HomeMy WebLinkAbout153-16 RESOLUTIONh- Doc ID: 017054150035 Type: ype: REL
V Kind: EASEMENT
Recorded: 09/09/2016 at 09:18:08 AM
Fee Amt: $185.00 Page 1 of 35
Washington County, AR
Kyle Sylvester Circuit Clerk
113 West Mountain File2016-00026307
Street Fayetteville,
AR 72701
(479)575-8323
Resolution: 153-16
File Number: 2016-0364
KESSLER MOUNTAIN CONSERVATION EASEMENT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF CONSERVATION
EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST FOR THE PRESERVATION OF
KESSLER MOUNTAIN.
WHEREAS, establishing a permanent conservation easement on the 384 acres of Kessler Mountain owned
by the City will protect open space, wildlife habitat, water quality, and aesthetic and scenic values, as well
as establish the types of sustainable land uses permitted on Kessler Mountain, including the establishment
and maintenance of trails that are used and enjoyed by Fayetteville residents and visitors alike; and
WHEREAS, the Northwest Arkansas Land Trust has agreed to accept the conservation easement and
perform the corresponding duties as the easement holder for the amount of $50,309.00, which the
Fayetteville Natural Heritage Association has agreed to pay.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
sign the Grant of Conservation Easement and all other documents necessary for the preservation of
Kessler Mountain by the Northwest Arkansas Land Trust.
PASSED and APPROVED on 8/16/2016
Page 1 Printed on 8117116
Resolution: 153-16
File Number: 2016-0364
Attest:
Sondra E. Smith, City Clerk Treasurer
dirt I TEV(LLE;
• r
Page 2 Printed on 8117116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0364
Agenda Date: 8/16/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 2
KESSLER MOUNTAIN CONSERVATION EASEMENT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF CONSERVATION
EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST FOR THE PRESERVATION OF
KESSLER MOUNTAIN
WHEREAS, establishing a permanent - conservation easement on the 384 acres of Kessler Mountain
owned by the City will protect open space, wildlife habitat, water quality, and aesthetic and scenic
values, as well as establish the types of sustainable land uses permitted on Kessler Mountain, including
the establishment and maintenance of trails that are used and enjoyed by Fayetteville residents and
visitors alike; and
WHEREAS, the Northwest Arkansas Land Trust has agreed to accept the conservation easement and
perform the corresponding duties as the easement holder for the amount of $50,309.00, which the
Fayetteville Natural Heritage Association has agreed to pay.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign the Grant of Conservation Easement and all other documents necessary for the preservation of
Kessler Mountain by the Northwest Arkansas Land Trust.
City of Fayetteville, Arkansas Page 1 Printed on 8117/2016
EXHIBIT A
Legal Description of Protected Property
A PART OF ADJUSTED TRACT 5 AND ALL OF ADJUSTED TRACT 6 AS PER A PROPERTY LINE
ADJUSTMENT SURVEY FILED AS INSTRUMENT NUMBER 2014-16097 WITH THE CIRCUIT CLERK OF
WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE FRACTIONAL WEST HALF (W %) OF
THE SOUTHWEST QUARTER (SW '/a) AND A PART OF THE SOUTHEAST QUARTER (SE '/n) OF THE
SOUTHWEST QUARTER (SW '/,), ALL BEING IN SECTION THIRTY (30); AND A PART OF THE
FRACTIONAL NORTHWEST ,QUARTER (NW '/<) OF SECTION THIRTY-ONE (31); AND A PART OF THE
SOUTHEAST QUARTER (SE '/4) OF SECTION TWENTY-FIVE (25); AND A PART OF THE NORTH HALF
(N 1/2) OF THE NORTHEAST QUARTER (NE%) AND A PART OF THE SOUTHEAST QUARTER (SE '/<) OF
THE NORTHEAST QUARTER (NE V4), ALL BEING IN SECTION THIRTY-SIX (36), ALL PARTS BEING IN
TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND ALUMINUM MONUMENT AT THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTER (SE 'A), SECTION TWENTY-FIVE (25), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY-ONE (31) WEST; THENCE ALONG THE EASTERLY LINE OF SAID TRACT SOUTH
02025'51" WEST 36.60 FEET TO A FOUND ALUMINUM MONUMENT AT THE NORTHWEST CORNER OF
THE FRACTIONAL SOUTHWEST QUARTER (SW '/<) OF SECTION THIRTY (30), TOWNSHIP SIXTEEN
(16) NORTH, RANGE THIRTY (3 0) WEST; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH
87015'10" EAST 700.17 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 02°05'17" WEST 660.00
FEET; THENCE THE FOLLOWING COURSES: SOUTH 87°15'10" EAST 257.44 FEET; SOUTH 58°07'31"
WEST 324.29 FEET; NORTH 86°44'15" WEST 330.61 FEET; SOUTH 74°09'23" WEST 137.05 FEET; SOUTH
30°16'13" WEST 254.00 FEET; SOUTH 27°26'52" WEST 126.27 FEET; SOUTH 04°45'59" WEST 193.96 FEET;
SOUTH 25007'29" EAST 274.91 FEET; SOUTH 46°4929" EAST 159.23 FEET; SOUTH 03°33'11" WEST 69.09
FEET; SOUTH 28°33'12" WEST 86.25 FEET; SOUTH 02°12'58" EAST 248.61 FEET; SOUTH 05°50'07" EAST
152.03 FEET; SOUTH 29043'41" WEST 92.26 FEET; SOUTH 37°07'18" EAST 120.86 FEET; SOUTH 45°00'58"
EAST 126.58 FEET; SOUTH 17°48'52" WEST 178.11 FEET; SOUTH 04°52'49" EAST 113.12 FEET; NORTH
82059'00" EAST 136.94 FEET; SOUTH 09°29'53" EAST 155.53 FEET; NORTH 52°21'44" EAST 384.50 FEET;
SOUTH 04018'51" WEST 13.13 FEET; SOUTH 87123'14" EAST 1005.32 FEET; SOUTH 82°23'57" EAST
151.75; NORTH 90°00'00" EAST 176.03 FEET; NORTH 56°33'49" EAST 100.55 FEET; THENCE SOUTH
33016'32" EAST 120.80 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 16038'06" AND A RADIUS OF 360.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH
OF 104.52 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 41035'35" EAST 104.15 FEET;
THENCE SOUTH 49054'38" EAST 54.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING
A CENTRAL ANGLE OF 48018'27" AND A RADIUS OF 360.00 FEET; THENCE ALONG SAID CURVE AN
ARC LENGTH OF 303.53 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 25045'24" EAST
294.61 FEET; THENCE SOUTH 01036110" EAST 48.91 FEET TO THE BEGINNING OF A CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 17044'21" AND A RADIUS OF 220.00 FEET; THENCE ALONG
SAID CURVE AN ARC LENGTH OF 68.11 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH
10028'21" EAST 67.84 FEET; THENCE SOUTH 19020'31" EAST 37.23 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 24059'05" AND A RADIUS OF 220.00 FEET;
THENCE ALONG SAID CURVE AN ARC LENGTH OF 95.93 FEET AND A CHORD BEARING AND
DISTANCE OF SOUTH 06050'59" EAST 95.18 FEET; THENCE SOUTH 05°38'34" WEST 122.87 FEET TO
THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16045'37" AND A
RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 163.81 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 02044'14" EAST 163.23 FEET; THENCE SOUTH 11°07'03"
EAST 17.62 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
46037'08" AND A RADIUS OF 560.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 455.65
FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 12011'31" WEST 443.18 FEET; THENCE
SOUTH 35030'05" WEST 58.56 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 45041'49" AND A RADIUS OF 280.00 FEET; THENCE ALONG SAID CURVE AN
ARC LENGTH OF 223.32 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 12°39'11" WEST
Exhibit A - Property Legal Description
217.45 FEET; THENCE SOUTH 10°11144" EAST 1.43 FEET TO THE BEGINNING OF A CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 71'40'01" AND A RADIUS OF 120.00 FEET; THENCE ALONG
SAID CURVE AN ARC LENGTH OF 150.10 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH
46001'45" EAST 140.50 FEET; THENCE SOUTH 81051'46" EAST 60.59 FEET TO A FOUND IRON PIN;
THENCE SOUTH 02036'50" WEST 111.94 FEET TO A FOUND IRON PIN; THENCE NORTH 87°10'03" WEST
1671.80 FEET TO A FOUND IRON PIN; THENCE SOUTH 02037'31" WEST 651.66 FEET TO THE
SOUTHERLY LINE OF SAID NORTH HALF (N %.) OF THE FRACTIONAL SECTION THIRTY-ONE (31);
THENCE ALONG SAID SOUTHERLY LINE NORTH 87°04'57" WEST 963.78 FEET TO A FOUND
ALUMINUM MONUMENT BEING THE SOUTHWEST CORNER OF SAID FRACTIONAL NORTHWEST
QUARTER (NW '/4), SECTION THIRTY-ONE (31), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)
WEST; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER (SE %4) OF THE
