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HomeMy WebLinkAbout210-06 RESOLUTIONRESOLUTION NO. 210-06 A RESOLUTION ACCEPTING A PERPETUAL CONSERVATION EASEMENT FROM FRANK SHARP AS TRUSTEE OF THE SHARPRIDGE TRUST OF AN APPROXIMATELY TWENTY (20) ACRE SIGNIFICANT NATURAL AREA ON BEHALF OF THE PEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, promoting widespread deployment of conservation easements is a key element in achieving the City Plan 2025 goal of assembling an Enduring Green Network in the City of Fayetteville; and, WHEREAS, Frank Sharp, as Trustee of the Sharpridge Trust, has generously offered the invaluable gift of preserving in perpetuity approximately 20 acres of naturally forested hillside for the common benefit of the citizens of the City of Fayetteville. 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, on behalf of a grateful citizenry, hereby accepts the perpetual Conservation Easement which Frank Sharp has so generously granted to the City of Fayetteville. A copy of the Conservation Easement, marked Exhibit A, is attached hereto and made a part hereof. PASSED and APPROVED this 19th day of December, 2006. APPROVED: By: ATTEST: DAN COODY, May By:eitad SONDRA SMITH, City Clerk/Treasurer .U° :0 FAYETTEVILLE: 2. .1,? 4�ysPOJ? ,,�,,/yG i MINI ,�,. The rayettevillc Natural heritage Association, Inc. is dedicated to conserving natural areas of rayetteville and its environs for t+e benefit of present and future generations. 18 December 2008 Dan Coody, Mayor City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Coody, The Conservation Easement and Acceptance, dated December 21, 2006, for which the City of Fayetteville is the Grantee and Frank Sharp is the Grantor , r'equires an annual inspection and report on the property (paragraph 4.6). Attached is the report on the second annual inspection that was conducted by the Fayetteville Natural Heritage Association on October 28, 2008. All conditions of the Conservation Easement are being met. The Grantor has constructed trail markers were the trail crosses Smokehouse Road to make it ear for first time visitors to locate the trail. Sincerely, Fayetteville Natural Heritage Association Bob Caulk Chairman Enclosure cc: Franii Sharp r.Q. box 5635 JajetteviIIe Arkansas 72702-5635 www.fa9etteviNenatural.org Fayetteville Natural Heritage Association Conservation Easement Monitoring Form 1. Property Information and Contacts SITE NAME: Sharp Tract Easement Holder: City of Fayetteville Representative: Mayor, Dan Coody, 479-575-8330 113 W Mountain St. Fayetteville, AR 72701 II. Last Visit Date of Last Visit: 12/13/07 Issues or Problems: Initiate control of exotic species, especially bush honeysuckle, pursue voluntary cleanup of trash pile (at no cost to landowner). Opportunities: Place signs along entrances to the trail. III. This Visit Date: 10/28/08 Monitors: Chris Wilson, 479-799-5321, cwilson@inc.orr Bob Caulk, 479-973-2968, bobcaulk@cox.net Pete Heinzelmann, 479-521-8973, petemarg@cox.net Owner/Representative: Frank Sharp, 479-267-3205, fsharp@pgtc.com Has property changed ownership since last visit? Subdivided? no Was owner/rep contacted before this visit? yes Did owner/rep accompany monitor? no Comments, future plans of owner/rep? May initiate control of some invasive, has marked trail entrances with signs. Area inspected: Describe inspected areas and indicate all areas visited on a site map. Show routes taken using a dashed line. Monitors hiked from the Sharp residence down the driveway to the road intersection, then proceeded NE along the road to the intersection with trail. Monitors hiked the trail to the east and followed the trail through the east side of the tract to its intersection with the road at the north end. Monitors crossed the road and continued following the trail to the west and south until it again intersected with the road in the south end of the property. Monitor's Observations Current Land Uses: none, except some public use of trail New or Changed Conditions (from previous report): The trail route may have changed slightly in some areas. Some improvements completed, including placing rocks along trail in creek crossings and cutting fallen trees out of the trail. Trash pile on neighboring property appears to have been removed. Trail heads are now marked. Describe current conditions for each of the permitted and restricted uses on the Existing Conditions Record (attached). Are terms of the easement being met? Explain (attach additional pages if necessary). Yes Terms are met Activities on Adjacent Properties: Several residences exist around the property. A trash pile on an adjacent property that existed a year ago appears to have been removed. Does site show signs of public use? If yes, describe. Some sign of public use of the trail. Opportunities to increase the value of the easement (educational, exotics control, etc) Initiate control of exotic species, especially bush honeysuckle_ Existing Conditions Record Restricted Uses of the Property The following uses and practices are inconsistent with the purpose of the conservation easement except as expressly permitted under Consistent Uses of the Property . A. No Construction Easement Condition: There shall be no constructing or placing of any buildings, tennis or other recreational court, landing strip, mobile home, swimming pool, fence or sign (other than those required by the Grantee 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. Baseline Condition: A 2 -lane asphalt road runs through the property; otherwise, no construction exists. Existing Condition: No new construction has occurred. B. No Excavation Easement Condition: 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, except as to construct a formal walking trail from the informal walking path that is currently present on the protected property as set forth in §2.9 and §3.3 below. Baseline Condition: A primitive walking trail exists on the property. Existing Condition: Primitive walking trail exists with limited improvements such as rock steps and rock creek crossings. C. No Cutting Easement Condition: There shall be no removal, harvesting, destruction or cutting of trees, shrubs or plants, planting of trees, shrubs or plants, use offertilizers, 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, and except to maintain any trails that are established thereon as provided below. Baseline Condition: A few small trees and downed logs cut to establish formal walking trail. Existing Condition: No cutting has occurred other than cutting down trees to maintain trail. D. No Dumping Easement Condition: 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. Baseline Condition: No evidence of dumping exists on the property. Existing Condition: No evidence of dumping exists on the property. E. No Pollution Easement Condition: 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. Baseline Condition: No evidence of pollution or alteration to water exists on the property. Existing Condition: No evidence of pollution or alteration to water exists on the property. F. No Vehicles Easement Condition: There shall be no operation of mountain or other bicycles, snowmobiles, dune buggies, motorcycles, all -terrain or off-road vehicles, hang gliders, aircraft, jet skis, motorized boats or any other types of mechanized vehicles, even on the walking trail as more fully described below, except as required to maintain the Protected Property, and except on that portion of the Protected Property on which the present city street — Smokehouse Trail -- is situated, which is owned and maintained by the Grantee as set forth more fully in §3.5 below. Baseline Condition: No evidence of bikes or vehicles exists on the property. Existing Condition: No evidence of bikes or vehicles exists on the property. G. No Subdivision Easement Condition: The Protected Property may not be divided, partitioned, or subdivided, nor conveyed except in its current configuration as an entity. Baseline Condition: No subdivision has occurred. Existing Condition: No subdivision has occurred. H. Density Easement Condition: 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; provided, however, that with prior written permission of the Grantee, this paragraph shall not preclude such transfer of development rights resulting from the destruction or demolition of any existing residential building on the Protected Property. Baseline Condition: No changes in density or transfers of development rights have occurred. Existing Condition: No changes in density or transfers of development rights have occurred. 1. Trails Easement Condition: The parties acknowledge existence of an informal walking path that is located on the Protected Property as of the date of this Easement, as shown in attached exhibit. This path shall be improved into a soft surface natural nature trail by Grantee and its agents and volunteers in conjunction with the overall construction and improvement of the Kessler Mountain Trail that will be located on adjacent properties. All such improvements shall be to the existing informal walking path in its present location. No asphalt or concrete shall be allowed. The public shall have access to this trail as a walking path, both as now existing and as improved as set forth above; provided, however, that the public shall not have access to any other portions of the Protected Property except as may otherwise be provided herein. One or more of Grantor's trustees shall be consulted and shall approve all improvements to the trail from time to time. No mountain biking, motorcycle riding, or other activities shall be engaged in on the path or the trail except pedestrian walking. Pets shall be allowed thereon. Baseline Condition: A primitive walking trail exists on the property. Existing Condition: Primitive walking trail exists with limited improvements such as rock steps and rock creek crossings. There is evidence of pedestrian use by the public, with no evidence of bikes or other vehicles. Existing Conditions Record (continued) Permitted Uses of the Property The following uses and practices are consistent with the conservation easement. The easement allows the Grantor and/or Assigns to: A. Existing Uses Easement Condition: The right to undertake or continue any activity or use of the Protected Property not prohibited by this Conservation Easement. Prior to making any change in use of the Protected Property, the Grantor shall notify the Grantee in writing to allow the Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. Baseline Condition: Grantee uses property solely for nondestructive recreational uses. Existing Condition: Grantee uses property solely for nondestructive recreational uses. B. Transfer Easement Condition: 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. Baseline Condition: No transfer has occurred. Existing Condition: No transfer has occurred. C. Trail Easement Condition: To make improvements to and maintain the present informal walking path and the formal trail in the same location as it is constructed. Baseline Condition: A primitive walking trail exists on the property. Existing Condition: Primitive walking trail exists with limited improvements such as rock steps and rock creek crossings. D. Diseased Trees Easement Condition: The right to cut and remove dead, diseased, or exotic trees, shrubs, or plants and to cut firebreaks at Grantor 's discretion. Baseline Condition: No evidence of tree cutting or removal. Existing Condition: No evidence of tree cutting or removal, except for trail maintenance. E. Existing Road Easement Condition: The right to continue using the existing road (Smokehouse Trail) through the Protected Property. Baseline Condition: Smokehouse Trail is a city -maintained asphalt road used by Grantor and the public. Existing Condition: Smokehouse Trail is a city -maintained asphalt road used by Grantor and the public. F. Utility Easement Easement Condition: The right to construct and maintain one or more utility easements through the Protected Property to provide any utilities (in the broadest sense of the word) to any property located outside of the Protected Property. Baseline Condition: No easements maintained. Existing Condition: No easements maintained. G. Grantor's Access Easement Condition: The right to allow the Sharp family and its guests and invitees to continue to access the Protected Property from time to time as they may determine in their discretion. Baseline Condition: Sharp Family accesses and uses the property for recreation. Existing Condition: Sharp Family accesses and uses the property for recreation. H. Certain Third Party Access Easement Condition: The right to grant written permission to certain non-profit third parties such as, without limitation, the University of Arkansas, school districts, City of Fayetteville, etc., and the right for those entities and their employees, students, etc. to access the Protected Property, for educational uses that do not unreasonably interfere with the purpose of this easement. Baseline Condition: Certain parties granted access as appropriate. Existing Condition: Certain parties granted access as appropriate. T. Enforcement Easement Condition: The right (but not the obligation) to enforce the terms of this Conservation Easement, it being understood that Grantee has the same right and obligation. Baseline Condition: No enforcement required. Existing Condition: No enforcement required. J. Cut Wood Easement Condition: The right to cut wood from time to time as long as it does not substantially alter the Protected Property. Baseline Condition: No wood cutting observed other than for trail maintenance. Existing Condition: No wood cutting observed other than for trail maintenance. K. Agricultural Use Easement Condition: The right to use up to two acres on the south end of the Protected Property for agricultural purposes, which includes without limitation the right to erect agricultural fencing to prevent grazing animals from accessing the remainder of the Protected Property. Baseline Condition: No agricultural use. Existing Condition: No agricultural use. Documentation A site map is attached. A minimum of six photographs is required (mark locations on map). Recent aerial photo may be required if necessary to document easement conditions. Signature of Monitor(s) Date 1 2/r7/06 Signature of Monitor(s) Date 1 2 ` 17 -05- Signature 05 - Signature of Monitor(s) Date 2/2 Appendix A. Map showing locations of photo stations and the route traveled by monitors. lull 0" ratio 01, 'bias - -- - RoE'ntAdtt' ft, Fairer° Siwrootta / I► Appendix B. Photographic Data Sheet Photographer: Date of Photos: CL O 00 00 00 0 00 00 in N N N 4 N N 0.101 0 O Q Q O CL LA O 00 00 00 00 00 0o 4- 0 vy v • a cu U 0 LL E E E E E E N E N E N E NE N N N N N N N b 0) _X X_ _X X_ X_ X_ A 0. 0. 0. 0. 0. a (`▪ 0 C • Q C 0 • C 0 C Q C C• 0 N L Ql U.. 09u' Ql LL LL al - Ol : , u.,1LW : ti LW ;C, LW :=, UJ ;,,,ti W = 0 0 = 0 D ru LL. LL U.. LJ.. U.. LL. t d-, o E Ln m r1 N Q v z .0 0.0.ae • LJ O 0 V L -C C (0 L '(0 I- 4- ;O • 0 .ac c (0 a 0 E (oo N 10 C -.J • 4-. C GPS Location N 36.04591 road and south W 94.22118 Z u) LW 0 W O1 00 Ql OC in L.dra ° L a 0 ..0 al -p ...1d4... L▪ A in C U = N (77) (0 t L _ 61.1 Q. as ((00 0 a- Q s- o ,,- a-+ O 01 4U., (�o O C L 0 a 0 ▪ y a to d V) 0 1.1 O -0 ua t^ 411 O V) Q cc 1— in 0J U N 36.04340 N W 9422073 intersection of c' "v-( 00 N O N O N m al m cn z z m Cr - 0 E a ao , bA vi -.F... (0 0 Q i 0 (0 f0 L. N U'1 L/) 0. Forested drain Intersection of trail with creek 10 0 ccO O U N 0J OE Exhibit C. Photos of the Sharp Tract. K'0 - r : • y F SFR q i i s`ti-,471; t., • . y k. x .aesss ���yq r— v Y ,: ,t E A ;+f l , . i .„.. +—mss L Ld'C �., "?.1� W 4 ,, f i .i•.F'�a� .k 99 .f J. y'_4^MI.