HomeMy WebLinkAboutOrdinance 7027 (2)UUL,UOIyII CIIVCIUit! IL). VVJVJ•f/G-UOJL-OUJIL-O IrU-CU IJUO:JUO%, IH
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7027
File Number: 2026-2552
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Type: LARD RECORDS fee: 5135.00CREAol 2
Rev: 0910812025 11:30:27 AM j 1
Kind: ORDINANCE
WASHINGTON COUNTY, AR
KYLE SYLVESTER, CIRCUIT CLERK
File # 2026 -26628
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2026-03
FOR APPROXIMATELY 13.59 ACRES LOCATED NEAR WEST CATALPA DRIVE AND SOUTH RUPPLE
ROAD IN WARD 1 FROM UT, URBAN THOROUGHFARE; CS, COMMUNITY SERVICES; AND NC,
NEIGHBORHOOD CONSERVATION, TO UT, URBAN THOROUGHFARE; CS, COMMUNITY
SERVICES; RI -U, RESIDENTIAL INTERMEDIATE -URBAN; AND CCR, CONSERVATION, CULTURAL,
AND RECREATION
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 UT, Urban Thoroughfare; CS, Community Services; and NC, Neighborhood
Conservation to UT, Urban Thoroughfare; CS, Community Services; RI -U, Residential Intermediate -Urban; and CCR,
Conservation, Cultural, and Recreation.
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 August 18, 2026
Approved:
hdo
Molly Rawn, Mayor
y1tK IT��,�f
Attest:
v• FAYETTEVILLE'�=
Kara Paxton, City Clerk Treasur ' GTO ; %
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $109.44
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RZN-2026-0003 NORTH & SOUTH OF W.
Close Up View CATALPA DR & S. RUPPLE
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ALBERTAST
Subject Property
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CCR CATALPA DR
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OW Proposed
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Regional Link
Unclassified
Residential Link
- Trail (Proposed)
Planning Area
- _ Fayetteville City Limits
Feet
0 75 150 300
1:2,400
450
600
EXHIBIT A
LILAC -DR
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GARvQt \A
-JASMINE LN—NORTH
Zone Current Proposed
CS 0.5 1.7
NC 5.0 0.0
CCR 0.0 1.8
RI -U 0.0 2 0
Total 5.5 ac
April 13, 2026
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EXHIBIT B
A part of the SW1 /4 of the NE1 /4 of Section 24, Ti 6N, R31 Win Washington County, Arkansas, and being described
as follows: Beginning at the NE Corner of said SW1/4, NE1 /4, said point being the POINT OF BEGINNING, thence
S02°12'17"W 552.02 feet, thence N82°39'09"W 50.20 feet, thence N87°47'43"W 40.74 feet, thence along a non
tangent curve to the left 79.94 feet, said curve having a radius of 180.51 feet and a chord bearing and distance of
579°21 '59W 79.29 feet, thence N22°04'52"W 79.16 feet, thence N00°39'05"W 20.13 feet, thence along a non
tangent curve to the left 167.43 feet, said curve having a radius of 130.00 feet and a chord bearing and distance of
N39°16'06"E 156.10 feet, thence N02°22'18"E 240.83 feet, thence N87°37'42"W 16.59 feet, thence N02°22'18"E
108.21 feet, thence S87°26'18"E 123.10 feet to the POINT OF BEGINNING: Containing 1.62 acres more or less
subject to easements and right of way of record.
LEGAL_DESCRIPTION(NC TO CS #2)
A part of the SW1/4 of the NE1/4 of Section 24, T1 6N, R31 Win Washington County, Arkansas, and being described
as follows: Commencing at the NE Corner of said SW1 /4, NE1 /4, thence N87°26'18W 123.10 feet to the POINT OF
BEGINNING, thence S02°22'18"W 108.21 feet, thence S87°37'42"E 16.59 feet, thence S02°22'18"W 240.83 feet,
thence along a curve to the right 167.43 feet, said curve having a radius of 130.00 feet and a chord bearing and
distance of S39°16'06"W 156.10 feet, thence N00°39'05"W 20.64 feet, thence along a non tangent curve to the left
101.69 feet, said curve having a radius of 110.00 feet and a chord bearing and distance of N47°13'40"E 98.11 feet,
thence N87°37'42"W 77.39 feet, thence N02°22'18"E 255.50 feet, thence N87°37'42"W 45.34 feet, thence
N02°22'18"E 128.64 feet, thence S87°26'18"E 131.75 feet to the POINT OF BEGINNING: Containing 1.05 acres
more or less subject to easements and right of way of record.
