HomeMy WebLinkAbout251-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 251-20
File Number: 2020-0775
CITY PARK NAMING - UNDERWOOD PARK:
A RESOLUTION TO NAME THE CITY PARK OF ABOUT 65 ACRES LOCATED ON DEAN
SOLOMON ROAD AS "UNDERWOOD PARK" AS RECOMMENDED BY STAFF AND THE
PARKS AND RECREATION ADVISORY BOARD
WHEREAS, on April 20, 2020, Underwood Development presented to the Parks and Recreation
Advisory Board a 602 multi -family development, including approximately 65 acres for a new
community park in a needed area of town; and
WHEREAS, the Underwood's are contributing significantly to the acquisition of the park by donating
over 57% (38 acres) of the 65.54-acre park to the City. The Park Land Dedication Ordinance places
an average value on park land of $47,130 per acre, which would equal to $1,790,940 in value for the
donated land. A portion of the land donated will include the pond which will be a focal point of the
future park where fishing, hiking trails, and a possible kayak/canoe area will be developed; and
WHEREAS, the Underwood's have a long history of providing exceptional service to the park
system by allowing recreational trails located on their property to connect to the adjacent to Mount
Sequoyah Park which increased the overall recreation value of the park at no charge to the city or
people of Fayetteville; and
WHEREAS, Laura Underwood has served for six years as a member or president of the fundraising
Friends of the Yvonne Richardson Community Center and was named Volunteer of the Year in 2019
by the Arkansas Recreation and Parks Association for her service to Fayetteville; and
WHEREAS, § 97.88(D) of the Fayetteville City Code authorizes the naming of a park facility when
the "honoree has made a significant contribution to the City" or as determined by City Council
Page 1 Printed on 1017120
Resolution: 251-20
File Number. 2020-0775
Resolution; and
WHEREAS, the City Council is extremely grateful for the passion and generousity that the
Underwood Family has shown for our Parks and the citizens of the City of Fayetteville, and determine
that their contributions which have provided wonderful assets for our community to enjoy for decades
to come justifies the naming the 65.54 acres as "Underwood Park."
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 thanks the Underwood
Family for their generous donations and names the future City park of about 65 acres located on Dean
Solomon Road the "Underwood Park" in honor of Craig and Laura Underwood and their family in
recognition of their significant contributions to the City and its citizens.
PASSED and APPROVED on 10/6/2020
Attest:
CLER K
`:1, GITynF;`yJ'�
Kara Paxton, City Clerk TreaiGre;� FgY'c-r V
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Page 2 Printed on 1017120
City of Fayetteville,
evArkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
s; Text File
File Number: 2020-0775
Agenda Date: 10/6/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: D. 4
CITY PARK NAMING - UNDERWOOD PARK:
A RESOLUTION TO NAME THE CITY PARK OF ABOUT 65 ACRES LOCATED ON DEAN
SOLOMON ROAD AS "UNDERWOOD PARK" AS RECOMMENDED BY STAFF AND THE PARKS
AND RECREATION ADVISORY BOARD
WHEREAS, on April 20, 2020, Underwood Development presented to the Parks and Recreation Advisory
Board a 602 multi -family development, including approximately 65 acres for a new community park in a
needed area of town; and
WHEREAS, the Underwood's are contributing significantly to the acquisition of the park by donating over
57% (38 acres) of the 65.54-acre park to the City. The Park Land Dedication Ordinance places an average
value on park land of $47,130 per acre, which would equal to $1,790,940 in value for the donated land. A
portion of the land donated will include the pond which will be a focal point of the future park where fishing,
hiking trails, and a possible kayak/canoe area will be developed; and
WHEREAS, the Underwood's have a long history of providing exceptional service to the park system by
allowing recreational trails located on their property to connect to the adjacent to Mount Sequoyah Park which
increased the overall recreation value of the park at no charge to the city or people of Fayetteville; and
WHEREAS, Laura Underwood has served for six years as a member or president of the fundraising Friends
of the Yvonne Richardson Community Center and was named Volunteer of the Year in 2019 by the Arkansas
Recreation and Parks Association for her service to Fayetteville; and
WHEREAS, § 97.88(D) of the Fayetteville City Code authorizes the naming of a park facility when the
"honoree has made a significant contribution to the City" or as determined by City Council Resolution; and
WHEREAS, the City Council is extremely grateful for the passion and generousity that the Underwood Family
has shown for our Parks and the citizens of the City of Fayetteville, and determine that their contributions which
have provided wonderful assets for our community to enjoy for decades to come justifies the naming the 65.54
acres as "Underwood Park."