�S I - _'Tim _l!X � a. Photo 2. Rock outcrop along trail through the forest Photo 3. Hillside east of road. Photo 4. Road intersection and grassy opening along property boundary Photo 5. Forested drainage Photo 6. Road and surrounding forest in the NE part of the property CONSERVATION EASEMENT f4 This CONSERVATION EASEMENT made thislj day of December, 2006. RECITALS: A. Frank Sharp, Trustee of The Sharpridge Trust u/d May 17, 1974, as amended, residing at, 2062 Smokehouse Road, Fayetteville, Arkansas, ("Grantor") is the owner in fee simple of certain real property, (the "Protected Property") that is described on Exhibit "A" that is attached hereto and incorporated by reference herein, and which constitutes approximately 20 acres, is undeveloped and has ecological, scientific, educational and aesthetic value in its present undeveloped state. B. The Protected Property is a significant natural area that qualifies as a "...relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96- 541, 26 USC 170(h)(4)(A)(ii), as amended, and in regulations promulgated thereunder. More specifically the Property is a naturally forested hillside with shagbark hickories, red and white oaks, ash trees, and other aesthetically pleasing and beneficial vegetation as noted in a written report by John V. Crone, Professor of Landscape Architecture at the University of Arkansas in Fayetteville, and is in an area of the City of Fayetteville that is rapidly being transformed into commercial and residential developments. C. The condition of the Protected Property as of the date of this grant is documented in a Baseline Documentation Report, prepared by the Grantor and signed and acknowledged by the City of Fayetteville, Arkansas ("Grantee") and which .includes reports, maps, photographs, and other documentation. • • Page 1 of 17 Pages 1 D. On or about July 17, 2006, Grantee adopted the "City Plan 2025," which included the goal of assembling an "Enduring Green Network" {as that term is defined therein), a copy of which is included in the Baseline Documentation Report, which includes"large scale preserves for stabilizing hillsides, protecting natural habitats & water quality, and scenic vistas -accelerate public acquisition of open space and parks -promote widespread deployment of conservation easements, transfer of development rights and cluster development -maximize City influence over development and preservation in outlying unincorporated areas." E. The Grantor and Grantee 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 Grantee wish to avail themselves of the provisions of that law. F. The Grantor and Grantee believe that conserving the Protected Property in perpetuity as set forth below would provide a significant open space for the scenic enjoyment of the general public, which would provide a significant public benefit, pursuant to 26 USC 170(h)(4), and the regulations promulgated thereunder, particularly in light of the increasing urbanization of the properties surrounding the Protected Property and other property that is subject to conservation easements in the area which together provide a greater benefit to the public than any single tract would alone. 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 Grantee a Conservation Easement in perpetuity over the Protected Property of the nature and character as follows: 1. Purpose. The purpose of this Conservation Easement is to ensure that the Protected Property will be retained forever predominantly in its present condition as of the date this Easement was granted, except for minimal future trail expansion 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. 2. Prohibited Uses. 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: Page 2 of 17 Pages 2.1 No Construction. There shall be no constructing or placing of any buildings, tennis or other recreational court, landing strip, mobile home, swimming pool, fence or sign (other than those required by the Grantee 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, except as necessary to construct a formal walking trail from the informal walking path that is presently located on the Protected Property as set forth in §2.9 and §3.3 below. 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 of 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, and except as necessary to construct a formal walking trail from the informal walking path that is presently located on the Protected Property as set forth in §2.9 and §3.3 below. 2.4 No Dumpling. 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. 2.5 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. 2.6 No Vehicles. There shall be no operation of mountain or other bicycles, snowmobiles, dune buggies, motorcycles, all -terrain or off-road vehicles, hang gliders, aircraft, jet skis, motorized boats or any other types of mechanized vehicles, even on the walking trail as described more fully below, except as required to maintain the Protected Property, and except on that portion of the Protected Property on which the present city street — Smokehouse Trail — is situated, which is owned and maintained by the Grantee as set forth more fully in §3.5 below. Page 3 of 17 Pages 2.7 No Subdivision. The Protected Property may not be divided, partitioned, or subdivided, nor conveyed except in its current configuration as an entity. 2.8 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 transfeirable development rights, scheme cluster development arrangement or otherwise; provided, however, that with prior written permission of the Grantee, this paragraph shall not preclude such transfer of development rights resulting from the destruction or demolition of any existing residential building on the Protected Property. 2.9 Trails. The parties acknowledge that existence of an informal walking path that is located on the Protected Property as of the date of this Easement, as shown on Exhibit "C" attached hereto and incorporated by reference herein. This path shall be improved into a soft surface natural nature trail by Grantee and its agents and volunteers in conjunction with the overall construction and improvement of the Kessler Mountain Trail that will be located on adjacent properties. All such improvements shall be to the existing informal walking path in its present location. No asphalt or concrete shall be allowed. The public shall have access to this trail as a walking path, both as now existing and as improved as set forth above; provided, however, that the public shall not have access to any other portions of the Protected Property except as may otherwise be provided herein. One or more of Grantor's trustees shall be consulted and shall approve all improvements to the trail from time to time. No mountain biking, motorcycle riding, or other activities shall be engaged in on the path or the trial except pedestrian walking. Pets shall be allowed thereon. 3. Grantor's Reserved Rights. The Grantor hereby reserves the following rights: 3.1 Existing Uses. The right to undertake or continue anyactivity or use of the Protected Property not prohibited by this Conservation Easement. Prior to making any change in use of the Protected Property, the Grantor shall notify the Grantee in writing to allow the Grantee 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. 3.3 Trail. To make improvements to and maintain the present informal walking path and the formal trail in the same location as it is constructed. Page 4 of 17 Pages 3.4 Diseased Trees. The right to cut and remove dead, diseased, or exotic trees, shrubs, or plants and to cut firebreaks at Grantor's discretion. 3.5 Existing Road. The right to continue using the existing road (Smokehouse Trail) through the Protected Property. 3.6 Utility Easement. The right to construct and maintain one or more utility easements through the Protected Property to provide any utilities (in the broadest sense of the word) to any property located outside of the Protected Property. 3.7 Grantor's Access. The right to allow the Sharp family and its guests and invitees to continue to access the Protected Property from time to time as they may determine in their discretion. 3.8 Certain Third Party Access. The right to grant written permission to certain non-profit third parties such as, without limitation, the University of Arkansas, school districts, City of Fayetteville, etc., and the right for those entities and their employees, students, etc. to access the Protected Property, for educational uses that do not unreasonably interfere with the purpose of this easement. 3.9 Enforcement. The right (but not the obligation) to enforce the terms of this Conservation Easement, it being understood that Grantee has the same right and obligation. 3.10 Cut Wood. The right to cut wood from time to time as long as it does not substantially alter the Protected Property. 3.11 Agricultural Use. The right to use up to two acres on the south end of the Protected Property for agricultural purposes, which includes without limitation the right to erect agricultural fencing to prevent grazing animals from accessing the remainder of the Protected Property. 4. Grantee'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 Grantee by this Conservation Easement: 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 Page 5 of 17 Pages 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 Grantee to ensure their continued presence and viability on the Protected Property. Such activities shall be in accordance with management practices of the Grantee, 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 Grantee's consent for activities otherwise prohibited under paragraph 2 above, or for any activities requiring Grantee's consent under paragraph 3 above, may be given under the following conditions and circumstances. If, owing to unforeseen or changed circumstances, any of the activities listed in paragraph 2 are deemed desirable by both the Grantor and the Grantee, the Grantee 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 Grantee's consent under paragraph 3, shall be in writing and shall describe the proposed activity in sufficient detail to allow the Grantee to judge the consistency of the proposed activity with the purpose of this Conservation Easement. The Grantee 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 Grantee 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. 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 will be maintained at City Hall and a copy will be mailed to the fee owner of the Protected Property. 4.7 Trail Improvements. To improve the existing informal walking path into a formal walking trail as set forth in §2.9 above. 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 except for the Page 6 of 17 Pages existing Smokehouse Trail and the present informal walking path and any improvements thereto, as shown on Exhibit "C" attached hereto. 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 Grantee'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 to 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 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 Grantee 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 Grantee 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. Grantee's Remedies. If the Grantee becomes aware of a violation of the terms of this Conservation Easement, the Grantee 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 Grantee within thirty (30) days after receipt of such notice shall entitle the Grantee or Grantor to bring an action at law or equity in a court of competent Page 7 of 17 Pages 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 pane 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 Grantee only to corrective action on the Protected Property. Grantee 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 members of the Sharp family or their permitted guests or invitees on the Protected Property. 10.1 Failure to Act or Delay. The Grantee 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 Grantee, 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 Grantee and/or the trustees of 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 possessory interest in the Protected Property; and the Grantor further agrees to notify the Grantee of any pending transfer at the time of the transfer or within a reasonable time thereafter. 13. Merger. The Grantor and the Grantee 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 Grantee 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 with section 170(h) of the Internal Revenue Code 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. Page 8 of 17 Pages 15. Assignment. The Grantor may, assign its interest hereunder by selling the fee interest in the Protected Property. The Grantee 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. Extinguishment. The Grantor hereby agrees that, at the time of the conveyance of this Conservation Easement to the Grantee, this Conservation Easement gives rise to a real property right, immediately vested in the Grantee, with a fair market value of the Conservation Easement as of the date of the conveyance that is at least equal to the proportionate value that this Conservation Easement at the time of the conveyance bears to the fair market value of the property as a whole at that time, as the same are set forth on Exhibit "B" that is attached hereto and incorporated by reference herein. That proportionate value of the Grantee's property rights shall remain constant and as set forth on Exhibit "B." When a change in conditions takes place which makes impossible or impractical any continued protection of the Protected Property for conservation purposes, and the restrictions contained herein are extinguished by judicial proceeding, the Grantee, upon a subsequent sale, exchange or involuntary conversion of the Protected Property, shall be entitled to a portion of the proceeds at least equal to that proportionate value of the Conservation Easement as set forth on Exhibit "B." The Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes set forth herein or for the protection of a "relatively natural habitat of fish, wildlife, or plants or similar ecosystem," as that phrase is used in and defined under 26 USC 170(h)(4)(A)(ii), as amended and in regulations promulgated thereunder. 18. 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 and the Grantee 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 proceeds shall be divided in accordance with the proportionate value of the Grantee's and Grantor's interests as of the date this Easement was granted, and Grantee's proceeds shall be used as specified above. All expenses incurred by the Grantor and the Grantee in such action shall be paid out of the recovered proceeds. 19. Miscellaneous Provisions. 19.1 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 Page 9 of 17 Pages 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. 19.2 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 "Grantee" shall include the City of Fayetteville, Arkansas, and its successors and assigns. 19.3 Re-recording. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Easement; for such purpose, the Grantor appoints the Grantee 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. 19.4 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. 19.5 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. 19.6 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: Frank Sharp, Trustee of The Sharpridge Trust u/d May P.O..Box 37 Farmington, AR 72730 If to Grantee: City of Fayetteville, Arkansas 17, 1974 Attn: Office of the Mayor 113 W. Mountain Street Fayetteville, AR 72701 TO HAVE AND TO HOLD, the said Conservation Easement unto the said Grantee forever. IN WITNESS WHEREOF, the Grantor has executed and sealed this document the day and year first above written. Page 10 of 17 Pages ACKNOWLEDGEMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the day of VJe c , 2006, before me, )ems 7 ,j, , the undersigned officer, personally appeared R. Frank Sharp, known to me or satisfactorily proven to be the persons described as Trustee of the Sharpridge Trust uld May 17, 1974 in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. q1 N tary Public My commission expires: jEA% pl%K$-TON NSA5 P10TARY pUB1-�C . ARKA WASH1t�G�.'VP 06fo Page 12 of 17 Pages 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: f 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 undersigned and its successors and assigns. In witness whereof, the undersigned has executed and delivered this acceptance on this the day of December, 2006. CITY OF FAYETTEVILLE, ARKANSAS ���HltHllfl L/t By: DAN COODY, Mayor ��C°���� �F •° o ATTEST: e FAYETrEVI LLE EA S• J.