily�HU ,
017
D: Ll
#1,2
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•• - •.. • - .: - • - ..: - .. . • . • :. -. - , . • - • ..,�., cep• •.�s 08 �'. •'- ��•`� • • . _ � • • • • : . -
fall
y 4litti`{
File Number- 202300001435 Page 5 of 12
EXHIBIT "A"
UTILITY EASEMENT DESCRIPTION
A 1.79-acre utility easement being a portion of Tracts 4 & 6 of the Property Line Adjustment and
Plat of the land situated in the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) and
the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 18, and the
Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of Section 17, all being in
Township 16 North, Range 30 West, Washington County, Arkansas as recorded in File #024A-
00000237, being known as Markham Residential Owner, LLC as recorded in Deed Book 2019,
Page 19034, and being described by metes and bounds as follows:
BEGINNING at a 2-inch aluminum cap LS1507 found on the northeast right-of-way line of S.
Futrall Dr., North 20°45'32"
West, 56.75 feet;
THENCE leaving said right-of-way line, South 70°45'38" East, 44.95 feet;
THENCE North 64058'47"
East, 357.32 feet;
THENCE South 88°46'45"
East, 610.11 feet;
THENCE North S3°44'23"
East, 329.47 feet;
THENCE North 36015'37"
West, 5.00 feet;
THENCE North 53044'23"
East, 11.06 feet;
THENCE North 15015'54"
East, 127.75 feet;
THENCE North 02000'01"
East, 154.93 feet;
THENCE North 26012'56"
East, 283.14 feet;
THENCE North 44°55'09"
East, 135.53 feet;
THENCE North 18041'44"
East, 80.01 feet;
THENCE North 05004'31"
West, 398.03 feet;
THENCE North 54022'22"
East, 168.26 feet;
THENCE South 75058'44"
East, 313.26 feet to the east boundary line of said tract 4, being the
west boundary line of tract
1 of said plat;
THENCE with said common boundary line, South 02°09'15" West, 28.10 feet;
THENCE leaving said common
boundary line, North 75°58'44" West, 303.03 feet;
THENCE South 54°22'22"
West, 143.44 feet;
THENCE South 05°04'31"
East, 224.75 feet;
THENCE South 84°55'29"
West, 2.50 feet;
THENCE South 05004'31"
East, 159.92 feet;
THENCE South 18°29'56"
West, 90.49 feet;
THENCE South 44°55'09"
West, 137.92 feet;
THENCE South 26'12'56"
West, 273.66 feet;
THENCE South 02°00'01"
West,152.48 feet;
THENCE South 15°15'54"
West, 147.42 feet;
THENCE South 53°44'23"
West, 351.44 feet;
THENCE North 88046'45"
West, 612.77 feet;
File Number- 202300001435 Page 6 of 12
THENCE South 64058'47" West, 348.04 feet;
THENCE South 40047'57" West, 23.87 feet
THENCE continuing North 87°10'39" West, 20.45 feet to the POINT OF BEGINNING and
containing 77,803 square feet or 1.79 acres, more or less.
File Number: 202300001435 Page 7 of 12
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NOTE: - .
-It is td be understood that this sketch is descriptive only of NE "D.."
'the size, shape and location of the.easement and does not MATCHLI
—A. i — . —
' ^' MATCHLINE „'.'
• constitute a plat'or survey of the Grantors- property- - k . - -
TRACT 4-
E^ FILE #024A-00000
:.
�,•:•:•,� a PARCEL #765-14536-
MARKHAM. RESIDENTIAL 0
DEED BK. 2p19, PG _1
LD
TRACt 4 l
FILE #024A-00000237 - l• ' ;.'� ti 1�a
'PARCEL #765-'14617-000', AN
MARKHAM RESIDENTIAL OWNER, LLC
DEED BK. 2019; P.G.19034
0' `: - 100' 150' 200' %''.1'L' UTILITY EASEMENT
- / • .. , .. PER THIS DOCUMENT
77-$03 SQ. FT.+ OR 1:79 AC.+ '
SCALE IN -FEET/':',' ' , .
- ;
• _ y : : /: %'�� PARCEL #•765-14548-007 ,
MARKHAM-RESIDENTIAL'OWNER, LLC -
: ���,ti� ��•`•'. h : DEED BK. 2019 PG. 19034_
_ — — ` . ++�• •;�` MATCHLINE "C" :
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IF,�
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ROW
File Number: 202300001435 Page 10 of 12
Exhibit "B"•
;
SHEETTITLE
PROFMONM OF RECORD,
03
SHEET NUMBER
DESIGNCR
TLP
- FIELDWORK
10E
,
CEiPROJECFNUMM
3M3
•'
DATE
10/25/20P1
3
,
-
REvisioN . . .
. ' REVd
.. �F ' - . 5:
It is to be understood that this sketch is descriptive onlyof
the size, shape and location of the eosement and does not
constitute a plot or survey of the Grantors' property. _
0 : 100' 150' 200'
SCALE IN FEET
V112"REBAR.
. N .
N '
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.................. 30 6�.... . .
:•: ; _ UTILITY EASEMENT
• • PER THIS DOCUMENT
77,803 SQ. FT.t OR 1.79 AC.+
Ln
0441• to
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MATCHLINE Tt' _ H
MAT.CHLINE T" .
ZA
EL10
TRACT 4 .
Lxl
An FILE m24A-bo000237
PARCEL #765-14536-000
MARKHAM �RESIDENTIAL OWNER, LLC DEED BK. 2019, PG. 19034
tk
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�0 112"REBAI?
CAP1507
Utility Easement Exhibit.
x g Ma' kham Residential Owner LLC
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File Number: 202300001435 Page 11 of 12
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Exhibit "B"
SHEET TITLE
PR0FM0N4OrRIEORD
AB
SHEET NUMBER
_ rRLOWORK
JEc
CEO PROTECT NUMBER
31033
DATE .1VI
W12
5
1EVm0N
REV-0 4
:.OF
- Legend
Boundary Line.'
- -- ' - Adjoining Boundary Line - . -
- -- — — — , Easement Line
_ Section Line - ..
:•'Section Line (1/4j. ..
0 -
Fourid'Stone (As Noted)'
_ 0 .
' .Found Aluminum•Cap (As Noted)
:
Found.Monument (As Noted)_ _
O
Bearing & Distance Change.
N
Easement Line.Table '''
LINE
BEARING
DISTANCE
EL1.
' N2045'32"W .:
"56.75'
-EL2
•-.570°4539"E ..
-44.95' '
EL3.
'N36'15.37"W.
- 5.00" ,
EL4
N5344'23 "E'
EL5.
' .N1S"15'54"E:
: 127.-75'
-EL6-'
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File Number: 202300001435 Page 12 of 12
Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
30
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Upon recording return to:
Northwest Arkansas Land Trust
1725 Smokehouse Trail
Fayetteville, Arkansas 72701
479-966-4666
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Doc ID: 011504650025 Type: REL
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Recorded: 10/14/2o24 at 04:20:42 PM
Fee AMt: $135.00 Page 1 of 25
Nashingto$ County, AR
Kyle Sylvest/e�r Circuit cllerkQ
File2Q24-00026 V 66
GRANT OF CONSERVATION EASEMENT
AND DECLARATION OF COVENANTS
THIS GRANT OF CONSERVATION EASEMENT AND DECLARA ION OF
COVENA�N,TS (the "Conservation Easement" or "Easement") dated this I day of
Cb b-01 , 2024 (the "Easement Date") by and between MARKHAM RESIDENTIAL
OWNER LLC, an Arkansas Iimited liability company ("Owner"), which shall include any
successor in interest to the Owner executing this Easement, and the NORTHWEST ARKANSAS
LAND TRUST, an Arkansas non-profit corporation ("Holder"), for the purpose of forever
conserving the Conservation Purposes of the Property (both hereinafter defined).
