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Home My WebLink About20-04 RESOLUTIONp,1 • • RESOLUTION NO. 20-04 A RESOLUTION TO REAFFIRM ITS COMMITMENT TO SELL MOST OF ITS DEVELOPMENT RIGHTS TO THE FAYETTEVILLE NATURAL HERITAGE ASSOCIATION, INC. ON THE 67 ACRES OF MOUNT SEQUOYAH WOODS PURCHASED BY THE CITY OF FAYETTEVILLE PURSUANT TO RESOLUTION NO. 46-03 WHEREAS, the City Council of the City of Fayetteville, Arkansas had invited the Fayetteville Natural Heritage Association, Inc. to purchase its development rights to Mount Sequoyah Woods in Resolution No. 46-03 passed unanimously by the Fayetteville City Council on April 1, 2003; and WHEREAS, the Fayetteville Natural Heritage Association, Inc. has worked diligently and continues to strive to raise contributions to purchase these development rights in the form of a conservation easement to protect Mount Sequoyah Woods so that it will be a nature preserve for all residents of Fayetteville; and WHEREAS, the Fayetteville Natural Heritage Association, Inc. has already paid to the City Fifty Thousand Dollars ($50,000.00) toward the purchase of these development rights and conservation easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby reaffirms its commitment to sell its development rights in the form of a conservation easement for Mount Sequoyah Woods except as necessary to build amenities for Mount Sequoyah Woods such as perimeter parking, walking trails, benches, picnic tables, pavilion, restroom facility and signs for the use of the public when enjoying this wooded hillside for Three Hundred Thousand Dollars ($300,000.00) to the Fayetteville Natural Heritage Association, Inc. PASSED PASSED and APPROVED this the 3`a day of February, 2004. tit e.`(11 i • ' ray Ca S▪ i▪ r~ +e.�� ca al SONDRA SMITH, City Clerk APPROVE By DAN COODY, ayor/ NAME OF FILE: CROSS REFERENCE: Item # Date Resolution No. 20-04 Document • 1 1.29.04 memo to mayor & city Council draft resolution memo to mayor & city Council draft resolution 2 2.9.04 memo to Hugh Earnest NOTES: • FAYETTEVI LLE THE CITY OF FAYETTEVIIIE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE • LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attome}�� DATE: January 29, 2004 RE• Conservation Easement for Mt. Sequoyah Woods After meeting with several representatives of the Fayetteville Natural Heritage Association, Inc. I revised the proposed Resolution To Reaffirm the commitment to sell a conservation easement. The .proposed Resolution is attached. As you can see, the previously discussed figure of $300,000.00 for the conservation easement is now made a part of this Resolution. We also acknowledge their previous payments that now total $50,000.00. I recommend these changes be made and that you amend the previously submitted draft Resolution by replacing it with this proposed Resolution. • RESOLUTION NO. c - o.• • m SS .t uktz Cense wcti-la.. Csa4 A RESOLUTION TO REAFFIRM ITS COMMITMENT TO SELL MOST OF ITS DEVELOPMENT RIGHTS TO THE FAYETTEVILLE NATURAL HERITAGE COMMITTEE ON THE 67 ACRES OF MOUNT SEQUOYAH WOODS PURCHASED BY THE CITY OF FAYETTEVILLE PURSUANT TO RESOLUTION NO. 46-03 WHEREAS, the City Council of the City of Fayetteville, Arkansas had invited the Fayetteville Natural Heritage Committee to purchase its development rights to Mount Sequoyah Woods in Resolution No. 46-03 passed unanimously by the Fayetteville City Council on April 1, 2003; and WHEREAS, the Fayetteville Natural Heritage Committee has worked diligently and continues to strive to raise contributions to purchase this conservation easement to protect Mount Sequoyah Woods for all residents of Fayetteville; and WHEREAS, the Fayetteville Natural Heritage Committee has already paid to the City tens of thousands of dollars toward the purchase of this conservation easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council of the City of Fayetteville, Arkansas hereby reaffirms its commitment to sell most of its development rights of Mount Sequoyah Woods (except as necessary to build amenities for Mount Sequoyah Woods such as perimeter parking, walking trails, benches, pavilions, etc. for the use of the public when enjoying this wooded hillside) to the Fayetteville Natural Heritage Committee for a conservation easement to protect Mount Sequoyah Woods PASSED and APPROVED this the 20th day of January, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: 44C By: DAN COOD , ayor • • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor and City Council From: Hugh Earnest, Chief Administrative Officer Date: January 8, 2004 Subject: Sale of Conservation Easement on Mt. Sequoyah Recommendation The resolution as attached to this memo be approved by the City Council Background Resolution No. 46-03 approved on April 1, 2003 by the Fayetteville City Council contained language inviting