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Home My WebLink About07-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 07-20 File Number: 2019-0921 BOTANICAL GARDENS OF THE OZARKS: A RESOLUTION TO APPROVE THE CONVEYANCE OF A GENERAL UTILITY EASEMENT TO OZARKS ELECTRIC COOPERATIVE CORPORATION ACROSS A PORTION OF CITY PROPERTY TO SUPPLY ELECTRICITY TO THE NEW OPERATIONS CENTER AT THE BOTANICAL GARDEN OF THE OZARKS WHEREAS, the Botanical Garden of the Ozarks has leased property near Lake Fayetteville from the City since 1993 and now proposes to construct a new 2,800 square foot operations center to facilitate maintenance of their gardens; and WHEREAS, Ozarks Electric Cooperative Corporation requires that a 15 -foot wide easement be provided for the establishment of the primary power supply to the operations center. 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 execute the General Utility Easement attached to this Resolution in favor of Ozarks Electrical Cooperative Corporation for the purpose of supplying electricity to the new operations center at the Botanical Garden of the Ozarks. PASSED and APPROVED on 1/7/2020 Page 1 Printed on 119120 File Number.• 2019-0921 Resolution 07-20 Attest: Kara Paxton, City Clerk Treasurer Page 2 Printed on 119120 City of Fayetteville, Arkansas -,J Text File File Number: 2019-0921 Agenda Date: 1/7/2020 Version: 1 In Control: City Council Meeting Agenda Number: A. 8 BOTANICAL GARDENS OF THE OZARKS: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Resolution A RESOLUTION TO APPROVE THE CONVEYANCE OF A GENERAL UTILITY EASEMENT TO OZARKS ELECTRIC COOPERATIVE CORPORATION ACROSS A PORTION OF CITY PROPERTY TO SUPPLY ELECTRICITY TO THE NEW OPERATIONS CENTER AT THE BOTANICAL GARDEN OF THE OZARKS WHEREAS, the Botanical Garden of the Ozarks has leased property near Lake Fayetteville from the City since 1993 and now proposes to construct a new 2,800 square foot operations center to facilitate maintenance of their gardens; and WHEREAS, Ozarks Electric Cooperative Corporation requires that a 15 -foot wide easement be provided for the establishment of the primary power supply to the operations center. 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 execute the General Utility Easement attached to this Resolution in favor of Ozarks Electrical Cooperative Corporation for the purpose of supplying electricity to the new operations center at the Botanical Garden of the Ozarks. City of Fayetteville, Arkansas Page 1 Printed on 1/8/2020 Ted Jack Submitted By City of Fayetteville Staff Review Form 2019-0921 Legistar File ID 1/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/12/2019 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the establishment of a general utility easement to provide service to the new operations center proposed for construction within the expanded lease area at the Botanical Gardens of the Ozarks. N/A Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget N/A Fund Project Title 0 V20180321 Purchase Order Number: Previous Ordinance or Resolution # See comments below Change Order Number: Approval Date: Original Contract Number: Comments: Ordinance 5968 amending Ordinance 3898, Resolutions 34-73, 166-14, 167-16 CITY OF FAYETTEVILLE ARKANSAS WN '' MEETING OF JANUARY 7, 2020 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Ted Jack, Park Planning Superintendent DATE: December 12, 2019 SUBJECT: Establishment of a general utility easement to provide service to the new operations center proposed for construction within the expanded lease area at the Botanical Gardens of the Ozarks. RECOMMENDATION: Staff recommends approval of the establishment of a general utility easement to provide service to the new operations center proposed for construction within the expanded lease area at the Botanical Gardens of the Ozarks. BACKGROUND: Lake Fayetteville was purchased in 1948 - 1949 to construct Lake Fayetteville as a water supply for the City. The Beaver Water District was established in 1959 by Fayetteville, Springdale, Rogers and Bentonville to provide treated water from Beaver Lake. As a result, the City decided to utilize the 595 acres at Lake Fayetteville for recreational purposes and as a secondary