ARTICLE I
BACKGROUND
1.01 Defined Terms. Initially capitalized terms not defined in this Article I are defined in
Article IX.
1.02 Protected Property. Owner owns in fee simple certain real property, more particularly
described in Exhibit "A" attached hereto (the "Property").
1.03 Easement; Covenants.
(a) Easement. By this Easement, Owner grants and conveys to Holder an
unconditional and perpetual easement upon the Property for the purpose of advancing the
Conservation Purposes described below (the "Conservation Purposes"). The Conservation
Easement empowers Holder to prevent and terminate activities, uses, and Improvements
inconsistent with the Conservation Purposes. Article VI more fully describes the rights this
Easement vests in Holder. It is the purpose of the Owner and Holder to avail themselves of the
provisions of the Arkansas Conservation Easement Act, Ark. Code Ann. § 15-20-401 et seq.,
without intending that the existence of this Conservation Easement be dependent on the continuing
existence of that law.
(b) Owner Covenants. By this Easement, Owner, in furtherance of the Conservation
Purposes, establishes covenants binding upon Owner's interest in the Property, which are set forth
in Articles II through Article III. Article VII addresses potential violation of these covenants and
remedies.
(c) Holder Covenants. By this Easement, Holder accepts the Conservation Easement
and, in furtherance of the Conservation Purposes, establishes covenants binding upon Holder's
easement interest in the Property, which are set forth in Article VI.
File Number: 202400026866 Page 1 of 25
1.04 Easement Plan. Attached as Exhibit "B" is a graphic depiction of the Property subject to
the Easement (the "Easement Plan") .
1.05 Conservation Purposes. The Conservation Purposes of this Conservation Easement are
(i) to protect the "Conservation Values" (hereinafter defined and described), and other significant
conservation interests (except to the extent it is necessary to impair such other conservation
interests to protect the Conservation Values); and (ii) to limit the use of the Property to those uses
and activities that are consistent with such Conservation Values and interests.
More specifically, the Conservation Values and related Conservation Purposes, include the
following, and are further detailed in the Baseline Documentation Report described in Article L
Section 1.06.
(a) Resource -Specific.
(i) Water Resources. The Property is located in the West Fork White River
watershed, which drains into Beaver Lake. Lands in the West Fork White River watershed
are identified as a high priority for land conservation in the Beaver Lake Watershed
Protection Strategy, approved by the U.S. Environmental Protection Agency. It is among
the Conservation Purposes to maintain and improve the quality of water resources, both
surface and groundwater, within, around, and downstream from the Property, particularly
the protection of water quality of Beaver Lake, a Corps of Engineers impoundment that is
a public source of drinking water and popular for boating, fishing and swimming.
(ii) BiologicaI Resources. The Property includes approximately 39.67+/- acres
of oak -hickory forest. It is among the Conservation Purposes to protect and improve the
quality of relatively natural habitat of fish, wildlife, or plants, or similar ecosystems,
including animals, fungi, other organisms, and particularly Native Species.
(iii) Scenic Resources. The public is afforded scenic views of the forested
property from Interstate 49. It is among the Conservation Purposes to further the
preservation of Open Space by protecting the scenic views of the Property visible from
public rights -of -way and other public access points outside the Property.
(iv) Ecosystem Services. To contribute to the resiliency and functioning of
natural processes important to human systems, to retain, detain, and disperse stormwater
runoff, thus mitigating erosion and flooding downstream of the Property, and to sequester
carbon in plants and soil to mitigate rising atmospheric carbon levels.
1.06 Baseline Documentation. The specific Conservation Values of the Property and its current
use and state of Improvement are further documented in a Baseline Documentation Report (the
"Baseline Documentation Report" or "Report') prepared by Holder and to be kept at the
principal office of Holder. As of the Easement Date, Owner and Holder have signed and
acknowledged the Report to be complete and accurate as of the Easement Date. The Report
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File Number: 202400026866 Page 2 of 25
includes reports, maps, photographs, and other documentation, to be used by Holder to assure that
any future changes in the use of the Property will be consistent with the terms of this Conservation
Easement. Notwithstanding the foregoing, the Report shall not be used to preclude the use of other
evidence to establish additional Conservation Value of the Property now or in the future. The
Report is incorporated by reference herein as if restated in full.
1.07 Federal Tax Items. The undersigned Owner and Holder confirm that the Conservation
Easement is not intended to be a qualified conservation contribution under the Code and
Regulations.
1.08 Consideration. Owner acknowledges receipt, as of the Easement Date, of good and
valuable consideration for this Easement, including, but in no way limited to, the public benefit
obtained, the covenants set forth in Article IV, and perpetual satisfaction of the Conservation
Purposes. Notwithstanding the foregoing, Owner has received no monetary or other tangible
economic benefit from Holder in exchange for the donation of this Conservation Easement.
1.09 Superior to all Liens. Owner warrants to Holder that the Property is, as of the Easement
Date, free and clear of Liens and mortgages or, if it is not, that Owner has obtained and recorded
in the Public Records the legally binding subordination of the Liens affecting the Property as of
the Easement Date.
ARTICLE II
TRANSFER; SUBDIVISION
2.01 Prohibitions. Owner is prohibited from taking the following actions, except as may be
specifically permitted in Section 2.02. Owner may not:
(a) Transfer of Portion of Property. Transfer any part of the Property separate from
any other part of the Property;
(b) Subdivision. Change the boundary of the Property or Subdivide the Property;
(c) Transfer of Density. Use the acreage protected under this Easement to increase
allowable density or intensity of development within the Property or outside of the Property;
provided the following restriction in Section 2.01(c) will not limit, inhibit, or prevent the transfer
of density to adjacent real estate ("Markham Hill") as contemplated by and inherent in that certain
Bill of Assurance dated September 18, 2018 by and between the City of Fayetteville and
Specialized Real Estate Group, Inc. (`Bill of Assurance") as further contemplated in that certain
City of Fayetteville Ordinance 6095, passed and approved on October 2, 2018 and recorded in the
Real Property Records of Washington County on June 24, 2019 as File 2019-00018266 (the
"Markham Ordinance" and collectively with the Bill of Assurance, the "Markham Rezoning");
(d) Transfer of Rights. Transfer of development rights or other rights granted or
allocated to the Property in support of development outside the Property; provided the following
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File Number: 202400026866 Page 3 of 25
restriction in Section 2.01(d) will not limit, inhibit, or prevent the transfer of development rights
or other rights granted or allocated to the Property, specifically including but not limited to rights
satisfying tree preservation obligations, to the adjacent property described in the Markham
Rezoning.
(e) Mining Prohibited. There shall be no mining by surface, subsurface, or any other
means anywhere on the Property.
2.02 Permitted Changes. Owner is permitted to undertake the following uses and activities on
the Property:
(a) Lots within Property. Merge two (2) or more parcels into one (1), or, subject to
Review, reconfigure of one (1) or more of the boundaries of such parcels, as long as the boundary
of the Property as described in Exhibit "A" remains unchanged;
(b) Transfer to Qualified Organization. Subject to approval at the Holder's sole
discretion, create and transfer a Lot to a Qualified Organization for park, nature preserve, public
trail, or other conservation purposes approved by Holder; and
(c) Transfer of Rights of Possession or Use. Subject to Review, transfer of possession
or use (but not ownership) of one or more portions of the Property for purposes permitted under,
and subject to, compliance with the terms of this Easement.
(d) Transfer of Certain Development Rights. As contemplated by the exclusions set
forth in Section 2.01(c) and Section 2.01(d) above, Owner intends to encumber the Property with
additional tree preservation restrictions as development proceeds on the adjacent property
described in the Markham Rezoning as described in Section 2.01(d).