LEGAL_DESCRIPTION: (Jy.C1OCCg 33
A part of the SW1 /4 of the NE1 /4 of Section 24, T1 6N, R31 Win Washington County, Arkansas, and being described
as follows: Commencing at the NE Corner of said SW1 /4, NE1 /4, thence N87°26'18"W 254.85 feet to the POINT OF
BEGINNING, thence S02°22'18"W 128.64 feet, thence S87°37'42"E 45.34 feet, thence S02°22'18W 255.50 feet,
thence S87°37'42"E 77.39 feet, thence along a non tangent curve to the right 101.69 feet, said curve having a radius
of 110.00 feet and a chord bearing and distance of 547°1 3'40"W 98.11 feet, thence S00°39'05"E 40.77 feet, thence
S22°04'52"E 79.16 feet, thence along a non tangent curve to the left 78.28 feet, said curve having a radius of 180.51
feet and a chord bearing and distance of S54°15'21 "W 77.67 feet, thence S41 °40'50"W 32.30 feet, thence along a
non tangent curve to the right 93.71 feet, said curve having a radius of 187.00 feet and a chord bearing and
distance of Ni 1°59'05"W 92.73 feet, thence N02°22'18"E 90.09 feet, thence N87°37'42"W 3.00 feet, thence
N02°22'18"E 370.83 feet, thence N87°37'42"W 63.63 feet, thence N02°22'18"E 88.92 feet, thence 587°26'i BE
82.74 feet to the POINT OF BEGINNING: Containing 1.05 acres more or less subject to easements and right of way
of record.
L.E_GALDESCRIPTION: (NC -TO CCR #4)
A part of the SW1/4 of the NE1/4 of Section 24, T16N, R31 W in Washington County, Arkansas, and being described
as follows: Commencing at the NE Corner of said SW1 /4, NE1 /4, thence S02°12'17W 602.02 feet to the POINT OF
BEGINNING; thence 502°i 2'17"W 187.76 feet, thence N87°47'43"W 185.80 feet, thence N00°39'05"W 129.22 feet,
thence N41°40'50"E 13.35 feet, thence along a non tangent curve to the right 106.26 feet, said curve having a
radius of 120.45 feet and a chord bearing and distance of N66°56'34"E 102.85 feet, thence S87°47'43'IE 40.74 feet,
thence N87°03'43"E 50.20 feet to the POINT OF BEGINNING: Containing 0.76 acres more or less subject to
easements and right of way of record.
LJUl.Ubl lI CIIVCIUiie IIJ. UUJUJ4/L-VDJL-°V/1L-° IrU-CU I JU°JU°l' IM
1 :Ij
A part of the SW1 /4 of the NE1 /4 of Section 24, T16N, R31 Win Washington County, Arkansas, and being described
as follows: Commencing at the NE Corner of said SW1 /4, NE1 /4, thence S02°1 2117'1W 789.78 feet to the POINT OF
BEGINNING; thence S02°12'17"W 167.44 feet, thence N87°47'43"W 105.64 feet, thence along a non tangent curve
to the left 33.73 feet, said curve having a radius of 100.00 feet and a chord bearing and distance of Ni 1°521091E
33.57 feet, thence N02°12'17"E 134.34 feet, thence S87°47'43"E 100.00 feet to the POINT OF BEGINNING:
Containing 0.39 acres more or less subject to easements and right of way of record.
LEGAL DES CRIPTJON:_(NCC TO CSik6)
A part of the SW1 /4 of the NE1 /4 of Section 24, T16N, R31W in Washington County, Arkansas, and being described
as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S02°12'17"W 789.78 feet, thence
N87°47'43"W 100.00 feet to the POINT OF BEGINNING, thence S02°12'17"W 134.34 feet, thence along a curve to
the right 33.73 feet, said curve having a radius of 100.00 feet and a chord bearing and distance of S11°52'09"W
33.57 feet, thence N87°47'43"W 21.53 feet, thence S26°38'39"W 30.46 feet, thence N87°54'19W 124.56 feet,
thence S02°05'41 "W 101.54 feet, thence N87°54'19"W 70.83 feet, thence Ni 4°14'59"W 97.16 feet, thence along a
non tangent curve to the left 204.18 feet, said curve having a radius of 658.21 feet and a chord bearing and
distance of N65°56'43"E 203.37 feet, thence N00°39'05"W 114.08 feet, thence S87°47'43"E 85.80 feet to the POINT
OF BEGINNING: Containing 0.67 acres more or less subject to easements and right of way of record.
✓ut,ublyl I CI iveiupC IU. UUUUJ4/L-UOJL-OUML-O I ru-au I JUOJUOI✓ I
CONSERVATION EASEMENT
This CONSERVATION EASEMENT made this 23 day of _ /. , 2026
between Reinhold F. Dudeck, Trustee of the Kern C. Dudeck Marital Trust (", irantor) and the
City of Fayetteville, Arkansas ("City").
RECITALS:
A. Grantor is the owner in fee simple of certain real property, (the "Protected
Property") which constitutes approximately 1.8 acres, is undeveloped and after proposed
development has occurred, the land being dedicated, will have ecological, scientific, educational
and aesthetic value upon conclusion of development.. The Protected Property is located in
Washington County, Arkansas as shown in Exhibit A attached hereto. The Protected Property is
those lands shown or described on Exhibit A with proposed zoning to "CCR". The Protected
Property is surrounded by and adjacent to certain other lands located in Washington County,
Arkansas, also as shown in Exhibit A which Grantor intends to develop ("Adjacent Lands"). The
Adjacent Lands are all those lands shown or described on Exhibit A which are not labeled with
proposed zoning to CCR.
B. The Protected Property will be a significant natural area that qualifies for protection
by a conservation easement pursuant to the provisions of Ark. Code Ann. § 15-20-402.
C. The current condition of the Protected Property as of the date of this grant is
documented in a Baseline Documentation Report (Exhibit "B"), and the proposed condition of the
Protected Property as it will be after restoration as documented in the Proposed Condition Report
(Exhibit "C") ("Proposed Condition"), both prepared by the Grantor and signed and acknowledged
by the City of Fayetteville, Arkansas ("City").