NORTHEAST QUARTER (NE '/4) OF SECTION THIRTY-SIX (36), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY-ONE (3 1) WEST NORTH 87°03'18" WEST 962.79 FEET TO A FOUND IRON PIN; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 03006'30" EAST 249.93 FEET TO A FOUND IRON PIN;
THENCE NORTH 86053'02" WEST 350.00 FEET TO A FOUND IRON PIN ON THE WESTERLY LINE OF
SAID SOUTHEAST QUARTER (SE %4) OF THE NORTHEAST QUARTER (NE '/4), SECTION THIRTY-SIX
(36), TOWNSHIP SIXTEEN (16), RANGE THIRTY-ONE (31) WEST; THENCE ALONG SAID WESTERLY
LINE NORTH 01 047126" EAST 1060.68 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF
THE NORTHWEST QUARTER (NW '/4) OF THE NORTHEAST QUARTER (NE r/a) SAID SECTION THIRTY-
SIX (36), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST; THENCE ALONG THE
SOUTHERLY LINE OF SAID FORTY (40) ACRE TRACT NORTH 8716'27" WEST 1343.38 FEET TO A
FOUND IRON PIN LOCATED IN THE CENTERLINE OF A GRAVEL ROAD; THENCE ALONG SAID
CENTERLINE NORTH 04002'35" EAST 72.47 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
NORTH 11°19'49" EAST 40.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA
ANGLE OF 51007'26" AND A RADIUS OF 101.22 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG SAID CURVE AN ARC LENGTH OF 90.32 FEET AND A CHORD BEARING AND
DISTANCE OF NORTH 24009'50" WEST 87.35 FEET; THENCE NORTH 48°44'10" WEST 34.21 FEET TO
THE BEGINNING OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 42042'03" AND A RADIUS
OF 215.87 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG SAID CURVE AN ARC
LENGTH OF 160.88 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 67002'42" WEST 157.18
FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 89017123" WEST 123.09 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE NORTH 87011'38" WEST 161.28 FEET; THENCE
LEAVING SAID CENTERLINE NORTH 01 057'34" EAST 1055.60 FEET TO A FOUND IRON PIN; THENCE
SOUTH 87031'37" EAST 1230.87 FEET TO A FOUND IRON PIN LOCATED ON A BLUFF LINE; THENCE
ALONG SAID BLUFF LINE THE FOLLOWING COURSES:
NORTH 17008'05" EAST 157.76 FEET; NORTH 23°29'30" EAST 127.51 FEET; NORTH 02°2544" EAST 131.20
FEET; N 30°29'11" WEST 198.42 FEET; NORTH 16°15'45" WEST 180.52 FEET; NORTH 03°00'58" EAST
113.62 FEET; NORTH 14013'54" EAST 202.18 FEET; NORTH 24°51'02" WEST 100.73 FEET; NORTH
08041'17" EAST 110.59 FEET; NORTH 67153142" EAST 173.71 FEET TO A FOUND IRON PIN; THENCE
LEAVING SAID BLUFF LINE NORTH 87018'22" WEST 147.50 FEET TO A FOUND IRON PIN; THENCE
NORTH 01028'04" EAST 659.86 FEET TO A FOUND IRON PIN; THENCE SOUTH 87°13'07" EAST 660.25
FEET TO A FOUND IRON PIN ON THE WESTERLY LINE OF A PROPERTY DESCRIBED AS "ADJUSTED
TRACT 2" IN INSTRUMENT NO. 2010-26595 AS FILED WITH THE CIRCUIT CLERK OF SAID COUNTY;
THENCE ALONG THE WESTERLY LINE OF SAID PROPERTY NORTH 0102739" EAST 675.06 TO A
FOUND IRON PIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE
SOUTHEAST QUARTER (SE %), SAID SECTION TWENTY-FIVE (25), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY-ONE (3 1) WEST; THENCE ALONG SAID NORTHERLY LINE OF SAID TRACT SOUTH
87009'38" EAST 1314.52 FEET TO THE POINT OF BEGINNING, CONTAINING 384.628 ACRES, MORE OR
LESS.
LESS AND EXCEPT: ONE SQUARE FOOT AT THE NORTHWESTERN MOST CORNER OF WASHINGTON
COUNTY PARCEL NUMBER 765-16323-100 PER INSTRUMENT NUMBER 2006-15251 FILED WITH THE
CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS.
LESS AND EXCEPT: TWENTY-FIVE FEET (25') NORTHERLY AND EASTERLY OF THE CENTERLINE OF
SAID ARC141E WATKINS ROAD (WASHINGTON COUNTY ROAD 265) FOR CITY OF FAYETTEVILLE
Exhibit A - Property Legal Description
RIGHT-OF-WAY PER INSTRUMENT NUMBER 2010-28100 FILED WITH THE CIRCUIT CLERIC,
WASHINGTON COUNTY, ARKANSAS, SAID RIGHT-OF-WAY CONTAINING 0.403 ACRES, MORE OR
LESS.
THE ABOVE DESCRIBED CONSERVATION EASEMENT CONTAINING A NET TOTAL OF 384.225
ACRES, MORE OR LESS.
SUBJECT TO ANY OTHER RIGHTS-OF-WAY AND/OR EASEMENTS WHETHER ORNOT OF RECORD,
Exhibit A—Property Legal Description
EMOBIT B
Graphic Depiction of Protected Property
Attached.
Exhibit B — Property Depiction
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NORTHWEST ARKANSAS
Land. Trust
[ ONSEIRViNG LAND AND WATER
November 11, 2014
Mayor Lioneld Jordan
113 W Mountain Street
Fayetteville, AR 72701
RE: Letter Agreement for Kessler Mountain Conservation Easement
Dear Mayor,
This Letter Agreement outlines our understanding with respect to the grant of a conservation easement
from the City of Fayetteville, as Grantor ("Grantor, to the Northwest Arkansas Land Trust, an Arkansas
nonprofit corporation, as Grantee, the "NWA Land Trust") with respect to 376 acres (more or less) of
open space located in Washington County, Arkansas, known as the "Kessler Mountain Reserve." The
conservation easement for the Kessler Mountain Reserve is referred to in this Letter Agreement as the
"Conservation Easement."
The NWA Land Trust takes its perpetual land stewardship role very seriously. In accordance with Land
Trust Alliance Standards and Practices, NWA Land Trust must ensure that each project is backed with
sufficient funding to cover the upfront and long-term costs it incurs in accepting a conservation
easement. Stewardship funding is calculated according to the formula specified in NWA Land Trust's
Stewardship Funding Cost Analysis, which is performed for each potential project. Calculations are
based on experience and informed assumptions. The calculation is adjusted upward based on size,
complexity and risk factors that will require greater time and expenditures by NWA Land Trust in the
future.
Based on these calculations, and as previously communicated, costs for the Kessler Mountain
Conservation Easement are $10,309 for Initial set-up fees (the "Start -Up Fee"), and a $40,000
contribution for ongoing monitoring and stewardship (the "Stewardship Fee").
The Board of Directors of the NWA Land Trust has approved preliminary acceptance of the Conservation
Easement, subject to payment of the Start -Up Fee and the Stewardship Fee and satisfaction of the
additional terms and conditions hereinafter set forth.
Agreements of the Parties: Terms and Conditions to Final Conservation Easement.
Grantor shall pay to the NWA Land Trust the Start -Up Fee upon execution of this Letter
Agreement. This Letter Agreement shall not be effective until Grantor shall have executed the
Letter Agreement and the NWA Land Trust shall have received the Start -Up Fee.
• NWA Land Trust agrees to allocate $2,500 of the Start -Up Fee to its conservation easement
defense fund, in accordance with its current policies, and such funds shall continue to be
maintained and administered in accordance with NWA Land Trust's policies and procedures, as
in effect from time to time. The conservation easement defense fund is Board -designated, and
the NWA Land Trust's Board of Directors directs the use of these funds for their stated
purposes.
• Upon execution of this Letter Agreement and receipt of the Start -Up Fee, NWA Land Trust will
begin its due diligence work to draft and complete the Conservation Easement.
Grantor shall provide the following items to the NWA Land Trust at Grantor's cost, all of which
must be received, reviewed and approved by the NWA Land Trust, its Board of Directors and its
legal counsel prior to final approval of the Conservation Easement:
o Current survey of the property subject to the Conservation Easement, platting the
Conservation Easement and including a separate legal description for the conservation
property subject to the Conservation Easement;
o Current title commitments for an owner's policy for the property subject to the
Conservation Easement; and
o Master plans including trail design, access points and any other improvement plans for the
property subject to the Conservation Easement.
• NWA Land Trust will prepare and complete a Baseline Documentation Report, which will be
forwarded to the Grantor for review and signature. To prepare the Baseline Documentation
Report, a NWA Land Trust staff member will be making a several more site visits to the
conservation property.
Final Approval and Payment of Stewardship Fee.