2.03 Requirements.
(a) Establishment of Lots for Transfer to Qualified Organization; Allocations.
Prior to transfer of a Lot following a Subdivision, Owner must (i) furnish Holder with the plan of
Subdivision approved under Applicable Law and legal description of each Lot created or
reconfigured by the Subdivision; (ii) mark the boundaries of each Lot with permanent markers;
and (iii) allocate in a document recorded in the Public Records those Iimitations applicable to more
than one Lot under this Easement. This information will become part of the Baseline
Documentation Report incorporated into this Easement.
(b) Amendment. Holder may require Owner to execute an Amendment of this
Easement to reflect a change to the description of the Property set forth in Exhibit "A." or other
changes and allocations resulting from Subdivision, that are not established to the reasonable
satisfaction of Holder by recordation in the Public Records of the plan of Subdivision approved
under Applicable Law.
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File Number: 202400026866 Page 4 of 25
ARTICLE III
RESERVED USES AND ACTIVITIES
3.01 Improvements. Improvements within the Property are prohibited except as permitted in
this Section 3.01.
(a) Existing Improvements. Existing Improvements, identified in "Exhibit B" and the
Baseline Documentation Report, may be maintained, repaired, and replaced in their existing
locations.
(b) Existing Servitudes. Improvements that Owner is required to allow because of an
Existing Servitude are pennitted.
(c) Additional Improvements. The following Additional Improvements are
permitted:
(i) Fences and gates not to exceed five feet (Y) in Height or such greater Height
as is approved by Holder after for purposes of reasonable and customary access control
and protection of resources. Fencing shall minimize adverse effects of fragmentation of
habitat and facilitate the movements of wildlife across the Property;
(ii) Signs, other than Regulatory Signs, are limited to a maximum of eight (8)
square feet per sign and a total of thirty-two (32) square feet for the entire Property;
(iii) Trails covered, if at all, by wood chips, gravel, or other highly porous
surface. Trails must be designed for non -motorized use, must largely blend into natural
surroundings and be located in a manner to control soil erosion, avoid damage to fragile
plant communities and reduce the fragmentation of wildlife habitat;
(iv) Trail signs to mark the trail, to provide information regarding restrictions,
and for interpretive purposes. Signage shall be unobtrusive in nature and planned with the
express goal of minimizing impact to the vistas and Open Space nature of the Property.
(v) Benches, picnic tables, wastebaskets and bicycle racks, as may be deemed
necessary. All other trail facilities are subject to Review and approval. The design, location
and density of trail facilities shall be architecturally consistent with the natural setting of
the Property and planned with the express goal of minimizing impact to ecologically
significant areas and species of special concern, and ensuring the vistas and Open Space
nature of the Property.
(vi) Habitat enhancement devices such as birdhouses and bat houses;
(vii) Subject to Review, footbridges, stream crossings, and stream access
structures;
(viii) Wildlife viewing structures, such as viewing platforms and bird blinds;
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File Number: 202400026866 Page 5 of 25
(ix) Utility Improvements to service Improvements within and outside the
Property. The final location of the Utility Improvement must be approved by the Holder
before site work or construction begins.' Utility Improvements must be underground, or
subject to Review, may be aboveground where it is not reasonably feasible to install them
underground; and
(x) Subject to Review, the issuance of any access, utility, use or other
easements, whether temporary or permanent, which may be necessary to grant third -parties
or the public, as applicable, access to the Property for the purpose of constructing,
installing, maintaining, using, or accessing any of the Improvements which are permitted
under this Article III.
3.02 Activities and Uses. Activities and uses are prohibited except as permitted below in this
Section 3.02 and provided in any case that: (i) the intensity or frequency of the activity or use does
not materially and adversely affect maintenance or attainment of Conservation Purposes, and (ii)
no Invasive Species are introduced.
(a) Existing Servitudes. Activities and uses that Owner is required to allow because
of an Existing Servitude are permitted.
(b) Resource Management and Disturbance. The following activities and uses are
permitted:
(i) Forestry Activities. Sustainable Forestry is permitted in accordance with a
Resource Management Plan approved by Holder after Review. Sustainable Forestry
includes managing forested land by selective cutting, pruning, and planting, including
control of active fire, and prevention of fire or disease. Owner may cut or remove trees
without a Resource Management Plan, but only if the aggregate bark diameter of stumps
(one foot above the ground on the uphill side) does not exceed 200 inches per year. All
such forest management activities shall be conducted in accordance then current Best
Management Practices published by the Arkansas Forestry Commission, or a future
equivalent approved by Holder and by using silviculture methods designed to retain the
natural forested character of the area. In addition, all activities must follow the following
forest management guidelines:
(A) Maintain and/or foster vertical and age diversity of forest stands;
(B) Minimize disturbance to naturally occurring seedlings and saplings
as necessary to assure adequate regeneration of native species;
(C) Preserve intact, fully functional riparian areas and wetlands;
(D) Maintain adequate vegetated buffers along streams, vernal pools,
waterbodies, and wetlands in order to provide shading and prevent erosion;
File Number: 202400026866 Page 6 of 25
(E) Foster Native Species to the area and soils;
(F) Protect the hydrological systems, especially surface water bodies
and fish passage;
(G) Avoid disturbance to known threatened, rare or endangered plant or
animal species and their habitat; and
(H) Minimize disturbance to organic and mineral soils on the Property
by conducting harvesting and removal on stable ground.
(ii) Construction or other disturbance of resources, including cutting of trees,
only to the extent reasonably prudent to remove, mitigate, or warn against an unreasonable
risk of hann to Persons, their belongings, or health of Native Species on or about the
Property. Owner must take such steps as are reasonable under the circumstances to consult
with Holder prior to taking actions that, but for this provision, would not be permitted or
would be permitted only after Review. Removal of Invasive Species is permitted;
(iii) Planting, replanting, and maintaining Native Species;
(iv) Subject to Review, removal of vegetation to accommodate replanting as
permitted in this article.
(v) Construction of permitted Improvements with prompt restoration of soil and
vegetation disturbed by such activity;
(vi) Vehicular use in the case of emergency and in connection with activities or
uses permitted under this subsection;
(vii) Application of manure and plant material, both well composted, and,
subject to compliance with manufacturer's recommendations, other substances to promote
the health and growth of vegetation. These permitted substances do not include sewage
sludge, industrial sludge, biosolids, septic system sludge or effluent, and related
substances;
(viii) Piling of brush and other vegetation to the extent reasonably necessary to
accommodate permitted activities or uses;
(ix) Owner may permit or host special events of short duration so long as such
events do not diminish or impair the Conservation Values of the Property, as determined
in Holder's sole discretion.
(x) Other activities that Holder, without any obligation to do so, determines are
consistent with maintenance or attainment of Conservation Purposes and are conducted in
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File Number: 202400026866 Page 7 of 25
accordance with a Resource Management Plan or other plan approved for that activity after
Review.
(c) Recreation and Education. Recreational, educational, and scientific research
activities are permitted that do not require Improvements other than walking or biking trails and
do not materially or adversely affect maintenance or attainment of Conservation Purposes.
Examples of such activities include the following: (i) walking, biking, bird watching, and nature
study; and (ii) wildlife research consistent with and in furtherance of the Conservation Purposes.
Recreational use of motorized vehicles (for example, ATV's) is prohibited.
(d) Mining Prohibited. There shall be no mining by surface, subsurface, or any other
means on the Property.
ARTICLE IV
This Article is intentionally omitted.
ARTICLE V
This Article is intentionally omitted.