� /A'GroN By: `'��liu 1161111+►`� SONDRA SNHTH, City Clerk Page 13 of 17 Pages 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 DAN COODY and SONDRA SMITH, to me well known as the Mayor and City Clerk of the City of Fayetteville, Arkansas, who have executed the foregoing document, and who 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 �/.dday of December, 2006 My Commission Expires: t �a� Notary Public Page 14 of 17 Pages G �n 'y s OJ Exhibit "A" Legal Description of Protected Property The West half (W '/z) of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE 1/4) of Section Twenty-four (24) in Township sixteen (16) North of Range thirty-one (31) West, Washington County, Arkansas, containing 20 acres, more or less, less and except the right of way owned by the City of Fayetteville, Arkansas, for Smokehouse Trail, a city street. Page 15 of 17 Pages FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: City Council FROM: David J. Whitaker, Assistant City Attorney_ . % L__ DATE: December .19, 2006 RE: Sharp Conservation Easement Mr. Frank Sharp, Trustee of the Sharpridge Trust, approached the Mayor and staff some time ago, with his desire to partner with the City of Fayetteville to preserve a portion of his property in its natural state. The Conservation Easement before you this evening is the culmination of this effort. I have had the pleasure of working with Mr. Sharp and his attorney for the better part of a year in crafting a document that would secure in perpetuity the 20 -acre tract as not only the City's first large -acreage conservation easement, but also a major contribution to the goal of establishing an Enduring Green Network as called for in City Plan 2025. The generous Grant before you also allows the City to extend its trail system across a portion of the 20 acres. I, along with many other staff members, have been privileged to hike this land with Mr. and Mrs. Sharp as our guides, and 1 believe all would agree that this easement represents a gift of inestimable value to the people of Fayetteville. Because of tax considerations, it is very important that the City accept this easement before December 31. It is a lengthy document, to be sure, but one with clearly defined rights and obligations for both parties, and it accords with the requirements of the Arkansas Conservation Easement Act, codified at A.G.A. § 15-20-401 et seq. AGENDA REQUEST FORM FOR: COUNCIL MEETING OF T3e L e 6,t& be r /9 200 (o FROM: DAN COODY, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution Accepting A Perpetual Conservation Easement From Frank Sharp As Trustee Of The Sharpridge Trust Of An Approximately Twenty (20) Acre Significant Natural Area On Behalf Of The People Of The City Of Fayetteville, Arkansas APPROVED FOR AGENDA: Dan Coady Mayor wtiiiams Attorney (as o form) Iz-'�ti DG Date 1Z-1r-�c Date RESOLUTION NO. A RESOLUTION ACCEPTING A PERPETUAL CONSERVATION EASEMENT FROM FRANK SHARP AS TRUSTEE OF THE SHARPRIDGE TRUST OF AN APPROXIMATELY TWENTY (20) ACRE SIGNIFICANT NATURAL AREA ON BEHALF OF THE PEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, promoting widespread deployment of conservation easements is a key element in achieving the City Plan 2025 goal of assembling an Enduring Green Network in the City of Fayetteville; and, WHEREAS, Frank Sharp, as Trustee of the Sharpridge Trust, has generously offered the invaluable gift of preserving in perpetuity approximately 20 acres of naturally forested hillside for the common benefit of the citizens of the City of Fayetteville. 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, on behalf of a grateful citizenry, hereby accepts the perpetual Conservation Easement which Frank Sharp has so generously granted to the City `I of Fayetteville. A copy of the Conservation Easement, marked Exhibit >A,, is attached hereto and made a part hereof. PASSED and APPROVED this 19th day of December, 2006. ' Fr� I APPROVED: :4 i kN COODY, Mayor QdokQ cCca AGENDA REQUEST FORM FOR: COUNCIL MEETING OF I II q fb ry FROM: DAN COODY, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution Accepting A Perpetual Conservation Easement From Frank Sharp As Trustee Of The Sharpridge Trust Of An Approximately Twenty (20) Acre Significant Natural Area On Behalf Of The People Of The City Of Fayetteville, Arkansas APPROVED FOR AGENDA: Dan Coody Mayor Kit ams City Attorney (as form) I) Z is Ej6 Date 12-lr-a6 Date RESOLUTION NO. A RESOLUTION ACCEPTING A PERPETUAL CONSERVATION EASEMENT FROM FRANK SHARP AS TRUSTEE OF THE SHARPRIDGE TRUST OF AN APPROXIMATELY TWENTY (20) ACRE SIGNIFICANT NATURAL AREA ON BEHALF OF THE PEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, promoting widespread deployment of conservation easements is a key element in achieving the City Plan 2025 goal of assembling an Enduring Green Network in the City of Fayetteville; and, WHEREAS, Frank Sharp, as Trustee of the Sharpridge Trust, has generously offered the invaluable gift of preserving in perpetuity approximately 20 acres of naturally forested hillside for the common benefit of the citizens of the City of Fayetteville. 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, on behalf of a grateful citizenry, hereby accepts the perpetual Conservation ( L1 L.E LAW FI 1 vi, P.A. JOI-IN l ISLE (of counsel) 1458 Plaza Place, Suite 101 JAN'1'I-[ORN'i'ON CI IRIS LISLE Springdale, AR 72764-5273 11M 1-EATCI HER I)ONN1E RU'I'I,IEDG1'' 479-750-4444 ROBERT D. BRANDON Sl'f31713LISLE Fax 479-751-6792 DORO'I'I-IYANNE BARRY GIJ'NE A. FRANCO MONA J.'1': cui. JOHN I). YOUNG December 14, 2006 Mr. David Whitaker City of Fayetteville Fayetteville, AR 72701 Hand Delivery Re: Conservation Easement Dear Mr. Whitaker: Please find enclosed two sets of paperwork for the Conservation Easement for Mr. Frank Sharp. Please sign both sets and then call Mr. Sharp and he will pick up his copy of the signed documents. His number is 957-4069. Please remember that time is of the essence. Thank you for your assistance and cooperation. If you have any 'questions, please do not hesitate to give us a call. I Sincerely. J1 an Pinkston Legal Assistant Enclosure • CONSERVATION EASEMENT ts, This CONSERVATION EASEMENT made thisL day of December, 2006. RECITALS: A. Frank Sharp, Trustee of The Sharpridge Trust u/d May 17, 1974, as amended, •residing at, 2062 Smokehouse Road, Fayetteville, Arkansas, ("Grantor") is the owner in fee simple of certain real property, (the "Protected Property") that is described on Exhibit "A" that is attached hereto and incorporated by reference herein, and which constitutes approximately 20 acres, is undeveloped and has ecological, scientific, educational and aesthetic value in its present undeveloped state. B. The Protected Property is a significant natural area that qualifies as a "...relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96- 541, 26 USC 170(h)(4)(A)(ii), as amended, and in regulations promulgated thereunder. More specifically the Property is a•naturally forested hillside with shagbark hickories, red and white oaks, ash trees, and other aesthetically pleasing and beneficial vegetation as _noted in a written report by John V. Crone, Professor of Landscape Architecture at the University of Arkansas in Fayetteville, and is in an area of the City of Fayetteville that is rapidly being transformed intocommercial and residential developments. C. The condition of the Protected Property as of the date of this grant is documented in a Baseline Documentation Report, prepared by the Grantor and signed and acknowledged by the City of Fayetteville, Arkansas ("Grantee") and which includes reports, maps, photographs, and other documentation. • Page 1 of 17 Pages • D. On or about July 17, 2006, Grantee adopted the "City Plan 2025," which included the goal of assembling an "Enduring Green Network" (as that term is defined therein), a copy of which is included in the Baseline Documentation Report, which includes "large scale preserves for stabilizing hillsides, protecting natural habitats & water quality, and scenic vistas -accelerate public acquisition of open space and parks -promote widespread deployment of conservation easements, transfer of development rights and cluster development -maximize City influence over development and preservation in outlying unincorporated areas." E. The Grantor and Grantee 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 Grantee wish to avail themselves of the provisions of that law. F. The Grantor and Grantee believe that conserving the Protected Property in perpetuity as set forth below would provide a significant open space for the scenic enjoyment of the general public, which would provide a significant public benefit, pursuant to 26 USC 170(h)(4), and the regulations promulgated thereunder, particularly in light of the increasing urbanization of the properties surrounding the Protected Property and other property that is subject to conservation easements in the area which together provide a greater benefit to the public than any single tract would alone. 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 Grantee a Conservation Easement in perpetuity over the Protected Property of the nature and character as follows: 1. Purpose. The purpose of this Conservation Easement is to ensure that the Protected Property will be retained forever predominantly in its present condition as of the date this Easement was granted, except for minimal future trail expansion 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. 2. Prohibited Uses. 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: • Page 2 of 17 Pages C 2.1 No Construction. There shall be no constructing or placing of any buildings, tennis or other recreational court, landing strip, mobile home, swimming pool, fence or sign (other than those required by the Grantee 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, except as necessary to construct a formal walking trail from the informal walking path that is presently located on the Protected Property as set forth in §2.9 and §3.3 below. 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, and except as necessary to construct a formal walking trail from the informal walking path that is presently located on the Protected Property as set forth in §2.9 and §3.3 below. 2.4 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. 2.5 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. 2.6 No Vehicles. There shall be no operation of mountain or other bicycles, snowmobiles, dune buggies, motorcycles, all -terrain or off -road vehicles, hang gliders, aircraft, jet skis, motorized boats or any other types of mechanized vehicles, even on the walking trail as described more fully below, except as required to maintain the Protected Property, and except on that portion of the Protected Property on which the present city street — Smokehouse Trail — is situated, which is owned and maintained by the Grantee as set forth more fully in §3.5 below. • Page 3 of 17 Pages 2.7 No Subdivision. The Protected Property may not be divided, partitioned, or subdivided, nor conveyed except in its current configuration as an entity. 2.8 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; provided, however, that with prior written permission of the Grantee, this paragraph shall not preclude such transfer of development rights resulting from the destruction or demolition of any existing residential building on the Protected Property. 2.9 Trails. The parties acknowledge that existence of an informal walking path that is located on the Protected Property as of the date of this Easement, as shown on Exhibit "C" attached. hereto and incorporated by reference herein. This path shall be improved into a soft surface natural nature trail by Grantee and its agents and volunteers in conjunction with the overall construction and improvement of the Kessler Mountain Trail that will be located on adjacent properties. All such improvements shall be to the existing informal walking path in its present location. No asphalt or concrete shall be allowed. The public shall have access to this trail as a walking path, both as now existing and as improved as set forth above; provided, however, that the public shall not have access to any other portions of the Protected Property except as may otherwise be provided herein. One or more of Grantor's trustees shall be consulted and shall approve all improvements to the trail from time to time. No mountain biking, motorcycle riding, or other activities shall be engaged in on the path or the trial except pedestrian walking. Pets shall be allowed thereon. Grantor's Reserved Rights. The Grantor hereby reserves the following rights: 3.1 Existing Uses. The right to undertake or continue any activity or use of the Protected Property not prohibited by this Conservation Easement. Prior to making any change in _ _use of the Protected Property, the Grantor shall notify the Grantee in writing to allow the Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. The right to sell, give, mortgage, lease, or otherwise convey the such conveyance is subject to the terms of this Conservation 3.3 Trail. To make improvements to and maintain the present informal walking path and the formal trail in the same location as it is constructed. Page 4 of 17 Pages • 3.4 Diseased Trees. The right to cut and remove dead, diseased, or exotic trees, shrubs, or plants and to cut firebreaks at Grantor's discretion. 3.5 Existing Road. The right to continue using the existing road (Smokehouse Trail) through the Protected Property. 3.6 Utility Easement. The right to construct and maintain one or more utility easements through the Protected Property to provide any utilities (in the broadest sense of the word) to any property located outside of the Protected Property. 3.7 Grantor's Access. The right to allow the Sharp family and its guests and invitees to continue to access the Protected Property from time to time as they may determine in their discretion. 3.8 Certain Third Party Access. The right to grant written permission to certain non-profit third parties such as, without limitation, the University of Arkansas, school districts, City of Fayetteville, etc., and the right for those entities and their employees, students, etc. to access the Protected Property; for educational uses that do not unreasonably interfere with the purpose of this easement. • 3.9 Enforcement. The right (but not the obligation) to enforce the terms of this Conservation Easement, it being understood that Grantee has the same right and obligation. 3.10 Cut Wood. The right to cut wood from time to time as long as it does not substantially alter the Protected Property. 3.11 Agricultural Use. The right to use up to two acres on the south end of the Protected Property for agricultural purposes, which includes without limitation the right to erect agricultural fencing to prevent grazing animals from accessing the remainder of the Protected Property. 4. Grantee'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 Grantee by this Conservation Easement: 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 Page 5 of 17 Pages [I 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 Grantee to ensure their continued presence and viability on the Protected Property. Such activities shall be in accordance with management practices of the Grantee, 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 .1 d. . 4.5 Discretionary Consent. The Grantee's consent for activities otherwise - prohibited under paragraph 2 above, or for any activities requiring Grantee's consent under paragraph 3 above, may be given under the following conditions and circumstances. If, owing to unforeseen or changed circumstances, any of the activities listed in paragraph 2 are deemed desirable by both the Grantor and the Grantee, the Grantee 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 Grantee's consent under paragraph 3, shall be in writing and shall describe the proposed activity in sufficient detail to allow the Grantee to judge the consistency of the proposed activity with the purpose of this Conservation Easement. The Grantee 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 Grantee 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. 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 will be maintained at City Hall and a copy will be mailed to the fee owner of the Protected Property. 4.7 Trail Improvements. To improve the existing informal walking path into a formal walking trail as set forth in §2.9 above. 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 except for the Page 6 of 17 Pages • existing Smokehouse Trail and the present informal walking path'and any improvements thereto, as shown on Exhibit "C" attached hereto. 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 Grantee'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 to 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 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 Grantee 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 Grantee 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. Grantee's Remedies. If the Grantee becomes aware of a violation of the terms of this Conservation Easement, the Grantee 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 Grantee within thirty (30) days after receipt of such notice shall entitle the Grantee or Grantor to bring an action at law or equity in a court of competent Page 7 of 17 Pages • 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 cx 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 Grantee only to corrective action on the Protected Property. Grantee 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 members of the Sharp family or their permitted guests or invitees on the Protected Property. 