HomeMy WebLinkAbout62-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 62-19
File Number: 2019-0109
UNDERWOOD FAMILY TRAIL LICENSE AGREEMENT:
A RESOLUTION TO APPROVE THE ATTACHED TRAIL LICENSE AGREEMENT WITH THE
UNDERWOOD FAMILY REAL ESTATE LIMITED PARTNERSHIP AND TO THANK THE
UNDERWOODS FOR GENEROUSLY ALLOWING FAYETTEVILLE CITIZENS TO USE SOME
TRAILS ON THEIR PROPERTY.
WHEREAS, the Underwoods own approximately 50 acres of undeveloped property on the east side of Mt.
Sequoyah; and
WHEREAS, the Underwoods have graciously agreed to allow Fayetteville citizens to use some
designated trails across their property to access city trails on Mt. Sequoyah Woods Park's 97 acres; and
WHEREAS, the City has agreed to maintain such authorized trails and prevent unauthorized trails to
encroach upon the Underwoods property.
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 the attached Trail
License Agreement with the Underwood Family Real Estate Limited Partnership, thanks the Underwoods for
generously allowing Fayetteville citizens to use some trails on their property, and authorizes Mayor Jordan to
sign the Trail License Agreement.
PASSED and APPROVED on 3/5/2019
Approt, d'. Attest:
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Sondra E. Smith, City ClerkTreasurer �� ; ' o\ Y 00 •.�i� ,,+
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113 West Mountain Street
City of Fayetteville, Arkansas
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0109
Agenda Date: 3/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 1
UNDERWOOD FAMILY TRAIL LICENSE AGREEMENT:
A RESOLUTION TO APPROVE THE ATTACHED TRAIL LICENSE AGREEMENT WITH THE
UNDERWOOD FAMILY REAL ESTATE LIMITED PARTNERSHIP AND TO THANK THE
UNDERWOODS FOR GENEROUSLY ALLOWING FAYETTEVILLE CITIZENS TO USE SOME
TRAILS ON THEIR PROPERTY.
WHEREAS, the Underwoods own approximately 50 acres of undeveloped property on the east side of Mt.
Sequoyah; and
WHEREAS, the Underwoods have graciously agreed to allow Fayetteville citizens to use some designated
trails across their property to access city trails on Mt. Sequoyah Woods Park's 97 acres; and
WHEREAS, the City has agreed to maintain such authorized trails and prevent unauthorized trails to encroach
upon the Underwoods property.
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 the attached Trail
License Agreement with the Underwood Family Real Estate Limited Partnership, thanks the Underwoods for
generously allowing Fayetteville citizens to use some trails on their property, and authorizes Mayor Jordan to
sign the Trail License Agreement.
City of Fayetteville, Arkansas Page 1 Printed on 3/6/2019
City of Fayetteville Staff Review Form
2019-0109
Legistar File ID
3/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Ken Eastin 2/13/2019 PARKS & RECREATION (520)
Submitted By Submitted Date Division/ Department
Action Recommendation:
Park staff recommends approval of a Trail License Agreement between the City of Fayetteville and the Underwood
Family Real Estate Limited Partnership / Underwood Cliffs #1, Inc. for two private property tracts bordering Mt.
Sequoyah Woods Park.
Account Number
Project Number
Budgeted Item? No
Budget Impact:
Fund
Project Title
Current Budget $
Funds Obligated $
Current Balance $
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 5, 2019
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
Ted Jack, Park Planning Superintendent
FROM: Ken Eastin, Park Planner
DATE: February 11, 2019
SUBJECT: Park staff recommends approval of a Trail License Agreement between the
City of Fayetteville and the Underwood Family Real Estate Limited Partnership /
Underwood Cliffs #1, Inc. for two private property tracts bordering Mt. Sequoyah Woods
Park.
RECOMMENDATION:
Staff recommends approval of a Trail License Agreement between the City of Fayetteville and
the Underwood Family Real Estate Limited Partnership / Underwood Cliffs #1, Inc. for two
private property tracts bordering Mt. Sequoyah Woods Park. The Trail License Agreement will
authorize the routing and use of public foot and bike trails across the private tracts, as well as
authorize use of a 'public park' area on a portion of the private property.