ARTICLE VI
RIGHTS AND DUTIES OF HOLDER AND BENEFICIARIES
6.01 Holder Covenants. In support of the Conservation Purposes, Holder declares the
following covenants binding upon its easement interest in the Property:
(a) Exercise of Powers. Holder must exercise the powers granted to it by this
Easement to prevent and terminate activities, uses, and Improvements of the Property inconsistent
with the Conservation Purposes;
(b) Must be Qualified Organization. Holder must be and remain at all times a
Qualified Organization and must not transfer this Conservation Easement or otherwise assign its
rights or responsibilities under this Easement to a Person other than a Qualified Organization
committed to upholding the Conservation Purposes; and
(c) Proceeds Used for Conservation Purposes. Holder must use any funds received
on account of the release, termination or extinguishment of the Conservation Easement in whole
or in part in furtherance of its charitable conservation purposes;
6.02 Rights and Duties of Holder. The items set forth below are both rights and duties vested
in Holder by this Easement:
(a) Protect in Perpetuity. To protect the Conservation Purposes of the Property in
perpetuity;
File Number: 202400026866 Page 8 of 25
(b) Enforcement. To enter the Property to investigate a suspected, alleged or
threatened violation of the provisions of this Easement and, if found, to enforce the terms of this
Easement by exercising Holder's remedies in this Easement. No prior Notice to Owner is required
for entry on the Property by Holder when Holder, in good faith, believes such entry is necessary
to terminate a violation or prevent a threatened violation which would significantly impair any
Conservation Value. However; Holder shall provide a written explanation to Owner of the reason
for such entry and a description of any actions taken immediately after such entry
(c) Inspection. To enter and inspect the Property for compliance with the requirements
of this Easement in a reasonable manner and at reasonable times;
(d) Review. To exercise rights of Review in accordance with the requirements of this
section; and
(e) Interpretation. To interpret the terms of this Easement and, at the request of
Owner, furnish Holder's explanation of the application of such terms to then -existing, proposed,
or reasonably foreseeable conditions within the Property.
6.03 Amendment and Holder's Discretionary Approval Background. Owner and Holder
have determined, in good faith, the limitations of any permissible modifications hereto. Owner and
Holder recognize that natural conditions, landscapes, uses and technologies change over time.
Holder and Owner recognize that unforeseen or changed future circumstances may arise which
makes it beneficial or necessary to take certain action in order to ensure the continued protection
of the Conservation Purposes of the Property and to guaranty the perpetual nature of this
Conservation Easement. Additional proposed activities may require the exercise of discretion by
Holder, as further described below. This section therefore ensures that the Holder protects the
Conservation Purposes of the Property in perpetuity.
(a) Purpose. This Easement may not be amended without the joint written consent of
both Holder and Owner. Holder has no obligation to agree to any modification of this Easement.
No modification shall adversely affect the perpetual duration of this Easement or the perpetual
protection of its Conservation Purposes.
(b) Amendment Requirements. Holder shall not consent to any amendment of this
Easement unless Owner submits a written request for Amendment pursuant to Holder's existing
amendment policy and such proposed Amendment qualifies under Holder's policy then in effect
respecting conservation easement amendments. The effect of such Amendment shall enhance, or
at least be neutral with respect to the Conservation Purposes of this Easement, shall comply with
Code section 170(h) and any regulations promulgated pursuant to such section, shall comply with
all applicable federal, state and local laws, shall be consistent with Holder's public mission, shall
not jeopardize the Holder's tax-exempt status or status as a charitable organization under federal
or state law, and shall not result in private inurement or confer impermissible private benefit.
Owner and Holder may amend this Easement to be more restrictive to comply with the provisions
of Code Section 2031(c). Holder may require subordination of any Lien as a condition of
permitting any substantive amendment to this Easement.
M
File Number: 202400026866 Page 9 of 25
(c) General. Holder and Owner shall have no power or right to agree to any activity,
use or structure that would (i) result in the extinguishment in full of this Easement; (ii) adversely
affect the perpetual nature of this Easement; (iii) adversely affect the qualification of this Easement
or the status of Holder under any applicable laws, including Code Sections 170(h), 501(c)(3), and
the laws of the State of Arkansas; or (iv) result in either impermissible private benefit or inurement
to any party. For purposes of this section, the terms impermissible private benefit and inurement
shall have the same meanings ascribed to them in Code section 501(c)(3) and associated Treasury
Regulations. Any modification that results in a partial extinguishment with the exception of
corrections and clarifications of boundary disputes, legal descriptions and internal use
demarcations, and any other de minin2is modification, shall follow any applicable state laws
regarding approvals.
(d) Discretionary Acts. Subject to the conditions and circumstances set forth below,
Holder may consent to activities, structures or uses, issue waivers or licenses, or otherwise exercise
discretion where the Easement is silent or ambiguous. Because of unforeseen or changed
circumstances, if an activity, structure or use that is not expressly permitted under this Easement
is deemed beneficial or necessary by Owner, Owner may request, and Holder may in its sole
discretion grant, permission for such activity, structure or use without resorting to the formalities
of Holder's amendment policy and process, subject to the following limitations: (i) such request
for Holder's consent shall be made in writing and shall describe the proposed activity or use in
sufficient detail to allow Holder to evaluate the consistency of the proposed activity with the
preservation and protection of the Conservation Purposes; (ii) Holder may grant its consent only
if it determines, in its sole discretion, that (A) the performance of such activity is, in fact, beneficial
or necessary; and (B) such activity (x) shall not result in private inurement or confer impermissible
private benefit, (y) results in neutral or enhanced Conservation Purposes of this Easement, and (z)
does not violate the terms of this Easement. Owner shall not engage in the proposed activity or use
unless and until Owner receive Holder's approval in writing..
(e) Costs. If Owner is the party requesting an Amendment of, or discretionary approval
pursuant to, this Easement, Owner shall be responsible for all reasonable and customary fees and
costs related to Holder's evaluation of said request and an Amendment's execution, including
reasonable attorney's fees and costs, staff, contractor, legal, expert, consultant fees and costs, and
any costs associated with any updated Baseline Documentation Report prepared pursuant to the
provisions of this Section.
(f) Updated Baseline Documentation. In the event Owner and Holder agree to an
amendment or discretionary approval pursuant to this section that results in alterations to the
Property, then the Baseline Documentation Report shall be supplemented appropriately to reflect
the scope, scale and intensity of the alterations. The supplement shall be acknowledged by Owner
and Holder to memorialize the condition of the Property as of the date of the Amendment or
discretionary approval.
(g) Recording. Owner and the Holder shall execute any Amendment approved after
following the procedures in this Section, and the revised document shall be recorded in the Public
Records.
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File Number: 202400026866 Page 10 of 25
(h) Form. Any modification that the parties determine to be beneficial or necessary
shall be in the form of either (i) an Amendment, in the case of a pennanent modification of this
Easement, including but not by way of limitation, a clerical or technical correction or modification
of a reserved right; or (ii) a discretionary approval, waiver or consent in the case of a temporary
activity or impact relating to the maintenance or management of the Property which does not
require a permanent modification of the Easement. All Amendments and discretionary actions
shall be subject to this section. Nothing in this section, however, shall require Owner or Holder to
agree to any amendment or discretionary approval, consent, or waiver.
6.04 Other Rights of Holder. The items set forth below are also rights vested in Holder by this
Easement. However, Holder, in its discretion, may or may not exercise them:
(a) Signs. To install one or more signs within the Property identifying the interest of
Holder or Beneficiaries in the Conservation Easement. However, such signs will not reduce the
number or size of signs permitted to Owner under this Easement. Signs are to be of the customary
size installed by Holder, as the case may be, and must be installed in locations readable from the
public right-of-way and otherwise reasonably acceptable to Owner.