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
City of Fayetteville, Arkansas Page 1 Printed on 101712020
File Number: 2020-0775
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby thanks the Underwood Family for
their generous donations and names the future City park of about 65 acres located on Dean Solomon Road the
"Underwood Park" in honor of Craig and Laura Underwood and their family in recognition of their significant
contributions to the City and its citizens.
City of Fayetteville, Arkansas Page 2 Printed on 101712020
Connie Edmonston
Submitted By
City of Fayetteville Staff Review Form
2020-0775
Legistar File ID
10/6/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/17/2020
Submitted Date
Action Recommendation:
PARKS & RECREATION (520)
Division / Department
Approval to name 65.54 acres located on Dean Solomon Road as "Underwood Park" as recommended by Staff
and the Parks and Recreation Advisory Board.
Account Number
Project Number
Budgeted Item?
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 6334
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
7/21/2020
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 6, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
CITY COUNCIL MEMO
FROM: Connie Edmonston, Parks and Recreation Director
DATE: September 17, 2020
SUBJECT: Approval to name 65.54 acres located on Dean Solomon Road as
"Underwood Park" as recommended by Staff and the Parks and Recreation Advisory
Board.
RECOMMENDATION:
Approval to name 65.54 acres located on Dean Solomon Road as "Underwood Park" as
recommended by Staff and the Parks and Recreation Advisory Board.
BACKGROUND:
On April 6, 2020, Underwood Development, on the former Razorback Golf Course site,
presented to the Parks and Recreation Advisory Board (PRAB) a 602 multi -family development
for approval of the Park Land Dedication Ordinance (PLD) requirement. The proposal included
approximately 27.5 acres for park land given to meet current and future PLD requirements along
with approximately 37.5 acers of donated land, all together totaling approximately 65 acres for a
new community park in a needed area of town. Parks Board unanimously approved the
dedication of over 65 acres for a community park and recommended the park be named
Underwood Park for the generous donation. (See attached PRAB Meeting Minutes.)
City Council approved the Underwood Development request for a Commercial Planned Zoning
District designed for mixed use development that include City parkland and 602 multi -family
units located NW of Deane Solomon Road and Lori Drive on July 21, 2020 - Ordinance 6334.
DISCUSSION:
Staff commends Craig and Laura Underwood for their visionary planning of the former
Razorback Golf Course land and the important inclusion of significant green space. For years,
this location has been the scene of several potential developments that resulted in community
resistance. Their inclusion of park acreage validates their commitment to the City of Fayetteville
as well as the growth and importance of Parks and Recreation. The addition of the new park
land eliminates the service gap in this northwest area of Fayetteville as requested by many
citizens throughout the years. The new 65.54 acres park represents 52.3% of the total 125.23
acres in the development.
The Underwood's collaborated with Parks and Recreation Staff and neighbors in the selection of
the park property. The total park property will be dedicated to the City in separate parcels
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
based on development milestones. The parcels will be used immediately for the park utilizing a
no cost lease agreement, except for the large pond area which will be gifted after completion of
the multi -family unit and pond modification for stormwater requirements. This site provides a
unique community park with a conservation theme that can provide the people of Fayetteville
with some of their highest priorities for parks, including facilities that support an active lifestyle
and closeness with nature. Additionally, this park is well suited to help form a significant
conservation and trail corridor adding significant value to our community.
Naming the park — Underwood Park - abides by the Naming Parks Facilities Policy:
(See attached Ordinance.)
The Underwood's are contributing significantly to the acquisition of the park by donating
over 57% (38 acres) of the 65.54-acre park to the City. The Park Land Dedication
Ordinance places an average value on park land of $47,130 per acre, which would equal
to $1,790,940 in value for the donated land. A portion of the land donated will include the
pond which is a focal point of the future park where fishing, hiking trails, and a possible
kayak/canoe area will be developed.
2. The Underwood's have a long history of providing exceptional service to the park system
by allowing recreational trails located on their property adjacent to Mount Sequoyah Park
which increased the overall recreation value of the park at no charge to the city or
people of Fayetteville.
3. Laura Underwood has provided exceptional service to the park system by serving on the
non-profit Friends of the Yvonne Richardson Community Center Board (YRCC) for over
6 years. In 2019, Laura was awarded the Arkansas Recreation and Parks Association
Volunteer of the Year for her achievements and dedication in serving the YRCC as a
volunteer board member including role as the President. Laura also has served the
Fayetteville community as a member of the Fayetteville Public Schools Board of
Education.
We are extremely grateful for the passion and dedication that the Underwood's have towards
Parks and Recreation and the people of the city of Fayetteville. They have provided lifelong
assets for our community to enjoy for decades to come that warrants naming the park —
Underwood Park.
BUDGET/STAFF IMPACT:
Development of this park is requested in the 5-Year CIP as a high priority project.