BACKGROUND:
For almost a hundred years, the hillside on the east -facing slope of Mt. Sequoyah has remained
wooded and in a natural state. Trails have crossed its slopes, providing historic and enjoyable
access for visitors to the Mt. Sequoyah Assembly and for the many residents who have made
Mt. Sequoyah their home. In 2004, it became apparent that approximately 68 acres of this
hillside owned by the Mt. Sequoyah Methodist Assembly was to be sold. The community rallied
with the mayor and the newly formed Fayetteville Natural Heritage Association (FNHA) to
acquire the property for public use and future preservation. In 2006, a contiguous tract of 29.5
acres was acquired which increased the Mt. Sequoyah Woods park lands to a total of just under
97 acres. In just a few short years, this preserved woodland has become one of the most
treasured parks in Fayetteville and is continuously enjoyed by residents seeking trail -based
recreation in a natural setting within the heart of Fayetteville.
The trails system that is currently in use is the result of social paths, as well as old roads and
traces. Many of these routes travel straight up and down the slope, creating problems of severe
erosion due to unrestrained runoff. This was acknowledged by an Arkansas Forest Resources
Management Plan prepared by the Arkansas Forestry Commission at the request of the FNHA
during the acquisition period. This reinforces the desire by Parks staff to develop a trails plan
for Mt. Sequoyah Woods which utilizes sustainable routing and construction techniques to
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
preserve environmental health and the natural resources of Mt. Sequoyah. The establishment
of trail easements where applicable on private lands will be a major first step in development of
a long-range sustainable trails plan.
DISCUSSION:
Although the park property acquired by the City is now open to public use, the historic trails
system covered a greater part of the undeveloped portion of the mountain than only the publicly
owned tracts. This included the presence of trails being publicly enjoyed on privately owned
property. Due to this unauthorized public use of private property and the objective of
establishing an approved and sustainable trails system, park staff discussed this issue with the
owner of two tracts contiguous to the park and impacted by the use of existing trails. The
Underwood Family has ownership interest in a 52 -acre wooded tract adjacent to Mt. Sequoyah
Woods and just north of the Cliffs Apartment complex on Crossover Road. The family also
represents the Cliffs Apartments in approving the agreement for a short trail segment that
crossed the Cliffs' property.
After a period of negotiation with the property owners, a Trail License Agreement was prepared
and agreed to by the property owners, City Attorney Kit Williams, and Park Staff. The
agreement will specify existing trail routes to authorize, existing trails to close, and new
proposed trail routes to establish on property owned by the Underwood Family and the Cliffs
Apartments. The agreement will also include authorized use of a scenic 'park zone' along a
stream and just below natural bluff outcroppings. The trail agreement will cover a corridor that
extends 15 feet either side of the trail center line as described on exhibit 'A' of the agreement
and further defined by GPS route waypoints. The `park zone' will be defined by identification
signs, (Exhibit C) to be placed along the outer boundary. The agreement also specifies certain
requirements expected by visitors and defined on regulation signs (Exhibit B) that are to be
placed at points where the trail crosses onto the private property.
This agreement is critical to public-private land -use activity partnerships at Mt. Sequoyah
Woods and elsewhere in Fayetteville where the opportunity for these partnerships exist. This is
the first such agreement at Mt. Sequoyah and hopefully will be followed by additional similar
agreements.
The Parks and Recreation Advisory Board reviewed and unanimous) approved 9-0this
cr000sai at the February 4, 2919 monthly meeting.
BUDGET/STAFF IMPACT:
There are no specific costs associated with the establishment of this agreement.