the purchase of the city development rights to this property by the Natural Heritage Committee for subsequent conveyance to the Ozark Land Trust. Current Situation Since the passage of Resolution 46-03, it has become apparent that a further reaffirmation of the City's intent to sell its development rights in the form of a single conservation easement to the Fayetteville Natural Heritage Committee is necessary. Such an action will be of benefit to the Committee in their continuing effort to raise the monies for their portion of the sale price. It is the Committee's belief that the sale of a single conservation easement protecting the integrity of the property from inappropriate development will be of benefit to their efforts. The purchase of these development rights effectively limits the City to certain specific activities related to perimeter parking, walking trails, benches and pavilions for use of the public when enjoying this wooded hillside. In addition, the Council has made it very clear both in their actions and numerous comments that the preservation of this parcel in its current state is a high priority. The Council's commitment of monies for this purchase, coupled with the continuing efforts of the Fayetteville Natural Heritage Committee in raising monies toward their pledge is an excellent example of public private cooperation. To date, the Committee has raised $35,000 toward their pledge. i� 6/d //e)/D9 • RESOLUTION NO. • A RESOLUTION TO APPROVE THE SALE OF A CONSERVATION EASEMENT TO THE FAYETTEVILLE NATURAL HERITAGE COMMITTEE ON THE 67 ACRES OF MOUNT SEQUOYAH WOODS PURCHASED BY THE CITY OF FAYETTEVILLE PURSUANT TO RESOLUTION NO. 46-03 (HEREINAFTER MOUNT SEQUOYAH WOODS) WHEREAS, the City Council of the City of Fayetteville, Arkansas had invited the Fayetteville Natural Heritage Committee to purchase its development rights to Mount Sequoyah Woods in Resolution No. 46-03 passed unanimously by the Fayetteville City Council on April 1, 2003; and WHEREAS, the Fayetteville Natural Heritage Committee has worked diligently and continues to strive to raise contributions to purchase this conservation easement to protect Mount Sequoyah Woods for all residents of Fayetteville; and WHEREAS, the Fayetteville Natural Heritage Committee has already paid to the City tens of thousands of dollars toward the purchase of this conservation easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the City Council of the City of Fayetteville, Arkansas hereby reaffirms its commitment to sell its development rights (except as necessary to build amenities for Mount Sequoyah Woods such as perimeter parking, walking trails, benches, pavilions, etc. for the use of the public when enjoying this wooded hillside) to the Fayetteville Natural Heritage Committee for a conservation easement to protect Mount Sequoyah Woods PASSED and APPROVED this the 16`" day of December, 2003. APPROVED. By: OR ATTEST: By: SONDRA SMITH, City Clerk DAN COODY, Mayor FAYETTEALLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Hugh Earnest Administration From: Clarice Buffalohead-Pearman City Clerk Division Date: February 9, 2004 Re: Resolution 20-04 Attached is a copy of the above resolution passed by the City Council, February 3, 2004, reaffirming the city's commitment to sell developmental rights to the Fayetteville Natural Heritage Association, Inc. on 67 acres of Mt. Sequoyah. This resolution will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc Nancy Smith, Internal Auditor CONSERVATION EASEMENT izptp 6911. &-nse r ra-hail eg6U 't.2rl i - The City of Fayetteville, Arkansas. as Grantor, for and in consideration of Three Hundred Thousand Dollars ($300,000.00) hereby grants, bargains, sells and conveys unto Grantee Fayetteville Natural Heritage Association, Inc. a conservation easement as described below upon the property known as Mount Sequoyah Woods more particularly described as follows: The East 895 feet of the Southeast Quarter (SE Y4) of the Northeast Quarter (NE Vii) of Section Fifteen (15), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being all that part of said 40 acre tract not included in the plat of Western Methodist Assembly subdivision to the City of Fayetteville, Arkansas, containing 27.12 acres, more or less. and The Southwest Quarter (SW '/) of the Northwest Quarter (NW '/) of Section Fourteen (14), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, containing 40 acres, more or Tess. Subject To Any Right Of Ways Or Easements Of Record Or Existing Water Or Sewer Lines. 