Final approval of the Conservation Easement will be subject to approval and by both parties. While
preliminary due diligence has yielded no reason to suspect such an issue may arise, the NWA Land Trust
shall have the right to disapprove the final Conservation Easement and terminate this Letter Agreement
upon notice to Grantor if the title commitment, survey, or further due diligence performed by NWA
Land Trust in accordance with this Letter Agreement reveal unanticipated conditions that would
severely impact the conservation values of the property.
Once final approval of the Conservation Easement is obtained, Grantor shall pay to the NWA Land Trust
the Stewardship Fee, which shall be due and payable upon execution and delivery of the final
Conservation Easement. The Stewardship Fee will be deposited into the NWA Land Trust's stewardship
fund for long-term easement monitoring and management, in accordance with the NWA Land Trust's
current policies, and such funds shall continue to be maintained and administered in accordance with
NWA Land Trust's policies and procedures, as in effect from time to time. The stewardship fund is
Board -designated, and the NWA Land Trust's Board of Directors directs the use of these funds for their
stated purposes.
Failure to Complete.
Should the NWA Land Trust disapprove the final Conservation Easement and terminate this Letter
Agreement due to an unforeseen defect in title, assurances or other unanticipated circumstances, as
more particularly set forth in "Final Approval and Payment of Stewardship Fee" above, then the Start -Up
Fee shall be retained by the NWA Land Trust to cover costs of its due diligence, but any portion of the
Stewardship Fee paid by Grantor shall be refunded in its entirety to Grantor, and this Letter Agreement
shall terminate.
In the event Grantor has performed all obligations under this Letter Agreement and the NWA Land Trust
has failed to perform any of its obligations and such default is not cured as agreed and specified in
writing, then Grantor may terminate this Letter Agreement by written notice to the NWA Land Trust on
or prior to an agreed upon deadline and receive a refund of any portion of the Stewardship Fee and the
Start -Up Fee paid by Grantor to the NWA Land Trust as liquidated damages in lieu of any other remedy
Grantor may have.
Execution of Letter Agreement.
This Letter Agreement maybe executed in any number of counterparts, all of which taken together shall
constitute one and the same instrument. A counterpart hereof signed and transmitted by any parry
hereto by facsimile or attachment to electronic mail is to be treated as an original. The signature of such
party thereon, for purposes hereof, is to be considered as an original signature, and the counterpart so
transmitted is to be considered to have the same binding effect as an original signature on an original
document. In making proof of this Letter Agreement, It shall not be necessary to produce or account for
any counterpart other than one signed by the party against which enforcement is sought.
Thank you for your interest in the Northwest Arkansas Land Trust. We look forward to working with you
to ensure the permanent protection of this important property for future generations.
Please call us at 479-966-4666 if you have any questions
sincerely,
Cd4
Terri L. Lane
Executive Director
By signing below, the Parties acknowledge that they have read, understand and agree to the
terms of the Letter Agreement.
GRANTOR:
CITY OF F 'YETTEVILLE,
ARKANS
By:
io eId J an ayor
Attest: ���'� %z
Sondra E. Smith, City Clerk
Date:
GRANTEE:
NORTHWEST ARKANSAS LAND TRUST
By
I'e i L. Nuie, Executive T hector
This document prepared by, and
upon recording to be returned to:
Northwest Arkansas Land Trust
P.O. Box 2211
Bentonville, AR 72712
479-966-4666
Portions or All of Tax Parcels:
#765-15443-207, 4765-16322-700, #765-16322-600, #765-16322-701,#765-16323-102,
#765-16323-100, #765-16322-900, #765-16322-901, #765-16322-800,#765-16322-801,
#765-16323-403,#765-16323-300,#765-16323-200
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF CONSERVATION EASEMENT (this "Grant" or this
"Easement") is made this I LOA' day of 2016 (the "Easement Date") by and
between the CITY OF FAYETTEVILLE, ARI SAS, an Arkansas municipal corporation
("the Grantor") and the NORTHWEST ARKANSAS LAND TRUST, an Arkansas non-profit
corporation (the "Holder"), for the purpose of forever conserving the Conservation Values of the
Protected Property (both hereinafter defined). Capitalized Terms not otherwise defined in this
Easement shall have the meanings given them in Article VII hereof.
NOW THEREFORE, in consideration of the mutual covenants herein contained and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1
BACKGROUND
1.01 Protected Property
The Grantor is the sole Owner in fee simple of certain real property more particularly described
in Exhibit "A" hereto (the "Protected Property"). The Protected Property is also described as:
Known As:
Kessler Mountain
Municipality:
Fayetteville
County:
Washington
State:
Arkansas
Acreage:
384.225 acres, more or less
1.02 General Description
Attached as Exhibit `B" is a graphic depiction of the Protected Property. The Protected Property
possesses significant Open Space, wildlife habitat/biological, water quality/hydrologic, aesthetic
and scenic values (collectively, the "Conservation Values") of great importance to the Grantor
and to the citizens of the City of Fayetteville, and the citizens of the State of Arkansas. The
Protected Property supports ecologically, biologically and geologically diverse habitat areas.
1.03 Conservation Purposes
By this Grant, the Grantor imposes a perpetual conservation servitude and easement (the
"Conservation Easement") on the Protected Property so as to assure that the Conservation
Values of the Protected Property, that would otherwise be threatened by development pressure,
will be retained forever, and to prevent any use of the Protected Property that would impair the
Conservation Purposes set forth below (collectively, the "Conservation Purposes").
(a) Conservation Purposes. The Conservation Purposes include, but are not limited to
the following:
(i) Open Space Preservation. To maintain the Protected Property as an Open
Space and nature park facility for the enjoyment and education of the general public and to
support the Grantor's Enduring Green Network goals.
(ii) Wildlife Habitat Protection. To maintain and improve the quality of wildlife
habitat; to protect ecologically significant sites and species; to promote biodiversity and
Native Species; to preserve large intact areas of wildlife habitat, connect patches of
wildlife habitat and secure migration corridors.
(iii) Water Quality Preservation. To maintain and improve the
watershed/hydrological value, both surface and groundwater, within, around and
downstream of the Protected Property. Specifically, helping to protect the water quality of
the Illinois River and of Beaver Lake.
(iv) Forest, Woodland Area and Other Vegetative Resource Protection. To
perpetuate and foster the growth of a healthy and unfragmented Woodland Area; to
maintain a continuous canopy of vegetation with multi -tiered understory of trees, shrubs,
wildflowers and grasses; to support healthy ecosystem processes; and to trap air pollution
particulates for healthier air and sequester carbon in trees and soil in order to mitigate
rising atmospheric carbon levels.
(v) Scenic Value Preservation. To preserve the relationship of scenic resources
within the Protected Property to natural and scenic resources in its surroundings and to
protect scenic vistas visible from public rights-of-way and other public access points in the
vicinity of the Protected Property.
(vi) Sustainable Land Uses. To ensure that public access and other permitted uses
are conducted and maintained in a Sustainable manner that will neither diminish the
biological integrity of the Protected Property nor deplete natural resources over time nor
lead to an irreversible disruption of ecosystems and associated processes.
1.04 Baseline Documentation
The specific Conservation Values of the Protected Property and its current use and state of
Improvement are documented in a Baseline Documentation Report (the "Baseline
Documentation Report"), prepared by the Holder and to be kept at the principal office of the
Holder. As of the Easement Date, the Grantor and Holder have signed and acknowledged the
Report to be complete and accurate as of the Easement Date. The Report includes reports, maps,
photographs and other documentation, to be used by the Holder to assure that any future changes
in the use of the Protected Property will be consistent with the terms of this Conservation
2
Easement. (However, the Report is not intended to preclude the use of other evidence to
establish additional Conservation Value of the Protected Property now or in the future.)
1.05 Federal Tax Items
(a) Holder. The Holder is a qualified, tax-exempt, publicly supported organization under
Section 501(c) of the Internal Revenue Code, 26U.S.C. § 501(c), as amended, and is eligible
to be a Holder of conservation easements under Applicable Law, and the Holder has agreed
to accept this grant of Conservation Easement.
(b) Qualified Conservation Contribution. The undersigned Grantor and Holder
confirm that the grant to the Holder of this Conservation Easement is not intended to be a
Qualified Conservation Contribution under the Code and Regulations.
(c) Public Benefit. The Grantor has granted the Conservation Easement to provide a
significant public benefit (as defined in § 1.170A -14(d)(4) of the Regulations). In addition to
the public benefits described in the Conservation Purposes, the Baseline Documentation
Report identifies public policy statements and other factual information supporting the
significant public benefit of this Conservation Easement, including:
(i) Preserving a relatively natural environment as described in the
Conservation Purposes.
(fi) Preserving Open Space in furtherance of the public policies.
(d) Mineral Interests. No Person has retained a qualified mineral interest in the Protected
Property of a nature that would disqualify the Conservation Easement for purposes of
§1.170A -14(g)(4) of the Regulations. From and after the Easement Date, the grant of any
such interest is prohibited and the Holder has the right to prohibit the exercise of any such
right or interest if granted in violation of this provision.