Attachments:
Park Maps
PRAB April 6, 2020 Meeting Minutes
Park Naming Policy
Community and Regional Parks. -
Five Minute Drive Time
Site
Bryce Davis Park
Gulley Park
Walker Park
Wilson Park
Centennial Park — Millsap Mountain
Kessler Mt. Regional Park
Lake Fayetteville Park
Lake Sequoyah Park
Note Drive Times are approximate
from ESRI Business Analyst
FAYETTEVILL E PARKS & RECREATION STRATEGIC PLANNING
A RK AMSAS
Underwood Development and
Proposed Park Land
North
T
Park Site
65 ac
fp
N.
AM-
Wow
N Deane Solomon Road
CITY OF
FAYETTEVILLE
ARKANSAS
Parks and Recreation Advisory Board
April 6, 2020
5:30 p.m.
Zoom Meeting
MEETING MINUTES
Members: Richie Lamb, Nicole Claesen, Will Dockery, Joel Freund, Jennifer Neill, Keith
Tencleve, Shay Hopper, Hugh Kincaid, Stephen Sheely
City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; Lee
Farmer, Recreation Superintendent; Ted Jack, Park Planning Superintendent, Sonya Morell,
Operations Assistant
4. Park Land Dedication
Underwood Development PZD - Ted Jack, Park Plannina Superintendent
Development Name:
Underwood Development PZD
Engineer:
Crafton Tull
Owner:
KTB Limited Partnership
(Laura and Craig Underwood)
Location:
2514 W Lori Dr, Fayetteville
Old Razorback Golf Course Site
Park Quadrant
North West
Units:
602 Multi -family
Total Acres:
128.5+/- acres
Land Dedication Requirement:
12.04 acres for 602 multi family
An additional 15.5 acres is to be banked for
any future needs in this PZD.
Money in Lieu Requirement:
Developer is dedicating land. 602 units at
$952 is $573,104.
Existing Parks:
Clabber Creek Trail, Gary Hampton
Baseball Complex, Salem Neighborhood
Park
Developer's Request:
To dedicate 27.54ac for current and any
future PLD requirements in this PZD.
Developer is also donating an additional
37.5 acres (22.5ac + 15.Oac).
Staff Recommendation:
Accept land dedication and land donation.
Justification:
Park facility gap analysis indicates a weakness in park coverage in this rapidly growing area of
the city for a community park. This site lends itself towards a new community park, possibly with
a conservation theme, that can provide the people of Fayetteville with some of their highest
priorities for parks, including facilities that support an active living lifestyle and provide contact
with nature. Additionally, it is well suited to help form a significant conservation and trail corridor
synergistically increasing the value of it and other community assets.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Additional Staff Recommendation: Recommend naming Park - "Underwood Park"
Justification for naming:
Parks Staff recommends naming the park Underwood Park due to the donation of 37.5 acres for
a community park. In addition, Laura Underwood served on the Yvonne Richardson Community
Center Board (YRCC) for 5 years. In 2019, Laura was awarded the Arkansas Recreation and
Parks Association Volunteer of the Year for her achievements as a volunteer board member of
the YRCC. Laura also has served the Fayetteville community as a member of the Fayetteville
Public Schools Board of Education. In addition, for many years at Sequoyah Woods Park, Craig
and Laura Underwood have allowed recreational trails to be located on their property adjacent
to the park increasing the overall recreational value of Sequoyah Woods Park at no charge to
the city or people of Fayetteville.
Jack reviewed the PLD:
• Temporary Policy Concerning PLD, per the Mayor, during COVID19, any developer with
fee in lieu will go directly to the Planning Commission.
• Active Transportation Plan has plans for this site, having Clabber Creek Trail going
through the site.
• Wilson Springs Reserve is adjacent to the site, which enhances the site.
• This will be a Community Park, with a conservation theme, being a unique park for this
area.
• Staff would like the park to be named Underwood Park.
Henley, with Crafton Tull, discussed the following:
• The last 15 acres where the major pond is, the intent is to develop that, with 602
apartment units first. The southern acreage, they will need to provide storm water
detention and quality, that ponds lends itself to that. The road from Deane Solomon will be
dedicated as a ride away, per Mr. Underwood.
• Henley continued to discuss the development with the board.
Lamb read rules for public input and questions.
Humphry read four emails from the public to the board.
The board heard from citizens regarding this development, discussion followed.
Lamb opened discussion with board members regarding the development, discussion
followed.
Edmonston added the importance of the park to an under served portion of the city. Staff has
received a lot of public input for a park in this area. She appreciates what the Underwood's
are doing for this part of town.
PRAB Motion: Lamb moved to accept staff's recommendation, including naming the
park Underwood Park. Kincaid seconded the motion. Motion passed 8-0-0.