10.1 Failure to Act or Delay. The Grantee 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 Grantee, 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 Grantee and/or the trustees of 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 possessory interest in the Protected Property; and the Grantor further agrees to notify the Grantee of any pending transfer at the time of the transfer or within a reasonable time thereafter. 13. Merger. The Grantor and the Grantee 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 Grantee 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 with section 170(h) of the Internal Revenue Code 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. [I Page 8 of 17 Pages • 15. Assignment. The Grantor may assign its interest hereunder by selling the fee interest in the Protected Property. The Grantee 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. Extinguishment. The Grantor hereby agrees that, at the time of the conveyance of this Conservation Easement to the Grantee, this Conservation Easement gives rise to a real property right, immediately vested in the Grantee, with a fair market value of the Conservation Easement as of the date of the conveyance that is at least equal to the proportionate value that this Conservation Easement at the time of the conveyance bears to the fair market value of the property as a whole at that time, as the same are set forth on Exhibit "B" that is attached hereto and incorporated by reference herein. That proportionate value of the Grantee's property rights shall remain constant and as set • forth on Exhibit "B." When a change in conditions takes place which makes impossible or impractical any continued protection of the Protected Property for conservation purposes, and the restrictions contained herein are extinguished by judicial proceeding, the Grantee, upon a subsequent sale, exchange or involuntary conversion of the Protected Property, shall be entitled to a portion of the proceeds at least equal to that proportionate value of the Conservation Easement as set forth on Exhibit "B." The Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes set forth herein or for the protection of a "relatively natural habitat of fish, wildlife, or plants or similar ecosystem," as that phrase is used in and defined under 26 USC 170(h)(4)(A)(ii), as amended and in regulations promulgated thereunder. 18. 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 and the Grantee 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 proceeds shall be divided in accordance with the proportionate value of the Grantee's and Grantor's interests as of the date this Easement was granted, and Grantee's proceeds shall be used as specified above. All expenses incurred by the Grantor and the Grantee in such action shall be paid out of the recovered proceeds. 19. Miscellaneous Provisions. 19.1 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 Page 9 of 17 Pages • 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. 19.2 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 "Grantee" shall include the City of Fayetteville, Arkansas, and its successors and assigns. 19.3 Re-recording. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Easement; for such purpose, the Grantor appoints the Grantee 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. 19.4 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. 19.5 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. 19.6 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: Frank Sharp, Trustee of The Sharpridge Trust u/d May 17, 1974 P.O. Box 37 Farmington, AR 72730 If to Grantee: City of Fayetteville, Arkansas Attn: Office of the Mayor 113 W. Mountain Street Fayetteville, AR 72701 TO HAVE AND TO HOLD, the said Conservation Easement unto the said Grantee forever. IN WITNESS WHEREOF, the Grantor has executed and sealed this document the day and year first above written. Page 10 of 17 Pages C • ACKNOWLEDGEMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) Ori this the day of 1 eCe , 2006, before me, -� 3611 r 7 i - , the undersigned officer, personally appeared R. Frank Sharp, known to me or satisfactorily proven to be the persons described as Trustee of the Sharpridge Trust uld May 17, 1974 in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. (__7 7. fiz in/�S tary Public My commission expires: L' JEAN PINKSTG pfiNSPS lyOTARY PllBl-1C ' CG WASHINGTONo (1510112011 h • Page 12 of 17 Pages • 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 undersigned and its successors and assigns. In witness whereof, the undersigned has executed and delivered this acceptance on this the day of December, 2006. CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk Page 13 of 17 Pages KI 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 DAN COODY and SONDRA SMITH, to me well known as the Mayor and City Clerk of the Cityof Fayetteville, Arkansas, who have executed the foregoing document, and who 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 day of December, 2006. My Commission Expires: Notary Public Page 14 of 17 Pages • o • Exhibit "A" Legal Description of Protected Property The West half (W 1/s) of the Southwest Quarter (SW '/a) of the Southeast Quarter (SE 1/4) of Section Twenty-four (24) in Township sixteen (1 6) North of Range thirty-one (31) West, Washington County, Arkansas, containing 20 acres, more or less, less and except the right of way owned by the City of Fayetteville, Arkansas, for Smokehouse Trail, a city street. • Page 15 of 17 Pages - f y wra aRk • - /: : 4 c x.. : ,,* .i11 ; Ja , '� �Se •'E `'s•i,� k.i-Y 4•; 1i? : ' • -�' k#Y°' s•.x � �I��'� ;4 X .i�-F, �-` � '� �i et J- jeY ti' ,�• •�-''',l�'_:-4''Y..�' µ� �' '4 �;.• -. y _ iet , _ , •�y� fI .- r _ t.M�} -yr .S' Z a .+ "4 1��( S 2 ! .��f'� .P � �"�• V f-, l^F Je . , t *C Roy ,� � , y' r� i. - . "' •xe. U L " '5 t „S' €' - ,r s'' f " --0 i' �ttVie PROPOSED NATURE TRAIL t zoQe ON 20 ACRE CONSERVATION EASEMENT 0 75 S 50 i3" ti• -' M .� T. -Conservation Easement Baseline Documentation Report & Acknoled emcnt of Property C`ondition t December 2006 Conservation ation Easement from Sharpridge Trust u/d May 17, 1974, as amended toL City of Fayetteville, Arkansas = „ on approximately 20 acresl Conservation Easement Baseline Documentation Report & Acknowledgement of Property Condition December 2006 Conservation Easement from Sharpridge Trust u/d May 17,1974, as amended to City of Fayetteville, Arkansas on approximately 20 acres Vegetation Description (November 16, 2006) by John V. Crone, ASLA, Professor of Landscape Architecture, University of Arkansas, Fayetteville, AR 72701 (Appendix E) General Property Description: Topography, Soils, Timber, Recreation, Conclusion in an Arkansas Forest Stewardship Management Plan (November 15, 2006) by Mr. Kevin Hickie, County Forester, Arkansas Forestry Commission and Mr. Gene Leeds, Wildlife Biologist contracted by the Arkansas Game and Fish Commission (Appendix B) Ecological importance of the property: Urban Forest Conservation .Assessment for Fayetteville, Arkansas (October 2006) prepared by the Fayetteville Natural Heritage Association, Karen Rollet-Crocker, ASLA Project Director, Ethan Inlander, Conservation GIS Specialist, Ozarks Highlands Office, The Nature Conservancy (Appendix C) Site Conservation Worksheet (July 2006) Assessors John V. Crone, Billy Kribbs, Lissa Bell, Channon Toland and Shawn Shrum (Appendix D) Fayetteville 2025 City Plan (February 2006)- Dover Kohl Partners (Appendix F) Fayetteville Future Land Use Plan- Karen Minkle, Long Range Planner, City of Fayetteville (See Appendix F) Trails on Protected Property (as part of the Trails Master Plan for the City of Fayetteville) Matt Mihalevich, Trail Coordinator, City of Fayetteville (See Appendix G) Compiled (December 2006) by Frank Sharp, Trustee of the Sharpridge Trust u/d May 17, 1974, as amended, 2062 Smokehouse Trail, Fayetteville, AR 72701 Phone 479-267- 3205 List of Maps Location of Property- Appendix A Urban Forest Conservation Assessment for Fayetteville, Arkansas — Appendix C Vegetative Description of Protected Property- Appendix E Trail System Focal Areas- Appendix F Proposed Nature Trail on 20 Acre Conservation Easement — Appendix G City of Fayetteville- Trails Master Plan- Appendix G Mount Kessler Trails, Existing Conservation Easements, Southpass- Appendix G Name of Easement Conservation Easement from Sharpridge Trust u/d May 17, 1974, as amended to City of Fayetteville, Arkansas on approximately 20 acres Location The West half (W 112) of the Southwest Quarter (SW %4) of the Southeast Quarter (SE1/4) of Section Twenty-four (24) in Township Sixteen (16) North of Range Thirty-one (31) West, Washington County, Arkansas containing 20 acres, more or less, less and except the right of way owned by the City of Fayetteville, Arkansas for Smokehouse Trail, a city Street. (See map Appendix A) Deed to property (Appendix H) Grantor Frank Sharp, Trustee of The Sharpridge Trust, u/d May 17, 1974, as amended Contact Information Frank Sharp 2062 Smokehouse Trail Fayetteville, AR 72701 Phone- 479-267-3205 Email- frank(i?ozarkmountainsmokehouse.com Easement Grantee City of Fayetteville Attn: Mayor Dan Coody 113 West Mountain Fayetteville, AR 72701 Purposes of the Conservation Easement General The Protected Property is a significant natural area that qualifies as a "relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96- 541, 26 USC 170(h)(4)(A)ii, as amended, and in regulations promulgated thereunder. More specifically the property is a naturally forested hillside with shagbark hickories, red and white oaks, ash trees and other aesthetically pleasing and beneficial vegetation as noted in a written report by John V. Crone, Professor of Landscape Architecture at the University of Arkansas in Fayetteville, and is in the area of the City of Fayetteville that is rapidly being transformed into commercial and residential developments. y r. 1.. s i !! , T!: • • iii 1 V . • ti * •: :!; 0 '*I•i t .fir -��t- r : .: ������ `" fir► � . Location and Physical Setting The Protected Property is located on twenty acres, which is part of about one hundred acres owned by The Sharpridge Trust. The acreage is wooded with the exception of a small fescue pasture (about '/2 acre) on the south end of the property. The property is sloping with a limestone bluff on the southeast corner. The property is bisected diagonally from north to south by Smokehouse Trail, a city street of the City of Fayetteville. North of the property is West 6th Street, a major arterial street with commercial and residential construction. There is a small housing development on the south eastern edge with five houses. Smokehouse Trail additionally serves one business and eight houses. To the west of the Protected Property is the City of Farmington Arkansas. Existing Human Modifications The land was purchased by the Sharp family in 1962 and was entirely wooded and remains so today. The primary human modification was the construction of Smokehouse Trail, which is now a city street. A small fescue pasture of about %2 acres was planted adjacent to the barns of the Sharp family. No structures, except for some old rail fences and modern fencing in the pasture area, exist on the property Existing Land Use and Management Plan A Forest Stewardship Plan was prepared in'November 2006 by the Arkansas Forestry Commission (see Appendix B) Aquatic resources- See attached Urban Forest Conservation Assessment for Fayetteville Arkansas (UFCA) by the Fayetteville Natural Heritage Association and The Nature Conservancy (October 2006) see Appendix C & D Forest Types- see attached Forest Stewardship Plan, Ark. Forestry Commission Appendix B, John Crone Report (November 2006) & Site Conservation Worksheet (July 2006) see Appendix E Wild Species Habitat- see attached Forest Stewardship Plan in Appendix B Major Soil Types- see attached Forest Stewardship Plan in appendix B Archeological and Historical Features- None ri: , 'V.. ri The Protected Property is a high quality example of a terrestrial community and adjacent to a wilderness area The whole of Mt. Kessler is primarily still in its natural state as are its neighboring mountains, Washington Mountain to the north and Miller Mountain to the south. One landowner on the top of Mt. Kessler (about 1/4 mile east of the Protected Property) has put 86 acres under a conservation easement with Ozark Regional Land Trust , an organization that also protects 176acres on the southern slope of the mountain (see map in appendix.) The Sharpridge Trust owns about one hundred acres on Mt. Kessler, most of which is wooded mountainside land. in November 2006, Mr. Kevin Hickie, County Forester and Mr. Gene Leeds, Wildlife Biologist contracted by the .Arkansas Game and Fish Commission, toured the property and issued a Forest Stewardship Plan that gives a general property description, its topography, soils and timber and the property's recreation potential (see Appendix B) Washington, Kessler, Miller and Stephenson Mountains are a chain that have retained their wildlife and natural character due primarily to their rugged terrain, as the flat valley land has been more economical for residential development . The rapid growth of northwest Arkansas is, however, endangering these mountains. In July 2005, the Fayetteville Natural Heritage Association (FNHA) received Urban and Community Forestry Assistance Grant funds to identify high priority areas before they disappear due to rapid population growth. In conjunction with the Highlands office of the The Nature Conservancy, an Urban Forest Conservation Assessment for Fayetteville, Arkansas was released in October 2006. 5,500 parcels within the area were identified with 557 parcels within the City of Fayetteville and 797 sites in the City's planning area (FPA) all of which were evaluated and ranked for their environmental importance. The number one site in the FPA was the 800 acres on Mt. Kessler known as Southpass (Cummings property), which is immediately adjacent to the hundred acres owned by the Sharpridge Trust . The Sharpridge trust property was #3 in Ward 4 in terrestrial importance, #1 in Ward 4 in aquatic importance and #5 in overall importance within the City of Fayetteville. The FNHA study validates the fact that the Protected Property, the balance of the Sharpridge Trust property and the whole of Mount Kessler are all important parts of the terrestrial community. The Urban Forest Conservation Assessment for Fayetteville Arkansas summary, introduction and site conservation worksheet for Kessler Mountain are attached in Appendix C & D. r V- aV Q. 0 a EL ns C 0 N U) U) a► a0 O N E oE U C y Y � O O d I- 41 m U) 4) 2 0 7 I- 0 - U) a C U) U) C C O C i6 C 4) a 0 N E. c U) 'o 0 C O C) C Uf O 4l a O N L O Z U) H m O � a - O u, O O a E 4 a N O C 0 U) W C N � � 4) L N Vi — N L Y a a-+ L C O O w O O_ O H L 0 4) L 0 4) CO O The Protected Property is a part of the City of Fayetteville's goal of creating an "Enduring Green Network" within the City In February 2006, the City of Fayetteville, under the direction of Dover Kohl, a nationally recognized planning and urban design firm, had numerous public meetings to develop the City Plan 2025- a guide for planning and developing the community for the next 20 years. Six major goals were established. Goal Number 5 was "We will assemble and enduring green network." This included "vigilantly nurture a continuum of green, including.....greenways and trails....large-scale preserves for stabilizing hillsides, protecting natural habitats & water quality, as scenic vistas, accelerate public acquisition of open space & parks.... promote widespread deployment of conservation easements, transfer of development rights & cluster development.., maximize City influence over development & preservation in outlying unincorporated areas". These goals were approved by the City Council on July 17, 2006 (see Appendix D.) The City of Fayetteville is in the process of developing a Future Land Use Plan based on the goals of the City Plan 2025 (see Appendix E) and the Urban Forest Conservation Assessment Report performed by FNHA. The twenty acres ( as well as the rest of the land owned by the Sharpridge Trust) is designated as open land and as part of this "enduring green network". The guiding policies of the City Plan 2025 are in Appendix and more information about the plan may be obtained from Ms. Karen Minkel, Long Range Planner, City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701 478-575-8267. The Protected Property has given scenic enjoyment to the general public for the past 40 years Smokehouse Trail, which goes diagonally through the twenty -acre Protected Property, was built in 1962 and dedicated to Washington County. A few years later it was annexed into the City of Fayetteville, became a city street and was paved. Smokehouse Trail serves twelve households and one business (the Ozark Mountain Smokehouse.) These neighbors (an many others in the general area) use the street for walking dogs, pushing baby buggies, watching wildlife, enjoying the wildflowers in the Spring and the leaves in the fall. View to the west from top of Mt_ Kessler at southeast corner of 20 acre tract. Note commercial and housing . — — .ray.. �'r Shopping center across from intersection of Smokehouse Trail and West 6th Street- December 2006 Another view from atop the bluff. Oklahoma may be seen in the distance. The Protected Property will continue to give scenic enjoyment to the general public in the future In addition to the city street two hiking trails are located on the property (see attached maps in Appendix G.) One trail that goes from the northern edge of the twenty acres to the southwest corner, running west of Smokehouse Trail, will at some point become part of the Mount Kessler Trail that goes from West 6`h Street (where it joins the Rupple Road Trail adjacent to the Boys and Girls Club and Owl Creek School) to the top of Mount Kessler on the Southpass property and then to the new multipurpose park on Cato Springs Road. Children would then be able to hike from the Boys and Girls Club or Owl Creek School to the ball fields off Cato Springs Road and learn about the fauna and flora of the Ozarks along the way. The other trail runs from the northern edge of the 20 acres to the bluff line (with its magnificent rock formations) near the southeast corner of the Protected Property and then joins the Mount Kessler Trail (see map of trails in Appendix G) Both of these trails are listed on the City of Fayetteville's Trails Master Plan (see Appendix G) In November 2005, during the community input for the City Plan 2025, the FNHA prepared questionnaires based on the priority ranking model from the GIS study. One hundred and twenty questionnaires were returned and the top two characteristics were: 1. Potential for walking trails 2. Potential for links to existing or planned walking trails (See appendix C) More importantly, a year later, on November 7, 2006, the citizens of Fayetteville voted to tax themselves to build and improve trails with a one -quarter percent sales tax. The Protected Property is a significant habitat for wildlife The twenty acres is a wooded slope of Mt. Kessler and is a haven for wildlife -deer, fox, opossum, raccoon, squirrel (even one black bear has been seen) as well as a host of native wildflowers. A description of a Protected Property by Professor John V. Crone, ASLA, of the University of Arkansas Department of Landscape Architecture is attached in Appendix E. Although none of these are on the "endangered species list" the wildlife is indeed endangered by encroaching residential development. Acknowledgement of Property Condition In compliance with Section l :170A -14(g)(5) of the federal tax regulations, the undersigned accept and acknowledge that this Baseline Documentation Report is an accurate representation of the property at the time the conservation easement was transferred to the grantee Easement Grant By: .L Frank Sharp, T e Sharpridge TriYcl uld May 17, 1974, as amended Date GGt�+ �� / Easeme Grantee By: Date / Z Dan oody, Mayor City of Fayetteville. Ark sas '.�`��; ��� Y p�•SG Attest: ; FAYETTEVILLE By C L V u Date / SAS � a "-�,y, N • J �'• Sondra Smith, City Clerk %ItiGTON GO �.� City of Fayetteville, Arkansas `'"'r++++�'"' a� 4r ;w'i • : ___ a • � , •'�� _rte ,� .4_�.�t�"..�`� �'�� I h I i SHARP. FRANK & SARA 9 AC fII I , f ' � 5XARV, FRANK & SARA E.I 1 /1/ 5 WARRANTY DEED • 5A9 Single Person KNOW ALL MEN BY THESE' PRESENTS: That L Clyde Holland for and in consideration of the sum of One ($1.00) Dollar and other valuable' considerations to me in hand _ ,.paid by R. Frank Sharo and Sara E. Sharp do hereby grant, bargain and sell unto the said R. Frank Sharp and Sara E. Sharp, husband and wife, and unto their helm and assigns, the following described land, situate in Washington County, State of Arkansas, to -wit: hjt [� 17,11, frECQRD Do oot6irite'tn,this evace It The West Half of the Southwest quarter (SW4) of the Southeast quarter (SEt) of Section Twenty-four (2L) in Township Sixteen (16) North, of Range Thirty- one (31)'West, containing twenty (20) Acres, More or Less. L TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said R. Frank Sharp and Sara E. Sharp, husband and wife, and unto heirs and assigns, forever. And I, the said Clyde Holland hereby covenant that I am lawfully seized of said land and premises; that the same is unincumbered, and I will forever warrant and defend the title to the said lands against all legal claims whatever. 4 WITNESS my hand and seal on this day of19 / V [Sear CHN-O VI,.EIIQ;EfENT STATE OF ARKANSAS l }as. County of._W&4h_1ngtn_ri_ - fff BE IT REMEMBEIZ,ED .'hat on.this day came before the undersigned, a Notary Publi o fir... within and for the County aforesaid, duly commissioned and act- ing, Lilgdr o11d H. to me well .kown 6he-Grantor in the foregoing Deed, and stated that he had executed the same for the consideration -and p'rpbses therein mentioned and set forth. h� Witness my,hand and'aeal.aa such Notary Public this day of . 19≥ f. .. My Commissiari� espire6 ••-�- - Doc ID: 009688820002 Tvoe: REL Recorded: 02/23/2006 at 12:18:09 Pi1 Fee Amt: 511.00 Peae 1 of 2 ilashlnaton County. AR Bette Stands Circuit Clerk F11e2006-00007547 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That we, Frank Sharp and Sara Savage Sharp, husband and wife, for and in consideration of the sum of one dollar ($1.00), in hand paid by R. Frank Sharp, Trustee of the R. Frank Sharp Trust u/t/d May 17, 1974, hereinafter called Grantee, the receipt of which is hereby acknowledged, do hereby grant, convey and quitclaim unto the said Grantee and unto its heirs, successors and assigns forever, all of our right, title, interest, equity and estate in and to the following lands lying in Washington County, Arkansas: The West half of the Southwest quarter (SW ¼) of the Southeast quarter (SE ¼) of Section Twenty-four (24) in Township sixteen (16) North, of Range thirty-one (31) West, containing twenty (20) acres, more or less. Subject to all easements, liens, protective covenants and other encumbrances of record, if any. To have and to hold the same unto the said Grantee, and unto its heirs, successors and assigns forever, with all tenements, appurtenances and hereditaments thereunto belonging. And we, Frank Sharp and Sara Savage Sharp, husband and wife, for and in consideration of the said sum of money, do hereby release and relinquish unto the said Grantee. all right of dower, curtesy and homestead in and to the said lands. Witness our hands and seals this 3�'day of February, 2006. Fiaic Sharp Sara Savage Sharp • •' • • • • • ARKANSAS S • FOREST STEWARDSHIP • • MANAGEMENT PLAN • • • • • O Prepared For • • • Mr. Frank Sharp • • • • • • • • • • By • • Kevin Hickie • County Forester • Arkansas Forestry Commission • • November 15, 2006 • • • • • • ARKANSAS FORESTRY COMM ISSION 2780 N. Garland Ave., Fayetteville, AR 7270 (479) 442-8627 John T. Shannon State Forester November 15, 2006 Mr. Frank Sharp 2062 Smokehouse Trail Fayetteville, AR 72701 Dear Mr. Sharp, This is your Forest Stewardship Management Plan for your property in Washington County. You own approximately 100 acres located in the Mt. Kessler area of Fayetteville, and you have indicated a preference as Recreation as the primary management objective, with Wildlife as the secondary objective. In this plan I have presented my observations and suggestions while Gene Leeds has given his wildlife recommendations in a separate document. General Property Description ,1 - The property is located south of Highways and is behind the Ozark Smokehouse. It is an odd shape and stretches from Section 24, Township 16N, and Range 31 down into Section 25 of the same Township. It is just about all wooded, with very little open space. The west side borders urban development while the east side is still wooded with very few homes in that area. There is a small pond near the southern end of the tract. Topography As one enters the property from the north, the land rises on a north facing slope. The access road curves around the side of a ridge before coming out on top. Near the top of the ridge, there are rock outcrops and bluffs. Further south, the tract encompasses a west facing "bowl" that forms a drainage off the side of the same ridge. It is in this bowl that the pond is located. As the property continues to the west along the drain, the land flattens out somewhat. The elevation ranges from about 1260 feet on the southwest to a high of about 1560 feet on the east side. Except for the bluff line near the top of the ridge, the general topography has some slope to it, but is not too steep for most uses. L Mr. Sharp Page 2 Soils The soil type on most of the property is called the Enders -Allegheny Complex. This mix of the Enders stony loam and the Allegheny stony loam is quite common throughout the county. The Enders soil is moderately well drained, acidic, and low in natural fertility. The available water capacity is considered to be moderate. The rooting zone is more than 3 feet deep, but root penetration is slow in the subsoil because of the high clay content. The Allegheny portion of the Complex is a little better suited for growing hardwood timber. It is typically found in coves and in small pockets on foot slopes and on narrow benches. Although the Allegheny is well -drained, it is still acidic with low natural fertility. The available water capacity is considered to be moderate. For both soils, water runoff is rapid and the erosion hazard is severe. Obviously, the general description provided does not apply to all areas on the property. There are places identified as having the Enders -Allegheny Complex that do not have the same soil characteristics because of large rocks, or rock outcrops. Timber The timber on the property is a mixed stand of upland hardwood. The predominate species include black oak, green ash, mockernut hickory, white oak, and several others. There are some eastern redcedars on the place as well. We saw most of them growing in areas that had been cleared at one time and been left to revert back to woods. The stocking level, or the number of trees per acre, appears to be very good. The distribution of sizes and ages across the property also appears to be fairly even. The overall quality of the timber seems fair to good, considering the soil types and the growing conditions. The timber is not overstocked, so I do not think a harvest or thinning is warranted at this time. If the trees were much older and more crowded, I would suggest a thinning to promote a healthier forest. Fortunately, this is not necessary. The current condition of the land and the forest does not warrant any action, at least from a timber management perspective. The forest is healthy and growing well. I saw no signs of either an insect or disease problem in the current stand of timber. Recreation Recreation can mean widely different activities to many different people. We saw an example of recreational use of your property when we came upon some local children's campsite next to the pond. However, you have expressed an interest in developing a trail system that will allow access to and from your land to adjoining areas. The idea is to make your land a part of a green space around Fayetteville and incorporate the property into a Conservation Easement. Mr. Sharp Page 3 Regarding trail placement and construction, the first thing to do is identify who will be using the trail. Or, how will the trail be used? Is this going to be a walking trail, biking trail, 4 -wheeler trail, or a mix of all kinds of transportation? Once the mode of transportation has been identified, then that will determine how best to layout and construct the trail. If certain uses are to be prohibited, such as 4 -wheelers, then trail construction should include barriers to the undesirable use. The trail layout will also be affected by the potential users. A trail used strictly by hikers should have only short lengths of straight runs. Because walkers move relatively slowly through the woods, they do not need long clear lines of sight. The enjoyment of the trail is enhanced by multiple twists and turns in the walk that hide the upcoming views for longer periods of time. A trail to be used by bikers should have slightly longer straight runs because the bikers move more quickly and will not be looking at the sights for as long a period of time as walkers. Bike riders will need an easier grade, or slope, when gaining or losing elevation. A bike trail should not have the tight turns or switchbacks on a slope that a hiking trail can utilize. To lay out a trail, you first identify the beginning and ending points. You identify any points of interest you want to be sure to include as destination points along the trail. Then, you begin mapping out a line that connects all the points, but within acceptable up and down grades for the expected users. This can be something of a trial and error process_ Once the initial line has been laid out on a map, it needs to be walked to see if the trail can actually be constructed. Barriers on the ground may require a redrawing of the trail. There are standard recommended widths and cleared heights for the various types of trails mentioned. I can locate these guidelines if you wish. Trail construction is definitely easier if you can incorporate existing travel lanes. However, for the long term, it might be better to discourage the use of existing paths if they can be used by vehicles that you do not want to encourage on your property. It might be better to close off those access points and start from scratch with the proper trail location and size. When your property is developed as a Conservation Easement, I am sure the City of Fayetteville can provide assistance with trail layout, construction, maintenance, and management. Conclusion The timber on this property is in generally good condition and I do not see the need for any immediate action to improve the growth or the quality of the forest. Gene Leeds has made several recommendations with respect to wildlife management and none of these conflicts with my statements concerning the forest. Since I am much closer to the property than Mr. Leeds, I would be more than happy to be your contact person for additional information as to how to implement any of Mr. Leeds' recommendations. Mr. Sharp Page 4 I am not aware of any rare, endangered, or threatened plants or animals on the property that would require special management consideration. The soil and water quality of the property seems to be good and no action is necessary for improving either of them. The aesthetics and recreational opportunities of the property are also very good, and will be enhanced by the recommendations of Mr. Leeds. You already have a much better photo of the property than I can provide, plus Mr. Leeds' maps include the topography of the property as well. If I can provide any additional information from any maps or aerial photos that I may have, please do not hesitate to ask. if you would like any additional information regarding anything I have mentioned in this report, or even something else entirely regarding your property, please let me know. Sincerely, Kevin Hickie, R.F. 636 County Forester Appendix C Urban Forest Conservation Assessment for Fayetteville, Arkansas URBAN FOREST CONSERVATION ASSESSMENT FOR FAYETTEVILLE, ARKANSAS OCTOBER 2006 Fayetteville Natural Heritage Association Project Director Karen Rollet-Crocker, ASLA, Board Member of FNHA GIS Component Ethan Inlander, Conservation GIS Specialist, Ozark Highlands Office, The Nature Conservancy With Assistance from Bob Caulk, Board Member of FNHA, Duane Woltjen, Member of FNHA, John Crone, Professor of Landscape Architecture, U of Arkansas, and Patty Erwin, Urban Forestry Coordinator, Arkansas Forestry Commission Funds were provided in part by the Arkansas Forestry Commission's Urban Forestry Program and the U.S. Forest Service- Matching in kind labor was provided by FNHA board members, members of the Science Advisory Council, staff of The Nature Conservancy, and faculty of the Landscape Architecture Department • TABLE OF CONTENTS i • • . Section I • Summary • Introduction • • Acknowledgements Section 2 • Project Purpose • Strategies • Section 3 • Involvement of the Community • Section 4 i • GIS Methodology and Results • Section 5 •• Results of Site Assessments from GIS Rankings Section 6 •• Proposed Actions • Section 7 • • Appendix I Grant Announcement • Appendix II Science Advisory Council • Section 8 • Appendix III Questionnaire • Appendix IV Public Meeting • Section 9 a • Appendix V Site Conservation Worksheets • • Appendix VI News Articles • • • ACKNOWLEDGEMENTS GIS Component Ethan Inlander, Conservation GIS Specialist, Ozark Highlands Office, The Nature Conservancy Cooperating Organizations Fayetteville Natural Heritage Association, P.O. Box 3635, Fayetteville, AR 72702-3635 The Nature Conservancy, Ozark Highlands Office, 675 Lollar Lane, Fayetteville, AR 72701 (479) 973-9110 Fayetteville Parks and Recreation Department, 1455 S. Happy Hollow Road, Fayetteville, Arkansas 72701 Fayetteville Long Range Planning Department, 113 West Mountain Street, Fayetteville, Arkansas 72701 Landscape Architecture Department, 230 Memorial Hall, University of Arkansas, Fayetteville, Arkansas 72701 Individuals Science Advisory Council Robin Buff, AP Environmental Science/Botany/Zoology teacher, Fayetteville High School Bob Caulk, FNHA Board Member Doyle Crosswhite, Ozark Rivers Project Manager, The Nature Conservancy Malcolm Cleaveland, Professor, Geology Department, University of Arkansas Karen Rollet-Crocker, Associate Professor Emeritus, Landscape Architecture, University of Arkansas, Board Member FNHA John V. Crone, Professor, Landscape Architecture, University of Arkansas Patty Erwin, Urban Forestry Coordinator, Arkansas Forestry Commission Steve Hatfield, Landscape Architect, Howell and VanCuren Pete Heinzelmann, FNHA Board• Alison Jumper, Park Planner, Fayetteville Parks and Recreation Department, City of Fayetteville Ethan Inlander, Conservation GIS Specialist, The Nature Conservancy Doug James, University Professor, Biological Sciences, University of Arkansas Karen Minkel, Long Range Planner, City of Fayetteville Lief Olson, Long Range Planner, City of Fayetteville Sara Patterson, Urban Forester, City of Fayetteville Mike Slay, Conservation Ecologist, The Nature Conservancy Tim Snell, Director of Ozark Conservation, The Nature Conservancy Duane Woltjen, Member, FNHA Other Sara Caulk Jamie Fugitt Colleen Gaston, Environmental Lawyer Bob Moore, Beaver Water District Project Management Karen Rollet-Crocker Funding Funds were provided in part by the Arkansas Forestry Commission's Urban Forestry Program and the U.S. Forest Service. Matching in kind labor was provided by FNHA board members, members of the Science Advisory Council, staff of The Nature Conservancy, and faculty of the Landscape Architecture Department PROJECT PURPOSE The goal of this project is to develop an inventory of forested natural parcels of land in and around Fayetteville, Arkansas, and prioritize them by using conservation values such as ecological characteristics, parcel size, and development threat. The prioritized list will be used by FNHA and others to assist in working toward protection a number of high quality sites. This parallels FNHA's mission to "conserve natural areas of Fayetteville and its environs for the benefit of present and future generations." Project objectives are to: • Maintain Fayetteville's historic natural character and key distinguishing landscape features • Provide opportunities for current and future residents to use and enjoy natural areas close to their homes • Use Fayetteville watershed boundaries as study boundaries, thus reducing the impact of development on the watersheds of the White and Illinois rivers • Create a mapping and site analysis process and product that will direct the efforts of FNHA for the foreseeable future • Assist and partner with community organizations, the City of Fayetteville, surrounding towns, state and regional commissions, educational institutions, and individuals in developing land use plans that promote conservation of valuable natural areas in the watershed area of Fayetteville. • include communities near Fayetteville in the study, enabling them to use the information for their own conservation efforts. The effects of urban growth Fayetteville has experienced a high growth rate over the past fifteen years that has resulted in expansion of its boundaries and designated growth areas with increased suburban sprawl. It is estimated that the current population is now about 70,000. The new City Plan 2025 is recommending that sprawl be discouraged, since the addition of 40,000 more people will continue to impact the natural landscape and increase auto traffic. Support of growth in the city center while limiting gro�vth on the edges will improve the situation. At the same time, a major goal of the Plan is to "assemble an enduring green network" (Draft of City Plan 2025, p. 88). This needs to be accomplished as quickly as possible by identifying diverse new funding sources and partnership methods with regional not -for-profit organizations and individual property owners. The plan gives reality to this suggestion by mapping an extensive outer greenbelt of trail systems that provides access to natural areas around Fayetteville. At the same time that Fayetteville has been expanding, the ring of towns around the city also have had explosive growth. Each town has a developed a designated growth area, including Elkins, Goshen, Springdale, Johnson, Wedington, Farmington, Prairie Grove and West Fork. r • Conservation possibilities for the Fayetteville area The Fayetteville area land conservation characteristics differ depending on which direction one looks. • • South and east of the city are the Boston Mountains. These are formed from sinuous ridge tops, `/4 to '/2 miles wide, that look down into long winding valleys centered on O creeks and forks of the White River. Steep stony slopes with benches' and vertical bluffs link the ridges and valleys. In many places, hardwood forests have been cleared away on the ridgetops, benches and valleys. Steep slopes, however, have often remained to clothed in forests. Thus, parts of the southern side of Fayetteville are less susceptible • sprawl development. Suitability for building is limited on valley floodplains and steep • slopes while ridgetops and gentle slopes present opportunities for construction. Farther to the south, the Ozark National Forest creates a patchwork of public land beyond the immediate growth area of the city, serving as a regional large scale forest within an • hour's drive. This resource, however, does not offer protection to natural areas within and next to Fayetteville. To the north and east, on the Springfield Plateau, the land levels out into broad areas of sloping hills. Here, many farmland acres have been cleared of forests, while existing • prairies have been plowed up for ranching and farming purposes. At the intersection of the Boston Mountains and the Springfield Plateau, to the south east of Fayetteville, a line • of mountains stands out from the flatter land that includes Kessler Mountain, Miller Mountain, and Stevenson Mountain. •• The Fayetteville area's natural forested landscape will only be worth conserving if it has been managed well_ In many places, poor management practices have negatively • affected water quality and quantity, caused erosion of soils, eliminated wildlife habitat, •and removed valuable species of trees. Crucial requirements for conservation include . sites that have the least disturbed character and a fully functioning ecosystem. The best candidates are likely to be (1) hillsides and hilltops of oak hickory forests interspersed with geologic forms such as rock outcroppings and bluffs and (2) river and stream .corridors with rich soil deposits that support bottomland forests and aquatic habitats. • Finding relatively large and undisturbed sites with these key characteristics is the goal of the GIS mapping process and on the ground site analysis described in this report. As each highly ranked parcel deserving of conservation emerged from the mapping process, it became apparent that some sites were already lost to conservation because they are in the planning stages for development or are actually under construction. This discovery has strengthened FNHA's desire to conserve valuable natural sites that are still • available. It has also given FNHA a new goal: working with developers and landowners to find methods to preserve important natural features of soon to be developed sites. Such negotiation may include buffer zones along streams and drainage ways, viewsheds • from mountainsides and ridge tops, and conservation of unique habitats. In addition, • FNHA needs to look beyond the city boundary to conserve valuable natural sites that are • • STRATEGIES The study is based on four major strategies. Strategy 1: to involve the public through meetings, questionnaires, and presentations to city agencies, the City Council members, and the Environmental Concerns committee in order to receive feedback on the goals of the project and support for its final recommendations. Strategy 2: to direct the project through a Science Advisory Council consisting of knowledgeable individuals in the areas of conservation, planning, education and geographic information systems. Strategy 3: to develop a GIS model that analyzes parcels of land through a scoring process. Major concerns include the ecological characteristics and values of the land (i.e. forest cover, streams and ponds, wildlife, etc.), parcel size (under the assumption that larger parcels have more potential for natural habitat and functioning ecosystems), and negative impacts of human use (i.e. roads, buildings, and open pasture). Strategy 4: to test the mapping process through ground analysis of at least 25 sites and assess how the project information can be used most effectively in the future. INVOLVEMENT OF THE COMMUNITY An initial presentation and discussion was made with the City Council at their Agenda Session in September 2005. At this meeting, it was suggested that the Environmental Concerns Committee be asked for their input. The Environmental Concerns Committee suggested that a questionnaire be developed to gather public input about priorities for land conservation. A public meeting was held on November 2, 2005 that described the need for the conservation effort and listed the granting agency, the project partners, project boundaries, the analysis process and the potential use of project results. Next, a questionnaire was prepared based on the priority ranking model from the GIS study (see the GIS Methodology section below). This contained 29 questions divided into four sections: natural land based characteristics, natural water based characteristics, potential for recreational use, and landscape settings. The respondents were asked to rank priority characteristics on a scale of 5 (most important) to 0 (least important). The questionnaire was made available on the Fayetteville web site, by e-mail to the FNHA member list, at the public meeting, and during public workshops for the Fayetteville 2025 Plan. A total of 120 questionnaires were filled out. It'is important to recognize that the results are from interested individuals, not from a random sampling process. Each questionnaire had space for additional comments and e-mail addresses. Forty-one respondents had comments. Response categories were: Specific conservation sites. a. Many suggestions of specific sites were offered. These were compared to the GIS study. Only three suggested sites were not listed on the GIS map. They were added to the list. b. Several questionnaires had comments from individuals that had an interest in conserving their land. These individuals were contacted by phone. Their comments were: 1. "Things have been happening here at a dizzying pace. I really fear we are bordering on too late. Developments are going up both west and north of my borders at 4 houses to the acre minimum. This land has been farmed off and on for 160 years, so it would be a chore beyond my means to really restore it. I will, however, continue to preserve it for dwindling populations of birds and other wildlife. I have a National Wildlife Federation certification as a Backyard Habitat which I hope will save our little wildlife refuge when, not if, we are annexed by Fayetteville. My most devout hope is that we are, in fact, annexed by Fayetteville rather than Farmington. Their philosophies regarding development are at considerable variance. I also intend to tie it up in a conservation easement in perpetuity, but I haven't worked out the details yet. Didn't think I had to so soon. I was wrong, obviously. Again, thanks for your interest, and if you have any helpful suggestions, I need all the help I can get." 2. Another individual lives along County Road 69 south of the Fayetteville airport. She says many people already use that road for jogging, walking and wildflower viewing. She would like to cooperate with neighbors to see if they could among them preserve a strip of land along the road as a conservation area. She said she plans to meet with other landowners. 3. A third individual wants to see her family land (more than 100 acres) preserved, but doesn't want to spend the upfront expenses involved with leaving it to the Ozark Regional Land Trust. She mentioned a couple of other public entities that she wouldn't mind leaving it to. Generalized site types suggested for conservation. Many respondents had concepts about which site types would be worth saving. a. In town sites: "forested hillsides", "small parcels in the urban area", and "pockets of nature in residential areas". b. Tracts outside town: "large undeveloped tracts close to town to prevent sprawl", "land outside Fayetteville before sprawl engulfs NWA", "Stop urban sprawl that lowers property values by destroying green space". c. Riparian sites: "springs and headwater streams", "watershed protection", "no wetland development", "natural seeps and wetlands" d. Public use: "non -motorized access trails to undeveloped areas", "more areas for unpaved walking and running trails", "bike friendly", "connect neighborhoods", "save linked areas for recreation such as long runs or bike rides", "create a `Green Necklace' of linear parks with walking/bikeways, easy access from many points, and connection to larger parks". e. Wildlife: "songbird habitat", "quail or pileated woodpecker","make sure parcels are large enough and connected enough to support wildlife", "high species diversity". f. Viewsheds entering Fayetteville g. Sites with education: "identification plates on trees" • Disagreement with the goals of the project a. "I oppose the Heritage Foundation philosophy because it takes property out of private ownership ---forever" b. "I disagree with the perspective that something only has value if it is used by humans" The 29 questions identified which characteristics had the highest priority. The top two were: Potential for walking trails Potential for links to existing or planned walking trails The next 9 highest priorities were related to natural aquatic and terrestrial characteristics such as 3. A high number of animals that might live in the aquatic habitat 4. Habitat corridors that connect larger habitat areas 5. A high number of native plant types 6. Riparian area in the parcel 7. A lot of forest cover in aquatic areas 8. A large amount of forest cover in terrestrial areas 9. A high number of native plant types in aquatic areas 10. Stream frontage on parcels 11. A high number of animals that might live in the terrestrial habitat The mid -range of priorities included recreational concerns such as "proximity to urban areas, links to biking trails and potential for biking trails". In addition, a variety of natural site characteristics were added such as "seeps, springs and wetlands, a variety of topographic features, and rare animals and plants". Lowest on the list were "adjacency and proximity to existing preserves, parks or schools". Other low priorities were "water related recreation and visibility". The category "caves" had, surprisingly, the lowest ranking. A test was made in the last few questionnaires, changing the category to "caves with unique animal species''. This gave the attribute higher rankings. This question was judged invalid. The results of the questionnaires were used by the Science Advisory Council as input in their decision making concerning rankings of site attributes. Summary This report describes development of a Conservation Priority Ranking Model (CPRM) and its application to areas in and around Fayetteville. The area is renowned for its natural beauty and tree -covered hillsides which most certainly have contributed to population growth that inevitably threatens natural areas. Fayetteville Natural Heritage Association (FNHA) began this project in 2005 with a grant from the Arkansas Forestry Commission's Urban Forestry Program and the U.S. Forest Service. The project's purpose was to identify the highest priority natural areas for conservation in and around Fayetteville before they disappeared. FNHA's partners in this project are The Nature Conservancy's Ozark Highlands Office and the Landscape Architecture Department at the University of Arkansas. The idea for a study began when the FNHA Board commissioned a student intern at the U of A to look at conservation strategies. He interviewed local officials, planners, conservationists, scientists and developers, and he visited many nearby natural areas. His report strongly recommended development of a Conservation Priority Ranking as an essential tool to evaluate urgent conservation needs and to advance improvements in land use policy. Public input was solicited, asking what criteria should be used to rank areas for conservation. This was done through a questionnaire that was made available at five public meetings and also on the City website. Over 120 were returned. Results indicated that natural areas with the potential for trails held the highest priority for the participants. Connecting trails linking large natural areas was the next highest priority. Participants also identified 30 specific areas as conservation candidates. (Ninety percent of these areas were also identified in the CPRM analysis.) Project guidance was provided by a Science Advisory Committee (SAC)'that consisted of FNHA members, U of A faculty, City of Fayetteville staff (a forester and individuals from the planning and parks departments), State Forestry staff, Beaver Water District staff, and TNC staff. Members of the SAC also analyzed 34 of the top sites identified by the CPRM analysis. The site visits identified vegetation types, soil characteristics, a diversity of natural features that allowed a glimpse of the unique qualities of the region, and recreational possibilities of walking and hiking on the site. The study area goes beyond Fayetteville's planning area and includes the Illinois and White River sub -watersheds and nearby communities. Washington County Assessors Office data allowed analysis of each parcel of property in the study area. About 5,500 parcels were identified that were larger than 5 acres and had less than 50% development. 557 parcels are in the city and 797 are in the planning area. The project methodology insured that top sites in the study area, the City planning area, the City and each ward were identified. A high proportion of the ranked parcels that were visited had locations with features worthy of consideration for conservation. An interesting result of the GIS analysis was that most of the top ranked parcels were part of Pa larger clusters of other highly ranked parcels. In one example, there are five ranked parcels are near Lake Wilson (the highest is #3). Stream valleys to the south that feed this lake have major bluffs and old logging roads that could be used as trail corridors. In another example, there are three ranked parcels on Puddin Hill (the highest is #5). The City of Fayetteville master trail plan has suggested a loop trail around the top of this hill and a trail up the southern slope (now a utility easement) that allows access to a truly impressive bluff. A third example is the Washington Mountain/Kessler Mountain cluster with five ranked parcels (highest are #'s 4 and 8). This cluster could be part of a trail corridor linking the Boys and Girls Club to the proposed new soccer fields. Additional clusters are within the watershed, but outside the Fayetteville city planning area. The highest ranked parcel within the city (#7) is on Markham Hill and it is worth noting that the owner is working to conserve the property by pursuing limited development. A considerable number of the ranked parcels visited were either under development or for sale. One has the infrastructure completed (Happy Hollow area, #60), one has clearing in progress (Township Street east of College Avenue,#1 1), two were in various stages of planning (DePalma property, #66 and a parcel at the east end of Whillock Street, #72), and the parcel north of Lake Lucille (Rank #10) is up for sale. One of these has been conserved: the developer and the DePalma family have given 30 acres of the DePalma property contiguous to Mt. Sequoyah Woods to the City. Another is on the way to a conservation effort by neighbors with FNHA's help: a parcel north of Lake Lucille. Overall results of this study have been included in the development of the Fayetteville City Plan 2025, and the Beaver Water District has begun a GIS based survey on the Beaver Lake watershed using criteria specific to their charter based on the success of this study. History has shown that communities often operate by crisis management, particularly in regard to land use. Recognizing this and observing the rapid pace of development in this area, FNHA has created a Conservation Priority Ranking Model that blends ecology, aesthetics, human use, and threat of development to rank widely diverse land parcels. This "short list" will provide focus to future conservation efforts, e.g., working with specific landowners to develop conservation opportunities, and working with city leaders to guide land use policy_ INTRODUCTION S I i S S Today, our city is on the verge of losing the natural areas that have been a constant partner over the years. Fayetteville's relationship to the landscape is due to the fact that it is on the dividing line between the Boston Mountains to the south and east and the Springfield Plateau to the north and west. These two landscapes provide dramatic contrast and create a community that is known for its outstanding beauty and outdoor living. The initial founding of the Fayetteville Natural Heritage Association (FNHA) in 2003 was due to the threat of development to Mt. Sequoyah Woods. From the beginning, it was clear that natural areas within the city and its surroundings will increasingly become covered with roadways, parking lots, and development. To promote the conservation of our historic natural landscape, the members of FHNA joined together to educate the public and raise funds. Since 2003, the disappearance of our valuable natural areas has only accelerated. The recent 2025 Fayetteville City Plan has pointed out that our citizens must accelerate public acquisition of open space and parks. The importance of this goal is apparent to all of us who have worked toward preservation of places such as Mt. Sequoyah Woods. For several years, FNHA has been collecting suggestions for parcels of land that should be conserved. This past year, an unparalleled opportunity arose. The Ozark Highlands office of The Nature Conservancy had recently hired a Conservation Geographic Information System specialist_ GIS, a computerized system of mapping, can use available natural resource maps along with aerial photographs and county ownership parcel maps to create a series of layers that identify the most valuable natural areas in and around Fayetteville. The Fayetteville Natural Heritage Association received a $20,000 grant from the Urban and Community Forestry Assistance Grant Funds as of July 2005 to identify high priority areas before they disappear due to rapid population growth. In his award letter, Governor Mike Huckabee noted that 80% of Arkansans live in urban areas where planning and management of community forests adds to the quality of the state's natural resources. Mayor Dan Coody has said that this project will provide input for city plans. FNHA will use this information to begin a dialogue with individual landowners. and community groups about conservation options. We also expect that this project will show other communities across Arkansas how such an analytical tool can help in land use, planning, and conservation efforts. The GIS mapping study is the beginning of a process that also requires on the ground site analysis and input from citizens on what features are important to them, The beginning of these efforts is included in this report. 41 Site conservation worksheet Site V Kessler Mountain Ward 4 Rank: Aquatic #1, 3 Terrestrial #2, 3 Fayetteville Rank #1 (Cummings Property), and #5 (Site V) Note: assessment was on Site V This worksheet is to be used for on the ground' assessment of ranked parcels in the GIS study produced by The Nature Conservancy Highlands Office and the Fayetteville Natural Heritage Association. This project is supported in part by the Arkansas Forestry Commission's Urban Forestry Program and the U.S. Forest Service_ Date 07/04/06 Crew hours and minutes_7 adults 4 students 1-5 pm Site type (terrestrial or aquatic) location andlor name and aspect Two vegetation types dominate this site .Subsite A Part of the site is rather dry mixed Cedar and Oak vegetation in transition from agriculture over 50 years ago. Subsite B The othe part is primarily more mesic oak hickory primarily below large bluffs with a few ephemeral streams Assessor(s)John Crone, Billy Kribbs, Lissa Bell, Channon Toland and Shawn Shrum Forest types Cedar Oak grading into Oak Hickory and Oak Hickory/Shagbark Hickory Forest stage: Old growth , Secondary Growth x_ Relative size of majority of Sub -site A canopy trees Stunted and stressed oaks up to 10 inches Sub -site B canopy trees up to 24 inch oaks and hickory Size and species of specimen trees — mainly on site B Oaks and Shagbark Hickory to 24" Stratification (Primary, secondary, herb/shrub layers) Subsite A Well defined Somewhat defined x Poorly defined Subsite B Well defined Primary canopy density: somewhat open somewhat closed closed Subsite A somewhat open Subsite B closed Major primary canopy species Subsite A White Oak Cedar Subsite B Oak -Hickory Major secondary canopy species Subsite A Cedar and many 1-2" mixed saplings Subsite B. Rather open with a few redbuds and saplings from primary species Major herb/shrub species Subsite A Primarily a few grasses Subsite B — A number of forbs and wildflowers with a dominance of mayapple over much of the site. The diversity of natural features on the parcel allows a glimpse of the varied ecosystems of the region. Yes x_ No or has some other notable attributes Unique site features - High site diversity from xeric site in transitional stunted cedar - hardwood phase with a rather sharp ecotone leading to a rich mesic oak/hickory/shagbark hickory habitat with a rich understory of wildflowers and mayapple with speciman trees up to 24" especially along the base of a visually pleasing bluff. Ease of access for walking and hiking are described as:good Visual quality of vegetation setting: low medium _x— high x (Mature primary canopy trees of one or two major species with open under -story providing strong visual penetration or savannah type) Vt 1!.?t1F? J Vegetation Description for Frank Sharp Property November 116, 2006 This 20 acre property is bisected by South Smokehouse Trail that runs south off Hiway 62 just west of Fayetteville, Arkansas. The site has a north west slope orientation and is well wooded with vegetation typical to the upland oak -hickory hardwood forest association of northwest Arkansas. The site slopes generally from 10-15 percent with the exception of some spectacular bluffs in the southeastern corner and is traversed by several ephemeral drainages that create fairly moist habitats for several species that will be discussed. The property is one of several in the area that is being considered for inclusion into the Ozark Regional Land Trust that will provide future recreation opportunities such as hiking, biking, and linking several important pieces of property slated for development with area parks. This will be done with cooperation from the City of Fayetteville that is strongly supportive of efforts to maintain unique natural sites. The site may divided into several zones noted on the attached aerial map, each of which will be discussed for their vegetation by stratification, i.e. primary canopy, formed by the tallest trees, that is relatively continuous throughout the site, secondary canopy consisting of smaller trees this typically form a lower tree canopy layer, and an herb/shrub layer of lower growing vegetation. The attached map indicates the major zones labeled by the dominant canopy tree species, approximate property boundaries and the ephemeral drainages. Oak/Shagbark hickory type — This forest type dominates the northeastern part of the site with a number of canopy trees in the two foot DBH range and several specimens up to 32" DBH. White oaks far outnumber the red oaks and the secondary canopy is relatively light affording good visual penetration of the site and the ephemeral drainage channels. Trout lilies are frequent to the moister areas in the spring and shrub honeysuckle tends to grow immediately adjacent the road and next to open properties adjacent to the site. The mature shagbark hickory provide visual interest in this area. Oak/Maple forest type — As one climbs toward the south along the eastern edge of the site, the vegetation gradually changes to include a number of indigenous red maples especially near the ephemeral drainages. In addition to the oak and shagbark history these maples range up to a foot in diameter to form part of the continuous primary forest canopy. The secondary canopy is primarily made up of the major canopy species type and is generally light at this point in time affording good visibility to other parts of the site. However, the herb/shrub layer is presenting large areas of young maple saplings up to five feet in height that will some day create some impressive maple groves given enough time. An occasional specimen ash or persimmon may be noted here and there. Maple/Oak forest type - the southeast corner of the site affords views to a spectacular sandstone bluff this is somewhat dominated by maple trees up to a foot in diameter. In this zone, the maples far outnumber the oaks and hickories and afford an opportunity for viewing strong fall color. No doubt, ephemeral water falls exist in this area during periods of heavy rain that can afford the viewer with a unique opportunity to experience the natural site drainage. Deer trails are especially evident in this zone and the herb/shrub layer is quite light affording easy walking opportunities. Reserve Area and Barns — The middle of the most southern part of the site is punctuated with several picturesque barns that are just off the site and an area of roughly 3/4 acre in fescue grass that is on the site. The grass area will be part of two acres to be reserved in this zone and the open area maintained in its open condition. It is important to note that the opening in the tree canopy here, the grassy hillside, and the barns present a wonderful rural scene in the forest surrounded by a rapidly developing suburban landscapes. Cedar/Oak forest type — The southwest corner of the site is dominated by Cedars and White Oaks to create a somewhat continuous cover. The red cedars offer interest in the winter months and create good wildlife habitat due to their rather dense cover. Typically red cedar indicate dryer site conditions or past site disturbance as they are typically considered a transitional species in plant succession models. Secondary stratification is far less noticeable here as the cedars present a denser vegetation habit than the hardwoods of the site. Therefore, visual penetration into the forest is less, but the backdrop of cedars provides strong seasonal interest and is especially good for bird habitat. The hardwood component is typically white oak that is around 15" dbh. Shrub honeysuckle is evident along Smokehouse Trail. Oak/Hickory forest type — The northwest part of the site is the most typical to northwest Arkansas with white oak and several hickory species dominating the forest canopy. While a few maples may be seen along the ephemeral drainages, they are far less in number than in other parts of the site. However, the mature trees offer a strong canopy in the summer months and provide a good stabilizing cover for the erodable soils. Plants typical to the understory of the Oak/Hickory forest and the site under study are: Purple Trillium - Trillium recurvatum Bloodroot - Sanguinaria canadensis Sessile Woodoats - Chasmanthium. sessiliflorum Crested Iris - Iris cristata Trout Lily - Erythronium rostratum. American Redstart - Setophaga ruticilla Flowering Dogwood - Cornus f orida Beauty Berry - Callicarpa americana Cardinal Flower - Lobelia cardinalis Water Willow - Justicia americana Southern Lady Fern - Athyrium. jilix-fem.ina Inland Riveroats - Chasmanthium latifolium. Yellow -fringed Orchid - Platanthera ciliaris Eastern Redbud — Cercis Canadensis John V. Crone, ASLA Professor of Landscape Architecture University of Arkansas '14 r r W x• ii O I Al *4 ''hi? E ,� n CO 4) C_ cn II1) -a - q) C O � O .b' 0 0 4 m O C)O 4) vj A U CO ,D C) x N � O O O > C ..rl 4) C--) L CO U 3 w L - O O U m. 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Q v1 V a _ ra v a O L N O CoA V a' as caC_oaasa}'a > • `. R 4-, cli o on C on a (a J--) L fa L a> L > 0 L ra fa 4--) L_ Q L4. -IL ra OcOOOv-,�ar1O- a OL 0 a C W Q a 0 c n- o ra r L (a V u c to W a u•o C LU LU ro O u •D a '— on Appendix G Trails of the property Trails Master Plan for the City of Fayetteville, Arkansas 125 W. Mountain St. Fayetteville, AR 72701 ENGINEERING DIVISION CORRESPONDENCE Telephone: (479) 575-8206 Fax: (479)575-8202 December 1, 2006 Mr. Frank Sharp P.O. Box 37 Farmington, AR 72730-0037 Re: Kessler Mountain Trail Dear Mr. Sharp: The Fayetteville Alternative Transportation and Trials master plan identifies the Kessler Mountain Trail to be located on several parts of your property including across the 20 acre parcel to be placed in a conservation easement. The goal of this trail is to provide a pedestrian connection from Sixth Street (Hwy 62) over Mt. Kessler to Judge Cummings Road and the proposed South Pass Development. This trail would be a soft surface nature trail constructed primarily with volunteer work. In addition to the main Kessler Mountain Trail, we also recommend completing a loop trail along the east side of the 20 acre parcel to take advantage of the great views and the large bluff on the southeast corner. This loop trail will be approximately 0.6 miles in length (see attached map). The conservation easement will need to include language to allow public access thereto, on, over, across, and through the 20 acre parcel. Thank you for providing this great amenity for public use, Matt Mihalevich Trails Coordinator K. 4TrailslProjects lOtirer Projects lFrank Shai p4Kessler Troll Document.doc �3. a r r ri i !\s :& ± /- 4 b'1F 1 r !y rr } • ;.T4; " I. J I. �. S y 1. � �'ir ��� lrn rl. �} `.� � f•'�, a f• '� W� : '- � - �fl�;� `ri�/� +,y - i feF ter "" _ `r tt._ .-. n iy' r�"-"-1 °�• "� i r �(' 'Q' ` ✓' v-'�F,.!I'i 1 -.� , ,ate v ✓ � or r� .r G _� c1 Y n w s- �" r �(y :// (aj; •,,. .-. LA M ; 1!d ,�d, d" .o.a �♦ Z V1 N '1 3 1 t, 1 fl 161 ysa•``aJ� s`4('__I 1_IS ir �� € — ' Co ,r'f el 1 10, � f a i w- Ossoo ' ' \ i 9 • f iil dw7 tailt)l 4 v r.. ' L LSD _ - ; 3 ( N i v % 1 ! •� -�I-pia 3 � --___-! � r' r I / svrrov MNShvls^-�! a - . -c u.. ..1 N � DUI E F' N rn C F U, z m C C OD m C 00 1• . . . • . . • I . . . . . I S • . . . S . . i . . . . . . • • . . . . . Fayetteville WaSJ II —tO0 • �1cun�alrt Prairie Grove Battlefield . t - _ - Slate Park 15.8 milesi — - I- 2iT'/T rr •� F _ f 7- j_________ Frank Shar(r iras Ozark Feaiona Land Trust Cnsr'xicn asement — FesnJnia Grelour' esi! N ■ ■ ■ Ti III of -ears v ■ ■ ■ kayetlevdle Planned ra I Cornsliuction Fnlentwal T'arl l 02 V Dd rvldes - f nyet[elc CI v Limit rayetleville P,arnriing Bo.in ary 4 (12.27.06) Clarice Pearman - Res. 210-06 Page 1 From: Clarice Pearman To: Whitaker, David Date: 12.27.06 4:51 PM Subject: Res. 210-06 Attachments: 210-06 Sharp Conservation Easement.pdf CC: Audit; GIS David: Attached is a copy of the resolution passed by the City Council, December 19, 2006 regarding the Sharp Conservation Easement. Please let me know if anything else is needed. I have also passed this item along to the GIS Division to map. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us tt°'��c�at iral �enfage�sJoc� 1�! l! 0 — C �c r ARCHIVED The Fa+9etteville Natural Heritage Association, Inc. is d&dicated to conserving natural areas of - Fa jetteviIle anti its environs For the benefit of 'resent and future generations. - 18 January 2010 Connie Edmonston Parks and Recreation Director City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Connie, The Conservation Easement and Acceptance, dated December 21, 2006, for which the City of Fayetteville is the Grantee and Frank'Sharp is the Grantor, requires an annual inspection and report on the property (paragraph 4.6). Attached is the report on the second annual inspection that was conducted by the Fayetteville Natural Heritage Association on October 22, 2009. All conditions of the Conservation Easement are being met. Like most of Fayetteville, the property was impacted by the ice storm. Frank and FNHA plan to have a trail clearing this spring. Sincerely, Fayetteville Natural Heritage Association Bob Caulk Chairman Enclosure. cc: Prank Sharp r.O. box 5655 Fayetteville Arkansas 72702- 635 www.fayettevilIeriatura1.org FAYETTEVILLE NATURAL HERITAGE ASSOCIATION CONSERVATION EASEMENT MONITORING FORM Property Information and Contacts SITE NAME: Sharp Tract Easement Holder: City of Fayetteville Representative: Connie Edmonston Parks and Recreation Director City Administration Building 113 W. Mountain St. Fayetteville, AR 72701 Tel: (479) 444-3471 Email: cedmonston@ci.fayetteville.ar.us 1I. Last Visit Date of Last Visit: 10/28/08 Issues or Problems: Initiate control of exotic species, especially bush honeysuckle. Opportunities: Place signs along entrances to the trail. Ill. This Visit Date: 10/22/09 Monitors: Chris Wilson, 479-799-5321, cwi son(tnc.org Bob Caulk, 479-973-2968, bobcaulk@cox.net Pete Heinzelmann, 479-521-8973, petemargo@cox.net Owner/Representative: Frank Sharp, 479-267-3205, fsharp@pgtc.com Has property changed ownership since last visit? Subdivided? no Was owner/rep contacted before this visit? yes Did owner/ren anrmmnanv monitor? nn Comments, future plans of owner/rep? Mr. Sharp hopes to clear ice storm debris from trail, perhaps with the help of volunteers. Area inspected_ Describe inspected areas and indicate all areas visited on a site map. Show routes taken using a dashed line. Monitors hiked from the Smokehouse up the road toward the SW, then proceeded west and south along the trail through western part of the property. At the road intersection, monitors went south to intersection with the driveway, then retreated back to the point at which the trail meets the road. Monitors then hiked the trail to the east and followed the trail through the east side of the tract to its intersection with the road at the north end. Monitor's Observations Current Land Uses: none, except some public use of trail New or Changed Conditions (from previous report): Several sections of trail are impassable or no longer visible due to ice storm debris. Describe current conditions for each of the permitted and restricted uses on the Existing Conditions Record (attached). Are terms of the easement being met? Explain (attach additional pages if necessary). Yes Terms are met Activities on Adjacent Properties: Several residences exist around the property. No activities were observed that adversely affect the property. Does site show signs of public use? If yes, describe. Some sign of public use of the trail. Opportunities to increase the value of the easement (educational, exotics control, etc) Initiate control of exotic species, especially bush honeysuckle. Clear trails of ice storm debris. Existing Conditions Record Restricted Uses of the Property The following uses and practices are inconsistent with the purpose of the conservation easement except as expressly permitted under Consistent Uses of the Property. A. No Construction Easement Condition: There shall be no constructing or placing of any buildings, tennis or other recreational court, landing strip, mobile home, swimming pool, fence or sign (other than those required by the Grantee for appropriate management), asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, lower (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. Baseline Condition: A 2 -lane asphalt road runs through the property; otherwise, no construction exists. Existing Condition: No new construction has occurred. B. No Excavation Easement Condition: 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, except as to construct a formal walking trail from the informal walking path that is currently present on the protected property as set _ f rIl? in §2.9 and §3.3 below. Baseline Condition: A primitive walking trail exists on the property. Existing Condition: Primitive walking trail exists with limited improvements such as rock steps and rock creek crossings. C. No Cutting Easement Condition: 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, and except to maintain any trails that are established thereon as provided below. Baseline Condition: A few small trees and downed logs cut to establish formal walking trail. Existing Condition: Winter ice storm caused extensive damage to trees and created large amounts of slash from tree limbs. No cutting has occurred other than cutting down trees to maintain trail. D. No Dumping Easement Condition: There shall he 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. Baseline Condition: No evidence of dumping exists on the property. Existing Condition: No evidence of dumping exists on the property. E. No Pollution Easement Condition: 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 Properly. Baseline Condition: No evidence of pollution or alteration to water exists on the property. Existing Condition: No evidence of pollution or alteration to water exists on the property. F. No Vehicles Easement Condition: There shall be no operation of mountain or other bicycles, snowmobiles, dune buggies, motorcycles, all -terrain or off -road vehicles, hang gliders, aircraft, jet skis, motorized boats or any other types of mechanized vehicles, even on the walking trail as more fully described below, except as required to maintain the Protected Property, and except on that portion of the Protected Property on which the present city street -- Smokehouse Trail — is situated, which is owned and maintained by the Grantee as set forth more, fully in §3.5 below. Baseline Condition: No evidence of bikes or vehicles exists on the property. Existing Condition: No evidence of bikes or vehicles exists on the property. G. No Subdivision Easement Condition: The Protected Property may not be divided, partitioned, or subdivided, nor conveyed except in its current configuration as an entity. Baseline Condition: No subdivision has occurred. Existing Condition: No subdivision has occurred. H. Density Easement Condition: Neither the Protected Property nor any portion of it shall be included as part of the gross area of other properly 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; provided, however, that with prior written permission of the Grantee, this paragraph shall not preclude such transfer of development rights resulting from the destruction or demolition of'any existing residential building on the Protected Property. Baseline Condition: No changes in density or transfers of development rights have occurred. Existing Condition: No changes in density or transfers of development rights have occurred. I. Trails Easement Condition: The parties acknowledge existence of an informal walking path that is located on the Protected Property as of the date of this Easement, as shown in attached exhibit. This path shall be improved into a soft surface natural nature trail by Grantee and its agents and volunteers in conjunction with the overall construction and improvement of the Kessler Mountain Trail that will be located on adjacent properties. All such improvements shall be to the existing informal walking path in its present location. No asphalt or concrete shall he allowed. The public shall have access to this trail as a walking path, both as now existing and as improved as set forth above; provided, however, that the public shall not have access to any other portions of the Protected Property except as may otherwise be provided herein. One or more of Grantor :s trustees shall be consulted and shall approve all improvements to the trail from time to time. No mountain biking, motorcycle riding, or other activities shall be engaged in on the path or the trail except pedestrian walking. Pets shall be allowed thereon. Baseline Condition: A primitive walking trail exists on the property. Existing Condition: Primitive walking trail exists with limited improvements such as rock steps and rock creek crossings. There is evidence of pedestrian use by the public, with no evidence of bikes or other vehicles. Portions of the trail were impassible or indistinguishable due to ice storm slash. Existing Conditions Record (continued) Permitted Uses of the Property The following uses and practices are consistent with the conservation easement. The easement allows the Grantor and/or Assigns to: A. Existing Uses Easement Condition: The right to undertake or continue any activity or use of the Protected Property not prohibited by this Conservation Easement. Prior to making any change in use of the Protected Property, the Grantor shall notify the Grantee in writing to allow the Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. Baseline Condition: Grantee uses property solely for nondestructive recreational uses. Existing Condition: Grantee uses property solely for nondestructive recreational uses. B. Transfer Easement Condition: 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. Baseline Condition: No transfer has occurred. Existing Condition: No transfer has occurred. C. Trail Easement Condition: To make improvements to and maintain the present informal walking path and the formal trail in the same location as it is constructed. Baseline Condition: A primitive walking trail exists on the property. Existing Condition: Primitive walking trail exists with limited improvements such as rock steps and rock creek crossings, although ice storm damage has blocked the trail in places. D. Diseased Trees Easement Condition: The right to cut and remove dead, diseased, or exotic trees, shrubs, or plants and to cut firebreaks at Grantor s discretion. Baseline Condition: No evidence of tree cutting or removal. Existing Condition: No evidence of tree cutting or removal, except for trail maintenance. E. Existing Road Easement Condition: The right to continue using the existing road (Smokehouse Trail) through the Protected Property. Baseline Condition: Smokehouse Trail is a city -maintained asphalt road used by Grantor and the public. Existing Condition: Smokehouse Trail is a city -maintained asphalt road used by Grantor and the public. F. Utility Easement Easement Condition: The right to construct and maintain one or more utility easements through the Protected Property to provide any utilities (in the broadest sense of the word) to any properly located outside of the Protected Property. Baseline Condition: No easements maintained. Existing Condition: No easements maintained. G. Grantor's Access Easement Condition: The right to allow the Sharp family and its guests and invitees to continue to access the Protected Property from time to time as they may determine in their discretion. Baseline Condition: Sharp Family accesses and uses the property for recreation. Existing Condition: Sharp Family accesses and uses the property for recreation. H. Certain Third Party Access Easement Condition: The right to grant written permission to certain non-profit third parties such as, without limitation, the University of Arkansas, school districts, City of Fayetteville, etc., and the right for those entities and their employees, students, etc. to access the Protected Property, for educational uses that do not unreasonably interfere with the purpose of this easement. Baseline Condition: Certain parties granted access as appropriate. Existing Condition: Certain parties granted access as appropriate. 1. Enforcement Easement Condition: The right (but not the obligation) to enforce the terms of this Conservation Easement, it being understood that Grantee has the same right and obligation. Baseline Condition: No enforcement required. Existing Condition: No enforcement required. J. Cut Wood Easement Condition: The right to cut wood from time to time as long as it does not substantially alter the Protected Property. Baseline Condition: No wood cutting observed other than for trail maintenance. Existing Condition: No wood cutting observed other than for trail maintenance. '' ' —:cultural Use Easement Condition: The right to use up to two acres on the south end of the Protected Property for agricultural purposes, which includes without limitation the right to erect agricultural fencing to prevent grazing animals from accessing the remainder of the Protected Property. Baseline Condition: No agricultural use. Existing Condition: No agricultural use. Documentation A site map is attached. A minimum of six photographs is required (mark locations on map). Recent aerial photo may be required if necessary to document easement conditions. Signature of Monitor(s) Date dlqll-o 7 P Signature of Monitor(s) Date - ( rl - Signature of Monitor(s) Date / "1 t'0 Appendix A. Map showing locations of photo stations and the route traveled by monitors. -rt Exhibit C. Photos of the Sharp Tract. Photo 1. 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