(b) Proceedings. To assert a claim, defend, intervene in, or appeal, any proceeding
under Applicable Law that (1) pertains to the impairment of Conservation Values; or (2) may result
in a transfer, Improvement or use that violates the terms of this Easement.
6.05 Review. The following provisions are incorporated into any provision of this Easement
that is subject to Review:
(a) Notice to Holder. At least 30 days before Owner intends to begin or allow an
Improvement, activity, or use that is subject to Review, Owner must Notify Holder of the proposed
activity or use, including with the Notice such information as is reasonably sufficient to comply
with Review Requirements and otherwise describe the proposal and its potential impact on the
Conservation Purposes, and (2) receive Holder's approval therefor.
(b) Notice to Owner. Upon receipt of Owner's Notice, Holder must review the
proposed activity or use, and Notify Owner of Holder's determination to (i) accept Owner's
proposal in whole or in part; (ii) reject Owner's proposal in whole or in part; (iii) accept Owner's
proposal conditioned upon compliance with conditions imposed by Holder; (iv) reject Owner's
proposal for insufficient information upon which to base a determination; or (v) or reject Owner's
proposal for inconsistency with the Conservation Purposes. If Holder gives conditional acceptance
under clause (iii), commencement of the proposed activity, or use constitutes acceptance by Owner
of all conditions set forth in Holder's Notice.
(c) Time for Review. If requested by Owner, Holder must furnish its estimate of the
time required to review the proposed change and use its best efforts and due diligence to Notify
Owner of its determination within this time period. Otherwise, Holder must make its determination
within thirty (30) days following receipt of Owner's Notice to Holder.
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File Number: 202400026866 Page 11 of 25
(d) Failure to Notify. If Holder fails to Notify Owner as required in the preceding
subsection, the proposal set forth in Owner's Notice is deemed disapproved. Because such
disapproval is not a decision on the merits by the Holder, it is not final or binding on the Holder
and the Owner can re -submit the same or a similar request for approval. Nevertheless, Owner may
not undertake any activity or use for which approval has been requested until approval pursuant to
this Section 4.05 has been granted by Holder.
(e) Reasonableness Standard. Upon review, the phrase "unless Holder, without any
obligation to do so," in relation to an approval or determination by Holder, means that, in that
particular case, Holder's approval is wholly discretionary. Holder's approval is not to be
unreasonably withheld. It is reasonable for Holder to disapprove a proposal that may adversely
affect natural resources described in the Conservation Purposes or that is otherwise inconsistent
with maintenance or attainment of Conservation Purposes. Owner and Holder shall act in good
faith, shall follow a reasonableness standard; shall use their best efforts to act in a timely manner
in any determinations that are necessary or are contemplated to be made (either separately or
jointly) under this Conservation Easement; shall cooperate with one another; and shall take all
other reasonable action suitable to these ends.
6.06 Costs and Expenses. Owner must pay or reimburse Holder's costs and expenses (including
Losses, Litigation Expenses, allocated personnel costs, and reasonably incurred liabilities) in
connection with: (a) enforcement (including exercise of remedies) under the terms of this
Easement; and (b) response to requests by Owner for Amendment of this Easement. Owner may,
before commencement of Holder's services, request an estimate of the costs and expenses Holder
anticipates to incur in responding to Owner's request for any Amendment of this Easement. Owner
is not responsible to reimburse costs and expenses arising from Holder's response to an inquiry or
request by a Person other than Owner without Owner's approval.
ARTICLE VII.
VIOLATION; REMEDIES
7.01 Violation. If Holder determines that the terns of this Easement are violated, or that a
violation is threatened or imminent, then the provisions of this section apply:
(a) Notice. Holder must Notify Owner of the violation or threatened violation of which
it is aware. Holder's Notice may include its recommendation of measures Owner must take to cure
the violation and restore features of the Property damaged or altered as a result of the violation.
(b) Opportunity to Cure. Owner's cure period expires thirty (30) days after the date
of Holder's Notice to Owner subject to extension for the time reasonably necessary to cure, but
only if all of the following conditions are satisfied:
(i) Owner ceases the activity constituting the violation or threatened violation
promptly upon receipt of Holder's Notice;
(ii) Owner and Holder agree, within the initial 30-day period, upon the
measures Owner will take to cure the violation;
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File Number: 202400026866 Page 12 of 25
(iii) Owner commences to cure within the initial 30-day period; and
(iv) Owner continues thereafter to use best efforts and due diligence to complete
the agreed upon cure.
(c) Imminent Harm. No Notice or cure period is required if circumstances require
prompt action to prevent or mitigate irreparable harm to or alteration to a natural resource or other
feature of the Property described in the Conservation Purposes and Conservation Values.
7.02 Remedies. Upon expiration of the cure period (if any) described in the preceding section,
and failing correction of the violation by Owner as provided above, Holder, as it sole and exclusive
remedies, may do one or more of the following:
(a) Injunctive Relief. Seek injunctive relief to specifically enforce the terms of this
Easement, to restrain present or future violations of the terms of this Easement, and/or to compel
restoration of resources destroyed or altered as a result of the violation;
(b) Civil Action. Recover from Owner or other Persons responsible for the violation
all sums owing to Holder under applicable provisions of this Easement together with interest
thereon from the date due at the Default Rate. These monetary obligations include, among others,
Losses and Litigation Expenses; and
(c) Statutory. Bring a private right of action pursuant to the Arkansas Conservation
Easement enforcement provision found at Ark. Code Ann. § 15-20-409, including all remedies
available pursuant to that law.
7.03 Modification or Termination. If the Conservation Easement is or is about to be modified
or terminated by exercise of the power of eminent domain (condemnation) or adjudication of a
court of competent jurisdiction sought by a Person other than Holder, the following provisions
apply:
(a) Compensatory Damages. Holder is entitled to collect from the Person seeking the
modification or termination, compensatory damages in an amount equal to the increase in Market
Value of the Property resulting from the modification or termination plus reimbursement of
Litigation Expenses as if a violation had occurred. In the event of an extinguishment of the
Conservation Easement, Holder is entitled to the greater of the compensation provided under this
section or the compensation provided under any other provision of this Easement; and
(b) Restitution. Holder is entitled to recover from the Person seeking the modification
or termination: (i) restitution of amounts paid for this Easement (if any) and any other sums
invested in the Property for the benefit of the public as a result of rights vested by this Easement,
plus (ii) reimbursement of Litigation Expenses.
7.04 Remedies Cumulative. The description of Holder's remedies in this Article VII does not
preclude Holder from exercising any other right or remedy that may at any time be available to
Holder under this article or Applicable Law. If Holder chooses to exercise one remedy, Holder
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File Number: 202400026866 Page 13 of 25
may nevertheless choose to exercise one or more of the other rights or remedies available to Holder
at the same time or at any other time.
7.05 Waivers. Holder in its discretion may provide a Waiver if Holder determines that the
Waiver will have no material effect on the Conservation Purposes. If Holder does not exercise a
right or remedy when it is available to Holder, that is not to be interpreted as a Waiver of any non-
compliance with the terms of this Easement or a Waiver of Holder's rights to exercise its rights or
remedies at another time.
7.06 No Fault of Owner. Holder may waive its right to reimbursement under this Article VII
as to Owner (but not other Persons who may be responsible for the violation) if Holder is
reasonably satisfied that the violation was not the fault of Owner and could not have been
anticipated or prevented by Owner by reasonable means.
7.07 Multiple Owners.
(a) Liability of Owners of Different Portions of the Property. If different Persons
own portions of the Property, only Owners of the portion with respect to which a violation has
occurred, or is threatened, will be held responsible for the violation or threatened violation.
(b) Liability of Owners of a Single Portion of the Property. If more than one Person
owns of a portion of the Property with respect to which a violation has occurred, or is threatened,
all of the Persons who are Owners of such portion may be held jointly and severally liable for the
violation regardless of the form of ownership.