(e) Notice Required under Regulations. To the extent required for compliance with
§ 1. 170A- 14(g)(5)(ii) of the Regulations, and only to the extent such activity is not otherwise
subject to Review under this Grant, the Grantor agrees to Notify the Holder before exercising
any reserved right that may have an adverse impact on the Conservation Values associated
with the Protected Property.
(f) Property Right. In accordance with § 1.170A -14(g)(6) of the Regulations, the Grantor
agrees that the grant of this Conservation Easement gives rise to a property right,
immediately vested in the Holder, that entitles the Holder to compensation upon
extinguishment of the easement. The fair Market Value of the property right is to be
determined in accordance with the Regulations; i.e., it is at least equal to the proportionate
value that the Conservation Easement as of the Easement Date bears to the value of the
Protected Property as a whole as of the Easement Date (the "Proportionate Value"). If the
Proportionate Value exceeds the compensation otherwise payable to the Holder under Article
V, the Holder is entitled to payment of the Proportionate Value. Holder must use any funds
received on account of the Proportionate Value for conservation purposes (as that phrase is
defined in the Regulations).
(g) Acknowledgment of Donation. Except for such monetary consideration (if any) as is
set forth in this Article, the Holder acknowledges that no goods or services were received in
consideration of this Grant.
(h) No Representation of Tax Benefits. The Grantor represents, warrants and covenants
to the Holder that:
(i) The Grantor has not relied upon any information or analyses furnished by the
Holder with respect to either the availability, amount or effect of any deduction, credit
or other benefit to Grantor under Applicable Law; or the value of the Conservation
Easement or the Protected Property.
(ii) The Grantor has relied solely upon its own judgment and/or professional advice
furnished by the appraiser and legal, financial and accounting professionals engaged
by the Grantor. If any Person providing services in connection with this Conservation
Easement or the Protected Property was recommended by the Holder, the Grantor
acknowledges that the Holder is not responsible in any way for the performance of
services by these Persons.
(iii) This Grant is not conditioned upon the availability or amount of any deduction,
credit or other benefit under Applicable Law.
1.06 Beneficiaries
This Conservation Easement does not confer any rights or remedies upon any Person other than
the Grantor and Holder. No other Persons are vested with any rights, whether arising under this
Conservation Easement or otherwise under Applicable Law.
ARTICLE H
TRANSFER; SUBDIVISION
2.01 Transfer
(a) Notice Required. Not less than thirty (30) days prior to transfer of the Protected
Property, Grantor must Notify Holder of the name(s) and address for notices of the Persons
who will become Owners following the transfer.
(b) Prior to Transfer. Owners authorize Holder to (i) contact the Persons to whom the
Protected Property will be transferred, and other Persons representing Owners or the
prospective transferees, to discuss with them this Conservation Easement and, if applicable,
other pertinent documents; and (ii) enter the Protected Property to assess compliance with
this Conservation Easement. Grantor and all subsequent Owners agree that Holder's right to
enter, access, and inspect the Protected Property shall run with the land and be binding upon
any transferees, assignees, grantees, lessees or receivers of the Protected Property.
(c) Ending Continuing Liability. Grantor prior to transfer is liable, on a joint and
several basis with the Owners following the transfer, for the correction of violations and
discharge of other obligations of Grantor under this Grant. This provision continues to apply
until Holder has been notified of the transfer, inspects the Protected Property after the
transfer, and reports no violations observed during such inspection.
2.02 Prohibitions
No transfer of a Lot independent of the remainder of the Protected Property; no change in the
boundary of any Lot; and no other Subdivision is permitted.
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El .1141 [ol a321"
ACTIVITIES AND USES
3.01 Prohibited Activities and Uses
Any activity on or use of the Protected Property that is inconsistent with the Conservation
Purposes of this Conservation Easement is prohibited, subject to the Reserved Rights and
Permitted Uses as specified in Sections 3.02 and 3.03 below. Without limiting the generality of
the foregoing, the following activities and uses are expressly prohibited:
(a) Except as provided in Section 3.03 below, the change, disturbance, alteration, or
impairment of the relatively natural habitat for plants, wildlife, or similar ecosystems within
or upon the Protected Property.
(b) Any Commercial or Agricultural Uses of the Protected Property.
(c) Except as provided in section 3.03 below, any private or public gathering or event,
including but not limited to, festivals, fairs, concerts, markets, within or upon the Protected
Property.
(d) Except as provided in Section 3.03 below, the Construction and/or placement of any
structure or Improvement, including but not limited to, a building, dwelling, office, mobile
home, tent, asphalt, concrete pavement, any portion of a septic system, tennis court or other
recreational court, swimming pool, dock, aircraft landing strip, tower, Utility Improvement,
antenna, underground utilities, conduit, line, lighting, billboard or other advertising display, _
or any other temporary or permanent structure or facility.
(e) The conveyance of leases, easements, and rights -of -ways without first obtaining the
express written consent of Holder, which may be withheld by Holder for any reason.
(f) Except as provided in Section 3.03 below, the Construction of roadways.
(g) The erection, Construction, installation, relocation or use of any lighting which
interferes with wildlife on the Protected Property or with landowners or visitors within the
scenic viewscape of the Protected Property.
(h) Except as provided in Section 3.03 below, the placement of any camping, resting or
gathering structure, including but not limited to, a tent, umbrella, tarp, hammock, lean to,
shed, shelter, recreational vehicle or any other temporary or permanent camping, resting or
gathering structure or facility.
(i) The Construction, placement or use of any temporary or permanent cooking or fire
structure, including but not limited to, campfires, fire pits, fire circles, cooking grills, gas
stoves or portable cooking stoves.
0) The introduction of fire to the Protected Property unless part of a Habitat
Management Plan as described in Section 3.03 below.
(k) The division, subdivision, partitioning or de facto subdivision of the Protected
Property into two or more parcels of land or separate interests, or conveyance of individual
tracts separately from one another.
(1) Except as provided in Section 3.03 below, the ditching, draining, diking, filling,
manipulation, diversion or otherwise changing of the topography or surface hydrology of the
Protected Property in any manner.
(m) Any use that would increase or substantially add to the risk of erosion as
determined by historical and current scientific literature.
(n) The exploration for, or extraction of, minerals, oil, gas, or other hydrocarbons, soils,
sands, gravel, rock, field stone or other materials on or below the surface of the Protected
Property.
(o) The transfer, encumbrance, lease, sale or other separation of the minerals, oil, gas, or
other hydrocarbons, soils, sands, gravel, rock, field stone or other materials from the
Protected Property.
(p) The transfer, encumbrance, lease, sale or other separation of the water rights on the
Protected Property,
(c) The removal, harvesting, destruction or cutting of Native Species of vegetation
unless in accordance with a Habitat Management Plan as described in Section 3.03 below.
(r) Except as provided in Section 3.03 below, the introduction of Non -Native Species of
vegetation and/or animals to the Protected Property.
(s) The gathering, displacement, and/or removal of firewood, rocks, fossils, artifacts,
plants, wildflowers, fungi, leaves, animals, insects or other living or non -living things,
remains or specimens, unless in accordance with a Habitat Management Plan or approved
research or educational program, as provided in Sections 3.03 and 4.03 below.
(t) The application of chemicals including but not limited to herbicides, biocides,
pesticides, insecticides, fungicides, rodenticides and fertilizers, unless in accordance with a
Habitat Management Plan as described in Section 3.03 below.
(u) The storage or dumping of ashes, litter, trash, garbage, human or pet waste, solid
waste or other unsightly or offensive material, hazardous or petroleum substance, hazardous
or toxic waste, nor any placement of aboveground or underground storage tanks in, on, or
under the Protected Property.
(v) Except as provided in Section 3.03 below, the pollution, alteration, depletion or
extraction of surface water, natural water courses, lakes, ponds, seeps, springs, ground or
subsurface water or any other water bodies, within or upon the Protected Property, nor shall
activities be conducted 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, under or over the
Protected Property.
(w) Except as provided in Section 3.03 below, the use of motorized or recreational
vehicles, including but not limited to, the operation of snowmobiles, dune buggies,
motorcycles, all -terrain or off-road vehicles, hang gliders, aircraft, jet skis, motorized boats
or any other types of mechanized vehicles.
(z) 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 transferrable development rights, scheme cluster
development arrangement or otherwise.
3.02 Reserved Rights of Grantor
Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns of the
Protected Property (each of which shall be "Grantor" within the meaning of this paragraph), all
rights accruing from its Ownership of the Protected Property not otherwise conflicting with the
terms of this Easement, including the right to engage in, permit or invite others to engage in all
uses of the Protected Property that are not expressly prohibited herein and are not inconsistent
with the Conservation Purposes of this Conservation Easement, including without limitation the
rights and permitted uses set forth below:
(a) Public Use and Access. Grantor reserves the right to allow public access and use of
the Protected Property subject to the restrictions outlined by this Conservation Easement for
the purpose of permitted outdoor recreational activities and educational outreach to enhance
the quality of life.