1. Purpose. The purpose of this Conservation Easement is to ensure that the Mount Sequoyah Woods will remain forever predominately in its present condition as a nature park preserving the natural habitat as much as possible, with the City of Fayetteville retaining the right to construct, maintain and repair trails, picnic areas. benches and other park amenities which within the discretion of the City are compatible with a city nature park. The City further retains the right to construct small parking lots near access areas, to access for maintenance, repair or replacement of any city sewer or water mains or public buildings within this area. 2. Prohibited Uses. Any activity on or use of the Mount Sequoyah Woods inconsistent with the purposes of this Conservation Easement is prohibited. Apart from necessary water/sewer main construction, repair or construction of trails, benches, picnic tables and other nature park amenities (including possible small parking lots near access areas), there shall be no construction, no excavation, no harvesting of trees, no dumping, no pollution, and no gasoline powered vehicles (other than maintenance equipment such as mowers). 11/4 • 3. Assignment. The Grantee Fayetteville Natural Heritage Association, Inc. may only assign its interests conveyed by it through this conservation easement to a qualified organization as defined in §170 (h)(3) of the Internal Revenue Code of 1986 (or any successor section) that is organized and operated primarily for conservation purposes and such conservation organization (and any subsequent assigns) shall be required to carry out in perpetuity the conservation purposes of this easement. 4. Enforcement. Grantee Fayetteville Natural Heritage Association, Inc. shall expeditiously notify the Mayor's Office of the City of Fayetteville (113 W. Mountain, Fayetteville, AR) in writing if it believes any purpose of this easement has been violated. Both the City of Fayetteville and the Fayetteville Natural Heritage Association, Inc. have independent and joint powers (including suit for trespass, injunction, damages, etc.) to enforce this easement in the Circuit Court of Washington County, Arkansas. The City of Fayetteville's conveyance of this conservation easement to the Fayetteville Natural Heritage Association, Inc. is TO HAVE AND TO HOLD, this Conservation Easement unto the Grantee Fayetteville Natural Heritage Association, Inc. forever. IN WITNESS WHEREOF, the Grantor City of Fayetteville, by and through its elected Mayor, Dan Coody, has _executed and sealed this easement with his signature attested by the elected City Clerk, Sondra Smith on this /9t1t ' day of December, 2008. By iiiiii 111111/10 U• •1:t ' ;FAYETTEVILLE: 17 ys•• 9,QkANSP�'J�o'� li-1t� fJ y/hGTON �O% Bv: "unuuu%% So dra E. Smith. City Clerk/Treasurer GRANTOR CITY OF FAYETTEVILLE DA! COODY, Mayor ATTEST: ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED that on this 1.77-- day of December, 2008, the undersigned, a Notary Public, qualified, and acting, within and for the said County and State, that in person appeared the within named Dan Coody, Mayor, and Sondra E. Smith, City Clerk/Treasurer, both of the of the City of Fayetteville, Arkansas, and authorized so to act, to me personally well known (or satisfactorily proven to be), and were duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said entity, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONVN yREOF, I have hereunto set my hand and official seal this /2 day of December, 2008. `.,��‘ItM A SRptf ,�� `�� ^�SSION 3'•f• iii - ;ate so tin, gym• %A1/4-45c2sefr----' • •V y •a • ®A —$• o• — otary Public • y AAVBLIO �+• • S Fgt My Commission Expif6e,, ir*COVetltt0e a—eg-lK Ck# 1108 1116 1118 1119 1120 1121 1121 1124 1125 Fayetteville Natural Heritage Association Mount Sequoyah Woods Pavilion Date Payee 12/21/2006 Robert 3/7/2007 Robert 3/16/2007 Robert 4/1/2007 Robert 4/13/2007 Robert 4/27/2007 Robert 5/18/2007 Robert 6/8/2007 Robert 6/21/2007 Robert 1126 7/16/2007 Robert 1129 7/27/2007 Robert 1130 8/16/2007 Robert 1132 9/25/2007 Robert 1134 10/26/2007 Robert 1137 11/14/2007 Robert 1140 12/19/2007 Robert 1144 2/11/2008 Robert 1148 3/17/2008 Robert 1152 4/14/2008 Robert 1153 4/25/2008 Robert 1156 5/25/2008 Robert 1159 6/30/2008 Robert T-6 8/7/2008 Robert 1211 10/20/2008 Robert Certification: Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan Runyan 2006, 2007 and 2008 Purpose Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Labor and Materials Amount 2,615.00 11, 000.00 5,000.00 8,000.00 5,000.00 5,000.00 5,000.00 5,000.00 6,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 3,000.00 2,000.00 3,000.00 3,000.00 2,000.00 5,000.00 5,000.00 4,000.00 1,600.00 111,215.00 I, Robert Runyan certify that the above summary, is a true and accurate listing of the billings made by me to The Fayetteville Natural Heritage Association, and that the Association paid those amounts on the dates indicated. All billings were for labor and materials used exclusively for the construction of the Mount Sequoyah Pavilion. Robert Runyan ate pL M COPY CONSERVATION EASEMENT The