water source for the City. Over the years, the City has designated 260 acres on the north side of the lake as a nature study area, approved a lease agreement with Fayetteville and Springdale Public Schools for 260+ acres for the Lake Fayetteville Environmental Study Center, and approved a lease agreement with the Botanical Garden of the Ozarks for 40 acres on the east side of the lake to establish a botanical garden. In 2017, the Botanical Gardens of the Ozarks (BGO) Board of Directors requested an addition of approximately 1.7± acres on the north side of their current leased area with the intent to construct a 2,800 square foot operations center to facilitate maintenance of their gardens. This requested area fell within the boundary of property leased to the school districts as a nature area. The area was chosen as the site most suitable to conduct maintenance of the gardens and the space is large enough to support future expansion of the garden. This area was accepted and approved by the school districts and the Fayetteville City Council and was established by Ordinance 5968 amending Ordinance 3898. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Since approval of the 1.7 -acre expansion, the BGO Board has been working with McClelland Engineers on the design of the new operations center. The center will require the addition of utilities including a primary power supply which will be provided by Ozarks Electric Cooperative. For this level of service, Ozarks Electric requires that a 15 -foot wide easement be provided for the establishment of the service. This easement has been specified and is described by legal description on the attached "General Utility Easement" document and graphically by Exhibit 'A' attached to the document. The proposed easement will fall entirely within the existing and the amended Botanical Gardens of the Ozarks lease area and will follow the same path as an existing service road that accesses the proposed operations center. The easement will be perpetual until such time as the utilities within this easement are abandoned, the use relinquished, or the easement vacated. BUDGET/STAFF IMPACT: There will be no budget or staff impact associated with this proposal Attachments: Draft general utility easement Utility easement botanical gardens Exhibit `A' Resolution 34-73 Resolution 166-14 Resolution 167-16 Ordinance 3898 Ordinance 5968 Easement Location Map Parcel No. 765-13210-000 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Ozarks Electric Cooperative Corporation, an Arkansas cooperative corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns as well as all other public utilities authorized to operate within the below -described property, a permanent easement for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of general utilities including water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, traffic signal poles and equipment, and appurtenances thereto, but said easement shall not be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. Book 400, Page 328) The Northeast quarter of the Northeast quarter of Section 24, Township 17 North, Range 30 West, and the fractional Northwest quarter of the Northwest quarter of Section 19, Township 17 North, Range Twenty -Nine (29) West, containing 81.27 acres more or less. PERMANENT EASEMENT DESCRIPTION: A Permanent Utility Easement (PUE) across part of the northwest quarter of the northwest quarter (NW/4 NW/4) of Section 19, in Township 17 North, Range 29 West of the 5th Principal Meridian, in the City of Fayetteville, in Washington County, Arkansas, being also part of a tract described in Washington County deed book 400, page 328 (the parent tract), and the said part being more particularly described as follows: Commencing at the southeast corner of the said NW/4 NW/4 of Section 19; thence, along the south line of the NW/4 NW/4, N87°16'10"W 95.53 feet to the west line of Arkansas State Highway 265 as established by AHTD job 4704 (Crossover Road); thence along the west line of Crossover Road for the following courses: NO2°13'40"E 249.59 feet; thence NO3°37'26"E 100.97 feet to the southeast corner of additional right-of-way for Crossover Road as established in