(b) Existing Uses. Grantor may undertake or continue any activity not prohibited by this
Conservation Easement. Prior to making any change in the use of the Protected Property, the
Grantor shall Notify Holder in writing to allow Holder a reasonable opportunity to determine
whether such change would violate the terms of this Conservation Easement.
3.03 Permitted Uses
The parties agree that the following uses of the Protected Property are permitted, as specified
below:
(a) Special Events. Subject to Review by Holder as specified in Section 4.04 below, the
Grantor may permit or host special events by specific groups and by city permit only of short
duration within the Protected Property, including organized bike races, trail runs, bio -blitzes
and camping outings, so long as such events do not substantially diminish or impair the
Conservation Values of the Protected Property. Special Events may include the temporary
use of service vehicles, cooking grills or bonfires, temporary tents, shade structures, and
toilet and refreshment areas.
(b) Structures. Subject to Review by Holder as specified in Section 4.04 below, the
Grantor may construct, maintain, repair, remove or replace any of the following, provided
that the structure is of a reasonably limited footprint, is architecturally consistent with the
natural setting of the Protected Property, does not pose a threat to sensitive species or
ecologically sensitive habitats, and is in accordance with local, state, and federal laws. Any
area of the Protected Property disturbed in the process of Construction must be restored to a
natural condition promptly after completion to ensure that the activity does not substantially
diminish or impair the Conservation Values.
(i) Pavilion. One (1) open-air pavilion.
(ii) Additional Structures. Holder may adjust structure limit to accommodate
specific recommendations that are made through the Public Park Planning Process as
specified in Section 3.04 in keeping with the spirit and intent of this Conservation
Easement.
(iii) Wildlife Viewing and Habitat Structures. A reasonable and necessary number
of raised walkways, wildlife viewing platforms, bird blinds, and habitat enhancement
devices such as bat boxes, bird houses.
(c) Trails. As shall be identified in the master trail plan (the "Master Trail Plan"),
which may be reviewed and updated subject to approval through the Public Park Planning
Process as specified in Section 3.04, the Grantor may construct, install, maintain and repair
any one or more of the items as described in paragraphs i -vii of this section, including
mowing, cutting or removal of soil, rock or vegetation, so long as improvements do not pose
a threat to sensitive species or ecologically sensitive habitats. These activities may include
vehicular use.
(i) Trail Uses. Trails may be used for walking, hiking, jogging, bicycling, bird
watching and nature study.
(ii) Trail Width. Trails shall be no more than four (4) feet in width where possible
and in no case should exceed six (6) feet in width together with steps, railings, features
and other surface structures which, as to Wet Areas, may include bridges and culverts
(collectively, "Trails").
(iii) Trail Design. Trails shall be constructed and maintained in accordance with
then -current, generally accepted Best Management Practices for the sites, soils,
hydrology, habitats and terrain of the Protected Property.
(iv) Trail Location. The location and density of trails shall be planned in a manner
consistent with the preservation of the natural integrity of the Protected Property,
including avoidance of impact to ecologically significant areas and species of special
conservation concern.
(v) Trail Covering. All trails will be natural surface and may be covered, if at all, by
wood chips, gravel, or any other porous surface so as to blend with the natural
surroundings and not to enhance stormwater runoff. Notwithstanding the foregoing
restrictions, specific segments of the trails more particularly identified in the master
trail plan (the "Master Trail Plan"), shall be permitted to be paved as more
particularly set forth in the Master Trail Plan and shall be subject to the following
requirements: (1) the exact routing of any paved trail(s) shall be approved by Holder,
(2) the maximum trail width for any paved sections shall be no more than 20 feet,
including any abutting mowed shoulders and edges, and (3) pervious pavement is
encouraged where suitable for any such paved portions of the trail(s).
(vi) Trail Signage. Trails may include signs to mark the trail, to provide information
regarding restrictions, and for interpretive purposes. Signage shall be unobtrusive in
nature and planned with the express goal of minimizing impact to the vistas and Open
Space nature of the Protected Property.
(vii) Trail Facilities. Trails may include benches, picnic tables, wastebaskets and
bicycle racks, as may be deemed necessary. The design, location and density of trail
facilities shall be architecturally consistent with the natural setting of the Protected
Property and planned with the express goal of minimizing impact to ecologically
significant areas and species of special concern, and ensuring the vistas and Open
Space nature of the Protected Property.
(d) Road Construction. Subject to Review by Holder as specified in section 4.04 below,
maintenance and emergency Access Drives may hereafter be constructed where reasonably
necessary to provide access for maintenance and emergency personnel only. Such Access
Drives on the Protected Property:
(i) Shall be limited to the minimum number, width and length necessary to provide
access for permitted purposes.
(ii) Shall follow the general contour of the natural terrain where possible and shall be
designed with extreme care and concern for the natural integrity of the Protected
Property, particularly the avoidance of ecologically significant areas.
(iii) Shall be gated and posted to prevent unauthorized access.
(iv) Shall be planned to maximize the ability of the road to be reclaimed and returned
to a natural state when it is no longer required or needed.
(e) Fences. Existing fences may be repaired and replaced, and new fences may be built,
on the Protected Property for purposes of reasonable and customary access control and
protection of resources, provided that fencing does not substantially diminish or impair the
Conservation Values, including aesthetic and scenic values, of the Protected Property, and
does not exclude or restrict wildlife movement on or off of the Protected Property.
(f) Stream Restoration Construction and Repairs. Subject to Review by Holder as
specified in Section 4.04 below, the Grantor may carry out stream restoration activities
including, excavation, fill, rock structures, tree and vegetation establishment, erosion control,
and natural channel Construction and repairs as needed, through or under the guidance of a
qualified stream restoration expert.
(g) Service Vehicles. Grantor may use, or permit the use of, service vehicles and
motorized equipment, including motorized recreational vehicles, on the Protected Property
provided that:
(i) The use of such vehicles is reasonable and necessary for maintenance and/or
emergency access to the Protected Property, or for providing access to people with
disabilities.
(ii) The permission afforded by Grantor consists of short-term license and is not a
right-of-way, easement, or other permanent legal interest.
(iii) Vehicles take care to avoid ecologically significant areas and species of special
conservation concern on the Protected Property.
(h) Habitat Management. Grantor reserves the right to conduct habitat management
activities subject to federal, state and local regulations and the specific terms and conditions
of the Conservation Easement, and shall be conducted in accordance with the following
provisions:
(i) Ten Year Habitat Management Plan. All habitat management activities shall be
conducted in accordance with a written plan (a "Habitat Management Plan") subject
to review and approval by Grantor. The Habitat Management Plan shall be prepared
9
by a Qualified Preparer prior to any treatment activities, and should, if possible, be
reviewed and updated at least every ten years. Grantor is not required to fund the
Habitat Management Plan. The Habitat Management Plan shall include, at a minimum,
the following:
1) Goals and objectives of the Grantor, consistent with the purposes and
terms of the Conservation Easement.
2) Identification and mapped location of significant habitat types, species of
special conservation concern, and natural and physical features of the Protected
Property.
3) A description of the current and desired natural condition and threats to
each habitat type.
4) A description of contemplated management plans and proposed access
plan for each habitat type.
5) A description of foreseeable situations in which chemical application will
be recommended, including the type, amount, method of application, and
recommended limitations to protect water quality and sensitive species.
6) A description of recommended Soil Conservation Plan; erosion control
and reclamation practices to ensure soil stabilization and to maintain the scenic
quality of the Protected Property.
(a) Cutting and Clearing of Trees. Grantor may engage in the following non-
commercial Forestry practices:
(i) The cutting and removal of Non -Native Species, invasive, or diseased trees,
shrubs that may endanger public safety or need to be removed to ensure the health of
other trees or ecological attributes of the Protected Property, and these activities may
involve the temporary introduction of goats.
(ii) ,subject to Review by Holder as specified in Section 4.04 below, the cutting of
firebreaks, except that such approval shall not be required in the case of emergency
firebreaks.
3.04 Public Park Planning Process
Before undertaking any Construction, or Additional Improvements, aside from minor
improvements and repairs, and as specified for any reserved right or exception to a prohibited
use that will disrupt the surface of the Protected Property, Grantor shall engage in a public park
planning process (a "Public Park Planning Process") to address the specific Construction or
Additional Improvement or other surface disruption that is contemplated to be undertaken on the
Protected Property. This Public Park Planning Process shall include Holder or its designated
representative, with Grantor providing specific Notice to Holder, as specified in Section 4.04
below, of the hearing no less than thirty (30) days in advance of said hearing.
3.05 Permitted Uses Within Minimal Protection Area
As demonstrated in Exhibits "A" and "B", a buffer zone (the "Minimal Protection Area")
exists on the Protected Property pursuant to the establishment of the Regional Park. The
following activities and uses are permitted within the Minimal Protection Area:
10
(a) Activities and uses permitted under preceding sections of this Article are permitted with
the Minimal Protection Area. Introduction of Invasive Species remains prohibited.