City of Fayetteville, Arkansas, as Grantor, for and in consideration of Three Hundred Thousand Dollars ($300,000.00) hereby grants, bargains, sells and conveys unto Grantee Fayetteville Natural Heritage Association, Inc. a conservation easement as described below upon the property known as Mount Sequoyah Woods more particularly described as follows: The East 895 feet of the Southeast Quarter (SE '/) of the Northeast Quarter (NE 1/4) of Section Fifteen (15), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being all that part of said 40 acre tract not included in the plat of Western Methodist Assembly subdivision to the City of Fayetteville. Arkansas, containing 27.12 acres, more or less. and The Southwest Quarter (SW '/) of the Northwest Quarter (NW '/) of Section Fourteen (14), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, containing 40 acres, more or less. Subject To Any Right Of Ways Or Easements Of Record Or Existing Water Or Sewer Lines. 1. Purpose. The purpose of this Conservation Easement is to ensure that the Mount Sequoyah Woods will remain forever predominately in its present condition as a nature park preserving the natural habitat as much as possible, with the City of Fayetteville retaining the right to construct, maintain and repair trails, picnic areas, benches and other park amenities which within the discretion of the City are compatible with a city nature park. The City further retains the right to construct small parking lots near access areas, to access for maintenance, repair or replacement of any city sewer or water mains or public buildings within this area. 2. Prohibited Uses. Any activity on or use of the Mount Sequoyah Woods inconsistent with the purposes of this Conservation Easement is prohibited. Apart from necessary water/sewer main construction, repair or construction of trails, benches, picnic tables and other nature park amenities (including possible small parking lots near access areas), there shall be no construction, no excavation, no harvesting of trees, no dumping, no pollution, and no gasoline powered vehicles (other than maintenance equipment such as mowers). L 3. Assignment. The Grantee Fayetteville Natural Heritage Association. Inc. may only assign its interests conveyed by it through this conservation easement to a qualified organization as defined in §170 (h)(3) of the Internal Revenue Code of 1986 (or any successor section) that is organized and operated primarily for conservation purposes and such conservation organization (and any subsequent assigns) shall be required to carry out in perpetuity the conservation purposes of this easement. 4. Enforcement. Grantee Fayetteville Natural Heritage Association, Inc. shall expeditiously notify the Mayor's Office of the City of Fayetteville (113 W. Mountain, Fayetteville, AR) in writing if it believes any purpose of this easement has been violated. Both the City of Fayetteville and the Fayetteville Natural Heritage Association, Inc. have independent and joint powers (including suit for trespass, injunction, damages, etc.) to enforce this easement in the Circuit Court of Washington County, Arkansas. The City of Fayetteville's conveyance of this conservation easement to the Fayetteville Natural Heritage Association, Inc. is TO HAVE AND TO HOLD, this Conservation Easement unto the Grantee Fayetteville Natural Heritage Association, Inc. forever. IN WITNESS WHEREOF, the Grantor City of Fayetteville, by and through its elected Mayor, Dan Coody, has executed and sealed this easement with his signature attested by the elected City Clerk, Sondra Smith on this 4,2-/-17-- day of December, 2008. By �'�1•0<C SN 0v n7,,/0 w P\0%, •. So GRANTOR CITY OF FAYETTEVILLE DA COODY, Mayor ATTEST- G-k.et ,a3 Ira E. Smith, City Clerk/Treasurer ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED that on this La day of December, 2008, the undersigned, a Notary Public, qualified, and acting, within and for the said County and State, that in person appeared the within named Dan Coody, Mayor, and Sondra E. Smith, City Clerk/Treasurer, both of the of the City of Fayetteville, Arkansas, and authorized so to act, to me personally well known (or satisfactorily proven to be), and were duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said entity, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMON'i}NMyREOF, I have hereunto set my hand and official seal this /2 day of December, 2008.0\taNA 8Ry�i ` 4 ` •off So TAR `c .640 o; L' A y A ueilc • 'ye4'4Ory Vitttt`` 1p*�P``p� My Commission Ex piiiutln -/k- 1 401 X n/O14 � PROMISSORY NOTE v �,t'al m,,3/44 t 4550e. / It) The Fayetteville Natural Heritage Association, Inc. promises to pay to the order of the !