D. The Grantor and City have the common purpose of conserving the Protected
Property in perpetuity as set forth below, and the State of Arkansas has authorized the creation of
conservation easements pursuant to the Arkansas Conservation Easement Act, codified at § 15-20-
401 et seq., and Grantor and City wish to avail themselves of the provisions of that law. The City
is a qualified organization to be a holder of conservation easements under the Arkansas
Conservation Easement Act.
E. The Grantor and City believe that conserving the Protected Property, as shown in
Exhibit C, meets the purpose and goals of § 161.38 District CCR, Conservation Cultural, and
Recreation of the Fayetteville Unified Development Code. Specifically, that the city and the
owner have determined it is beneficial and desirable to conserve, preserve, protect, or enhance
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natural resources such as floodplains, streams, wetlands, steep topography, woodlands, meadows
and wildlife habitat, or for the purpose of improving and restoring such property's ecosystem
services.
NOW, THEREFORE, the Grantor, for and in consideration of the facts recited above and
of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute
and unconditional gift with no consideration, hereby gives, grants, bargains, sells and conveys
unto the City a Conservation Easement in perpetuity over the Protected Property of the nature
and character as follows:
1. PurposeThe purpose of this Conservation Easement is to ensure that the Protected
Property will be retained forever predominantly in its Proposed Condition, after restoration, as
detailed in Exhibit C, except for limited access by Grantor, or its successors or assigns, as set
forth more fully below; to protect the plants, animals, or plant communities on the Protected
Property; and to prevent any use of the Protected Property that will significantly impair or
interfere with the conservation values or interests of the Protected Property described above. The
Grantor intends that this Conservation Easement will restrict the use of the Protected Property to
only such activities as are consistent with the purpose of this Conservation Easement. The
Protected Property shall be placed into the Proposed Condition prior to issuance of final plat
approval by the City of Fayetteville.
2. Prohibited Uses. After completion of the work converting the Protected Property to its
proposed condition, as described herein, any activity on or use of the Protected Property
inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the
generality of the foregoing, the following activities and uses are expressly prohibited, except as
provided in paragraph 3 below:
2.1 No Construction. There shall be no constructing or placing of any building,
recreational facility, mobile home, swimming pool, fence or sign (other than those required
by the City for appropriate management), asphalt or concrete pavement, billboard or other
advertising display, antenna, utility pole, tower (including, but not limited to, cellular
telephone), conduit, line, sodium vapor light or any other temporary or permanent structure
or facility on or above the Protected Property.
2.2 No Excavation. There shall be no ditching, draining, diking, filling, excavating,
dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other
materials, nor any building of roads or change in the topography or surface hydrology of
the Protected Property in any manner.
2.3 No Cutting. There shall be no removal, harvesting, destruction or cutting of trees,
shrubs or plants, planting of trees, shrubs or plants, use of fertilizers, plowing, introduction
of non-native animals, grazing of domestic animals, or disturbance or change in the natural
habitat in any manner, except Grantor may, as set forth more fully below, periodically
remove dead trees, limbs, vegetation, etc., as reasonably necessary for long-term
preservation of the Protected Property.
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2.4 No Biocides. There shall be no use of pesticides or biocides including, but not
limited to, insecticides, fungicides, and rodenticides, and no use of devices commonly
known as "bug zappers."
2.5 No Dumping. There shall be no storage or dumping of ashes, trash, garbage, or
other unsightly or offensive material, hazardous substance, or toxic waste, nor any
placement of underground storage tanks in, on, or under the Protected Property; there shall
be no changing of the topography through the placing of soil or other substance or material
such as land fill or dredging spoils, nor shall activities be conducted on the Protected
Property or on adjacent property, if owned by the Grantor, that could cause erosion or
siltation on the Protected Property.
2.6 No Pollution. There shall be no pollution, alteration, depletion or extraction of
surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other
water bodies, nor shall activities be conducted on the Protected Property or on adjacent
property, if owned by Grantor, that would be detrimental to water purity or that could alter
the natural water level or flow in or over the Protected Property.
2.7 No Vehicles. There shall be no operation of any types of mechanized vehicles,
including motorcycles and all -terrain or ofd road vehicles, except as required to maintain
the Protected Property as provided for more specifically below.
2.8 No Subdivision. The Protected Property may not be divided, partitioned, or
subdivided, nor conveyed except in its current configuration as an entity.
2.9 Density. Neither the Protected Property nor any portion of it shall be included as
part of the gross area of other property not subject to this Conservation Easement for the
purposes of determining density, lot coverage, or open space requirements under otherwise
applicable laws, regulations or ordinances controlling land use and building density. No
development rights that have been encumbered or extinguished by this Conservation
Easement shall be transferred to any other lands pursuant to a transferrable development
rights scheme, cluster development arrangement, or otherwise.
3. Grantor's Reserved Rights. The Grantor hereby reserves the following rights:
3.1 Existing The right to undertake or continue any activity or use of the
Protected Property not prohibited by this Conservation Easement.
a) Prior to making any change in use of the Protected Property, the Grantor
shall notify the City in writing to allow the City a reasonable opportunity to
determine whether such change would violate the terms of this Conservation
Easement.