ARTICLE VIII
MISCELLANEOUS
8.01 Notices.
(a) Requirements. Each Person giving any notice pursuant to this Conservation
Easement (each a "Notice") must give the Notice in writing and must use one of the following
methods of delivery: (i) personal delivery; (ii) certified mail, return receipt requested and postage
prepaid; or (iii) nationally recognized overnight courier, with all fees prepaid. Each time the term
"Notify" is used herein, it shall be deemed to refer to sending a Notice in accordance with this
article.
(b) Address for Notices. Each Person giving a Notice must address the Notice to the
appropriate Person at the receiving party at the address listed below or to another address
designated by that Person by Notice to the other Person:
If to Owner: Markham Residential Owner LLC
417 M.L.K. Jr Blvd #230
Fayetteville, Arkansas 72701
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File Number: 202400026866 Page 14 of 25
If to Holder: Northwest Arkansas Land Trust
1725 S. Smokehouse Trail
Fayetteville, Arkansas 72701
8.02 Duty to update. Owner and Holder shall provide Notice to the other within thirty (30)
days of a change in address specifying a new address for Notices.
8.03 Governing Law. The laws of the State of Arkansas, and the United States, govern this
Easement.
8.04 Assignment and Transfer. Neither Owner nor Holder may assign or otherwise transfer
any of their respective rights or duties under this Conservation Easement voluntarily or
involuntarily, whether by merger, consolidation, dissolution, operation of law or any other manner
except pursuant to the provisions of this Section 8.04. Any purported assignment or transfer in
violation of this Section 8.04 is void.
(a) Notice Required. Not less than thirty (30) days prior to transfer of the Property or
a Lot, or any portion thereof or interest therein, Owner must Notify Holder of the name(s) and
address for Notice purposes of the Person who will become Owner following the transfer. At the
time Holder is Notified of the transfer, Owner shall pay a $10 transfer fee to Holder.
(b) Prior to Transfer. Owner authorizes Holder to (i) contact the Persons to whom the
Property or Lot will be transferred and other Persons representing Owner or the prospective
transferees to discuss with them this Easement and, if applicable, other pertinent documents; and
(ii) enter the Property to assess compliance with this Easement.
(c) Ending Continuing Liability. If Holder is not notified per this Section's
requirement, it is not the obligation of Holder to determine whether a violation first occurred before
or after the date of the transfer. If Holder is not notified per this Section's requirement, the pre -
transfer Owner continues to be liable on a joint and several basis with the post -transfer Owner for
the correction of violations under this Easement until such time as Holder is given the opportunity
to inspect and all violations noted in Holder's resulting inspection report are cured.
(d) Subsequent Deeds and Transfers. This Easement must be incorporated by
reference in any deed or other legal instrument by which Owner conveys any interest in the
Property, including without limitation, a leasehold or mortgage interest. The failure of Owner to
perform any act required by this paragraph shall not impair the validity of this Easement or limit
its enforceability in any way.
8.05 Burdens; Benefits. This Easement binds and benefits Owner and Holder and their
respective personal representatives, successors, and assigns.
(a) Binding on All Owners. This Easement vests a servitude running with the land
and binding upon Owner and, upon recordation in the Public Records, all subsequent Owners of
the Property or any portion of the Property are bound by its terms whether or not Owners had
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File Number: 202400026866 Page 15 of 25
actual Notice of this Easement and whether or not the deed of transfer specifically referred to the
transfer being under and subject to this Easement.
(b) Rights Exclusive to Holder. Except for rights of Beneficiaries (if any) under this
Easement, only Holder has the right to enforce the terms of this Easement and exercise other rights
of Holder. Owners of Lots within the Property do not have the right to enforce the terms of this
Easement against Owners of other Lots within the Property. Only Owners of the Lot that is the
subject of a request for Review, Waiver, Amendment, interpretation, or other decision by Holder
have a right to Notice of, or other participation in, such decision.
8.06 Documentation Requirements.
(a) Between Holder and Owner. No Amendment, Waiver, approval after Review,
interpretation, or other decision by Holder is valid or effective unless it is in writing and signed by
an authorized signatory for Holder. This requirement may not be changed by oral agreement. The
grant of an Amendment or Waiver in any instance or with respect to any Lot does not imply that
an Amendment or Waiver will be granted in any other instance.
(b) Between Holder and Assignee. Any assignment of Holder's rights under this
Easement, if otherwise permitted under this Easement, must be in a document signed by both the
assigning Holder and the assignee Holder. The assignment document must include a covenant by
which the assignee Holder assumes the covenants and other obligations of Holder under this
Easement. The assigning Holder must deliver the Baseline Documentation Report and such other
documentation in Holder's possession reasonably needed to uphold the Conservation Purposes.
8.07 Severability. If any provision of this Conservation Easement is determined to be invalid,
illegal or unenforceable, the remaining provisions of this Conservation Easement remain valid,
binding and enforceable. To the extent permitted by Applicable Law, the parties waive any
provision of Applicable Law that renders any provision of this Conservation Easement invalid,
illegal or unenforceable in any respect.
8.08 Counterparts. This Conservation Easement may be signed in multiple counterparts, each
of which constitutes an original, and all of which, collectively, constitute only one document.
8.09 Owner Indemnity. Owner must indemnify and defend the Holder Indemnified Parties
against all Losses and Litigation Expenses arising out of or relating to:
(a) Owner's breach or violation of this Easement;
(b) A violation or alleged violation of Applicable Law;
(c) Personal injury (including death) and on or about the Property, if and to the extent
not caused by the intentional acts or omissions of a Holder Indemnified Party;
(d) Loss of personal property or belongings occurring on the Property, if and to the
extent not caused by the intentional acts or omissions of a Holder Indemnified Party; and
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File Number: 202400026866 Page 16 of 25
(e) Damage to real property, including any deposit, release, remediation, or removal of
any substances regulated by Environmental Laws on the Property, if and to the extent not caused
by the intentional acts or omissions of a Holder Indemnified Party. Owner acknowledges that,
under no circumstance, shall this Conservation Easement be construed or otherwise interpreted to
qualify Holder as an owner or operator with respect to the Property within the meaning of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
("CERCLA"), or any successor, related, or similar law, or any corresponding state statute, and
Owner indemnifies Holder against any Losses or Litigation Expenses resulting from a finding to
the contrary.
8.10 Guides to Interpretation.
(a) Captions. Except for the identification of defined terms in the Glossary, the
descriptive headings of this Conservation Easement are for convenience only and do not constitute
a part of this Conservation Easement.
(b) Glossary. If any term defined in the Glossary is not used in this Conservation
Easement, the defined tern is to be disregarded as surplus material.
(c) Other Terms.
(i) The word "including" means "including but not Iimited to".
(ii) The words "must" and "shall' are obligatory; the word "may" is pennissive
and does not imply any obligation.
(d) Conservation Easement Act. This Conservation Easement is intended to be
interpreted so as to convey to Holder all of the rights and privileges of a Holder of a conservation
easement under the Arkansas Conservation Easement Act, Ark. Code. Ann. § 15-20-401 et seq.,
and any amendments, replacements, or successors to that law.
(e) Restatement (Third) of the Law of Property: Servitudes. This Conservation
Easement is intended to be interpreted so as to convey to Holder all of the rights and privileges of
a Holder of a conservation servitude under the Restatement (Third) of the Law of Property, to the
extent that Arkansas law or other Applicable Law does not provide sufficient guidance.
8.11 Entire Agreement. This document, and the exhibits attached hereto and made a part
hereof, and the Baseline Documentation Report constitute the entire agreement of Owner and
Holder pertaining to this Conservation Easement. The terms of this Conservation Easement
supersede in full all negotiations, agreements, statements and writings between Owner, Holder and
others pertaining to this transaction.
