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HomeMy WebLinkAbout62-21 RESOLUTIONOF FAYf TT6
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 62-21
File Number: 2021-0092
PARK LAND LICENSE AGREEMENT FOR UNDERWOOD PARK:
A RESOLUTION TO APPROVE THE ATTACHED PARK LAND LICENSE AGREEMENT
WITH KTB LIMITED PARTNERSHIP FOR APPROXIMATELY 17.26 ACRES ADJOINING
UNDERWOOD PARK WEST OF DEAN SOLOMON ROAD TO BE USED BY THE PUBLIC
FOR RECREATIONAL PURPOSES
WHEREAS, on April 6, 2020 Underwood Development presented a multi -family development for
approval and donated approximately 65 acres for a new community park; and
WHEREAS, on October 6, 2020 the City Council approved Resolution No. 251-20 naming the park
Underwood Park; and
WHEREAS, the 17.26 acres in the proposed license agreement is composed of lots 2 and 3 which
will be future park land to be dedicated as later phases are developed; and
WHEREAS, the City is responsible for constructing and maintaining a 54 inch high fence along the
purple line as shown on Exhibit B to this agreement with up to four lockable gates and for operating,
maintaining and securing the land as a public park according to the considerations and terms outlined in
the agreement.
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
Park Land License Agreement with the KTB Limited Partnership, for approximately 17.26 acres
Page 1 Printed on 2H9121
Resolution: 62-21
File Number: 2021-0092
adjoining Underwood Park, and authorizes Mayor Jordan to sign the Park Land License Agreement.
PASSED and APPROVED on 2/18/2021
Attest:
.�` GCE• K � ;S'F�i
=.`may•' GITY�•:9J'%
Kara Paxton, City Clerk Treasuf-jr ICE
NSN
Page 2 Printed on 2119121
=- City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
1777,
Text File
File Number: 2021-0092
Agenda Date: 2/16/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.9
PARK LAND LICENSE AGREEMENT FOR UNDERWOOD PARK:
A RESOLUTION TO APPROVE THE ATTACHED PARK LAND LICENSE AGREEMENT WITH
KTB LIMITED PARTNERSHIP FOR APPROXIMATELY 17.26 ACRES ADJOINING UNDERWOOD
PARK WEST OF DEAN SOLOMON ROAD TO BE USED BY THE PUBLIC FOR RECREATIONAL
PURPOSES
WHEREAS, on April 6, 2020 Underwood Development presented a multi -family development for approval
and donated approximately 65 acres for a new community park; and
WHEREAS, on October 6, 2020 the City Council approved Resolution No. 251-20 naming the park
Underwood Park; and
WHEREAS, the 17.26 acres in the proposed license agreement is composed of lots 2 and 3 which will be
future park land to be dedicated as later phases are developed; and
WHEREAS, the City is responsible for constructing and maintaining a 54 inch high fence along the purple line
as shown on Exhibit B to this agreement with up to four lockable gates and for operating, maintaining and
securing the land as a public park according to the considerations and terms outlined in the agreement.
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 Park Land
License Agreement with the KTB Limited Partnership, for approximately 17.26 acres adjoining Underwood
Park, and authorizes Mayor Jordan to sign the Park Land License Agreement.
City of Fayetteville, Arkansas page 1 Printed on 2(1&2021
City of Fayetteville Staff Review Form
2021-0092
Legistar File ID
2/16/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Connie Edmonston
PARKS & RECREATION (S20)
Submitted By Submitted Date Division / Department
Action Recommendation:
2/1/2021
Resolution to approve a Park Land License Agreement with KTB Limited Partnership for approximately 17.26 acres
that adjoins 38.04 acres in Underwood Park located west of Dean Solomon Road to be used by the public for
recreational purposes.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Current Budget $ -
Funds Obligated $ -
Current Balance L $ -
Does item have a cost? Item Cost
Budget Adjustment Attached? Budget Adjustment
Remaining Budget $ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 251-20/6334
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 16, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
CITY COUNCIL MEMO
FROM: Connie Edmonston, Parks and Recreation Director
DATE: February 1, 2021
SUBJECT: Resolution to approve a Park Land License Agreement with KTB Limited
Partnership for approximately 17.26 acres that adjoins 38.04 acres in Underwood Park located
west of Dean Solomon Road to be used by the public for recreational purposes.
RECOMMENDATION:
Resolution to approve a Park Land License Agreement with KTB Limited Partnership for
approximately 17.26 acres that adjoins 38.04 acres in Underwood Park located west of Dean
Solomon Road to be used by the public for recreational purposes.