PREPARED BY AND RETURN
FILED OR RECORDED COPY TO:
Jeb H. Joyce, Esq.
QUATTLEBAUM, GROOMS & TULL PLLC
4100 Corporate Center Drive, Suite 310
Springdale, Arkansas 72762
479-444-5200
Doc ID: 019620650005 Type REL
: OUITOLAIM DEED
Recorded: 12/22/2020 at 51:08:25 AM
Kind
Fee Amt: $35.00 page 1 of 5
Kyle Sn Sylvester
01.rcURt clerk 1
Kyle Sylvester 000 7
File2020—
QUITCLAIM DEED
KNOW ALL BY THESE PRESENTS:
That Craig Underwood and Laura Underwood, Co -Trustees of the CRAIG AND
LAURA UNDERWOOD REVOCABLE TRUST U/A/D MAY 12, 2015, an Arkansas
revocable trust ("Grantor"), for valuable consideration and charitable purposes, does hereby
forever quitclaim and convey to THE CITY OF FAYETTEVILLE, ARKANSAS, an
Arkansas municipal corporation ("Grantee"), all of Grantor's right, title and interest in and to that
certain tract of land situated in Washington County, Arkansas, and more fully described in
Exhibit A attached hereto and made a part hereof, together with all buildings, structures, fixtures
and improvements located thereon (the "Property").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereunto in anywise belonging unto Grantee, its successors and assigns forever,
in "AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR
WARRANTY WHATSOEVER, EXPRESS OR IMPLIED" condition and subject to all matters
of record or fact and all matters that would be revealed by an accurate ALTA/NSPS survey of
the Property with all Table A options selected.
PROVIDED, the Property shall only be used as a Fayetteville city park for the use and
benefit of the general public, which includes uses incidental to such purpose, such as water or
sewer easements, erosion control measures, stormwater management and any other infrastructure
to serve the park, and in the event Grantee, or its successor or assigns, shall utilize for any
purpose other than the aforementioned uses, ownership of the Property shall automatically,
without any further act or deed and without further consideration pass to the Northwest Arkansas
Land Trust, an Arkansas nonprofit corporation, or its successor in interest, for use in furthering
its exempt function(s) or purpose(s).
Notwithstanding anything contained herein to the contrary, Grantor makes no warranties
or representations regarding claims of adverse possession, boundary by acquiescence, boundary
by agreement or otherwise by third -parties that may exist as a result in any variation or deviation
of any existing fences or other boundary markers that may not be located precisely on the
File Number: 202000047110 Page 1 of 5
boundary line of the Property. Furthermore, Grantor makes no warranties or representations
regarding the rights of third parties to assert easements of necessity to any portion of the
Property.
EXECUTED this loth day of December, 2020.
GRANTOR:
THE CRAIG AND LAURA UNDERWOOD
REVOCABLE TRUST U/A/D MAY 12, 2015,
an A.
By:
Nam
Title
By:
Name: Lau a Underwood
Title: Trustee
-2-
File Number: 202000047110 Page 2 of 5
STATE OF ARKANSAS )
) ss. ACKNOWLEDGMENT
COUNTY OF WASHINGTON )
On this day, before me, a Notary Public (or before any officer within this State or without
the State now qualified under existing law to take acknowledgments), duly commissioned,
qualified and acting, within and for said County and State, appeared in person the within named
Craig Underwood and Laura Underwood (being the person or persons authorized by said trust to
execute such instrument, stating their capacities in that behalf), to me personally well known (or
satisfactorily proven to be such person), who stated that they were the Co -Trustees of THE
CRAIG AND LAURA UNDERWOOD REVOCABLE TRUST U/A/D MAY 129 2015, an
Arkansas revocable trust, and that they were duly authorized in their capacities to execute the
foregoing instrument for and in the name and behalf of said trust and further stated and
acknowledged that they had so signed, executed, and delivered said foregoing instrument for the
consideration, uses, and purposes therein mentioned and set.forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 10th
day of December, 2020.
[SEAL]
JENNY WHITNEY
Notary Public -Arkansas
Washington County
My Commission Expires 01-10-2029
Commission # 12706482
Not "a y Pub i
Prin ed N c ei
My commWsion expires. b
-3-
File Number: 202000047110 Page 3 of 5
EXHIBIT A
[LEGAL DESCRIPTION]
PART OF THE SOUTH 1/2 OF THE NE 1/4 AND PART OF THE N 1/2 OF THE SE 1/4 OF
SECTION 32 AND PART OF THE SW 1/4 OF THE NW1/4 OF SECTION 33 ALL IN
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS,
MORE PARTICULARLY DESCRIBED AS FOLLOW:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 32;
THENCE NORTH 3011'00" EAST A DISTANCE OF 749.36 FEET;
THENCE NORTH 86011'43" WEST A DISTANCE OF 294.45 FEET;
THENCE NORTH 2°41'51" EAST A DISTANCE OF 2,220.36 FEET
TO THE POINT OF BEGINNING.