/ Rea) City of Fayetteville the sum of Eleven Thousand Five Hundred Dollars ($11,500.00) on or before December 31, 2008. Said payment shall be presented to the Office of the Mayor, Fayetteville City Hall, 113 West Mountain Street. Fayetteville, Arkansas during normal business hours (8:00 A.M. to 5:00 P.M., Monday through Friday). Payment of this Promissory Note shall constitute full and final payment for the purchase of the Conservation Easement for the Brooks -Hummel Nature Reserve conveyed to the Fayetteville Natural Heritage Association, Inc. on or about November 6, 2007. By: Date signed: day of November, 2007. Fayetteville Natural Heritage Association, Inc. PETE HEIN ELMAN Chairman w-o'f • • • CONSERVATION EASEMENT The City of Fayetteville, Arkansas, as Grantor, for and in consideration of $179,500.00 hereby grants, bargains, sells and conveys unto Grantee Fayetteville Natural Heritage Association, Inc. a conservation easement as described below upon the property known as the Brooks -Hummel Nature Reserve more particularly described as follows: A PART OF THE NE/4 OF THE NW/4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT FOR THE POINT OF BEGINNING AND RUN THENCE N0°32'15"W ALONG THE WEST LINE OF SAID FORTY 851.78 FEET; THENCE N89°0'19"E 483.79 FEET TO A FOUND STONE; THENCE N0°24'15"W 139.45 FEET TO A FOUND IRON PIN; THENCE N89°3024"E 263.98 FEET TO A FOUND IRON PIN; THENCE S0°55'55"E 376.00 FEET; THENCE S0°22'51" 609.85 FEET TO THE SOUTH LINE OF SAID FORTY; THENCE S88°37'27"W ALONG SAID SOUTH LINE 626.45 FEET TO THE POINT OF BEGINNING AND CONTAINING 13.75 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO A SEWER LINE EASEMENT TO THE CITY OF FAYETTEVILLE WATER AND SEWER DEPT. AND ANY OTHER RIGHT OF WAYS AND/OR EASEMENTS OF RECORD. 1. Purpose. The purpose of this Conservation Easement is to ensure that the Brooks -Hummel Nature Reserve will remain forever predominately in its present condition as a nature park preserving the natural habitat as much as possible, with the City of Fayetteville retaining the right to construct, maintain and repair trails, picnic areas, benches and other park amenities which within the discretion of the City are compatible with a city nature park. The City further retains the right to construct small parking lots near access areas, to access for maintenance, repair or replacement of the existing 12" city sewer main Tying approximately as shown on the January 8, 2006 Plat of Survey by Gore Engineering & Land Surveying (Exhibit A attached), and a 25' wide water/sewer easement along the south property line in order to install a future water main to connect the city's stub out water main off Woodcrest Drive to the end of Edgehill. • • • • • • 2. Prohibited Uses. Any activity on or use of the Brooks -Hummel Nature Reserve inconsistent with the purposes of this Conservation Easement is prohibited. Apart from necessary water/sewer main construction, repair or maintenance along the current sewer main or within the 25' easement on the south border of the property, construction of trails, benches, picnic tables and other nature park amenities (including possible small parking lots near access acres), there shall be no construction, no excavation, no harvesting of trees, no dumping, no pollution, and no gasoline powered vehicles (other than maintenance equipment such as mowers). 3. Assignment. The Grantee Fayetteville Natural Heritage Association, Inc. may only assign its interests conveyed by it through this conservation easement to a qualified organization as defined in §170 (h)(3) of the Internal Revenue Code of 1986 (or any successor section) that is organized and operated primarily for conservation purposes and such conservation organization (and any subsequent assigns) shall be required to carry out in perpetuity the conservation purposes of this easement. 4. Enforcement. Grantee Fayetteville Natural Heritage Association, Inc. shall expeditiously notify the Mayor's Office of the City of Fayetteville (113 W. Mountain, Fayetteville, AR) in writing if it believes any purpose of this easement has been violated. Both the City of Fayetteville and the Fayetteville Natural Heritage Association, Inc. have independent and joint powers (including suit for trespass, injunction, damages, etc.) to enforce this easement in the Circuit Court of Washington County, Arkansas. The City of Fayetteville's conveyance of this conservation easement to the Fayetteville Natural Heritage Association. Inc. is TO HAVE AND TO HOLD, this Conservation Easement unto the Grantee Fayetteville Natural Heritage Association, Inc. forever. IN WITNESS WHEREOF. the Grantor City of Fayetteville, by and through its elected Mayor, Dan Coody, has executed and sealed this easement with his signature attested by the elected City Clerk, Sondra Smith on this &f4 day of November, 2007. By: GRANTOR CITY OF FAYETTEVILLE DAN COODY, Mayor ATTEST: By: 7& O)-t.b.A/ Sondra E. Smith, City Clerk/Treasurer