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. 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.
On October 6, 2020, Resolution 251-20 named the future park "Underwood Park" for the
Underwood's significant contribution to the park and long history of providing exceptional
service to the park system and city. On December 10, 2020, Craig and Laura Underwood
donated the first tract of Underwood Park totaling 38 acres to the City.
DISCUSSION:
Underwood Park will eventually be composed of 65.54 acres. The initial donation of 37.5 acres
will be followed by individual land dedications based on individual development milestones for
PLD totaling approximately 27.5 acres. Craig and Laura Underwood, known as KTB Limited
Partnership, offered to allow the City to utilize a part of the future park land for recreational
purposes at no cost to the City. The 17.26 acres in the proposed license agreement is
composed of lot 2 and 3 which will be future park land to be dedicated as later phases are
developed. The large pond area in lot 5 will be dedicated after completion of the multi -family unit
and pond modification for stormwater requirements and is not included in this license
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
agreement. Lot 11 and a portion of Lot 4 called the "Cart Path Tract" are also included in this
license agreement. See map below.
There is no financial consideration for this agreement. The City is responsible for operating,
maintaining and securing the land as a public park according to the considerations outlined in
this agreement. In addition, Parks is responsible for building 2,300 feet of 4-strand wire fence
and providing signage to separate and secure the 17.26 acres and park land from the private
property to the south. Fees may not be charged for use of the Park Land Tracts. Organized
group and competitive events are allowed with reasonable entry fees and all profit for the events
shall be used by Parks and Recreation or distributed to federally tax-exempt charitable
organizations. Use of the Park Land Tracts follows the regulations of the parks such as opening
and closing at sunset, pets on leash, no smoking, and no firearms. No overnight camping is
allowed. This agreement may be terminated by either party for any one or more of the Park
Land Tracts upon thirty -days written notice to the other party.
BUDGET/STAFF IMPACT:
Maintenance cost will be absorbed in the annual general maintenance budget. Estimated cost
to provide fencing and signage is $8,000. Maintenance of the trail and park area is expected to
cost $3,000/year.
Attachments:
Park Land License Agreement
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PARK LAND
LICENSE AGREEMENT
This Park Land License Agreement ("Agreement") is made and effective this J day
of� by and between KTB Limited Partnership, ("KTB"), an Arkansas
limited partnership, and the City of Fayetteville ("Fayetteville").
RECITALS
KTB purchased a tract of undeveloped real estate in the City of Fayetteville of
approximately 128 acres, which is more specifically described on attached Exhibit A hereto (the
"Parent Tract"). The Parent Tract is under development by KTB through processes with
Fayetteville which will probably result in substantial acreages being contributed to Fayetteville
over time for park land to satisfy Fayetteville's development requirements. KTB has already
contributed 38.04 acres of the Parent Tract to Fayetteville which is shown attached Exhibit B as
Tract 1 of 38.04 acres. Much of the remaining Parent Tract is presently suitable for public use as
a park, including its use on existing open grassed areas, golf cart paths and rustic trails by the
general public for walking, jogging, bicycling, picnicking, outdoor games and other similar,
park -based recreational activities. Fayetteville desires to presently have this expanded park
resource, and KTB desires to make four separate tracts thereof, identified on Exhibit B as Tract
2 of 12.04 Acres, Tract 3 of 3.15 acres, the Cart Path Tract, and Tract 1 I of 2.07 acres (together
the "Park Land Tracts"), 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, pending its use for other purposes, or
dedication to Fayetteville to satisfy Fayetteville's development requirement for park land
contributions. 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:
I. License: Fayetteville, as more specifically agreed herein, is granted license by
KTB to possess, maintain and operate the Park Land Tracts as Fayetteville public parks for
recreational purposes open to and used by the general public for the term of this Agreement.
Fayetteville shall have access to and possession and custody of the Park Land Tracts during the
term of this Agreement to operate and maintain them as well as to provide police, fire and other
city services required on the Park Land Tracts. Fayetteville may alter or improve the licensed
area as necessary for its use as a park during the term of this Agreement and may also raise and
bale hay on the Park Land Tracts, provided no permanent improvements shall be made to that
portion of the Park Land Tracts identified on Exhibit B described as the "Cart Path Tract" or
"Tract I I" except to improve or replace the existing cart paths.
2. Term: This License may be terminated by either parry, with or without cause,
with respect to any one or more of the Park Land Tracts upon thirty (30) days written notice to
the other party. Upon termination with respect to any Park Land Tract, Fayetteville shall
promptly remove all signage installed by it thereon and return the Park Land Tract in
substantially the same condition licensed hereunder, however with all permanent additions and
improvements made by it during this License intact. The Termination of this License as to less
than all of the Park Land Tracts shall leave this License in force as to the remaining Park Land
Tracts.
3. Consideration: There shall be no financial consideration due from Fayetteville to
KTB for this License, provided Fayetteville performs these covenants at all times during this
License:
3.1 Fencine: Fayetteville shall promptly upon the execution of this
Agreement install on Park Land Tracts and thereafter maintain a 54" high, four-
strand wire fence anchored to steel T-posts every 17 feet, augmented as necessary
by treated wooden posts and bracing, along the eastern and southern boundaries of
the combined Park Land Tracts as reflected by the purple line in Exhibit B.
Fayetteville shall install up to four lockable gates through such fencing as
requested by KTB so KTB can access the Park Land Tracts from the Parent Tract.
3.2 Signase: Fayetteville shall post permanent and conspicuous signs in the
format of Exhibit C, "Park Boundary Signs", at approximately fifty -foot intervals
along the fencing required in Section 3.1 above, facing the Park Land Tracts, to
preclude users from leaving the Park Land Tracts onto non -licensed areas of the
Parent Tract.
3.3 Maintenance: Fayetteville shall maintain the Park Land Tracts in
substantially their current or better condition including but not limited to picking
up trash and litter; maintaining the installed fencing; maintaining current trails,
walks, and pedestrian bridges, preventing and repairing circumstances of erosion
and hazard, mowing grassy areas, clearing fallen trees and other impediments and
hazards; and enforcing the "Conditions of the License" set forth in paragraph 4
below. Fayetteville shall in addition maintain the Park Land Tracts in a clean
condition, eradicating and suppressing honeysuckle and other growths that impede
its intended use as a Park.
3.4 Patrol: Fayetteville shall provide an appropriately trained, experienced, and
responsible Fayetteville employee to patrol each part of the Park Land Tracts not
less frequently than monthly to observe conditions and compliance with this
License and shall report any non -complying conditions or circumstance to KTB.
3.5 Fees: Except as specifically otherwise provided herein, no fees may be
charged for use of the Park Land Tracts.
3.6 Events: Organized group or competitive events, such as but not limited to
walk-a-thons, foot races, concerts, bicycle races, and group walks may be
permitted or sponsored by Fayetteville. Fayetteville may control access to and use
of the Park Land Tracts 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 Park
Land Tracts, (b) protection of the Park Land Tracts, and (c) protection of the
adjacent Parent Tract from effects of such events.
4. Conditions of the License: Fayetteville shall operate the Park Land Tracts
subject to these Conditions:
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
sail.
4.3 All pets must remain on a leash and their solid waste carried offsite.
4.4 No firearms on the Park Land Tracts.
4.5 Motorized vehicles are prohibited except for Fayetteville maintenance
equipment or patrol vehicles.
4.6 The Park Land Tracts are inherently rustic and potentially dangerous due
to rough surfaces, grades, bodies of water, lack of guardrails or warning
signs, limitation on visibility and other factors, and all users shall assume
all risk and responsibility for their use thereof,
4.7 Except as installed by Fayetteville, no temporary or permanent structures
of any kind, including tents, lean-tos, teepees, arbors, or tarps shall be
erected or maintained on the Park Land Tracts.
4.8 No smoking, including vaping.
4.9 No littering, including cigarette butts.
4.10 No fires.
4.11 No alcoholic Beverages, except as duly permitted through regulatory
authorities in conjunction with Fayetteville approved events.
IN WITNESS WHEREOF, the parties have caused this License Agreement to be signed
and effectivehe date first set forth above:
City o F tievill KTB Limited Partnership
BY. By Craig DeveWment, Inc., General
Partner 11 A /i /?
IW
M.
ni
President
EXHIBIT "A" PARK LAND LICENSE AGREEMENT KTB LIMITED PARTNERSHIP TO CITY OF
FAYETTEVILLE
TRACT 1 (PARCEL #765-16658-021, PARCEL #765-24095-000, PARCEL #765-15865-000, PARCEL
#765-24102-000, PARCEL #765-16658-000, PARCEL #765-16657-002, PARCEL #765-16657-000)
A PART OF THE EAST HALF OF SECTION 32 AND A PART OF THE WEST HALF OF SECTION 33,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND 3/8" REBAR BEING
THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 32 AND RUNNING THENCE N87027'18"W 776.76' TO A SET 1/2" REBAR, THENCE NO2°31'33"E
1555.97' TO A SET 1/2" REBAR, THENCE N12°21'28"W 456.73' TO A SET 1/2" REBAR, THENCE
N87014'46"W 207.73' TO A SET 1/2" REBAR, THENCE NO2°45'14"E 649.54' TO A SET 1/2" REBAR,
THENCE N69047'21"E 47.68' TO A SET 1/2" REBAR, THENCE N53°40'33"E 150.23' TO A SET 1/2" REBAR,
THENCE N84'12'39"E 284.06' TO A SET 1/2" REBAR, THENCE N86012'19"E 61.89, TO A SET 1/2" REBAR,
THENCE N65048'05"E 418.87' TO A SET 1/2" REBAR, THENCE N81042'20"E 305.70, TO A SET 1/2"
REBAR, THENCE N61 °57'52"E 305.93' TO A POINT IN EXISTING DEANE SOLOMON ROAD, THENCE
S02036'38"W 2468.18' IN SAID ROAD, THENCE LEAVING SAID ROAD N86°11'43"W 329.80' TO A FOUND
60D NAIL, THENCE S0301 i'57"W 749.11' TO THE POINT OF BEGINNING AND CONTAINING 76.54
ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP
17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87°27'18"W 604.2 F AND
N02039'52E 170.68' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING
THENCE N02039'52"E 551.27', THENCE S86°06'13"E 326.25', THENCE NO2°43'46"E 40.00', THENCE
S86006'13"E 128.41', THENCE S0204346"W 38.30', THENCE S30°38'05"W 535.50', THENCE S73036'46"W
215.19' TO THE POINT OF BEGINNING. CONTAINING IN ALL 3.89 ACRES, MORE OR LESS, SUBJECT
TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
TRACT 2 (PARCEL #765-16658-011)
A PART OF THE EAST HALF OF SECTION 32 AND A PART OF THE SOUTHWEST QUARTER OF
NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT A FOUND 3/8" REBAR BEING THE SOUTHEAST CORNER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32 AND RUNNING THENCE N87027'18"W
776.76' TO A SET 1/2" REBAR, THENCE NO2-31'33"E 1555.97' TO A SET 1/2" REBAR, THENCE
N 12021'28"W 456.73' TO A SET 1/2" REBAR, THENCE N87014'46"W 207.73' TO A SET 1/2" REBAR BEING
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE N87014'46"W 934.29' TO A
FOUND 1/2" REBAR, THENCE NO3°19'05"W 658.23' TO A FOUND 1/2" REBAR, THENCE N00'43'22"E
310.72' TO A FOUND 1/2" REBAR, THENCE N81011'30"E 239.40' TO A FOUND 1/2" REBAR, THENCE
N44022'50"E 726.00' TO A SET 1/2" REBAR, THENCE NO2°52'12"E 69.27' TO A FOUND 3" ALUMINUM
MONUMENT, THENCE S87°23'56"E 1406.05' TO A FOUND 1/2" REBAR WITH CAP, THENCE
S02`35'43" W 157.10' TO A SET 1/2" REBAR, THENCE S87°19'28"E 330.00' TO A POINT IN THE EXISTING
DEAN SOLOMON ROAD, THENCE S02°36'38"W 254.96' TO A POINT IN SAID ROAD, THENCE LEAVING
SAID ROAD S61057'52"W 305.93' TO A SET 1/2" REBAR, THENCE S81°42'20"W 305.70, TO A SET 1/2"
REBAR, THENCE S65°48'05"W 418.87' TO A SET 1/2" REBAR, THENCE S86°12'19"W 61.89' TO A SET
1/2" REBAR, THENCE S84°12'39"W 284.06' TO A SET 1/2" REBAR, THENCE S53°40'33"W 150.23, TO A
SET 1/2" REBAR, THENCE S69047'21"W 47.68' TO A SET 1/2" REBAR, THENCE S02°45'14"W 649.54, TO
A SET 1/2" REBAR, TO THE POINT OF BEGINNING AND CONTAINING 52.00 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
FXHIBIT r'B" TO PARK LAND LICENSE, KTB LIMITED PARTNERSHIPTO CITY OF FAYETTEVILLE
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Please Respect
The Landowners
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provided the City Park
Land you are standing on.
Parkland License,