At Monday’s council meeting, aldermen asked City Attorney Tim Weaver to prepare a summary describing the process of how a property is gifted to Parks; specifically, the donated acreage now being used to launch bike riders from the shuttle at the top of Lake Leatherwood gravity bike trails.
In October 2018 the property described came from the Walton Foundation through the Bentonville/Bella Vista Trailblazers’ Association, Inc., who gifted the City of Eureka Springs four parcels of land that adjoin Lake Leatherwood City Park.
The property was not annexed into the city’s municipal limits and has not been approved by ordinance to add to the inventory of public lands that Parks may maintain and improve, i.e., Lake Leatherwood. But because it has trails through it into the abutted park, Weaver said it is considered part of the park.
He provided no written opinion but stated that deeds transferring title to the city typically have terms that dictate the purpose of the property.
Alderman Bob Thomas said that the deeds have no mention of Lake Leatherwood as they only restrict usage to pedestrian walking, hiking, jogging, cycling and other human-propelled uses. Weaver admitted that he had not read the recorded deeds but would likely not change his mind that the land is considered part of Lake Leatherwood.
Alderman Melissa Greene said she believes it was in the original plan to annex the property properly and add it to Lake Leatherwood. “But I don’t feel we have legally done this, and I would like to have the city explore doing this. What I feel would be right and putting it in there so there is never any doubt or [we] will not end up in a lawsuit because of it. I just don’t think we’ve done all the steps. If we haven’t, I feel we need to take the proper steps to put it into the park.”
Mayor Butch Berry said that a gifted property does not have to be annexed to be part of the park saying, “There also seems to be a misconception that just because the city has a property doesn’t mean it has to be annexed.”
“To the best of my knowledge we have not done anything improper,” Weaver said. “If someone believes we have done something, I don’t want to invite a lawsuit, but that’s what lawsuits are usually about.”