THENCE NORTH 87023'22" WEST A DISTANCE OF 340.03 FEET;
THENCE SOUTH 2"36'38" WEST A DISTANCE OF 310.29 FEET;
THENCE SOUTH 11°07'26" WEST A DISTANCE OF 85.27 FEET;
THENCE NORTH 87°23'22" WEST A DISTANCE OF 531.73 FEET;
THENCE NORTH 2036'38" EAST A DISTANCE OF 245.00 FEET;
THENCE SOUTH 74" 18'30" WEST A DISTANCE OF 920.33 FEET;
THENCE NORTH 9"01'37" WEST A DISTANCE OF 803.54 FEET TO THE SOUTH LINE
OF CRYSTAL SPRINGS SUBDIVISION PHIII BK PG (0023-00000206). THENCE ALONG
SAID SOUTH LINE
THE FOLLOWING (3) THREE CALLS:
THENCE NORTH 44022'50" EAST A DISTANCE OF 323.97 FEET;
THENCE NORTH 2052' 12" EAST A DISTANCE OF 69.27 FEET;
THENCE SOUTH 87023'56" EAST A DISTANCE OF 1,406.05 FEET;
THENCE LEAVING SAID LINE SOUTH 2035'43" WEST A DISTANCE OF 157.10 FEET;
THENCE SOUTH 87019'28" EAST A DISTANCE OF 296.85 FEET;
THENCE SOUTH 2035'23" WEST A DISTANCE OF 502.06 FEET TO THE POINT OF
BEGINNING, CONTAINING 38.04 ACRES, MORE OR LESS AND SUBJECT TO ANY
EASEMENT OF RECORD OR FACT.
File Number: 202000047110 Page 4 of 5
ARKANSAS REAL PROPERTY TAX AFFIDAVIT OF COMPLIANCE
Grantee (Buyer) Name & Address: Grantor (Seller) Name & Address:
CITY OF FAYETTEVILLE, ARKANSAS CRAIG UNDERWOOD AND LAURA UNDERWOOD,
113 W. Mountain, Street, Fayetteville, Arkansas 72701 CO -TRUSTEES OF THE CRAIG AND LAURA UNDERWOOD
REVOCABLE TRUST U/A/D MAY 12, 2015
P.O. Box 1223, Fayetteville, Arkansas 72702
Date of real property transfer (as reflected on the transfer instrument):
Name of the Arkansas county where the property deed will be filed: Washington County
Amount of the full consideration for the transaction: $0.00
No tax is due: Exemption (check on exemption below)
1. X Transfers to or from the United States, the State of Arkansas, or any of the instrumentalities, agencies, or
political subdivisions thereof.
2. _ Any instrument given in writing to secure a debt.
3. _ Any instrument solely for the purpose of correcting or replacing an instrument that has been previously
recorded with full payment of tax having been paid at the time of the previous recordation.
4. Instruments conveying land sold for delinquent taxes.
5. _ Instruments conveying leasehold interest in land only.
6. _ Instruments, including timber deeds, which convey the right to remove timber for a period not to exceed twenty-
four (24) months.
7. Instruments given by one party in a divorce action to other party to the divorce action as a division of marital
property whether by agreement or order of the court.
8. _ Instruments given in any judicial proceeding to enforce any security interest in real estate when the instrument
transfers the property to the same person who is seeking to enforce the security interest.
9. _ Instruments given to a secured party in lieu of or to avoid a judicial proceeding to enforce a security interest in
real estate.
10. _ Instruments conveying a home financed by the Federal Housing Administration, Department of Veterans
Affairs, or United States Department of Agriculture (USDA) Rural Development, if the sale price of the home is
sixty thousand dollars ($60,000) or less and the seller files with the county recorder of deeds a sworn statement
by the buyer stating that neither the buyer nor the spouse of the buyer has owned a home within three (3) years
of the date of closing and also stating the sale price of the home.
11. _ Instruments conveying land between corporations or between corporations, partnerships, limited liability
companies, or between a business entity and its shareholder, partner or member of a corporation incident to the
organization, reorganization, merger, consolidation, capitalization, asset distribution, or liquidation of a
corporation, partnership, limited liability company, or other business entity.
12. _ A beneficiary deed under ACA § 18-12-60&
13. X Consideration of $100 or less.
14. _ Other (Explain)
I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has
been placed on this instrument. Agent or Grantee Signature: ;� lU w`^" 1 Date: 1 J
ItA
Address:
File Number: 202000047110 Page 5 of 5
97.088 - Signs Prohibited: Exhibit "B"
Exhibit °B'
Parks and Recreation
SUBJECT:
Department Policies and
OPERATIONS POLICY FOR NAMING
CITY OF
Procedures Manual
PARK FACILITIES
TayQt—yl�le
NUMBER
REVISIONS:
EFFECTIVE
PAGE(v�
AN S A S
PRK-
DATE:
1 OF 1
SUPERSEDES
APPROVED BY
NAMING PARK FACILITIES
PURPOSE
The purpose of this directive is to provide policies which will govern the naming of park facilities currently
owned or acquired by the City of Fayetteville. This policy statement takes precedence over any previous
policies and guidelines which may have governed the naming of these facilities.
POLICY
Upon acquisition of a new park, the Director of Parks and Recreation will assign a nondescript temporary
working name or subdivision name for the park facility to be used until park development begins.
Once park development begins, the Parks and Recreation Department will receive and forward park
facility name suggestions to the Parks and Recreation Advisory Board for review. The Parks and
Recreation Advisory Board will discuss and approve the recommendations at their monthly meeting.
Once a recommended name has been selected, the Parks and Recreation staff will forward the name to
the City Council for its final park name selection including a potentially different name.
The following items should be considered when proposing names for any park facilities:
• Geographic location of the facility
• Outstanding features of the facility
• Commonly recognized historical event, group, or individual
• Individual or group who contributed significantly to the acquisition or development of a facility
• Individual who provided an exceptional service in the interest of the park system
For an individual to be considered, the recommended name must be accompanied by a biographical
sketch which provides evidence of historical significance or contributions to the Parks and Recreation
Department or City of Fayetteville.
The naming of plaques, markers, and memorials within park facilities must follow the policies as stated
above.
Note: A name recommendation from the Active Transportation Committee for trail facilities will be required
prior to forwarding to the Parks and Recreation Advisory Board.
(Code 1965. I7A-31; Ord. No. 3677, §2, 3-2-93; Code 1991, §97.088; Ord. No. 5335, 7-20-10;
Ord. No. 5778. 6-16-15; >Ord. No. 5828. § 1(Exh. A). 12-15-15)
Alison Jumper
Submitted By
Acceptance of Land Donation for Right of Way along Deane Solomon Rd
City of Fayetteville Staff Review Form
2023-0375
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/22/2023 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends accepting a land donation for right of way located along Deane Solomon Road, additional access
to Underwood Park and signing associated gift receipt.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $ -
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 251-20
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
03/27/2023
CITY OF
FAYETTEVILLE STAFF MEMO
%PF ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Susan Norton, Chief of Staff
FROM: Alison Jumper, Parks, Natural Resources and Cultural Affairs
DATE: March 22, 2023
SUBJECT: Acceptance of land donation for Deane Solomon Right of Way and Access
to Underwood Park
RECOMMENDATION:
Staff recommends accepting a land donation for right of way located along Deane Solomon
Road, additional access to Underwood Park and signing associated gift receipt.
BACKGROUND:
Mr. and Ms. Underwood are developing a neighborhood along west side Deane Solomon where
the former Razorback Golf course was. As part of that development, the Underwoods identified
approximately 65 acres for a public park. In April of 2020, the Underwoods donated an initial
approximately 35 acres for the park with the intent to dedicate the remaining 30 acres as the
development is completed.
DISCUSSION:
During the design and review process, the need for right of way long Deane Solomon and an
additional park access were identified. The Underwoods have obtained an appraisal and are
ready to donate these areas to the City.
The donation will add right of way to meet the master street plan for Deane Solomon, and the
park access will provide for an entry south of Clabber Creek to the park land.
A Quit Claim deed for the donation has been reviewed by the City's land agents and signed by
the Underwoods and is included. A gift receipt acknowledging the donation is included for the
Mayor's signature.
BUDGET/STAFF IMPACT:
There is no budget impact with this request.
Attachments:
Staff Review Form
Quit Claim Deed
Plat/Map of donated area
Resolution 251-20
Gift Receipt
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
PREPARED BY AND RETURN
FILED OR RECORDED COPY TO:
Jeb H. Joyce, Esq.
QUATTLEBAUM, GROOMS & TULL PLLC
4100 Corporate Center Drive, Suite 310
Springdale, Arkansas 72762
479-444-5200
QUITCLAIM DEED
KNOW ALL BY THESE PRESENTS:
That KTB LIMITED PARTNERSHIP, an Arkansas limited partnership ("Grantor"),
for valuable consideration and charitable purposes, does hereby forever quitclaim and convey to
THE CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation ("Grantee"), all of
Grantor's right, title and interest in and to that certain tract of land situated in Washington
County, Arkansas, and more fully described in Exhibit A attached hereto and made a part
hereof, together with all buildings, structures, fixtures and improvements located thereon (the
"Property").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereunto in anywise belonging unto Grantee, its successors and assigns forever,
in "AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR
WARRANTY WHATSOEVER, EXPRESS OR IMPLIED" condition and subject to all matters
of record or fact and all matters that would be revealed by an accurate ALTA/NSPS survey of
the Property with all Table A options selected.