3.2 Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Protected
Property, provided such conveyance is subject to the terms of this Conservation Easement,
subject to the City's right of first refusal.
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3.3 Recreational Activities and Amenities. The right to construct or allow to be
constructed soft surface trails, immersive pathways, and wildlife observation structures
such as blinds, hides, towers, and platforms.
3.4 Diseased Trees. The right to cut and remove dead, diseased, or exotic trees, shrubs,
or plants and to cut firebreaks subject to the prior written approval of the Grantee pursuant
to paragraph 4.5 below, except that such approval shall not be required in the case of
emergency firebreaks.
3.5 Enforcement. The right (but not the obligation) to enforce the terms of this
Conservation Easement, it being understood that City has the same right and obligation.
4. City's Rights and Obligations. To accomplish the purpose of this Conservation
Easement, subject to the remaining terms set forth herein, the following rights are conveyed to
the City by this Conservation Easement, enforceable following completion of the Work, as
described herein, converting the Protected Property to its Proposed Condition:
4.1 Right to Protect. The right to preserve and protect the conservation values of the
Protected Property.
4.2 Right of Entry. The right to enter the Protected Property at all reasonable times for
the purposes of: (a) inspecting the Protected Property to determine if the Grantor is
complying with the covenants and purposes of this Conservation Easement; (b) enforcing
the terms of this Conservation Easement; (c) taking any and all actions with respect to the
Protected Property as may be necessary or appropriate, with or without order of court, to
remedy or abate violations hereof; (d) making scientific and educational observations and
studies and taking samples in such a manner as will not disturb the quiet enjoyment of the
Protected Property by the Grantor; and (e) monitoring and management as described below.
4.3 Monitoring and Management. The right, but not the obligation, to monitor the
condition of any rare plant and animal populations, plant communities, and natural habitats
on the Protected Property, and to manage them, to the extent deemed appropriate by the
City to ensure their continued presence and viability on the Protected Property. Such
activities shall be in accordance with management practices of the City, which may include,
but not be limited to, mowing, fencing, trapping, or prescribed burning.
4.4 Enforcement. The right and obligation to prevent any activity on or use of the
Protected Property that is inconsistent with the purpose of this Conservation Easement and
to require the restoration of such areas or features of the Protected Property that may be
damaged by any inconsistent activity or use, pursuant to paragraph 10.
4.5 Discretionary Consent. The City's consent for activities otherwise prohibited under
Section 2 above, or for any activities requiring City's consent under Section 3 above, may
be given under the following conditions and circumstances. If, owing to unforeseen or
changed circumstances, any of the activities listed in Section 2 are deemed desirable by
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both the Grantor and the City, the City may, in its sole discretion, give permission for such
activities, subject to the limitations herein. Such requests for permission, and permission
for activities requiring the City's consent under Section 3, shall be in writing and shall
describe the proposed activity in sufficient detail to allow the City to judge the consistency
of the proposed activity with the purpose of this Conservation Easement. The City may
give its permission only if it determines, in its sole discretion, that such activities (1) do
not violate the purpose of this Conservation Easement and (2) either enhance or do not
impair any significant conservation interests associated with the Protected Property.
Notwithstanding the foregoing, the City and Grantor have no right or power to agree to any
activities that would result in the termination of this Conservation Easement or to allow
any residential, commercial or industrial structures or any commercial or industrial
activities not provided for above.
4.6 Annual Inspection and Report_ The right, but not the obligation, to inspect the
Protected Property at least annually and prepare an annual report regarding the results of
the inspection, including any significant changes to the Protected Property or violations of
this Conservation Easement, and any action that will be taken in response thereto. A copy
of each annual report, if prepared, will be maintained at City Hall and a copy will be mailed
to the fee owner of the Protected Property. The City shall provide notice to Grantor at least
seven (7) days in advance of any annual inspection.
4.7 Utility Easement. The right to maintain the water/sewer easement that crosses
through the Protected Property.
5. Access. Nothing contained in this Conservation Easement shall give or grant to the public
a right to enter upon or to use the Protected Property or any portion thereof.
6. Costs and Liabilities. The Grantor and its successors and assigns retain all
responsibilities and shall bear all costs and liabilities of any kind related to the ownership,
operation, upkeep and maintenance of the Protected Property, including without limitation all
trails located thereon, and it shall make all decisions regarding these issues at its sole discretion;
provided that Grantor shall keep the City's interest in the Protected Property free of any liens
arising out of any work performed for, materials furnished to or obligations incurred by the
Grantor.
Each party agrees to release and absolve the other from any and all liabilities including, but not
limited to, injury, losses, damages, judgments, costs, expenses and fees that one party may
suffer or incur as a result of or arising out of the activities of the other party on the Protected
Property, provided that nothing herein shall be construed to alter, limit or otherwise
compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes
of the State of Arkansas.
7. Taxes. The Grantor shall pay any real estate taxes or other assessments levied on the
Protected Property.
8. Title. The Grantor covenants and represents that the Grantor is the sole owner and is
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seized of the Protected Property in fee simple and has good right to grant and convey this
Conservation Easement; that the Protected Property is free and clear of any and all
encumbrances, including but not limited to, any mortgages not subordinated to this Conservation
Easement, and that the City shall have the use of and enjoy all of the benefits derived from and
arising out of this Conservation Easement.