8.12 Incorporation by Reference. Each exhibit attached to this Conservation Easement is
incorporated herein by this reference. The Baseline Documentation Report (whether or not
attached to this Conservation Easement) is incorporated herein by this reference.
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File Number: 202400026866 Page 17 of 25
8.13 Jurisdiction; Venue. Holder and Owner submit to the exclusive jurisdiction of the courts
of the State of Arkansas located in Washington County and agree that any legal action or
proceeding relating to this Easement or the Conservation Easement may be brought only in the
courts located in such county.
ARTICLE IX.
GLOSSARY
As used herein, the following terms will have the meanings set out in this Article iX.
Access Drive(s). Roads, drives or lanes providing vehicular access to or located within the
Property.
Additional Improvements. All buildings, structures, facilities, easements, Utility Improvements
and other improvements within the Property, whether temporary or permanent, whether located
on, above or under the Property other than Existing Improvements.
Amendment. An amendment, modification or supplement to this Easement signed by Owner and
Holder and recorded in the Public Records. The term "Amendment" includes an amendment and
restatement of this Easement.
Applicable Law. Any federal, state or local laws, statutes, codes, ordinances, standards and
regulations applicable to the Property, this Conservation Easement as amended through the
applicable date of reference. If this Easement is intended to meet the requirements of a qualified
conservation contribution, then applicable provisions of the Code and the Regulations are also
included in the defined term.
Best Management Practices. A series of guidelines or minimum standards (sometimes referred
to as BMPs) recommended by federal, state, and/or county resource management agencies for
farming and forestry operations; for preventing and reducing pollution of water resources and other
disturbances of soil, water, and vegetative resources; and for protecting wildlife habitats.
Code. The Internal Revenue Code of 1986, as amended through the applicable date of reference.
Conservation Easement Act. The Arkansas Conservation Easements Act (Ark. Code Ann. § 15-
20-401 et seq.) as amended through the applicable date of reference.
Construction. Any demolition, construction, re -construction, expansion, exterior alteration,
installation or erection of temporary or permanent Improvements. This term does not include
dredging, mining, filling or removal of gravel, soil, rock, sand, coal, petroleum or other minerals.
Environmental Laws. Any and all federal, state, local, or administrative agency statutes,
regulations, rules, codes, ordinances or requirements of any governmental authority regulating or
imposing standards of liability or standards of conduct (including common law) regarding air,
water, solid waste, hazardous materials, petroleum products, worker and community right -to -
File Number: 202400026866 Page 18 of 25
know, hazard communication, radioactive material, resource protection, wetlands and
watercourses, health protection and similar environmental health, safety, building and land use
laws and regulations as may now or at any time hereafter be in effect.
Existing Servitude. Easements and other servitudes affecting title to the Property (other than a
Lien) accorded priority to the Conservation Easement by notice in the Public Records.
Existing Improvements. All buildings, structures, facilities, easements, Utility Improvements,
and other improvements, whether temporary or permanent, located on, above or under the Property
as of the Easement Date as identified in the Baseline Documentation Report.
Forestry. Planting, growing, nurturing, managing and harvesting trees whether for timber and
other useful products or for water quality, wildlife habitat and other Conservation Purposes.
Height. The vertical elevation of an Improvement measure from the average exterior ground
elevation of the Improvement to a point, if the Improvement is roofed, midway between the highest
and lowest points of the roof, excluding chimneys, cupolas, ventilation shafts, weathervanes and
similar protrusions, or, if the Improvement is unroofed, the top of the Improvement.
Holder Indemnified Parties. Holder and its respective members, directors, officers, employees
and agents, and heirs, personal representatives, successors and assigns.
Improvement. Any Existing Improvements or Additional Improvements.
Invasive Species. A plant species that is (a) Non -Native Species to the ecosystem under
consideration; and (b) whose introduction causes or is likely to cause economic or environmental
harm or hann to human health. In cases of uncertainty, published atlases are to be used to identify
Invasive Species.
Lien. Any mortgage, lien or other encumbrance securing the payment of money.
Litigation Expense. Any filing fee or cost associated with any court or administrative review
body, arbitration fee or cost, witness fee and every other fee and cost of investigating, defending,
appealing, or asserting any claim of violation or for indemnification under this Easement including
in each case, attorneys' fees and other professionals' fees.
Losses. Any liability, loss, claim, settlement payment, cost, expense, interest, award, judgment,
damages (including punitive damages), diminution in value, fines, fees and penalties or other
charge other than a Litigation Expense.
Lot. A unit, lot, or parcel of real property separated or transferable for separate ownership or Iease
under Applicable Law.
Native Species. A plant or animal indigenous to the locality under consideration. In cases of
uncertainty, published atlases are to be used to establish whether or not a species is native.
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File Number: 202400026866 Page 19 of 25
Non -Native Species. A plant or animal that is not indigenous (alien) to the locality under
consideration. In cases of uncertainty, published atlases are to be used to establish whether or not
a species is non-native.
Open Space. Open Space is any open piece of land that is undeveloped and helps enhance the
beauty and environmental quality of a community for the benefit of the general public.
Owner/Ownership. Owner and all Persons after them who hold a fee simple interest in the
Property.
Person. An individual, organization, trust, government or other entity.
Public Records. The public records of the office for the recording of deeds in and for the county
in which the Property is located.
Qualified Organization. A governmental or non-profit entity that (a) is established as a public
charity for the purpose of preserving and conserving natural resources, natural habitats,
environmentally sensitive areas and other charitable, scientific and educational purposes; (b) meets
the criteria of a qualified organization under the Regulations; and (c) is duly authorized to acquire
and hold conservation easements under Applicable Law.
Regulations. The provisions of 26 C.F.R. §1.170A-14, and any other regulations promulgated
under the Code that pertain to qualified conservation contributions, as amended through the
applicable date of reference.
Regulatory Signs. Signs (not exceeding one square foot each) to control access to the Property or
for informational, directional, or interpretive purposes.
Resource Management Plan. A record of the decisions and intentions of Owner prepared by a
qualified resource management professional for the purpose of protecting natural resources that
the Conservation Purposes aim to protect during certain operations potentially affecting those
resources. It includes a resource assessment, identifies appropriate performance standards (based
upon Best Management Practices where available and appropriate), and projects a multi -year
description of planned activities for operations to be conducted in accordance with the plan.
Review. Review and approval of Holder under the procedure described in Article V1.
Review Requirements. Collectively, any plans, specifications or information required for
approval of the activity, use or Construction under Applicable Law (if any) plus (a) the information
required under the Review Requirements incorporated into this Conservation Easement either as
an exhibit or as part of the Baseline Documentation Report or (b) if the information described in
clause (a) is inapplicable, unavailable or insufficient under the circumstances, -the guidelines for
Review of submissions established by Holder as of the applicable date of reference.
Site Improvement. An unenclosed Improvement such as an Access Drive, Utility Improvement,
walkway, boardwalk, retention/detention basin or other storm water management facility, well,
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File Number: 202400026866 Page 20 of 25
septic system, bridge, parking area or other pavement, lighting fixture, sign, fence, wall, gate, man-
made pond, berm, and landscaping treatment.
Subdivision. Any division of the Property or any Lot within the Property; and any creation of a
unit, Lot or parcel of real property, including subsurface portions of the Property, for separate use
or Ownership by any means including by lease or by implementing the condominium form of
Ownership.
Sustainable. Land management practices that provide goods and services from an ecosystem
without degradation of biodiversity and resource values at the site and without a decline in the
yield of goods and services over time.
Utility Improvement. Improvement for the reception, storage, or transmission of potable water,
storm water, sewage, electricity, gas and telecommunications or other sources of power.