Washington County document 2005- 00046722; thence continuing along the west line of Crossover Road for the following courses: N86022'34"W 15.00 feet; thence NO3°37'26"E 459.22 feet; thence leaving the west line of Crossover Road S86°22'34"E 14.09 feet to the PUE Point of Beginning at the west edge of an existing electric transformer structure within the said right-of-way of Crossover Road; thence S12°36'37"W 7.50 feet; thence N77°23'23"W 62.27 feet; thence N08°47'50"E 95.54 feet; thence N69°32'05"W 100.65 feet; thence N80°47'05"W 73.20 feet; thence N47°20'17"W 61.87 feet; thence N58°04'30"W 98.41 feet; thence N31 °55'30"E 15.00 feet; thence S58004'30"E 98.41 feet; thence S53°54'11 "E 32.17 feet; thence N54°16'42"E 8.51 feet; thence S35047'05"E 27.43 feet; thence S80°47'05"E 66.89 feet; thence S69°32'05"E 115.37 feet; thence S24°32'05"E 39.78 feet; thence S69°32'05"E 10.70 feet; thence S20°27'55"W 20.00 feet; thence N69°32'05"W 18.98 feet; thence N24°32'05"W 20.43 feet; thence S08°47'50"W 64.44 feet; thence S77023'23"E 48.24 feet; thence S1 2036'37"W 7.50 feet to the PUE Point of Beginning, enclosing 9,470 square feet, or 0.217 acres, and subject to the existing right-of-way of Crossover Road. A diagram of this permanent utility easement is attached as 'Exhibit "A"' and is to be considered as part of this Easement Document. It is understood that this sketch is descriptive only of the size, shape, and location of the utility easement and does not constitute a plat or survey of the Grantor(s) property. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor reserves to itself the right to fully use and enjoy the said premises including for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above water. Grantor also reserves to itself the right to construct, remove, re -construct, enlarge, maintain, inspect, repair, and operate recreational facilities such as, but not limited to, parks, multi -use trails, playgrounds, seating areas, ball fields, pavilions, parking facilities, trailheads, etc., along with appurtenances thereto. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement; however, this easement cannot be used for above -ground micro - wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. ►1 }l, 120WITNESS the execution hereof on this the �_�—day of a UlU , 2009. CITY QFfAYETTE%gLLE, ARKANSAS ATTEST: s ERK T�4iu Ci o . KARA PAXTON, City Clerk-TreasureSN ; �p << u /V P's .•��`��. ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Kara Paxton, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said City of Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. �w WITNESS my hand and seal on this ("'I, day of -244.3- MY COMMISSION EXPIRES: w /�\ a _ ^ _4 �SPBNNS0�i,�� Notary Public �0 LTi • i • PUB4.�r' BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) 31' 55' 30"E — 15.00' /—S58' 04' 30"E — 98.41' UTILITY EASEMENT BOTANICAL GARDENS E;i; - 9,470 SQ. FT. (0.217 AC.) EXHIBIT "A" MAP 0 30 60 limsi SCALE: V'= 60' S53' 54' WE — 32.17' N54' 16' 42"E — 8.51' ; S35' 47' 05"E — 27.43' NSB; Og.' 98 3 ,/ •�i////// 0' 47 05"E N47' 20' 17"W '%%// / // 61.87' . 6g. / / 3?, N80' 47' 05"W — 73.20' •%%%% N69' 32' 05"W — 100.65' " EVENT HALL N08' 47' 50"E = • 95.54' TRACT 01 765-13210-000 CITY of FAYETTEVILLE (Botanical Gardens of the Ozarks) bk400, pg328 N77* 23' 23"W — .62.27' -S861,22"34"E X34"E 14.09' LEGEND PROPOSED UTIL. EASEMENT 1 f� S24' 32' 05"E X 39.78' S69' 32' 05"E I 10.70' I S20' 27' 55"W 20.00' I N69' 32' 05"W 18.98' N24' 32' 05"W 20.43' S08' 47' 50"W 64.44' S77' 23' 23"E /48.24' 0 ilk MM N�EXISTING ER 4 M N N q 04 ko CJ 6 AV ai � � o � O — — — — EXISTING RIGHT OF WAY LINE PROPOSED TEMP. CONST. ESMT. — — EXISTING PROPERTY LINE — — -- -- — — TAX PARCEL LINE LAND LINE Property Owner: CITY OF FAYETTEVILLE Project Name CITY OF" Drawn by : McClelland Consulting Engineers BOTANICAL GARDENS UTILITY RELOCATIONS FAYETTEVILLE Date: January, 2019 Scale : 1" = 60' PqNo.Revisions DateProject No. 172167 Tract No. 01 bus 34-13 ATTEST: CITY (�YERK APPROVED: ,MAYOR R E S 0 L U T 1 0 N WHEREAS, It is the expressed intent of thetFa'ye'tteville City Board of Directors to develop Lake Fayetteville and the surround- ing City property as a public use area, and WHEREAS, it is intended that the eastern portion -of th6"'La:ke- property be reserved and developed as a nature study area, and IMEREAS, the Fayetteville and Springdale school distric-'ts---- j wish to construct a nature study center on the eastern pbrti6n,'bf',- the Lake property; NOW, THEREFORE, BE IT RESOLVED thai the 2. Board of Directors hereby gives assurance to he school, -d ridts,-.