(b) Disturbances of resources within the Minimal Protection Area are permitted for
purposes reasonably related to the development, maintenance and use of the Regional Park so
long as those activities do not further encroach outside of the Minimal Protection Area,
ARTICLE IV.
RIGHTS AND DUTIES OF GRANTEE
4.01 Grant to Holder
(a) Grant in Perpetuity. By signing this Grant and unconditionally delivering it to Holder,
the Grantor, intending to be legally bound, grants and conveys to Holder a Conservation
Easement over the Protected Property in perpetuity for the purpose of advancing the
Conservation Purposes and administering and enforcing the restrictions and limitations set
forth in Articles II and III. The parties agree that this Conservation Easement and the
covenants, conditions, and restrictions set forth herein shall run with the land and be binding
upon each of their respective successors, assigns, grantees, and lessees.
(b) Superior to all Liens. The Grantor represents and warrants to Holder that the Protected
Property is, as of the Easement Date, free and clear of all Liens or, if it is not, that Grantor
has obtained and recorded in the Public Records the legally binding and recorded
subordination of any Liens affecting the Protected Property as of the Easement Date.
Grantor hereby agrees that it shall not further encumber the Protected Property with any
Liens or encumbrances without obtaining a) prior written consent from Holder in Holder's
sole discretion in accordance with the Notice provisions set forth in Section 6.01 hereof, and
b) a subordination agreement meeting the requirements of Holder that subordinates the Lien
or encumbrance to the terms and conditions of this Easement.
4.02 Rights and Duties of Holder
The items set forth below are both rights and duties vested in Holder by this Conservation
Easement:
(a) Protect in Perpetuity. To protect the Conservation Values of the Protected Property in
perpetuity.
(b) Entry. To enter the Protected Property without notice, and, if necessary, across other
adjacent lands retained by the Grantor, for the purposes of exercising the rights and duties
herein.
(e) Inspection. To inspect the Protected Property for compliance with the requirements of
this Conservation Easement and any suspected, alleged or threatened violation.
(d) Enforcement. To enforce the terms of this Conservation Easement by exercising
Holder's remedies in Article V.
(e) Review. To exercise rights of Review and approval in accordance with the
requirements of this Conservation Easement.
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(f) Interpretation. To interpret the terms of this Conservation Easement and, at the
request of Grantor, furnish Holder's explanation of the application of such terms to then -
existing, proposed or reasonably foreseeable conditions within the Protected Property.
4.03 Other Rights of Holder
The items set forth below are also rights vested in Holder by this Conservation Easement;
however, Holder, in its discretion, may or may not exercise them:
(a) Amendment. To enter into an Amendment with Grantor if Holder determines that the
Amendment is consistent with and in furtherance of the Conservation Purposes, will not
result in any private benefit prohibited under the Code, and otherwise conforms to Holder's
policy with respect to Amendments.
(b) Signs. To place one or more signs within the Protected Property identifying it as a
Conservation Easement protected by the Holder. Signs are to be of the customary size
installed by Holder and must be installed in locations reasonably acceptable to Grantor.
(c) Proceedings. To assert a claim, defend or intervene in, or appeal, any proceeding under
Applicable Law that pertains to the impairment of the Conservation Values of the Protected
Property or may result in a transfer, Improvement or use that violates the terms of this
Conservation Easement.
(d) Biological Monitoring. To monitor the condition of any plant and/or animal
populations, communities, natural habitats, restored areas and natural features on the
Protected Property, including non -intrusive scientific studies and taking of samples for such
purposes,
(e) Habitat Maintenance. With the express written consent of Grantor, Holder may
manage or repair the condition of any plant and/or animal populations, communities, natural
habitats, restored areas and natural features on the Protected Property to ensure their
continued presence, functionality and viability. This description does not preclude Holder
from exercising rights and remedies as specified under Article V.
4.04 Review
The following provisions are incorporated into any provision of this Conservation Easement that
is subject to Review by Holder:
(a) Notice to Holder. Not less than twenty-one (21) days before Grantor begins or allows
any Construction, Improvement, activity or use that is contrary to this Easement in any way
or is subject to Review by Holder, Grantor must Notify Holder as specified in Section 6.01
below of the change including with the Notice such information as is reasonably sufficient to
comply with Review Requirements and otherwise describe the change and its potential
impact on the natural resources within the Protected Property.
(b) Notice to Grantor. Within fifteen (15) days after receipt of Grantors' Notice, Holder
must Notify Grantor as specified in Section 6.01 below of Holder's determination to (i)
accept Grantors' proposal in whole or in part; (ii) reject Grantors' proposal in whole or in
part; (iii) accept Grantors' proposal conditioned upon compliance with conditions imposed
by Holder; or (iv) reject Grantors' Notice for insufficiency of information on which to base a
determination. If Holder gives conditional acceptance under clause (iii), commencement of
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the proposed Construction, Improvement, activity or use constitutes acceptance by Grantor of
all conditions set forth in Holder's Notice.
(c) Failure to Notify. If Holder fails to Notify Grantor as required in the preceding
subsection (b), the proposal set forth in Grantors' Notice is deemed approved.
(d) Standard of Review. Except when specifically stated to the contrary as set forth
herein, Holder's approval of items subject to Review is not to be unreasonably withheld. It is
not unreasonable for Holder to disapprove a proposal that it determines, in its sole discretion,
may adversely affect natural resources described in the Conservation Purposes or that is
otherwise inconsistent with maintenance or attainment of Conservation Purposes. Approval
of appropriate proposals keeping with the spirit and intent of the Conservation Easement
shall not be unreasonably withheld.
4.05 Reimbursement
Other than costs incurred monitoring compliance with this Easement in the ordinary course,
Grantor must reimburse Holder for the costs and expenses of Holder reasonably incurred in the
course of performing its duties with respect to this Conservation Easement other than monitoring
in the ordinary course, such as but not limited to, requests by Grantor for Amendment, or
requests by Grantor for Holder to intercede in a proceeding affecting the Protected Property.
These costs and expenses include the allocated costs of employees of Holder. Grantor is not
responsible to reimburse costs and expenses arising from Holder's response to an inquiry or
request by a Person other than Grantor without Grantors' approval. Holder must obtain approval
prior to incurring any expense expected to be paid for by the Grantor. Approval of expenditure is
dependent upon a formal agreement.
ARTICLE V.
VIOLATION; REMEDIES
5.01 Breach of Duty
If Holder fails to enforce the terms of this Conservation Easement, or ceases to qualify as a
Qualified Organization, then the Conservation Easement may be transferred to another Qualified
Organization. Such transfer shall be subject to the review and approval of Grantor.
5.02 Violation
If Holder determines that the terms of this Conservation Easement are being or have been
violated or that a violation is threatened or inuninent then the provisions of this section will
apply:
(a) Notice. Holder must Notify Grantor of any violation. Holder's Notice may include its
recommendations of measures to be taken by Grantor to cure the violation and restore
features of the Protected Property damaged or altered as a result of the violation.
13
(b) Opportunity to Cure. Grantors' cure period expires thirty (30) days after the date of
Holder's Notice to Grantor subject to extension for the time reasonably necessary to cure but
only if all of the following conditions are satisfied:
(i) Grantor ceases the activity constituting the violation promptly upon receipt of
Holder's Notice;
(ii) Grantor and Holder agree, within the initial thirty (30) day period, upon the
measures Grantor will take to cure the violation;
(iii) Grantor commences to cure within the initial thirty (30) day period; and
(iv) Grantor continues thereafter to use best efforts and due diligence to complete the
agreed upon cure.
(c) Imminent Harm. No Notice or cure period is required if circumstances require prompt
action to prevent or mitigate irreparable harm or alteration to any natural resource or other
feature of the Protected Property described in the Conservation Purposes.
5.03 Remedies
Upon expiration of the cure period (if any) described in the preceding section, Holder may do
any one or more of the following:
(a) Injunctive Relief. Seek injunctive relief to specifically enforce the terms of this
Conservation Easement; to restrain present or future violations of the terms of this
Conservation Easement; and/or to compel restoration of resources destroyed or altered as a
result of the violation.
(b) Civil Action. Recover from Grantor or other Persons responsible for the violation all
sums owing to Holder under applicable provisions of this Conservation Easement together
with interest thereon from the date due at the Default Rate. These monetary obligations
include, among others, Losses and Litigation Expenses.
(c) Self -Help. Enter the Protected Property to prevent or mitigate further damage to or
alteration of natural resources of the Protected Property identified in the Conservation
Purposes.
5.04 Modification or Termination
If the Conservation Easement is or is about to be modified or terminated by exercise of the
power of eminent domain (condemnation) or adjudication of a court of competent jurisdiction
sought by a Person other than Holder the following provisions apply:
(a) Compensatory Damages. Holder is entitled to collect from the Person seeking the
modification or termination, compensatory damages in an amount equal to the increase in
Market Value of the Protected Property resulting from the modification or termination plus
reimbursement of Litigation Expenses as if a violation had occurred.
