18246-A2003084653
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Filed d & d Re Recorded inU v
Official Records of
CAROLYN STRLEY
1 ORDINANCE NO. 18 9246 A t1IT MIN/TTY CLEItl(
2 Fees 414.08
s AN ORDINANCE TO REPEAL LITTLE ROCK, ARK.,
4 ORDINANCE NO. 18,186 (JANUARY 4, 2000), AND
s TO REOPEN CANDLEWOOD DRIVE; AND FOR
6 OTHER PURPOSES.
7 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, had
8 previously vacated and abandoned the right -of -way of a portion of the platted
9 Candlewood Drive that extended from Walton Heights Subdivision, and
10 WIIEREAS, after this action the Board considered a petition to abandon and
11 vacate the balance of the right -of -way from Highway 10 to the portion of Candlewood
12 Drive previously abandoned, subject to public utility, drainage, and access easements
13 in favor of the City being maintained and filed of record by February 15, 2000, and
14 WICREAS, prior to the Board meeting of February 15, these public easements
1s were in fact filed of record, and
16 WHEREAS, notwithstanding this fact, these easements did not include
17 agreements for private access to properties owned by the Char -Beck Trust, which was
18 an interest of the City, but which the City could not necessarily insist upon, and
19 WHEREAS, the Board of Directors was led to believe by the petitioners, and
20 others, that agreement was forthcoming and, further believed that nothing in its action
21 would negatively impact any adjoining or abutting property owner, and
22 WHEREAS, the Board now finds that it was misled on this account, and that the
23 representations made to it that agreement was forthcoming were not accurate, hence it
24 is not in the best interests of the City to close this road under these circumstances, and
25 WHEREAS, on February 15, 2000, Herbert C. Rule, III, of the Rose Law Firm,
26 as attorney for the Char -Beck Trust, appeared before the Board of Directors, to state that
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agreement had not been reached and that this road closure had placed his
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28 unfair disadvantage because of this fact, and
1 WHEREAS, the Board of Directors accepted the offer of the Mayor to discuss
2 the issue with the parties to see if agreement could be reached and if the parties are
3 bargaining in good faith, or if one party is seeking an unfair advantage over the other,
4 and
s WHEREAS, the Mayor met with the parties, was led to believe that agreement
6 was forthcoming if one party agreed to certain drainage and stormwater detention
7 standards, which it did, and that upon such agreement the road should be reopened,
8 but notwithstanding this agreement, the party requesting the road closure has stated
9 that there is no agreement, and the Board believes that as long as this road is closed
10 there never will be agreement, and
I WHEREAS, the Board of Directors specifically finds that the misrepresentation
12 that there was agreement, the failure of the parties to agree despite careful attempts to
13 provide covenants running with the land to meet the expressed desires, the potential to
14 landlock of a major property owner, and other reasons that have been expressed or come
15 to light during the course of these discussions means that it is not, and never was, in the
16 best interests of the City to close this road, and
17 WHEREAS, the City finds that the parties have not materially changed their
18 positions from that of the date of passage of the ordinance, or from February 15, 2000,
19 or from the date of the meeting with Mayor Dailey, or from the time since that meeting
20 when at least one of the parties was out of the country, thus in fairness preventing the
21 City from taking this action sooner,
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
23 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1. Little Rock, Ark., Ordinance No. 18,186 (January 4, 2000) is hereby
25 repealed.
26 Section 2. The Board of Directors of the City of Little Rock, Arkansas, finds
27 that while the petitioners for the closure of this portion of Candlewood Drive had filed
28 of record the easements that met the City's requirements for drainage, public utility, and
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1 WHEREAS, the Oard of Directors directed the Attorney to draft an 4�
2 ordinance that repeals the earlier closure of this portion of Candlewood Drive,
3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
4 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
s Section 1. Little Rock, Ark., Ordinance No. 18,186 (January 4, 2000) is hereby
6 repealed.
7 Section 2. The Board of Directors of the City of Little Rock, Arkansas, finds
s that while the petitioners for the closure of this portion of Candlewood Drive had filed
9 of record the easements that met the City's requirements for drainage, public utility, and
to access easements, these easements did not meet the needs of private property owners to
11 property in the Char -Beck Trust properties for access to their property, and that without
12 such an easement in place, the Board does not believe the petitioners have met the test
13 that the remaining portion of the right -of -way of Candlewood Drive is no longer needed
14 for corporate purposes.
15 Section 3. The Board finds that there has been no change of circumstances of
16 the parties as of the date of this repeal, and further fords that Little Rock, Ark.
17 Ordinance No. 18,186, had not been filed of record or published prior to February 15,
18 2000, and therefore is properly subject to repeal.
19 PASSED:. April 4, 2000
20 ATTEST: APPROVED:
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22
23 C1`.TY :CLisR T CY 4i00D Ji alley, Mayor
24 APPROVED AS TO LEGAL FORM:
25
26 <46's ra` a ° &A-. 27 Thomas M. Carpenter, CityAttorney
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