- that the eastern portion of the Lake 'property as shdwn. on Like,:'. Fayetteville Development. Map extending to. Crossdvex Road i4ill--b be reserved in its natural state as 'a nature: study are-a-fdir a :period of at least fifty years, and any struc'.tur`es or otherr-improvements installed by the school districts on thio propexty, Uill' be served and allowed to remain on the property for n,�iure- stuay%--.�,.* purposes for a period of at least fifty years from the'.date. hereof. RESOLVED THIS _L76,_ DAY OF 1973. ATTEST: CITY (�YERK APPROVED: ,MAYOR RESOLUTION NO. 166-14 A RESOLUTION TO APPROVE THE BOTANICAL GARDEN LAND LEASE AGREEMENT W.IT.H THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. WHEREAS, for almost two decades the Botanical Garden Society and the City of Fayetteville have cooperated and worked harmoniously to create and improve the Botanical Gardens of the Ozarks on substantial acreage on the eastern side of Lake Fayetteville Park; and WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden was entered into between the Botanical Garden Society and the City of Fayetteville on September 2, 1997; and WHEREAS, a replacement twenty five year Land Lease Agreement between the City and the Botanical Garden Society was agreed to on September 2, 2003; and WHEREAS, in order to help spur further development of the Botanical Garden and to better serve Fayetteville citizens, the City of Fayetteville entered into a Contract on July 16, 2004 with the Botanical Garden Society in which the City invested $250,000.00 "to construct the entry and grounds infrastructure (driveway, parking, walkways, Great Lawn, etc.)" for the Botanical Garden as well as another $500,000.00 to complete the Carl Totemeier Building; and WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for display gardens and parking which requires ongoing duties of public availability, nondiscrimination, maintenance, etc. for the Botanical Garden Society; and WHEREAS, the parties now wish to modify the leased premises and other provisions of the lease by entering into a new Land Lease Agreement to replace the existing Land Lease Agreement of 2003; and WHEREAS, by their execution of this Land Lease Agreement, the parties wish to express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master Plan including the plan for the City to build a new parking lot designated and devoted for City trail users between the Southeast corner of the premises and Highway 265. 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 approves and agrees to the Botanical Garden Land Lease Agreement attached to this Resolution and authorizes Mayor .lordan to sign this :Lease Agreement. Page 2 Resolution No. 166-14 PASSED and APPROVED this 2nd day of September, 2014. APPROVED: By A'T'TT STv SONDRA E. SMITH, City Clerk/Tfcasurer TR�,S, 1 r� �•`_i Gil Y 0. 'U, I'f1YF`ITfVI(,li.' KA tI 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 167-16 File Number: 2016-0414 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE. WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. 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 approves a lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. PASSED and APPROVED on 9/20/2016 Y of - =v; FAYET(EVIi.1E; .� Attest: :,vs 9'QkAN`�P J Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 9/21/16 ORDINANCE NO. 3 $ 98 MYCROFILMED AN ORDINANCE RESERVING AND MAINTAINING THE EASTERN PORTION OF LAKE FAYETTEVILLE IN ITS NATURAL. STATE, AND PRESERVING AND ALLOWING CERTAIN CURRENTLY INSTALLED STRUCTURES TO REMAIN ON THE PROPERTY FOR NATURE STUDY PURPOSES. WHEREAS, it is the expressed 'intent of the Fayetteville City -Council to maintain Lake Fayetteville and the surrounding city property as a public use area; ani, WHEREAS, it is the desire of the people of Fayetteville to reserve and maintain the eastern portion of the lake property as a nature study area; and, WHEREAS, the Arkansas Natural Heritage Commission has placed the study center on its Registry of Natural Areas; and, WHEREAS, The Fayetteville and Springdale school districts have constructed a nature study center on the eastern portion of the lake property and have committed to a sustaining investment in facilities and faculty; and, WHEREAS, the Nature Study Center provides an opportunity to increase the educational program for students for environmental concerns and increases the environmental awareness of the general public. NOW, THEREFORE, BE IT ORDAINED J3Y THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. , That the eastern portion of the Lake Fayetteville property, shown in Exhibit "A" and made a part hereof, is reserved and is to be maintained in its natural state. . Section 2. Be it further ordained that any structures or other improvements currently installed by the school districts on this property will be preserved and allowed to remain on the property for nature study purposes for a period of at least fifty years from the date of enactment of this ordinance. PASSED AND APPROVED this )n4 day of lune 1995. ATTEST: Traci Paul, City Clerk APPROV 13y: Fred Hanna, Mayor W Ordinance: 5968 File Number: 2017-0194 AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS AGREEMENT: AN ORDINANCE TO AMEND ORDINANCE 3898 BY REMOVING APPROXIMATELY 1.7 ACRES FROM THE LAKE FAYETTEVILLE NATURE STUDY CENTER RESERVE, TO APPROVE AN AMENDMENT TO THE JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT TO REFLECT THE REMOVAL OF THE 1.7 ACRES, TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN LAND LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. TO ADD APPROXIMATELY 1.7 ACRES TO THE LEASED PREMISES, AND TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN OF THE OZARKS MASTER PLAN TO ADD AN OPERATIONS CENTER ON THE ADDITIONAL ACREAGE WHEREAS, on June 20, 1995, the City Council passed Ordinance 3898 to reserve and maintain more than 260 acres on the eastern end of Lake Fayetteville for nature study purposes for the benefit of Fayetteville residents as well as the Fayetteville and Springdale school districts which had jointly constructed a nature study center on the property; and WHEREAS, the Botanical Garden Society of the Ozarks, Inc. has identified a parcel of land approximately 1.7 acres in size adjacent to its leased premises that is currently within the nature study reserve on which it wants to construct an Operations Center to facilitate the maintenance of existing and future gardens; and WHEREAS, the Springdale School District and Fayetteville School District have agreed to the proposal to amend Ordinance 3898 and reduce the nature study enter reserve by approximately 1.7 acres, and the Fayetteville School District has also agreed to amend its Joint Lease Agreement with the City that covers portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 4119117 Ordinance: 5968 File Number 2017-0194 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 3898 to remove approximately 1.7 acres from the Lake Fayetteville Nature Study Center Reserve as shown on the map attached to the Parks and Recreation Department's Agenda Memo as Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment #1 to the Joint Lease Agreement with the Fayetteville School District to remove approximately 1.7 acres from the leased premises. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment #1 to the Botanical Garden Land Lease Agreement with the Botanical Garden Society of the Ozarks, Inc. by adding approximately 1.7 acres to the leased premises and further approves an amendment to the Botanical Garden of the Ozarks Master Plan to add an Operations Center to the additional acreage. PASSED and APPROVED on 4/18/2017 Attest: Sondra E. Smith, City Clerk''r,e;MTqr._ Page 2 Printed on 4119117 TRY �- �9 �� °�' �' d .*1Aa '�� i r' • cam- �� ' } � �, �$;) n{ cm = '� -�c 4 Al k x _, .> `y v rip •; Ln d'lFm i r 77 SNHOf <f �" +a l7 O Af #.�IDy lu Ln W M O z R;� AS N F d s 4 w * r v14 �. oazn'dssaa�s'' m3noss(DmO 24 t Pq W LL Syl K "'/t ll Al Air Pq W LL Syl K "'/t ll Al *4414 �. ryp .1 r p i. ... g4 Pq W LL