9. Hazardous Waste. The Grantor covenants, represents and warrants to the City that no
hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed
of, or deposited in or on the Protected Property, and that there are not now any underground
storage tanks located on the Protected Property.
10. City's Remedies. If the City becomes aware of a violation of the terms of this
Conservation Easement, the City shall give notice to: (a) the person(s) responsible for the
violation, and (b) the Grantor or the fee owner of the Protected Property if Grantor is no longer
the owner (hereafter the "Owner"), at the Owner's last known post office address, of such
violation, and request corrective action sufficient to abate such violation and restore the
Protected Property to its previous condition at the time of this grant. Grantor agrees that the
Baseline Documentation Report shall be deemed to provide objective information concerning the
Protected Property's condition at the time of this grant. Failure by the responsible party to abate
the violation and take such other corrective action as may be requested by the City within thirty
(30) days after receipt of such notice shall entitle the City or Grantor to bring an action at law or
equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement; to
require the restoration of the property to its previous condition; to enjoin the non-compliance by
ex parte temporary or permanent injunction in a court of competent jurisdiction; and/or to
recover any damages arising from the non-compliance; provided however that Grantor shall in
no way and under no circumstances be responsible for any damages. Such damages, when
recovered, may be applied by the City only to corrective action on the Protected Property. City
shall be entitled to recover its attorney's fees and costs in any successful action to enforce the
terms of this Conservation Easement, or the violation thereof, against anyone but Grantor.
The City does not waive or forfeit the right to take action as may be necessary to insure
compliance with this Conservation Easement by any prior failure to act and the Grantor hereby
waives any defenses of waiver, estoppel or laches with respect to any failure to act or delay by
the City, its successors or assigns, in acting to enforce any restriction or exercise any rights under
this Conservation Easement.
11. Parties Subject to Easement. The covenants agreed to and the terms, conditions, and
restrictions imposed by this grant shall not only be binding upon the Grantor but also its lessees,
agents, personal representatives, successors and assigns, and all other successors to Grantor in
interest and shall continue as a servitude running in perpetuity with the Protected Property. No
third party right of enforcement exists. Only the City and/or the Grantor can enforce this
Conservation Easement.
12. Subsequent Transfers. The Grantor agrees that the terms, conditions, restrictions and
purposes of this grant or reference thereto will be deemed to be contained within any subsequent
deed or other legal instrument by which the Grantor divests either the fee simple title or
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possessory interest in the Protected Property; and the Grantor further agrees to notify the City of
any pending transfer at the time of the transfer or within a reasonable time thereafter.
13. Mer. !el. The Grantor and the City agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interest in the Protected Property.
14. Amendment. In the event that the property is affected by unusual and unforeseen
circumstances and conditions, Grantor and City by mutual consent may amend this easement;
provided that the amendment is not inconsistent with the conservation purpose of this easement;
will not result in a net degradation of the conservation values of the property; will not affect the
enforceability of the easement; and is accomplished in compliance with any applicable state
statute and all regulations applicable thereto, as they may be in effect at the time. Any such
amendment shall be recorded in the official land records where the Protected Property is located.
15. Assicmment. The Grantor may assign its interest hereunder by selling the fee interest in
the Protected Property. The City may not assign its interest hereunder without the express written
consent of the fee owner of the Protected Property; provided that only those entities that are
qualified organizations as that term is defined in Section 170(h)(3) of the Internal Revenue Code
of 1986 (or any successor section) and the regulations promulgated thereunder, that is organized
and operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of
the Internal Revenue Code, shall be permitted, and the transferee or assignee will be required to
continue to carry out in perpetuity the conservation purposes that the contribution was originally
intended to advance.
16. Eminent Domain. Whenever all or part of the Protected Property is taken in exercise of
eminent domain by public, corporate, or other authority so as to abrogate the restrictions imposed
by this Conservation Easement, the Grantor shall join in appropriate actions at the time of the
taking to recover the full value of the taking and all incidental or direct damages resulting from it,
and the Grantor shall retain all proceeds.
17. Miscellaneous Provisions.
17.1 Severability, If any provision of this Conservation Easement or the application
thereof to any person or circumstance is found to be invalid, the remainder of the provisions
of this Conservation Easement and the application of such provisions to persons or
circumstances other than those as to which it is found to be invalid shall not be affected
thereby.
17.2 Successors and Assigns_ The term "Grantor" shall include the Grantor and the
Grantor's heirs, executors, administrators, successors and assigns and shall also mean the
masculine, feminine, corporate, singular or plural form of the word as needed in the context
of its use. The term "City" shall include the City of Fayetteville, Arkansas, and its
successors and assigns.
17.3 Re-recording. The City is authorized to record or file any notices or instruments
appropriate to assuring the perpetual enforceability of this Conservation Easement; for such
Page 7
UUI,UAIIJ.II CIIVV1Upe 1U. UUUVUY I G-UDUL-OUML-O IrU-CU IOVODUOI, IM
purpose, the Grantor appoints the City its attorney -in -fact to execute, acknowledge and
deliver any necessary instrument on its behalf. Without limiting the foregoing, the Grantor
agrees to execute any such instruments upon request.
17.4 Captions. The captions herein have been inserted solely for convenience of
reference and are not a part of this Conservation Easement and shall have no effect upon
construction or interpretation.
17.5 Counterparts. The parties may execute this instrument in two or more counterparts,
which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed
an original instrument as against any party who has signed it. In the event of any disparity
between the counterparts produced, the recorded counterpart shall be controlling.
17.6 Notices. Any notices required in this Conservation Easement shall be sent by
certified mail to the following address or such address as may be hereafter specified by
notice in writing:
If to Grantor:
Titan TLH, LLC
Attn: Bransen Harris
P.O. Box 1002
Alma, AR 72921
With a copy to:
If to City:
City of Fayetteville, Arkansas
Attn: Office of the Mayor
113 W. Mountain Fayetteville, AR
Fayetteville, AR 72701
Watkins, Boyer, Gray & Curry PLLC
Attn: Will A. Kellstrom
1106 W. Poplar St.
Rogers, AR 72756
TO HAVE AND TO HOLD the said Conservation Easement unto the said City forever_
IN WITNESS WHEREOF, the Grantor has executed and sealed this document the day and year
first above written.
GRANTOR:
By: fce
Printed Name: Rt.c Q14 13 fl,jec.
Title: Trustee, Kerni C. Dudeck Marital Trust
Date: 7-23-26 --
Page 8
IJUUUDly]I CI IVCIUpe IU. UUJUJYl -L DJe--OUML-O IrV-CV IJVOJUOIJ IM
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF Fou 1 kwew )
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and
acting Notary Public within and for said County and State, personally appeared
IP.;, 4a !( F, p , Jrtk, to me well known as the person who executed the foregoing document,
and who stated and ack owledged that he or she is the -Tip. sf•, of
j�� �Va�c
1 I t .t 1"7Nan� is duly authorized in that capacity to execute the foregoing instrument
Q
for and in the name and behalf of said corporation, and further stated and acknowledged that he
or she had so signed, executed and delivered said instrument for the consideration, uses and
purposes therein mentioned and set forth.
WITNESS my hand and seal on this Z3day of J . 2026.
BUDDY TULLIS
PULASKI COUNTY
NOTARY PUBLIC --- ARKANSAS ota ublic
W Cominissioii Expires M;ir 26, 2032
Conirinissiori No. 12718129
My Commission Expires: O3-1 G - 2 d3 Z_
Page9
UUUU,IIyII CIIVCIU�IC IL?. OOaUa4/ L-OOOL-OUML-O Iro-CO I. UOOUOI, IM
ACCEPTANCE
The undersigned does hereby, on behalf of the City of Fayetteville, Arkansas, consent to
and accepts the interest and Conservation Easement granted and conveyed to it under and
pursuant to the foregoing grant and agrees to observe and perform all obligations imposed on it
thereunder. In consideration of the making of such grant of Conservation Easement, the
undersigned further agrees as follows:
1. That should it or its successors or assigns acquire the fee simple interest in and to the
Protected Property, it shall not cause or permit the merger of such fee simple interest and the
Conservation Easement;
2. Not to release the Conservation Easement to the holder of the fee interest unless such
holder is an agency of the State of Arkansas, a unit of local government or a not -for-profit
corporation or trust whose primary purposes include the conservation of land, natural areas, open
space or water areas, or the preservation of native plants or animals, or biotic communities; and
3. That any subsequent conveyance of the Conservation Easement by it or its successors and
assigns shall be in accordance with the terms of an Act relating to Conservation Rights in Real
Property, Act 567 of 1983, as set forth at A.C.A. § 15-20-401 et seq., as such Act may be
amended from time to time, and shall not be in exchange for money, other property or services,
but shall be for no consideration and each instrument of subsequent conveyance shall expressly
set forth the same requirements.
The undersigned agrees that this acceptance and its covenants and agreements hereunder
shall be binding upon the City of Fayetteville and its successors and assigns.
CITY OF FAYETTEVILLE,
''11M0L 1j''••, ARKANSAS
By
:_____________
Molly n, Mayor
w''•,.••''• Date
ATTEST: ��``�ti.�R'� rR•�;9s�'i,
1A- ■ .��
By: . FAYETTEVILLE-
Kara Paxton, City Clerk Treasurer 9 ;�`�kAsp`'; _`��•`
Page 10
uuuuSiyii r-Iiveiupe iu. oaaua'+/L-uoac-our�c-o iro-r-o iouoaum, ira
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and
acting Notary Public within and for said County and State, personally appeared Molly Rawn and
Kara Paxton, to me well known as the persons who executed the foregoing document, and who
stated and acknowledged that they are the Mayor and City Clerk Treasurer of the City of
Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective
capacities to execute the foregoing instrument for and in the name and behalf of said municipal
corporation, and further stated and acknowledged that they had so signed, executed and delivered
said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this 6Z≤ day of , 2026.
►�►E111f11f11/
� No ra
��4
Notary Public
CI
URL1
'.y'b'•;f�Es� i��a•. �z�_
My Commission Expires:
Page 11
UUUUJIIJ.II CI IVCIU FIC IL). VVODU'-FI G-UOUL-OUFIL-O IrU-CU IOUODUOL II1
Exhibit "A"
Legal Description of Protected Property (and any surveys)
Page 12
UUGUS19.11 Crivthop IU. OOOUD4IL-UDJL-OUHL-O IrO-GO IJUOJUOI. IH
i
BE DEVELOPED: LEGAL DE
A part of the SW1 /4 of the NE1/4 of Section 24, T16N, R31 W in Washington County, Arkansas, and being
described as follows: Beginning at the NE Corner of said SW1/4, NE1 /4, said point being the POINT OF
BEGINNING, thence S02°12'17"W 552.02 feet, thence N82°39'09"W 50.20 feet, thence N87°47'43W
40.74 feet, thence along a non tangent curve to the left 79.94 feet, said curve having a radius of 180.51
feet and a chord bearing and distance of S79°21'59"W 79.29 feet, thence N22°04'52"W 79.16 feet, thence
N00°39'05"W 20.13 feet, thence along a non tangent curve to the left 167.43 feet, said curve having a
radius of 130.00 feet and a chord bearing and distance of N39°16'06"E 156.10 feet, thence N02°22'18"E
240.83 feet, thence N87°37'42"W 16.59 feet, thence N02°22'18"E 108.21 feet, thence S87°26'18"E
123.10 feet to the POINT OF BEGINNING: Containing 1.62 acres more or less subject to easements and
right of way of record.
LAND TO BE DEVELOPED: LEGAL DESCRIPTION: (NC TO CS #2)
A part of the SW1/4 of the NE1/4 of Section 24, T16N, R31W in Washington County, Arkansas, and being
described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence N87°26'18"W 123.10
feet to the POINT OF BEGINNING, thence S02°22'18"W 108.21 feet, thence S87°37'42"E 16.59 feet,
thence S02°22'18"W 240.83 feet, thence along a curve to the right 167.43 feet, said curve having a radius
of 130.00 feet and a chord bearing and distance of S39°16'06"W 156.10 feet, thence N00°39'05"W 20.64
feet, thence along a non tangent curve to the left 101.69 feet, said curve having a radius of 110.00 feet
and a chord bearing and distance of N47°13'40"E 98.11 feet, thence N87°37'42"W 77.39 feet, thence
N02°22'18"E 255.50 feet, thence N87°37'42"W 45.34 feet, thence N02°22'18"E 128.64 feet, thence
S87°26'18"E 131.75 feet to the POINT OF BEGINNING: Containing 1.05 acres more or less subject to
easements and right of way of record.
LAND TO BE PLACED INTO PROTECTED PROPERTY: LEGAL DESCRIPTION: (NC TO CCR #3)
A part of the SW1/4 of the NE1/4 of Section 24, T16N, R31W in Washington County, Arkansas, and being
described as follows: Commencing at the NE Corner of said SW1 /4, NE1 /4, thence N87°26'18' W 254.85
feet to the POINT OF BEGINNING, thence S02°22'18"W 128.64 feet, thence S87°37'42"E 45.34 feet,
thence S02°22'18"W 255.50 feet, thence S87°37'42"E 77.39 feet, thence along a non tangent curve to the
right 101.69 feet, said curve having a radius of 110.00 feet and a chord bearing and distance of
S47°13'40"W 98.11 feet, thence S00°39'05"E 40.77 feet, thence S22°04'52"E 79.16 feet, thence along a
non tangent curve to the left 78.28 feet, said curve having a radius of 180.51 feet and a chord bearing and
distance of S54°15'21 "W 77.67 feet, thence 541 °40'50"W 32.30 feet, thence along a non tangent curve to
the right 93.71 feet, said curve having a radius of 187.00 feet and a chord bearing and distance of
Ni 1°59'05"W 92.73 feet, thence N02°22'18"E 90.09 feet, thence N87°37'42"W 3.00 feet, thence
N02°22'18"E 370.83 feet, thence N87°37'42"W 63.63 feet, thence N02°22'18"E 88.92 feet, thence
S87°26'18"E 82.74 feet to the POINT OF BEGINNING: Containing 1.05 acres more or less subject to
easements and right of way of record.
UUUUJIIyI I CI IVVIUIL.). UUUUJ4/L- VDUOVML-O I rU-CU I OUODUOIJ IM
LAND TO BE PLACED INTO PROTECTED PROPERTY: LEGAL DESCRIPTION: (NC TO OCR #4)
A part of the SW1 /4 of the NE1 /4 of Section 24, T16N, R31 W in Washington County, Arkansas, and being
described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S02°12'17"W 602.02
feet to the POINT OF BEGINNING; thence S02°12'17"W 187.76 feet, thence N87°47'43"W 185.80 feet,
thence N00°39'05"W 129.22 feet, thence N41 °40'50"E 13.35 feet, thence along a non tangent curve to
the right 106.26 feet, said curve having a radius of 120.45 feet and a chord bearing and distance of
N66°56'34"E 102.85 feet, thence S87°47'43"E 40.74 feet, thence N87°03'43"E 50.20 feet to the POINT OF
BEGINNING: Containing 0.76 acres more or less subject to easements and right of way of record.
GAL DESCRIPTIO
A part of the SW1 /4 of the NE1 /4 of Section 24,11 6N, R31 W in Washington County, Arkansas, and being
described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S02°12'17"W 789.78
feet to the POINT OF BEGINNING; thence S02°12'17"W 167.44 feet, thence N87°47'43"W 105.64 feet,
thence along a non tangent curve to the left 33.73 feet, said curve having a radius of 100.00 feet and a
chord bearing and distance of N11°52'09"E 33.57 feet, thence NO2°12'17"E 134.34 feet, thence
S87°47'43"E 100.00 feet to the POINT OF BEGINNING: Containing 0.39 acres more or less subject to
easements and right of way of record.
LAND TO BE DEVELOPED: LEGAL DESCRIPTION: (NC TO CS #6)
A part of the SW1/4 of the NE1/4 of Section 24, T16N, R31W in Washington County, Arkansas, and being
described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S02°12'17"W 789.78
feet, thence N87°47'43"W 100.00 feet to the POINT OF BEGINNING, thence S02°12'17"W 134.34 feet,
thence along a curve to the right 33.73 feet, said curve having a radius of 100.00 feet and a chord bearing
and distance of Si 1°52'09"W 33.57 feet, thence N87°47'43' W 21.53 feet, thence S26°38'39W 30.46 feet,
thence N87°54'19"W 124.56 feet, thence S02°05'41 "W 101.54 feet, thence N87°54'19"W 70.83 feet,
thence N14°14'59"W 97.16 feet, thence along a non tangent curve to the Left 204.18 feet, said curve
having a radius of 658.21 feet and a chord bearing and distance of N65°56'43"E 203.37 feet, thence
N00°39'05"W 114.08 feet, thence S87°47'43"E 85.80 feet to the POINT OF BEGINNING: Containing 0.67
acres more or less subject to easements and right of way of record.
UUI:UJIIYII C I IV Ciup IV. UUJUJYI L -VDU -OVNL-O I rU-CU I JUOJUO' IM
Exhibit "B"
Baseline Documentation
Page 13
IJULUJII�.II CIIVCIUf a IL.). UUJUU'4/L-LJDUG-oLfr%L O Iru-Cu IJUoJUol. IM
EXHIBIT B:
Baseline Documentation Report
From: Blew & Associates
Subject: Baseline land assessment for parcel 765-16275-032
Current Aerial:
An
UUI:UJIIyII CI IVU1UP IU. UUUUJ4l L-L)DJL-OUJIL-O IrU-CU IJUO:JUOt, Ih
This site is namely an open field that has historically been used for agricultural purposes, however it
hasn't been used for any purposes in many years. There are sparse trees that can be found on the
northern border, a few in the low lying areas north of Catalpa, and more spread out on the south side of
Catalpa.
Current Floodplain Exhibit:
A
1
Currently this floodplain is within Zone 'A'. In the interest of having better more accurate floodplain
modeling, the City of Fayetteville, along with Fayetteville Public Schools, and Titan TLH, LLC have entered
UUl:U51yii CIIVCIUpu IU. OOOUJ'+!L-UDOL-OUHL-O Ir0-CO IJUOOUOL IM
into a cost share agreement with Olsson to perform a Letter of Map Revision for the North Farmington
Branch and North Farmington Branch Tributary 1. Fayetteville Public Schools is the property owner to the
north of this subject property and Titan TLH, LLC is the proposed developer of this current parcel.
Due to development from both owners, the floodplain will be modified to accurately reflect proposed
changes to both sites. These changes will be documented and the resulting areas that will be dedicated
as preservation areas can be found in Exhibit C.
UUUV,Iyll C IIVeiup IL?. OOUV04/L-UDO -O UHL-O Iro-CO IJVOOUOL, IH
Exhibit "C"
Proposed Conditions Report
Page 14
VUI:UJIIJ. II CI IVCIUYU IU. VUUUU4 I L-UDUL-OUFIG-O I ru-CV IJVOVVOL IM
EXHIBIT C:
Proposed Conditions Report
Fayetteville Public Schools is currently renovating John L. Colbert Middle School to be a junior high
school. With this, a new track will be placed on the south end, this will have an underground detention
pond and its outlet will convey runoff to this subject parcel of land. This runoff wilt be graded through the
middle portion of this development with infrastruture and homes surrounding the new floodplain area.
During construction, roadways, storm drainage, and utilities will have to be built, but upon completion,
the disturbed areas within the areas to be dedicated as CCR, will contain wetland mix seed,
compensatory storage areas for the floodplain to meet the city of Fayetteville's No Adverse Impact, and
all other conditions for the LOMR-F.
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the LOMR-F. A
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new swale will be
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compensatory
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NC TO CCR #3 ^
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9/8/26, 11:31 AM WASHINGTON_COUNTY_AR_RECEIPT_2026-00025908_2026-09-08_113059
KYLE SYLVESTER,CIRCUIT CLERK
RECEIPT
WASHINGTON COUNTY
280 N COLLEGE AVE • * s
°
STE 302 * �'1 �'r•
G
FAYETTEVILLE,AR 72703
(479)444-1538 **r/4. *
KSYLVESTER@WASHINGTONCOUNTYAR.GOV * *
RECEIPT NO. CUSTOMER TRANSACTION TIME
2026-00025908 CITY OF FAYETTEVILLE 09/08/2026 11:30 AM
TRANSACTION ITEMS
ITEM DESCRIPTION RECORDED TIME INSTRUMENT ID AMOUNT
ORDINANCE 09/08/2026 11:30AM 2026-26628 $135.00
FROM: TO:
CITY OF FAYETTEVILLE PUBLIC
TOTAL DUE $135.00
PAID BY CHECK(#59151) $135.00
CHANGE TENDERED $0.00
RECEIPTED BY JACOB CREASON
https://washingtonar.actrecorder.com/ReceiptTemplate?Transactionid=841647 1/1