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
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FAYETTEVILLE: 2.
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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.
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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
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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
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