Attachments:
Staff Review Form
Final Underwood Trail License Agreement
Exhibit A — Map
Exhibit B — Regulations Sign
Exhibit C — Park Zone Boundary Marking
TRAIL LICENSE AGREEMENT
This Trail License Agreement is made and effective this day of MWh,2019,
by and between Underwood Family Real Estate Limited Partnership ("Underwood"), an Arkansas limited
partnership, and the City of Fayetteville ("Fayetteville")
RECITALS
Underwood owns a tract of undeveloped real estate in the City of Fayetteville of approximately
50 acres, which is more specifically described on "Exhibit A" hereto (the "Tract"). The Tract is adjacent
to and joins tracts owned by Fayetteville and other parties on which exist rustic trails used by the
general public for walking, jogging, bicycling, and other similar recreational activities. Fayetteville
desires to expand its trail system onto the Tract, including the revision and maintenance of such trails,
and the Underwood's desire to make the Tract available to the public for recreational purposes as
contemplated in the Arkansas Recreational Use Statute as codified at Arkansas Code Annotated Sections
18-11-301, et. seq., to enhance the quality of life in Fayetteville. To these ends the parties reach this
Agreement:
TERMS AND CONDITIONS
Therefore, in consideration of the Recitals above and Terms and Conditions below, all of which
are acknowledged by the parties to constitute good and valuable consideration, it is agreed:
1. License: Fayetteville, as more specifically agreed herein, is granted license by Underwood:
1.1. To close, construct and maintain trails as reflected on Exhibit A hereto for recreational
purposes open to and used by the general public on the Tract for the term of this Agreement.
The trail corridors shall not exceed fifteen (15) feet either side of a center line.
1.2 To maintain for recreational purposes limited to hiking and temporary stays for picnics,
playing and resting, the "Park Zone" designated on Exhibit A hereto.
1.3 To access the Tract for elimination, construction, maintenance and patrolling of the trails
and Park Zone as provided herein and shown on Exhibit A and shall have access to the Tract at
all times for such purposes, as well as to provide police, fire and other city services required on
the Tract. This License applies strictly to those trails and Park Zone (either existing or to be
constructed) as reflected on Exhibit A hereto, and shall not extend to any other use or part of
the Tract. No trails shall be constructed on any part of the Tract except as identified on Exhibit A
2. Term: This License may be terminated by either party, with or without cause, upon thirty
(30) days written notice to the other party. Upon termination, Fayetteville shall promptly
remove all signage installed by it under this Agreement.
3. Consideration: There shall be no financial consideration due from Fayetteville to
Underwood for this License, provided Fayetteville performs these covenants at all times during
this License:
3.1 Signage: Fayetteville shall construct and continuously maintain clear and obvious signage
at each point on the Tract where a trail enters the Tract which signage shall incorporate by
reference all Fayetteville Ordinances applicable to use of its parks, as well as include all of the
"Conditions of the License" as set forth in paragraph 4 below. The signs shall include contact
information for emergencies, questions or problems, a map of the trails, and that usage contrary
to the Conditions may result in termination of this License or sanctions against any non-
complying member of the public including being barred from use of the trails under this License.
A sign in the format attached as "Exhibit B" hereto satisfies this condition. In addition,
Fayetteville shall post permanent and conspicuous signs in the format of "Exhibit C' at
approximately one -hundred -foot intervals around the boundary of the Park Zone, to preclude
users from leaving the Park Zone onto non -licensed areas of the Tract.
3.2 Maintenance: Fayetteville shall maintain the trails as rustic trails for walking, jogging, and
bicycling in reasonably good and safe condition in relationship to their use as rustic trails
including but not limited to the pick- up of trash and litter; preventing and repairing
circumstances of erosion and hazard due to roughness, steepness, or slickness; clearing trails of
loose stones, fallen trees, and other impediments and hazards; physically impeding any efforts
to expand the agreed trails, create shortcuts, or cut- through switchbacks; maintaining
directional signs at each trail junction and enforcing the "Conditions of the License" set forth in
paragraph 4 below. Fayetteville shall in addition maintain the Park Zone in a clean condition,
eradicating and suppressing honeysuckle and other growths that impede its intended use as a
Park Zone.
3.3 Patrol: Fayetteville shall provide an appropriately trained, experienced, and responsible
Fayetteville employee or designated representative to patrol each part of the trails and Park
Zone on the Tract not less frequently than monthly or immediately following a significant
weather event to observe trail conditions and compliance with this License and shall report any
non -complying conditions or circumstance to Underwood.
3.4 Fees: No fees may be charged for use of the trails on the Tract.
3.5 Events: Organized group or competitive events, such as but not limited to walk-a-thons,
foot races, bicycle races, and group walks may be permitted or sponsored by Fayetteville.
Fayetteville may control access to and use of the trails for such events. Reasonable entry fees
may be charged for such events, provided that all profit from such events shall be used by
Fayetteville for Parks and Recreation projects (including its obligations under this Agreement) or
distributed to federally tax-exempt charitable organizations. Fayetteville shall be responsible
for planning and implementing event controls for the (a) safety of all persons including
participants, observers, and uninvolved users of the Trails, and (b) protection of the Tract, trails,
and Park Zone thereon.
4. Conditions of the license: Fayetteville shall operate the trails subject to these Conditions
which shall be posted on the signage required under Paragraph 3.1 above:
4.1 Hours of use shall be sunrise to sunset and no overnight camping.
4.2 No damaging, taking, or harvesting of plants, wildlife, stone, mineral or soil.
4.3 All pets must remain on a leash and their solid waste carried offsite.
4.4 No firearms on the Tract.
4.5 Bicycles shall be equipped with and use bells, horns, or other conventional and reliable
means of warning other parties of their approach and passing.
4.6 Motorized vehicles are prohibited.
4.7 The trails are inherently rustic and potentially dangerous due to their rough surfaces, steep
grades, limitation on visibility and other factors, and all users assume all risk and responsibility
for their use thereof.
4.8 No temporary or permanent structures of any kind, including tents, lean-tos, teepees,
arbors, or tarps shall be erected or maintained on the Tract.
4.9 No smoking, including vaping.
4.10 No littering, including cigarette butts.
4.11 No fires.
4.12 No alcoholic Beverages
5. Non-exclusive license: The trails abut apartment developments owned by other Underwood
family entities, the tenants of which shall have access to the trails on the Tract at all times, as
part of their tenant rental amenities.
IN WITNESS WHEREOF, the parties have caused this License Agreement to be signed and effective the
date first set forth above:
UNDERWOOD FAMILY REAL ESTATE
LIMITED PARTNERSHIP
BY UNDERWOOD CLIFFS #1, INC.
GENERALPARTNER
I31A
Underwood, President
Date Signed: 'W 7
CITY OF FAYETTEVILLE, AR
Date Signed: J 5
EXHIBIT 'C'- UNDERWOOD
TRAIL LICENSE AGREEMENT
MTSEQUOYAH WOODS
NG 1,V
Fayetteville Leave
o x • No
°�RowQ� Parks and Recreation Trace
YOU ARE NOW LEAVING PUBLIC LANDS
AND ENTERING PRIVATE PROPERTY
PLEASE STAY ON TRAILS
In addition to the provisions noted below, all City of Fayetteville
Ordinances govern the use of these trails and will be enforced
• Hours of use - sunrise to sunset
• Trails are open to foot and bicycle use only - Bike riders
must alert of your presence when overtaking others
• Alcoholic beverages prohibited
• No smoking or vaping
• No firearms
• No fires
• No overnight camping
• All pets must be leashed
• Do not litter - pet waste must be disposed of off-site
• No taking, damaging, or harvesting of plants, wildlife,
stone, mineral, or soil
• No temporary or permanent structures of any kind,
including tents, lean-tos, teepees, arbors, or tarps
shall be erected or maintained on the grounds
THESE TRAILS ARE INHERENTLY RUSTIC WITH
CHALLENGES AND HAZARDS.
USERS ASSUME ALL RESPONSIBILITY FOR THEIR USE.
HELP KEEP OUR PARKS SAFE AND CLEAN
For emergencies only, call 911
Police (non -emergency), call 479.587.3555
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