14
(b) Restitution. Holder is entitled to recover from the Person seeking the modification or
termination, (i) restitution of amounts paid for this Conservation Easement (if any) and any
other sums invested in the Protected Property for the benefit of the public as a result of rights
vested by this Conservation Easement plus (ii) reimbursement of Litigation Expenses as if a
violation had occurred.
5.05 Remedies Cumulative
The description of Holder's remedies in this Article does not preclude Holder from exercising
any other right or remedy that may at any time be available to Holder under this Article or
Applicable Law. If Holder chooses to exercise one remedy, Holder may nevertheless choose to
exercise any one or more of the other rights or remedies available to Holder at the same time or
at any other time.
5.06 No Waiver
If Holder does not exercise any right or remedy when it is available to Holder, that is not to be
interpreted as a Waiver of any non-compliance with the terms of this Conservation Easement or
a Waiver of Holder's rights to exercise its rights or remedies at another time.
5.07 No Fault of Grantor
Holder will waive its right to reimbursement under this Article as to Grantor (but not other
Persons who may be responsible for the violation) if Holder determines in its sole discretion that
the violation was not the fault of Grantor and could not have been anticipated or prevented by
Grantor by reasonable means.
ARTICLE VI.
MISCELLANEOUS
6.01 Notices
(a) Requirements. Each Person giving any notice pursuant to this Conservation Easement
(a "Notice") must give the Notice in writing and must use one of the following methods of
delivery: (i) personal delivery; (ii) electronic mail with written confirmation of receipt; (iii)
certified mail, return receipt requested and postage prepaid; or (iv) nationally recognized
overnight courier, with all fees prepaid. Each time the term "Notify" is used herein, it shall
be deemed to refer to sending a Notice in accordance with this Article VI.
(b) Address for Notices. Each Person giving a Notice must address the Notice to the
appropriate Person at the receiving party at the address listed below or to another address
designated by that Person by Notice to the other Person:
If to Grantor: City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
If to Holder: Northwest Arkansas Land Trust
P.O. Box 2211
Bentonville, AR 72712
15
6.02 Governing Law
The laws of the State of Arkansas govern this Conservation Easement.
6.03 Assignment and Transfer
Neither Grantor nor Holder may assign or otherwise transfer any of their respective rights or
duties under this Conservation Easement voluntarily or involuntarily, whether by merger,
consolidation, dissolution, operation of law or any other manner except as permitted below. Any
purported assignment or transfer in violation of this section is void.
(a) By Holder. Holder may assign its rights and duties under this Conservation Easement,
either in whole or in part, but only to a Qualified Organization, subject to review and
approval of Grantor, that executes and records in the Public Records a written agreement
assuming the obligations of Holder under this Conservation Easement. The Holder must
notify Grantor within 30 -days prior to the assignment of the identity and address of the
Qualified Organization who has agreed to assume the obligation of the Holder under this
Conservation Easement. The assigning Holder must deliver the Baseline Documentation
Report to the assignee Holder as of the date of the assignment. Holder must assign its rights
and duties under this Conservation Easement to another Qualified Organization if Holder
becomes the Owner of the Protected Property.
(b) By Grantor. This Conservation Easement vests a servitude running with the land
binding upon the undersigned Owners and, upon recordation in the Public Records, all
subsequent Owners of the Protected Property or any portion of the Protected Property are
bound by its terms whether or not the Owners had actual notice of this Conservation
Easement and whether or not the deed of transfer specifically referred to the transfer being
under and subject to this Conservation Easement.
6.04 Burdens; Benefits; Exclusive to Holder
Subject to the restrictions on assignment and transfer set forth in the preceding section, this
Conservation Easement binds and benefits Grantor and Holder and their respective personal
representatives, successors and assigns. Only the Holder (or its successors and assigns, as
applicable) has the right to enforce the terms of this Conservation Easement and exercise rights
of Review, Waiver, Amendment or other discretionary rights of Holder.
6.05 Requirement of Writing
No Amendment, Waiver, approval after Review, interpretation or other decision by Holder is
valid or effective unless it is in writing and signed by an authorized signatory for Holder. This
requirement may not be changed by oral agreement. The grant of an Amendment or Waiver in
any instance does not imply that an Amendment or Waiver will be granted in any other instance.
6.06 Severability
If any provision of this Conservation Easement is determined to be invalid, illegal or
unenforceable, the remaining provisions of this Conservation Easement remain valid, binding
and enforceable. To the extent permitted by Applicable Law, the parties waive any provision of
Applicable Law that renders any provision of this Conservation Easement invalid, illegal or
unenforceable in any respect.
16
6.07 Counterparts. This Conservation Easement may be signed in multiple counterparts,
each of which constitutes an original, and all of which, collectively, constitute only one
document.
6.08 Guides to Interpretation
(a) Captions. Except for the identification of defined terms in the Glossary, the descriptive
headings of the articles, sections and subsections of this Conservation Easement are for
convenience only and do not constitute a part of this Conservation Easement.
(b) Glossary. If any term defined in the Glossary is not used in this Conservation
Easement, the defined term is to be disregarded as surplus material.
(c) Other Terms
(i) The word "including" means "including but not limited to".
(ii) The word "must" is obligatory; the word "may" is permissive and does not imply
any obligation.
(d) Conservation Easements Act. This Conservation Easement is intended to be
interpreted so as to convey to Holder all of the rights and privileges of a Holder of a
conservation easement under the Conservation Easements Act as set forth in Arkansas Code
Ann. § 15-20-401 et seq.
(e) Restatement (Third) of the Law of Property: Servitudes. This Conservation
Easement is intended to be interpreted so as to convey to Holder all of the rights and
privileges of a Holder of a conservation servitude under the Restatement (Third) of the Law
of Property, to the extent that Arkansas law or other Applicable Law does not provide
sufficient guidance.
6.09 Entire Agreement. This is the entire agreement of Grantor and Holder pertaining to the
subject matter of this Conservation Easement. The terms of this Conservation Easement
supersede in full all statements and writings between Grantor, Holder and others pertaining to
the transaction set forth in this Conservation Easement,
6.10 Incorporation by Reference. Each exhibit attached to this Conservation Easement is
incorporated into this Conservation Easement by this reference. The Baseline Documentation
Report (whether or not attached to this Conservation Easement) is incorporated into this
Conservation Easement by this reference.
ARTICLE VII.
GLOSSARY
7.01 Access Drive(s)
Roads, drives or lanes providing vehicular access to or located within the Protected Property.
7.02 Additional Improvements
All buildings, structures, facilities and other Improvements within the Protected Property,
whether temporary or permanent, other than Existing Improvements.
17
7.03 Agricultural or Agriculture Uses
Any one or more of the following and the leasing of land for any of these purposes:
(a) Farming. Farming activities, including, but not limited to:
(i) Production of vegetables, fruits, seeds, mushrooms, nuts and nursery crops (including
trees) for sale.
(ii) Production of poultry, livestock and their products for sale.
(iii) Production of field crops, hay or pasture.
(iv) Production of sod to be removed and planted elsewhere.
(b) Equestrian. Boarding, stabling, raising, feeding, grazing, exercising, riding and training
horses and instructing riders.
7.04 Amendment
An amendment, modification or supplement to this Grant signed by Owners and Holder and
recorded in the Public Records.
7.05 Applicable Law
Any federal, state or local laws, statutes, Codes, ordinances, standards and Regulations
applicable to the Protected Property, the Conservation Easement or this Grant as amended
through the applicable date of reference. If this Grant is intended to meet the requirements of a
qualified conservation contribution, then applicable provisions of the Code and the Regulations
are also included in the defined term.
7.06 Best Management Practices
A series of guidelines or minimum standards (sometimes referred to as BMP's) recommended by
federal, state and/or county resource management agencies for proper application of Forestry
operations, habitat management, trail Construction, non -point pollution of water resources and
other disturbances of soil, water and vegetative resources and to protect wildlife habitats.
7.07 Code
The Internal Revenue Code of 1986, as amended through the applicable date of reference.
7.08 Commercial Use
The use or leasing of land for purposes designed or used for retail, office or other commercial
use.
7.09 Conservation Easement Act
The Arkansas Conservation Easements Act (A.C.A. § 15-20-401 et seg.) as amended through the
applicable date of reference.
7.10 Construction
Any demolition, Construction, reconstruction, expansion, exterior alteration, installation or
erection of temporary or permanent Improvements; and, whether or not in connection with any
of the foregoing, any excavation, dredging, mining, filling or removal of gravel, soil, rock, sand,
coal, petroleum or other minerals.
18
7.11 Default Rate
An annual rate of interest equal at all times to two percent (2%) above the "prime rate"
announced from time to time in The Wall Street Journal; provided, however, that the Default
Rate shall never exceed the maximum rate allowed under Applicable Law.
7.12 Existing Agreements
Easements and other servitudes affecting the Protected Property prior to the Easement Date that
constitute legally binding servitudes prior in right to the Conservation Easement.
7.13 Existing Improvements
All buildings, structures, facilities and other improvements, whether temporary or permanent,
located on, above or under the Protected Property as of the Easement Date as identified in the
Baseline Documentation Report.
7.14 Forestry
Planting, growing, nurturing, managing and harvesting trees whether for timber and other useful
products or for water quality, wildlife habitat and other Conservation Purposes.
7.15 Impervious Surfaces
Surfaces that impenetrable to water and incapable of supporting vegetation, such as asphalt,
concrete, brick, stone and highly compacted soils. Impervious surfaces seal the soil surface,
preventing rainwater infiltration and natural groundwater recharge, increase rainwater runoff and
the portage of pollutants into nearby waterway, and deprive tree roots of aeration.
7.16 Improvement
Any Existing Improvement or Additional Improvement,
7.17 Indemnified Parties
Holder and its respective members, directors, officers, employees and agents and the heirs,
personal representatives, successors and assigns of each of them.
7.18 Invasive Species
A plant species that is (a) Non -Native (or alien) to the ecosystem under consideration; and/or (b)
whose introduction causes or is likely to cause economic or environmental harm or hann to
human health. In cases of uncertainty, publications are to be used to identify Invasive Species.
7.19 Lien
Any mortgage, lien or other encumbrance securing the payment of money.
7.20 Litigation Expense
Any court filing fee, court cost, arbitration fee or cost, witness fee and each other fee and cost of
investigating and defending or asserting any claim of violation or for indemnification under this
Grant including in each case, attorneys' fees, other professionals' fees and disbursements.
19
7.21 Losses
Any liability, loss, claim, settlement payment, cost and expense, interest, award, judgment,
damages (including punitive damages), diminution in value, fines, fees and penalties or other
charge other than a Litigation Expense,
7.22 Lot
A unit, lot or parcel of real property separated or transferable for separate Ownership or lease
under Applicable Law.
7.23 Market Value
The fair value that a willing buyer, under no compulsion to buy, would pay to a willing seller,
under no compulsion to sell as established by appraisal in accordance with the then -current
edition of Uniform Standards of Professional Appraisal Practice issued by the Appraisal
Foundation or, if applicable, a qualified appraisal in conformity with §1.170A-13 of the
Regulations.
7.24 Native Species
A plant or animal indigenous to the locality under consideration. In cases of uncertainty,
published atlases are to be used to establish whether or not a species is native.
7.25 Non -Native Species
A plant or animal that is not indigenous (alien) to the locality under consideration. In cases of
uncertainty, published atlases are to be used to establish whether or not a species is non-native.
7.26 Open Space
Open Space is any open piece of land that is undeveloped and helps enhance the beauty and
environmental quality of a community.
7.27 Owners/Ownership
The Grantor and all Persons after them who hold a fee simple ownership interest in the Protected
Property.
7.28 Person
An individual, organization, trust, government or other entity.
7.29 Public Records
The public records of the office for the recording of deeds in and for the county in which the
Protected Property is located.
7.30 Qualified Organization
A governmental or non-profit entity that (a) has a perpetual existence; (b) is established as a
public charity for the purpose of preserving and conserving natural resources, natural habitats,
environmentally sensitive areas and other charitable, scientific and educational purposes; (c)
meets the criteria of a qualified organization under the Regulations; and (d) is duly authorized to
acquire and hold conservation easements under Applicable Law.
20
7.31 Qualified Preparer
A resource management professional with educational background and experience related to the
management of natural lands.
7.32 Regulations
The provisions of C.F.R. §1.170A-14, and any other regulations promulgated under the Code
that pertain to qualified conservation contributions, as amended through the applicable date of
reference.
7.33 Habitat Management Plan
A record of the decisions and intentions of Grantor prepared by a qualified resource management
professional for the purpose of protecting natural resources described in the Conservation
Purposes during certain operations potentially affecting natural resources protected by this
Conservation Easement. The Habitat Management Plan (sometimes referred to as the "HMP")
includes a resource assessment, identifies appropriate performance standards (based upon Best
Management Practices where available and appropriate) and projects a multi-year description of
planned activities for identified operations to be conducted in accordance with the plan.
7.34 Review
Review and approval of Holder under the procedure described in Article N.
7.35 Review Requirements
Collectively, any plans, specifications or information required for approval of the activity, use or
Construction under Applicable Law (if any) plus (a) the information required under the Review
Requirements incorporated into this Conservation Easement either as an exhibit or as part of the
Baseline Documentation Report or (b) if the information described in clause (a) is inapplicable,
unavailable or insufficient under the circumstances, the guidelines for Review of submissions
established by Holder as of the applicable date of reference.
7.36 Soil Conservation Plan
A plan for soil conservation and/or sedimentation and erosion control that meets the
requirements of Applicable Law.
7.37 Subdivision
Any division of the Protected Property or any Lot within the Protected Property; and any
creation of a unit, Lot or parcel of real property, including subsurface portions of the Protected
Property, for separate use or Ownership by any means including by lease or by implementing the
condominium form of Ownership.
7.38 Sustainable
Land management practices that provide goods and services from an ecosystem without
degradation of biodiversity and resource values at the site and without a decline in the yield of
goods and services over time.
7.39 Utility Improvements
Improvements for the reception, storage or transmission of potable water, stormwater, sewage,
electricity, gas and telecommunications or other sources of power.
21
7.40 Waiver
A written commitment by which Holder, without any obligation to do so, agrees to refrain from
exercising one or more of its rights and remedies for a specific period of time with respect to a
specific set of circumstances if Holder is satisfied that the accommodation will have no material
effect on Conservation Purposes.
7.41 Wet Areas
Watercourses, springs, wetlands and non -impounded standing water and areas within 100 -feet of
their edge.
7.42 Woodland Areas
Area(s) within the Protected Property described as "wooded" or "forested" in the Baseline
Documentation Report or identified as such on the Habitat Management Plan, or if not wooded
or forested as of the Easement Date, are designated as successional woodland areas on the
Habitat Management Plan.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
Wj
INTENDING TO BE LEGALLY BOUND, each of the Grantor and Holder, by their
respective duly authorized representatives, have signed and delivered this Conservation
Easement as of the Easement Date. This Easement may be executed in multiple counterparts,
which, when taken together, shall constitute a single instrument.
Witness:
Ln'4...
Name: g c5;,r.eA.
TR�.►''fi
�� 4••raaaraC �/
: +gar€TTEVILLE N
R
GRANTOR:
CITY
By:
Name:
Title:
'�,r,•�y•Q ��.�` ACKNOWLEDGEMENT
► ", 11 111000
STATE OF ARKANSAS )
) ss
COUNTY OF WASHINGTON )
On this day before me, the undersigned Notary Public within and for the County and
State aforesaid, duly commissioned, qualified and acting, appeared the within named
t , who executed the foregoing writing on behalf of the Grantor
hereunder, and stated and acknowledged to me that the he/she was duly authorized in his/her
capacity as _""jP—to execute the foregoing on behalf of the Grantor, and that the
foregoing instrument was executed for the considerations and purposes therein mentioned and
contained, and I hereby so certify.
IN WITNESS WHEREOF I have hereunto set my hand and seal, this the aZ day of
Av 2016.
,,������ LANA Q ►'�r,
My Commission yExP*46-MS1oH •�'�r��f.
NO of Public
74
may;. ai
tic
c .
j�►� ��i►iiUii�+:ii��''+'��s
23
Witnesses:
HOLDER:
NORTHWEST ARKANSAS LAND TRUST
By:::Jl
.,
Tom Oppenheim, 2si nt
ACKNOWLEDGEMENT
.7;
STATE OF ARKANSAS -:,
COUNTY OF WASHINGTON )
On this day before me, the undersigned Notary Public within and for the. -County and
State aforesaid, duly commissioned, qualified and acting, appeared,the within -named Tom
Oppenheim, who executed the foregoing writing as Holder, and acknowledged before me that he
executed the same as President of the Northwest Arkansas Land Trust,in name of and on behalf
of the said entity.
IN WITNESS WHEREOF, I have hereunto set my hand and seal as such Notary Public
on this the day of 10run USS' , 2016.
My Commission Expires: Qrniu.,
L Notary Public
KARLA MILLER
F7_Benton
FY PFY Public-Arka"Os County
11 Iry Cornm#ssion Ex ieies 02-15-2026
r_ornmission # 12347133
24
Washington County, AR
I certify this instrument was filed on
09/09/2016 09:18:08 AM
and recorded in Real Estate
File Number 2 16. 026307
r -
Kyle Sylvester- CGc ' i
1�
by
City of Fayetteville Staff Review Form
2016-0364
Legistar File ID
8/16/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Jeremy Pate 7/29/2016 Development Services
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
A resolution establishing a Conservation Easement as described herein for Kessler Mountain, entering into an
agreement with the Northwest Arkansas Land Trust as the Holder of the easement, and authorizing the Mayor to
sign the attached legal documents necessary to formalize the permanent Conservation Easement.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date: