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HomeMy WebLinkAbout44-11 RESOLUTIONRESOLUTION NO. 44-11 A RESOLUTION APPROVING A LEASE CONTRACT WITH WILLIAM KEITH SHOFNER, JR. ON 82.55 ACRES OF LAND ADJACENT TO LAKE SEQUOYAH FOR PURPOSES OF PASTURING CATTLE AND HORSES, AND CUTTING AND BALING HAY 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 contract with William Keith Shofner, Jr., a copy of which is attached as Exhibit "A", concerning 82.55 acres of land described therein adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. PASSED and APPROVED this 15th day of March, 2011. APPROVED: ATTEST: /VhfObk) SON RA E. SMITH, City Clerk/Treasurer „ ° :1Y 0:4," .(4% c<'S. c): s :FAYETTEVILLE: ... d'•./11/G70; .... City of Fayetteville Lake Sequoyah Lease Agreement 164 This Agreement executed this — day of a/tejk- , 2011, between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called the City" and William Keith Shofner, Jr., hereinafter called "Mr. Shofner". This agreement is for approximately 82.55 acres of unused land adjacent to Lake Sequoyah. Whereas, Mr. Shofner is the owner of approximately 40 acres of and which adjoins land owned by the City adjacent to Lake Sequoyah; and Whereas, Mr. Shofner currently retains a lifetime lease on approximately 169.8 acres of land from the City, as a result of the original construction of Lake Sequoyah; and Whereas, the aforementioned 82.55 acres of land owned by the City is adjacent to the 169.8 acres of land under the lifetime lease of Mr. Shofner and is essential for access to the leased property; and Whereas, illegal activity including poaching, four wheeling, discharge of firearms, boat launching, and fishing has been deterred under the prior 10 year agreement; and Whereas, Mr. Shofner is in good standing with the City on existing leased land and the prior 10 year agreement was of great benefit to the City. Now, Therefore, the City and Mr. Shofner hereby agree as follows: 1. The City hereby agrees to allow Mr. Shofner to utilize, the following described property(s) situated in Washington County, Arkansas, described in Exhibit A attached hereto and made a part thereof, 2. The term of this agreement shall be for a period of two (2) years commencing on the execution date hereof. However, the agreement may be automatically renewed for eight (8) one (1) year terms upon agreement by both the City and Mr. Shofner. Provided, the City may terminate this agreement at any time for all or any portion of the demised premises by giving Mr. Shofner ninety (90) days written notice by regular mail at Mr. Shofner's regular mailing address if the City determined that said premises are needed for public park purposes. 3. In consideration for the City leasing the demised premises to Mr. Shofner, Mr. Shofner agrees to pay the City $2,000 per year. Payment is to be made by January 1 of each year. 4. Mr. Shofner shall use the demised premises solely to provide pasture for Mr. Shofner's catlle and/or horses and to bale and remove hay. When baled, any hay shall immediately become the property of Mr. Shofner. 5. Mr. Shofner shall fertilize the demised premises so that, upon expiration of this agreement, the demised premises shall be in as good condition as on the execution date hereof. Fertilizer should be applied in accordance to applicable local and states laws. 6. Mr. Shofner shall not remove, nor permit to be removed, any tree on the demised premises. 7. Mr. Shofner shall not hunt, or permit any other person to hunt, on the demised premises. 8. During the term of this agreement, the City shall have the right to construct walking paths in close proximity to Lake Sequoyah which walking paths shall constitute a public easement for use by the public. If such walking paths conflict with grazing cattle and/or horses, Mr. Shofner shall exclude cattle and/or horses from the trail premises. 9. The City shall have the right to enter the demised premises at any time for the purpose of inspecting the property, surveying, or constructing walkways; and the City shall not be liable to Mr. Shofner for damages as a result of such entry, surveying, or construction. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF FA ETTEVILLE, ARKANSAS ATTEST: Lioneld , Mayor By: caw a/114Q Sondra Smith, City Clerk MR. WILIIAM KEITH SHOFNER, JR. By: bli.1-4,14.s.v‘ ‹r:i7014 R .... is , •op NY _ • <0 • • i3.1- • - - • 1.FAYETTEVILLE:,,s_ co • ,J6 • K A °SI °f„,67,1,• ° • • • r 0:: William Keith Shofner, Jr BALDWiN AVE LAKE SEQUOYAH DR lel, ----.\ - ' -"- . SEQUOYN 1'0,-; -- Ro0,---1011 ' __— DANITA ST 0 HUNTSVILLE RD cop (4, 0 0 HAHNDO LN Lake Sequoyah Property C,4,6e4, 111/IRD Shofner Lifetime „ Lease area BRANDI AVE BRANDI DR 0 7.) 111 DUNAWAY RD -0 1.- -„. •%. \ Cks 0 74'2. co HARRIS DR Exhibit A William Shofner Lease Agreement Lake Sequoyah Property - green outline 82.65 Acre Tract - red outline 169.8 Acre Lifetime Lease - yellow outline Shofner property - blue outline 00.09.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 al Mlle= =MEM Miles .P-'.0 "Rtui--.54 1-1-anvid 021.6f at et1144-eu Byron Humphry Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements City Council Meeting Date Agenda Items Only Parks Maintenance Parks and Recreation Division z Department 1:°IN 40090 )ea G Action Require' d: Approve an agreement with William Keith Shoffer, Jr., to pasture cattle and/or horses and to bale and remove hay on 82.55 acres of land adjacent to Lake Sequoyall. Agreement is for two years and can be automatically renewed for an additional 8 years. This agreement will renew an expired 10 year agreement that was very beneficial to the City and Mr. Shofner. Purchasing director, Peggy Vice, approved not bidding due to location of land (landlocked from other individuals) and due to Mr. Shofner's good standing with the City. -05-egtoo Cost of this request PIO— 19 60 r 0 0 $ Account Number Project Number Budgeted Item Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached Departme [rector Finance and Internal Services Director -z-2o Date 3 Date 'ate .7ate-- / I Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in C4-12– 2 – Clerk's Office 1 1PO4:O/ [CVD Comments: This land is immediately adjacent to a 169.8 acres at Lake Sequoyah owned by the City in which the Shofner family [ has a lifetime lease. Shofner also owns 40 acres adjacent to City property. 4 CA N -5Y -30 2- A4 ILkirti ItC1444 4* ix otediva )."-i eAxvq-ii resi1- Revised January 15, 2009 Tuft 'frilatville THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F(479) 521-7714 =I ARKANSAS www.accessfayetteville.org TO: Mayor Jordan THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: March 3, 2011 RE: Lake Sequoyah Lease Agreement to William Keith Shofner, Jr. and Jeff Price In 1958 the City began purchasing land around Lake Sequoyah as a water supply. Certain landowners were given a license agreement to continue to utilize the property for grazing and/or hay production. These license agreements were specified to previous property owners for their lifetime and/or the lifetime of their heirs. One such lease was given to the Shofner family in 1960 for the lifetime of Hal L., William Keith, Alice Ruth, William Keith Jr., and Robert Wallace Shofner. Currently William Keith Shofner holds claim to the lifetime license agreement. In 1999, it was determined that 82.55 acres adjacent to the Shofner lifetime lease (see attached map), land that was formerly held in a lifetime license agreement by the Miller family, was deteriorating and illegal activity was occurring which included poaching, four wheeling, discharge of firearms, boat launching, and fishing without permit. At this time William Keith Shofner, Jr. offered to build new fencing around the Miller property and provide gated access through his current lifetime lease property. The City agreed to a 2 year lease, renewable for 8 one-year terms which would allow Shofner to pasture cattle and/or horses and to bale and remove hay. The lease also allowed Shofner access to remote areas of his lifetime lease area. In exchange, Shofner agreed to build and maintain fencing on the property, maintain the premises in a good condition, and prevent unauthorized access and hunting. Through this lease, the City gained a steward of the land that provided security and maintenance. In 2000, it was determined that the land to the east of the old Miller property (54.55 acres) was also deteriorating and illegal activity was occurring similar to the former condition of the old Miller property. Shofner approached the City to lease the 54.55 acre tract to maintain the land and deter illegal activity. Jeff Price also expressed interest in leasing this property because he owns all of the land to the south of the 54.55 acres. Price owns approximately 285 acres. Since both gentlemen were interested in leasing the property, bids were taken and the lease was awarded to Jeff Price in which he offered a sum of $2,600 per year. In addition to the annual payment, Mr. Price also agreed to build and maintain a fence on the property, maintain the property in a good condition, and prevent unauthorized access and hunting. The City agreed to a 2 year lease, renewable for 8 one-year terms. Both of the Shofner and Price leases have expired. Due to both gentlemen being in good standing with the City over the course of their previous 10 year leases, and because each property is essentially landlocked to anyone else other than Shofner or Price, it is the desire of the Parks Department to renew the leases for the following reasons: 1. Shofner holds a lifetime lease adjacent to the 82.55 acres that he formerly leased. 2. Shofner needs the 82.55 acres to access his lifetime lease area with the City. Telecommunications Device for the Deaf TDD (479} 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS 3. Price owns all of the land surrounding the 54.55 acres that he formerly leased from the City. 4. The 54.55 acres is only accessible to Shofner or Price. 5. Both of the former leases were of great benefit to the City providing maintenance and deterring illegal activity in this area at Lake Sequoyah. These illegal activities are all prohibited by City ordinance but are difficult to enforce without the lease agreement and the presence of the lessee tending to the land. 6. Both Shofner and Price were contacted and wish to continue their respective lease agreements under the previous terms with the exception that Shofner would pay the same rent per acre of pasture land as Price, which is approximately $112 per acre. The 54.55 acres that Price leased is comprised of approximately 23 acres of pasture land whereas the 82.55 acres that Shofner leased is comprised of approximately 18 acres of pasture land. Therefore the new lease with Shofner will be for $2,000 per year. The Parks and Recreation Department therefore recommends that we renew our lease agreements with Mr. Shofner and Mr. Price for the same terms and duration as the previous leases that have expired with the exception that Mr. Shofner agrees to pay $2,000 per year. The biggest value of these leases to the City is that these properties are maintained and illegal activity is deterred without an expense to the City. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION APPROVING A LEASE CONTRACT WITH WILLIAM KEITH SHOFNER, JR. ON 82.55 ACRES OF LAND ADJACENT TO LAKE SEQUOYAH FOR PURPOSES OF PASTURING CATTLE AND HORSES, AND CUTTING AND BALING HAY 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 contract with William Keith Shofner, Jr., a copy of which is attached as Exhibit "A", concerning 82.55 acres of land described therein adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. PASSED and APPROVED this 15th day of March, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer co " ,z9 OY ,j 01c _ 7__DAMTAST 1181..kr_SYIL-LE-RO - Lake Sequoyah Property ... 1.47111RD Shofner Lifetime LAMS° area Sii�fiiirtfethn 'Lease area Old Miller Property 82.55 Acre Tract. Shotner 10 yr lease Price owned Property - _.;SAW.14CE ' —_ • Shofner and Price Property and Leases Lake Sequoyah Property - green outline Shoner lease 82.55 acre tract - red outline Shofner 169.8 acre lifetime lease - yellow outline Shofner property 40 acres - blue outline Price lease 54.55 acre tract - purple outline Price owned property 285 acres - teal outline 00.09.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 Miles City of Fayetteville Lake Sequoyah Lease Agreement This Agreement executed this day of City of Fayettpville, Arkansas, a munic , 2011, between the 1 corporation, hereinafter called "the City'' a'n. William Keith Shofner, Jr., hereinaf r called "Mr. Shofner". This agreement is for appro ately 82.55 acres of unused la d adjacent to Lake Sequoyah. Whereas, Mr. iofner is the owner f approximately 40 acres of land which adjoins land owned by the C adjacent to L ke Sequoyah; and Whereas, Mr. Shofner curren land from the City, as a result of tains a lifetime lease on approximately 169.8 acres of riginal construction of Lake Sequoyah; and Whereas, the aforementioned 2.55 acres land owned by the City is adjacent to the 169.8 acres of land under the ifetime lease of Mr. hofner and is essential for access to the leased property; and Whereas, illegal activity incl ding poaching, four wheeling, di harge of firearms, boat launching, and fishing has b n deterred under the prior 10 year agr ment; and Whereas, Mr. Shofner is in sood standing with the City on existing leased I d and the prior 10 year agreement was f great benefit to the City. Now, Therefore, the City and Mr. Shofner hereby agree as follows: 1. The City hereby agrees to allow Mr. Shofner to utilize, the following described property(s) situated in Washington County, Arkansas, described in Exhibit A attached hereto and made a part thereof. 2. The term of this agreement shall be for a period of two (2) years commencing on e execution date hereof. However, the/ agreement may be automatically re ewed for eight (8) one (1) year terms on agreement by both the City and Mr. ofner. Provided, the City may ter 'nate this agreement at any time for all or any ortion of the demised premise by giving Mr. Shofner ninety (90) days written nob e by regular mail at Mr. S ofner's regular mailing address if the City determined tha said premises are n- -ded for public park purposes. 3 In consideration fo the City leasin the demised premises to Mr. Shofner, Mr. Shofner shall maintain Mr. Shofner shall erect an demis d premises in a sightly condition at all times. the City on the demised premi 4. Mr. Shofner shall use the de is d premises solely to provide pasture for Mr. Shofner's catlle and/or horse and to bale and remove hay. When baled, any hay shall immediately beco he prope y of Mr. Shofner. 5. Mr. Shofner shall fertilize t e demised pre ises so that, upon expiration of this agreement, the demised •remises shall be in as good condition as on the execution date hereof. F rtilizer should be app d in accordance to applicable local and states laws. 6. Mr. Shofner shall not re ove, nor permit to be removed any tree on the demised premises. 7. Mr. Shofner shall not unt, or permit any other person to hu on the demised premises. 