Waiver. A written commitment by which Holder, without any obligation to do so, agrees to refrain
from exercising one or more of its rights and remedies for a specific period of time with respect to
a specific set of circumstances if Holder is satisfied that the accommodation will have no material
effect on Conservation Purposes.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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File Number: 202400026866 Page 21 of 25
INTENDING TO BE LEGALLY BOUND, each of Owner and Holder, by its duly
authorized representative, have signed and delivered this Conservation Easement as of the
Easement Date. This Easement may be executed in multiple counterparts, which, when taken
together, shall constitute a single instrument.
OWNER:
MARKHAM RESIDENTIAL OWNER, LLC, an Arkansas limited liability company
By:MARKHAM RESIDENTIAL QOZ BUSINESS, LLC, a Delaware limited liability
company, its Sole Member
am
J
STATE OF ARKANSAS
MANAGEMENT, LLC, an Arkansas limited liability company, its
COUNTY OF WASHINGTON
ACKNOWLEDGEMENT
ss
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NGioo
On this _JA:�"day of C,)M\QW , 2024, before me, a Notary Public (or before any
officer within this State or without the State now qualified under existing law to take
acknowledgments), duly commissioned, qualified and acting, within and for said County and State,
appeared in person the within named JEREMY HUDSON, in his capacity as the Manager of
SPECIALIZED MANAGEMENT, LLC, an Arkansas limited liability company, which is the
Manager of MARKHAM RESIDENTIAL QOZ BUSINESS, LLC, a Delaware limited liability
company, which is the Sole Member of MARKHAM RESIDENTIAL OWNER, LLC, an
Arkansas limited liability company (the "Company"), to execute such instrument, stating his
capacity in that behalf, to me personally well known (or satisfactorily proven to be such person),
who stated that he was the Manager of the Manager of the Sole Member of the Company, and was
duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf
of the Company, and further stated and acknowledged that he had so signed, executed, and
delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned
and set forth.
IN WITNESS WHEREOF I have hereunto set my hand and seal, this the Wl day of
C," 1-y ) , 2024.
My Commission Expires: -1k-1 \ -+ \ 92t)?)A
Notary Public '-P(t6wa,
File Number: 202400026866 Page 22 of 25
INTENDING TO BE LEGALLY BOUND, each of Owner and Holder, by its duly
authorized representative, have signed and delivered this Conservation Easement as of the
Easement Date. This Easement may be executed in multiple counterparts, which, when taken
together, shall constitute a single instrument.
WITNESS:
HOLDER:
NORTHWEST ARKANSAS LAND TRUST,
an Arkansas non-profit corporation
[�---�'-
By:
Don Walker, Secretary/Treasurer Jeo Burbi , President
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
�� 11 )
COUNTY OF UIILSkin ) ss
On this day before me, the undersigned Notary Public within and for the County and State
aforesaid, duly commissioned, qualified and acting, appeared the within named JENNY
BURBIDGE, and DON WALKER the President and Secretary/Treasurer, respectively, of
NORTHWEST ARKANSAS LAND TRUST, an Arkansas non-profit corporation, and stated
and acknowledged that they were duly authorized as such officers 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 foregoing instrument for the consideration
and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and seal as such Notary Public on
this the 1 day of 04o6e,- , 2024.
My Commission Expires: A,, 15 u32.
Notary Public
ETHAN HAMILTON
Notary Public - Arkansas
Washington County
Commission # 12718783
My Commission Expires Apr 15, 2032
- 23 -
File Number: 202400026866 Page 23 of 25
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Part of the Southwest Quarter of the Northwest Quarter (SW I/4 NW 1/4) of Section 17, part of the Southeast
Quarter of the Northeast Quarter (SEI/4 NEl/4) of Section 18, and part of the North -half of the Northeast
Quarter of the Southeast Quarter (NI/2 NEIA SEI/4) of Section 18, all in Township 16 North, Range 30
West, of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as
follows:
COMMENCING at the Northeast Corner of said Section IS; thence by bearing and distance (basis of
bearing, Grid North), South 02°44'08" West along the east line of said Section 18 a distance of 1,323.96
feet to the northeast corner of said Southeast Quarter of the Northeast Quarter (SEI/4 NEl/4) of Section
18; thence North 87'18' 19" West along the north line of said Southeast Quarter of the Northeast Quarter
(SEI/4 NE1/4) a distance of 700.30 feet to the POINT OF BEGINNING; thence leaving said north line,
South 02°09'11"West a distance of 265.40 feet; thence South 15°50'49"East a distance of 272.32 feet;
thence South 03°50'49" East a distance of 220.76 feet; thence South 28'09'11"West a distance of 234.24
feet; thence South 02'09' 11" West a distance of 337.61 feet; thence South 21 °36'54"East a distance of
142.87 feet; thence South 37°50'49"East a distance of 284.70 feet; thence South 87°50'49" East a distance
of 173.85 feet; thence North 42'09' 11 "East a distance of 522.48 feet; thence North 25'09' 11" East a
distance of 201.57 feet; thence South 87°50'49"East a distance of 165.06 feet; thence South 25°50'49"East
a distance of 36.00 feet; thence South 64°50'49" East a distance of 130.22 feet; thence North 72'09' 11 "East
a distance of 88.50 feet; thence South 47°50'49" East a distance of 93.39 feet; thence South 02109' 11"
West a distance of 173.96 feet to the south line of said Southwest Quarter of the Northwest Quarter (SW 1/4
NW1/4) of Section 17; thence North 87°23'27" West a distance of 601.18 feet to the southwest corner of
said Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4); thence South 02°48'06" West a distance
of 656.59 feet to the southeast corner of said North -half of the Northeast Quarter of the Southeast Quarter
(N1/2 NEIA SE1/4) of Section 18; thence North 87'10' 13" West along the south line of said North -half of
the Northeast Quarter of the Southeast Quarter (N1/2 NEIA SEI/4) a distance of 1,289.23 feet; thence
leaving said south line, North 20°47'40" West a distance of 67.86 feet to the west line of said North -half of
the Northeast Quarter of the Southeast Quarter (NI/2 NE1/4 SE 1 /4); thence North 02°50'27" East a distance
of 598.41 feet to the southwest corner of said Southeast Quarter of the Northeast Quarter (SEI/4 NE1/4) of
Section 18; thence North 02°56'03" East a distance of 1,323.09 feet to the northwest corner of said
Southeast Quarter of the Northeast Quarter (SE 1A NE1/4); thence South 8718' 19" East along the north
line thereof a distance of 608.88 feet to the Point of Beginning, being shown as Tract 6 of that certain
Property Line Adjustment Survey prepared by Morrison -Shipley Engineers, Inc., dated June 11, 2019,
designated Project No. SRE-13, and filed for record in Plat Book 24A at page 237, of the Records of
Washington County, Arkansas.
File Number: 202400026866 Page 24 of 25
EXHIBIT B
GRAPHIC DEPICTION OF THE PROPERTY
Tract 6 as shown below:
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175.29Acres
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File Number: 202400026866 Page 25 of 25
01/29/2026
Ordinance: 6963
File Number:2025-2624
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2025-
59 FOR APPROXIMATELY 1.37
ACRES LOCATED AT SOUTH FU-
TRALL DRIVE IN WARD 1 FROM
RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE TO
NS-G, NEIGHBORHOOD SERV-
ICES - GENERAL
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map (Exhibit
A) and the legal description (Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from RSF-4, Residential
Single -Family, 4 Units Per Acre
to NS-G, Neighborhood Services
— General.
Section 2: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends the
official zoning map of the City of
Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
January 20,2026
Approved:
Molly Rawn, Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk -Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid: $88.16
January 25, 2026 571740