Notwithstanding anything contained herein to the contrary, Grantor makes no warranties
or representations regarding claims of adverse possession, boundary by acquiescence, boundary
by agreement or otherwise by third -parties that may exist as a result in any variation or deviation
of any existing fences or other boundary markers that may not be located precisely on the
boundary line of the Property. Furthermore, Grantor makes no warranties or representations
regarding the rights of third parties to assert easements of necessity to any portion of the
Property.
EXECUTED this c" day of March, 2023.
GRANTOR:
KTB LIMITED PARTNERSHIP,
an Arkansas limited partnership
By: CRAIG DEVEL ENT, INC., an
Arkansa>//P,or ditCnePa
c :era
LIM
President
-2-
STATE OF ARKANSAS }
) ss. ACKNOWLEDGMENT
COUNTY OF WASHINGTON )
On this day, before me, a Notary Public (or before any officer within this State or without
the State now qualified under existing law to take acknowledgments), duly commissioned,
qualified and acting, within and for said County and State, appeared in person the within named
Craig Underwood (being the person authorized to execute such instrument, stating his capacity
in that behalf), to me personally well known (or satisfactorily proven to be such person), who
stated that he was the President of Craig Development, Inc., the General Partner of KTB
LIMITED PARTNERSHIP, an Arkansas limited partnership, and that he was duly authorized
in his capacity to execute the foregoing instrument for and in the name and behalf and further
stated and acknowledged that he had so signed, executed, and delivered said foregoing
instrument for the consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal thisa'. day
of March, 2023.
[ SEAL /� -
Notary Nblic
Printed Name:
My commission expires: tea.., a 7� o�.D 01-5
Cynthia M. Beil
Washington County
Notary Public - Arkansas
Commission # 12694459
My Commission Expires May 27, 2025
-3-
EXHIBIT A
[LEGAL DESCRIPTION]
BEING a 2.436-acre parcel of land, being part of that certain Tract Split recorded in File 024A-
00000298, Plat Records of Washington County, Arkansas, located in the East 1/2 of Section 32
and the West 1/2 of the Section 33, all in Township 17 North, Range 30 West, Washington
County, Arkansas, and being more particularly described as follows:
COMMENCING at the southeast corner of Section 32; THENCE N 03'11'00" E, a distance of
749.36 feet; THENCE S 86' 11'43" E, a distance of 294.45 feet to the POINT OF BEGINNING;
THENCE N 02°4V51" E, a distance of 1,910.07 feet;
THENCE N 87023'22" W, 339.56 feet; THENCE N 02°36'38" E, 45.00 feet; THENCE S
87023'22" E, 339.63 feet;
THENCE N 02041'51" E, 265.29 feet; THENCE N 02*35'23" E, 502.06 feet; THENCE S
87019'28" E, 32.15 feet;
THENCE S 02036'38" W, 2,723.14 feet; THENCE N 86011'43" W, a distance of 35.35 feet to
POINT OF BEGINNING and containing 2.436 acres of land, more or less.
-4-
AR.KANSAS REAL PROPERTY TAX AFFIDAVIT OF COMPLIANCE
Grantee (Buyer) Name & Address: Grantor (Seller) Name & Address:
CITY OF FAYEITEVILLE, ARKANSAS KTB LIMITED PARTNERSHIP
113 W. Mountain, Street, Fayetteville, Arkansas 72701 P.O. Box 1223, Fayetteville, Arkansas 72702
Date of real property transfer (as reflected on the transfer instrument):
Name of the Arkansas county where the property deed will be filed: Washington County
Amount of the full consideration for the transaction: $0.00
No tax is due: Exemption (check on exemption below)
1. X Transfers to or from the United States, the State of Arkansas, or any of the instrumentalities, agencies, or
political subdivisions thereof.
2. Any instrument given in writing to secure a debt.
3. Any instrument solely for the purpose of correcting or replacing an instrument that has been previously
recorded with full payment of tax having been paid at the time of the previous recordation.
4. Instruments conveying land sold for delinquent taxes.
5. _ Instruments conveying leasehold interest in land only.
6. _ Instruments, including timber deeds, which convey the right to remove timber for a period not to exceed twenty-
four (24) months.
7. Instruments given by one party in a divorce action to other party to the divorce action as a division of marital
property whether by agreement or order of the court.