8. During the term of this agreement, the City shall have the right to construct walking paths in close 'proximity to Lake Sequoyah which walking paths shall constitute a public easement for use by the public. If such walking paths conflict with grazing cattle and/or horses, Mr. Shofner shall exclude cattle and/or horses tain fences and maintain signage provided by from the trail premises. The City shall have the rig To enter the demised premises at any time for the purpose of inspecting the oroperty, surveying, or constructing walkways; and the ty shall not be liable to Mr. Shofner for damages as a result of such entry, surv ng, or construction. IN WITNES and year firs HEREOF a %ye writte the parties have executed this Agreement on the day CITY OF FAYETTEVILLE, AR SAS By: ATTEST: By: Lioneld Jordan, Mayor Sondra Smith, City Clerk MR. WILIIAM KEITH SHOFNER, JR. William Keith Shofner, J TO: THRU: FROM: DATE: RE: evi ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 74-905 000) RECREATION DEPARTMENT 113 West Mountain Fayetteville, 09 72701 (479)4-44-3471 (479)521-7714 Mayor Jordan Don Marr, Chief of St Connie Edmonston, Par Byron Humphry, Parks Ma March 3, 2011 Lake Sequoyah Lease Agreemei and Recreation enance Sup In 1958 the City began purchasing land around Lak were given a license agreetnent to continue to utilize These license agreements were specified to previous lifetime of their heirs. One such lease was given to William Keith, Alice Ruth, William Keith Jr., and I Shatter holds claim to the lifetime license agreem irector rintendent 14- iam Keith Shofner, Jr. and Jeff Price quoyah as a water supply. Certain landowners e property for grazing and/or hay production. erty owners for their lifetime and/or the le S ofner family in 1960 for the lifetime of Hal L., °bed allace Shofner. Currently William Keith In 1999, it was determined that 82.55 acres adjac - st to the Shoft .r lifetime lease (see attached map), land that was formerly held in a lifetime license t reement by the iller family, was deteriorating and illegal activity was occurring which included po ching, four wheelit ,, discharge of firearms, boat launching, and fishing without permit. At this t.me William Keith Shofner, Jr. offered to build new fencing around the Miller property and provide gated access through hi current lifetime lease property. The City agreed to a 2 year lease, renewable ft r 8 one-year terms which ould allow Shother to pasture cattle and/or horses and to bale and removeh, . The lease also allowed SI •fner access to remote areas of his lifetime lease area. In exchange, Shofi 1- agreed to build and maintah fencing on the property, maintain the premises in a good condition, at d prevent unauthorized access a d hunting. Through this lease, the City gained a steward of the land sat provided security and mainten nee. In 2000, it was determined that the land to Ile east of the old Miller property (5 55 acres) was also deteriorating and illegal activity was occur Mg similar to the former condition of w old Miller property. Shofner approached the City to lease the 5 .55 acre tract to maintain the land an eter illegal activity. Jeff Price also expressed interest in leasin this property because he owns all of the and to the south of the 54.55 acres. Price owns approximata 285 acres. Since both gentlemen were in:crested in leasing the property, bids were taken and the lease was awarded to Jeff Price in which he offe•ed a sum of $2,600 per year. In addition to the annual payment, Mr. Price also agreed to build and aintain a fence on the property, maintain the property in a good condition, and prevent unauthorized acc ss and hunting. The City agreed to a 2 year lease, renewable for 8 one-year terms. Both of the Shofner and Price leases have expired. Due to both gentlemen being in good standing with the City over the course of their previous 10 year leases, and because each property is essentially landlocked to anyone else other than Shofner or Price, it is the desire of the Parks Department to renew the leases under the same terms that were agreed upon 10 years ago for the following reasons: 1. Shofner holds a lifetime lease adjacent to the 82.55 acres that he formerly leased. 2. Shofner needs the 82.55 acres to access his lifetime lease area with the City. leleceincoonications 1)0000 70, 1(10 Deaf TDD (479) 521-1316 113 West Mountain Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS 3. Price wns all of the land surrounding the 54.5 acres that he formerly leased from the City. 4, The 54. acres is only accessible to Shofner r Price. 5. Both of the mer leases were of great benefi to the City providing maintenance and deterring illegal activity ii his area at Lake Sequoyah. 'hese illegal activities are all prohibited by City ordinance but are di icult to enforce without t le lease agreement and the presence of the lessee tending to the land. 6. Both Shofner and Price w .e contacted and w sh to continue their respective lease agreements under the previous terms. The Parks and Recreation Department there Mr. Shofner and Mr. Price for the same terms an The biggest value of these leases to the City is that deterred without an expense to the City. recoi du mends that we renew our lease agreements with ion as the previous leases that have expired, se properties are maintained and illegal activity is Telecot nutunications Device fo the Deaf TDD (479)5211316 113 West Mountain Fayetteville, 0072701