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Home My WebLink About62-21 RESOLUTIONOF FAYf TT6 V � 4,pKANSpS 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 Tract ;svwn, oyre,.m w donated N the Underwaods +� ' r g Xi� WA , t4CHF., `-PA& 1NP-� / - +wi R0.! •+r ,/ - --- - » ` j,' 8 TRACT: a m• o xe'r t 156T2Y 3 Her 1�' a6Y 6W w b 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 S87. 19' 2eE I � K�f -4 LO r �yi.n5' i ' Y I s �. -� �• 38.04 ACRES • FLOOD PLAIN I � 1 FLOODWAY i z TRAC .L tr . 07 ACRE FLGOvwmY � " � __. � _ I S11. 0-' 26'W _ 12.04 ACRES �85.27' N 339 6 45.00--' - i S87r 23' l2"E 558.)3' r 10 ! ACT 3 2.25 ACRES N } 351.76' i / N8T' 14' 46W 6Q9.40'' *N�st Awl A ( ar co) I WCHV 1 .28 py p `` T 75 3St.33' 58a.49' l , - c n ' T 4 ".. _ 2'W r 141.titj cv Please Respect The Landowners w • m w They graciously provided the City Park Land you are standing on. Parkland License,