8. Instruments given in any judicial proceeding to enforce any security interest in real estate when the instrument
transfers the property to the same person who is seeking to enforce the security interest.
9. ___ Instruments given to a secured party in lieu of or to avoid a judicial proceeding to enforce a security interest in
real estate.
10. Instruments conveying a home financed by the Federal Housing Administration, Department of Veterans
Affairs, or United States Department of Agriculture (USDA) Rural Development, if the sale price of the home is
sixty thousand dollars ($60,000) or less and the seller files with the county recorder of deeds a sworn statement
by the buyer stating that neither the buyer nor the spouse of the buyer has owned a home within three (3) years
of the date of closing and also stating the sale price of the home.
11. Instruments conveying land between corporations or between corporations, partnerships, limited liability
companies, or between a business entity and its shareholder, partner or member of a corporation incident to the
organization, reorganization, merger, consolidation, capitalization, asset distribution, or liquidation of a
corporation, partnership, limited liability company, or other business entity.
12. _ A beneficiary deed under ACA § 18-12-608.
13. X Consideration of $100 or less.
14. Other (Explain)
I certify under penalty of false sweari hat d cu st s or a 7umentary symbol in the legally correct amount has
been placed on this instrument.
Agent or Grantee Signature: Date: 3Lwdh3
Address: Pi) am / �.�/61ATe f Y7/X'/1 9d k
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�S
OE FAYETT<�
�RKANSpS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 251-20
File Number: 2020-0775
CITY PARK NAMING - UNDERWOOD PARK:
A RESOLUTION TO NAME THE CITY PARK OF ABOUT 65 ACRES LOCATED ON DEAN
SOLOMON ROAD AS "UNDERWOOD PARK" AS RECOMMENDED BY STAFF AND THE
PARKS AND RECREATION ADVISORY BOARD
WHEREAS, on April 20, 2020, Underwood Development presented to the Parks and Recreation
Advisory Board a 602 multi -family development, including approximately 65 acres for a new
community park in a needed area of town; and
WHEREAS, the Underwood's are contributing significantly to the acquisition of the park by donating
over 57% (38 acres) of the 65.54-acre park to the City. The Park Land Dedication Ordinance places
an average value on park land of $47,130 per acre, which would equal to $1,790,940 in value for the
donated land. A portion of the land donated will include the pond which will be a focal point of the
future park where fishing, hiking trails, and a possible kayak/canoe area will be developed; and
WHEREAS, the Underwood's have a long history of providing exceptional service to the park
system by allowing recreational trails located on their property to connect to the adjacent to Mount
Sequoyah Park which increased the overall recreation value of the park at no charge to the city or
people of Fayetteville; and
WHEREAS, Laura Underwood has served for six years as a member or president of the fundraising
Friends of the Yvonne Richardson Community Center and was named Volunteer of the Year in 2019
by the Arkansas Recreation and Parks Association for her service to Fayetteville; and
WHEREAS, § 97.88(D) of the Fayetteville City Code authorizes the naming of a park facility when
the "honoree has made a significant contribution to the City" or as determined by City Council
Page 1 Printed on 1017120
Resolution 251-20
File Number: 2020-0775
Resolution; and
WHEREAS, the City Council is extremely grateful for the passion and generousity that the
Underwood Family has shown for our Parks and the citizens of the City of Fayetteville, and determine
that their contributions which have provided wonderful assets for our community to enjoy for decades
to come justifies the naming the 65.54 acres as "Underwood Park."
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 thanks the Underwood
Family for their generous donations and names the future City park of about 65 acres located on Dean
Solomon Road the "Underwood Park" in honor of Craig and Laura Underwood and their family in
recognition of their significant contributions to the City and its citizens.
PASSED and APPROVED on 10/6/2020
Attest:
```011111 f i fir'rrr
s"�y•' CtTy •.F '.
c, • O,�1
9 .
•G ;
Kara Paxton, City Clerk Trea far(7 Fq Yf
s
zrir�; ON'Cp; 0'1441
Page 2 Printed on 1017120
OFFICE OF THE MAYOR
March 22, 2023
Mr. Craig Underwood
611 W Dickson St.
Fayetteville, AR 72701
RE: Acceptance of Land
Dear Craig,
This letter is to thank you, as President of Craig Development, Inc., the General Partner of KTB
Limited Partnership, an Arkansas limited partnership, for the generous contribution on March
22, 2023, to the City of Fayetteville, Arkansas (the "City") of the real property (including all
buildings, structures, fixtures and improvements located thereon) described on Exhibit A to this
letter (the "Property"). The City will use the Property for public purposes.
No goods or services were provided by the City in consideration for above -described
contribution.
On behalf of the City, I would like to express deep appreciation for your support.
Sincerel
Lioneld Jordan
Mayor
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov