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HAL JOSEPH KEMP, P.A.
ATTORNEY AT LAW
SUITE 1300
111 CENTER STREET
LITTLE ROCK, ARKANSAS 72201
TELEPHONE
(501) 372-7243
April 29, 2009
Hand Delivered
Ms. Donna James
Planning
City of Little Rock
Markham Street
Little Rock, Arkansas 72201
RE: Valley Falls Estates Deferral of half street
Improvements
Your file number s-1280-M
Dear Donna:
TELECOPIER
(501) 372-5553
I read the Staff Update set forth on Item A for the April 30, 2009 Commission meeting,
and I did not see where the Staff Recommendation included that Rick and Deanna
Ferguson, along with VFE, Inc, are to be relieved of any obligation, now or in the future,
for construction of street improvements or for further dedication of street right of way
pertaining to the LaMarche extension through their property. Certainly releasing the
Fergusons from such obligations is a critical component of the comprehensive resolution
of this item.
Please confirm that after the right of way grant by VFE, Inc. and the Fergusons, both will
be relieved of and for any further construction or right of way obligation. To fully
document our understanding I have drafted and enclose herewith an Agreement for
approval by the Commission and adoption by the City.
Please circulate this draft for review and let me know whether or not it accurately reflects
everyone's understanding concerning the matter. Please note that I will have to insert the
April 29, 2009
Page 2
legals upon receipt of same from Joe White, Jr., but the form of Easements are attached
to the Agreement as Exhibit "A".
Please advise.
Sine r ly,
Hal Joseph mp, P.A.
HJK/hjk
HAL JOSEPH KEMP, P.A.
ATTORNEY AT LAW
SUITE 1300
III CENTER STREET
LITTLE ROCK, ARKANSAS 72201
TELEPHONE
(501) 372-7243
March 9, 2009
Mr. Steve Beck
Director
Public Works
City of Little Rock
Public Works Administration
701 West Markham, Suite 100
Little Rock, Arkansas 72201
RE: S-1280-M Valley Falls Estates Collector Street Deferral.
Dear Mr. Beck:
TELECOPIER
(501) 372-5553
On March 4, 2009, a special sub -committee of the Planning Commission conducted a
meeting to discuss potential solutions to issues presented by the above referenced matter.
Please know that I represent VFE, Inc., the owner of the lands which are the subject of
the referenced matter, as well as Rick and Deanna Ferguson, who own the lands situated
on the west side of the contemplated route for the proposed extension of LaMarche Drive
northward to Taylor Loop Road.
In that capacity, please be advised that VFE, Inc. accepts the Planning Commission's
requested deferral of the referenced matter to April 30, 2009. Also in that capacity, please
be advised that with the ambition of resolving a dispute between VFE, Inc. and the City,
but without waiving any rights or remedies, both VFE, Inc. and the Fergusons are willing
to engage in meaningful negotiations toward an agreement that would result in right of
way dedications by both VFE, Inc. and the Fergusons in exchange for an agreement with
the City that the City would thereafter construct, at its expense, the required street
March 9, 2009
Page 2
improvements necessary to extend LaMarche Drive north from its current terminus to a
point of intersection with Taylor Loop Road.
Obviously neither my clients nor the City are bound by the expressions herein made or by
any tentative agreements hereafter made by them as part of their continuing negotiations
toward a settlement acceptable to all parties, until and unless a final and full agreement is
reached, documented, approved as required and then executed.
Nevertheless we look forward to working through these matters with the Planning
Commission, its staff, you and your staff and all other interested parties.
Si e ely,
HAL JO E H K. P, P.
HJ"k
CC. Mr. Vince Floriani
Mr. Dana Carney
Ms. Donna James
Mr. Mike Hood
Mr. Jeff Yates
Mr. Bill Rector
Mr. Troy Laha
Completion of LaMarche from its current Northern terminus to Taylor Loop Road.
Current situation:
Valley Falls Estates (VFE) developer is obligated to construct the W 1/2 of LaMarche from
its current N terminus to the north line of the VFE development.
Advantages to City:
1/2 of road constructed at no cost to City
Advantages to developer:
None (VFE will not access LaMarche)
Advantages to neighbors:
None
Disadvantages to City:
Only 1/2 of road built and it would lead to a dead end
Typical City experience is that this dead end 1/2 street will attract undesirable activity
(loitering, loud noises) causing complaints from neighbors.
Constructed 1/2 street will likely not be maintained and will deteriorate awaiting
construction of the rest of LaMarche between current N terminus and Taylor Loop.
It is unlikely that the ROW for E 1/2 will be dedicated any time in the foreseeable
future since the property adjacent on the east is likely to continue to be used as large tract
single-family.
ROW for LaMarche N of Valley Falls is also not currently dedicated. The W 1/2 may
be dedicated in the reasonably near term future as it is on property owned by the VFE
developer who is holding it for future development. The E 1/z of this portion is as unlikely to
be developed as the large tract single-family land to the south.
ROW for E 1/2 for the entire length will have to be condemned
The condemnation process will likely be drawn out and expensive both in terms of
money (for acquisition and legal costs) and staff resources.
Disadvantages to Developer:
Same problems as other neighbors cited above
Cost of construction
Disadvantages to neighbors:
Suffer condemnation of part of their property against their will
Costs to prosecute legal action
Street constructed closer to houses
Certain improvements (guesthouse, pool, etc) will be destroyed
Property devalued as a result of all of above
Proposal crafted by the Committee and developer:
Valley Falls Developer would dedicate the entire ROW (both halves) for LaMarche
between its present northern terminus and Taylor Loop Road.
City will construct LaMarche as resources become available
If Developer elects to develop his property between VFE and Taylor Loop prior to
construction of LaMarche by City, Developer will still be obligated for the cost of
developing 1/2 of LaMarche north of VFE.
Advantages to City:
City would be in control of the entire ROW needed to construct LaMarche to
connect it from its current north terminus and Taylor Loop Road.
ROW would be obtained at no cost to the City
There would be no need to acquire property for the E 1/2 of the ROW, thus avoiding
a likely messy and expensive condemnation process
City will not be forced to police a likely loitering spot
Street improvements will not be constructed until the total project can be
accomplished and maintained
Advantages to Developer:
No construction expense unless developer elects to develop the northern tract prior to
the construction of LaMarche by the City
No loitering spot behind VFE
Advantages to neighbors:
No condemnation of part of their property
No destruction of guesthouses, pools, etc
No loitering behind their houses
Page 1 of 1
James, Donna
From: Hal Joseph Kemp [HalJosephKemp@att.net]
Sent: Tuesday, March 02, 2010 9:02 AM
To: James, Donna
Subject: VFE to City Lamarche right of way easement
Donna:
In compliance with its agreement with the City of Little Rock, VFE, Inc. has granted the City a street
right of way easement for the LaMarche Extension. A true and correct copy of this easement filed for
record on the 1st day of March, 2010 and recorded as Instrument Number 2010011048 in the Office of
the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas is attached hereto for your files.
Sincerely,
Hal Joseph Kemp
Hal Joseph Kemp, P.A.
Attorney at Law
Suite 1300
111 Center Street
Little Rock, Arkansas 72201
501-372-7243
This email, and any attachments hereto, is intended only for use of the addressee(s) and may contain
legally privileged and or confidential information. If you are not the intended recipient of this email, you
are hereby notified that any use, dissemination, forwarding, distribution, printing or copying of this email
is strictly prohibited. If you believe you received this email in error, please immediately notifiy me by
telephone and permanently delete the original and any copies of same. Thank you.
S, Iz8a--/Y,)
3/2/2010
20100110,48 3 2 44 27 "
Recorded in Off..clil R> CC`Cs Of PAT "s'SPIE�
ees SEE 013
Mis insrrryrment prepared by;
11 #1..ii}SEM KEEP, N.A. itii.'R a 8084
irnr ntvs at Law
1 a t Venter 14reel. huhe 13H
1iMe Rack AR 72201
(401) 3-2 7233
STREET T RIGHT-OF-WAY EASEMENT
10;OW AM, BEEN BY THESE; PRESENTS:
Chat V E. Inc- an Arkansas Corporation. a4ting by and through its dui
authorized and empowered corporate officer, for and in consideration of the: agreements
made and entered into bz and bet-vveen VI`1=:, Inc. and the ('itv of Little Ruck, Arkansas as
rAcoted in City of Little Rock lh dinance No. 20.155 i'be:ing filed cif record on the '8�
day of September_ 2010 and recorded as Instrument Number 2009065519 in the Office of
the Circuit Clerk and Ex-(Y icio R,:corder of Pulaski ("ounty, Ari ansas and for other
good and valuable consideration including the benefits accruing to it and to the: public
gencrallr', the sufficiency of all of which is hereby acknowledged, doers, subject to all
matters of record. hereby grant to the City of little Rock.Arkansas. an Arkansas
municipal corporation and city of the first class_ and dedicate to the public_ a perpetilal
easement for the purpose of the; Cit-N of Little: lock constructing in its discretion and
thereafter operating and maintaining a public street and relattd imprm-cmenLs fOr the
public's vehicular and pedestrian Lraff c tuad travel as a public strect on, over. across and
under a strip of land out ofthe: Valied• Falls Estates Tray ,t situatcd in the COUTIO, of Pula`;L"
and State of Axkansas, more particularly described as follo%vs. to-1-vit:
The East 60 00 feeLt of file Nh`• kS%X'`. Section 24. To%�,,, hip 2 Nmlll_
Rartp-c 14 West, Pulaski County, Arkansas, more particul.arl,,- described its
�1CCYtl.1t: ��t'�1.:1_8f3FAi'C}1cRF�C.)1K'aS taCd�3i:3ftlFT/i�i��'M])t
follow- Rew'trintng at the Southew;t comcr of said \F I ..SLR'= ,.. Se,:bo n 2 4:
thance North Wcst along the South lute of said NE,dSE1 '
60,00 feat_ thence North 01 `2'11- mast aloes-Y a line 60.00 fe:;t wcst of
and parallel to the cap t line or said 80 fz;et to a print oil
tile north ling: of said tiT:'.SW4 thence Soudi 89 22'17" East along said
north line, 60-02 feet to Lhc Northeast earner of said t.hctioc
South 01`,32'11- West alone the east line of said N-E' 4S%V' , 1324_27 feet
to the point of beginning. ALI, AS MOUX, PARTICI-VALR1 Y DF-PIC"1'FD
ON EXHIBIT "A ATTACHED HLRF:'fC) Al —D MADE A PART
ITt~,REOF BYTHIS REFERENCE
TO HAVE A\I D TO kIC3LD the same unto the said of Little Dock, Arkansas.
and unto its successors and assigns, .for the purposes of a public street.
Ni TFSTLMONO WHEREOF, dts Ilauc of thu Grantor is hereunto :xcd by tt:
dzalcrrid and authorirc:d corpIgate OMCv'r On this f clay 4f
1010.
t l %, Inc., am : kastsas c�y�P91ation.
- f
BY
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'l'ITI- v
., 2-
5+..^�fti' �'E�l•:1.amarch;#Zi{[it[oFL3ab[?edts:�ivs:�:rrs�arl
Easement:
A C KNOW LE D GNI E N T
STATE C)F,U�,'KANSAS)
COINTN'OF PVLASI�
On atis day o: rric a Notar.� Public- duly
OMMISSUMud dlficd -d acting. uithin and for the CmIlLand Stag. afor-sa1k1 apr?carcdhin
T)crSOB fllc
to trio; personally )wIl knovm, ho �,,alkA float
hi: was Jle
President. ofNTE, Inc , an Askansas ;;c,,-poration, and ,vas Jul% authorrs cd in hls to
forcgoing -11107- C% ar
, instrument for and in L�c name ud behalf of the said cvrrnpaw�. and 1W StA I ld
uk-nov,ledecd that tic had so Signed, t;\cQuted and delivmd satd ff)rcgolm- Imilmllunt for the
cousidc,ratlon, usva and purposes therein mentioned and set lorth
N TESTIM().KY I have hcreulliv set MY hrd and swat da.v of
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tit Commissim Upid-
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2009065519 Received: 9/28/2009 9:32:46 AM
Recorded: 09/28/2009 09:49:42 AM Filed &
Recorded in Official Records of PAT O'BRIEN.
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $20.00
ORDINANCE NO. 20,155
AN ORDINANCE TO AMEND CHAPTER 30 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PROVIDE FOR
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION FOR LAMARCHE DRIVE
AND WAIVER OF BOUNDARY STREET ORDINANCE REQUIREMENTS FOR
VALLEY FALLS ESTATES SUBDIVISION; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1. That Chapter 30 of the Code of Ordinances is amended to provide for a waiver of certain
requirements within the Master Street Plan along LaMarche Drive extension for Valley Falls Estates
Subdivision located south of the future intersection of LaMarche Drive and Taylor Loop Road.
Subsection a. Chapter 30 Article VI requiring developers to construct roadway improvements
to the requirements of the Master Street Plan will be waived along the proposed LaMarche Drive
extension adjacent to Valley Falls Estates Subdivision. The specific waiver is from constructing
the western one half of LaMarche Drive to collector street standards across the entire frontage of
Valley Falls Estates as previously required by Ordinance #18,299.
Subsection b. The specific waiver required conditions are:
1. Rick Ferguson and Valley Falls Estates, Inc. agree to donate 60 feet of rigb -of-wayr for
LaMarche Extension across the Valley Falls Estates Tract and across the No
Loop Road;
2. The City of Little Rock forever releases Valley Falls Estates, Inc.
construct half street improvements on the Valley Falls Estates Tract;
"WM111
++u1a111%
3. The City of Little Rock, at its expense and at its sole discretion, agrees to build the LaMarche
Extension from Taylor Loop Road through the North Tract and Valley Falls Estates Tract to its
intersection with LaMarche Drive as presently constructed, subject to items 4 and 5;
4. With regard to the North Tract, Rick Ferguson agrees that if he or his successor in title to the
North Tract seeks to develop the North Tract before the City of Little Rock has actually built the
LaMarche Extension through the North Tract, then the developer of the North Tract shall, at its
[PAGE 1 OF 2]
r
1 sole expense, build that portion of the half street improvements on the North Tract not then
2 constructed and thereby relieve the City from so doing. It is recognized by all parties that the
3 Developer may seek to negotiate to build some portion of the full street improvements rather than
4 the entire half street;
Z
6 5. Assuming that a final plat of Valley Falls Estates submitted to the City of Little Rock
7 complies with all of the City of Little Rock requirements other than the construction of the
8 LaMarche Extension, the City agrees to approve such final plat, even though the LaMarche
9 Extension improvements may not have been constructed by the City of Little Rock at the time of
10 such final plat approval;
11
12 6. Future development to properties adjacent to the new 60 foot right-of-way, excluding the
13 current preliminarily platted Valley Falls Estates will be subject to the requirements found in
14• Section 30, Article VI., Boundary Street Improvements and Right -of -Way Dedications. Since
15 LaMarche Drive is classified as a collector street on the Master Street Plan with a 60 foot right-
16 of -way, no additional right-of-way dedication is required except near the intersection of Taylor
17 Loop Road and LaMarche Drive.
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Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the ordinance which shall remain in full force
and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part
of the ordinance.
Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent
with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 4. This ORDINANCE shall take effect thirty (30) days from and after its passage.
PASSED: September 15, 2009
^,'Tffwi L ng e , A 'ng City Clerk
APPROV O LEGAL FORM:
Thomas M. Carpenter, Cit*Aor 'X
APPROVED:
Mark Stodola, Mayor
[PAGE 2 OF 21
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 3714790 Fax: (501) 399-3435 or 371-6663
February 6, 2009
Mr. Joe White
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
Re: Valley Falls Estates Collector Street Deferral (S-1280-M), located on
the East side of Valley Falls Estates abutting Lots 13A — 13D and
Lots 14 - 18
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on February 5, 2009:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
X Deferred to the March 19. 2009 Meeting.
Other:
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821,
Respectfully,
Donna James, AICP
Subdivision Administrator
Et
City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
March 20, 2009
Mr. Joe White
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
Planning
Zoning and
Subdivision
Re- Valley Falls Estates Collector Street Deferral (S-1280-M), located on
the East side of Valley Falls Estates abutting Lots 13A — 13D and
Lots 14 - 18
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on March 19, 2009:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
X Deferred to the April 30, 2009 Meeting.
Other:
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663
May 1, 2009
Mr. Joe White
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
Re: Valley Falls Estates Collector Street Deferral (S-1280-M), located on
the East side of Valley Falls Estates abutting Lots 13A — 13D and
Lots 14 - 18
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on April 30, 2009:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
X Deferred to the June 11.. 2009 Meeting.
Other:
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
June 12, 2009
Mr. Joe White
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
Re: Valley Falls Estates Collector Street Deferral (S-1280-M), located on
the East side of Valley Falls Estates abutting Lots 13A — 13D and
Lots 14 - 18
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on June 11, 2009:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
x Deferred to the _ July 23, 2009 Meeting.
Other:
If you have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
City of Little Rock Planning
Department of Planning and Development Zoning and
723 West Markham Street Subdivision
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399.3435 or 371-6863
July 24, 2009
Mr. Joe White
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
Re: Valley Falls Estates Collector Street Deferral (S-1280-M), located on
the East side of Valley Falls Estates abutting Lots 13A — 13D and
Lots 14 - 18
Dear Sirs:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning
Commission at its meeting on July 23, 2009:
Approved with conditions.
X Recommended approval with conditions.
Recommended approval as submitted.
Denied your request as submitted.
Deferred to the Meeting.
Other:
This item will be forwarded to the Little Rock Board of Directors for final action on
August 18, 2009. ,The meeting begins at 6:00 pm and is held in the Board of
Directors Chambers, 500 West Markham Street, on the 2nd Floor. The meetings
begins at 6.00 pm and you or your representative needs to be present. If you
have any questions concerning any other matter please do not hesitate to
contact me at 371-6821.
Respectfully,
Donna James, AICP
Subdivision Administrator
MEMORANDUM
TO: Little Rock Planning Commission
Chairman Taylor
CC: Little Rock Department of Public Works
Little Rock Department of Planning and Development
Little Rock Mayor and Board of Directors
Little Rock City Manager
FROM: Little Rock Planning Commission Special Committee - LaMarche Dr. Extension
• Vice -Chairman Yates
o Commissioner Rector
• Commissioner Laha
DATE: July 23, 2009
RE: Special Committee's Recommendation - LaMarche Drive Extension
Valley Falls Estates (Applicant) has applied for a 5-year deferral of Master Street Plan (MSP)
Improvements required under the Boundary Street Ordinance (BSO) that apply to the 2000
approval of Valley Falls Estates.
Some Planning Commissioners did not find the alternatives of building the BSO
improvements or granting a 5-year deferral to be palatable choices. The required
improvements would not result in a full -width street or a connection to Taylor Loop. The
Right Of Way (ROW) necessary for a full -width street would have to come from residences
that face Carter Lane.
Ordinary application of the BSO would likely result in a half -street being built half -way to
Taylor Loop and no more for some time. It would also result in the high probability that
the City will have to condemn thirty feet (30') of property from homes along Carter Lane
and Taylor Loop Road. In the ROW are needed from those homes are two (2) houses, one
(1) pool house and several other home improvements.
To address the concerns of Commissioners and evaluate alternative solutions the
Chairman or the Little Rock Planning Commission appointed a Special Committee as
provided in the Planning Commission's By -Laws. This Special Committee was charged
with the task of evaluating options and making a recommendation to the full Commission.
The Special Committee had a series of meetings with Public Works, Planning and
Development and the Applicant. At the request of the Special Committee and concurrent
with these meetings, Public Works obtained appraisals of values for property consisting of
the full Right of Way coming from property owned by the Applicant and of property
necessary from adjoining Carter Lane property owners to the east necessary under
ordinary application of the Boundary Street Ordinance (BSO).
The appraisal amounts are:
• $177,000 for R.O.W from Applicant
• $252,000 for R.O.W. from Carter Lane property owners
The negotiated solution proposed by the Special Committee is that the Applicant
dedicates sixty feet (60') of ROW the full length of the Applicant's south property line to
the north property line of the property owned individually by a principal of the Applicant.
The resulting ROW, provided to the city, provides a full -width, uninterrupted ROW from
the current north terminus of LaMarche Drive all the way to Taylor Loop Road.
As a part of this negotiated solution, the current VFE subdivision would be exempt from
half -street improvements required under the BSO. All other properties bordering
LaMarche Drive will continue to be subject to the BSO. However, as the ROW will be in
place, the BSO obligations by the adjoining property owners will be only for the half -street
improvements as specified in the ordinance, without ROW dedication.
The solution proposed by the Special Committee provides the following:
• Guarantees the ROW necessary for LaMarche
• Saves the City from Condemnation & Eminent Domain proceedings for homes on
Carter Lane and Taylor Loop
• Increases the likelihood that LaMarche Drive will be built to full width and avoids
the possibility of another situation like the west terminus of Evergreen
• Creates much increased likelihood that LaMarche may be built in the near future
instead of distant future or not at all
• Saves the City the cost of purchasing the Carter Lane and Taylor Loop properties
and the additional cost of eminent domain lawsuits likely necessary for that.
The Special Committee recommends this negotiated solution because it is good for the
City, it is good for the citizens of the City, it is good for the residents of Carter Lane and it is
agreeable to the Applicant.
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT IS MADE AND ENTERED INTO by and among the City of Little Rock,
Arkansas, a city of the first class (herein referred to as the "City"), VFE, Inc., an Arkansas corporation
(herein referred to as "VFE") and Rick Ferguson and Deanna Ferguson, his wife (herein referred to as the
"Fergusons"); the City, VFE and the Fergusons being collectively referred to herein as the "Parties".
WHEREAS, VFE is the fee simple owner of the following described lands (herein referred to as the
"VFE Tract"), to -wit: (INSERT LEGAL); and,
WHEREAS, the Ferguson are the fee simple owners of the following described lands (herein
referred to as the "Fergusons Tract"), to -wit: (INSERT LEGAL); and,
WHEREAS, the City, acting by and through its Planning Commission, did on May 11, 2000 approve
the Valley Falls Estates Preliminary Plat, File No. S-1280, on the condition (herein referred to as the
"Condition") that VFE dedicate a thirty-five (35') foot right of way easement from the centerline of the
unnamed minor arterial listed and depicted on the Master Street Plan along the east boundary of the VFE
Tract and construct one-half street improvements within that 35 foot dedicated right of way easement,
performance of which condition the Planning Commission deferred for a period of five years or adjacent
development; and,
WHEREAS, the City thereafter adopted Ordinance No. 18,299 deferring the improvements therein
described for five years or until abutting street improvements are constructed, said one half street
improvements and related improvements being herein referred to as the "Improvements Deferral"; and,
WHEREAS, the City, VFE and the Fergusons have reached the agreements hereinafter set forth
which have the effect, upon execution hereof, of cancelling the Condition and eliminating the Improvements
Deferral.
NOW THEREFORE,
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the agreements, covenants and promises herein
contained, which the Parties hereto covenant and agree are mutually beneficial, and other good and valuable
consideration, the receipt and sufficiency of all of which is hereby acknowledged, the Parties hereto to agree
as hereinafter set forth:
SECTION 1: RECITALS. That the Parties hereto acknowledge the accuracy of the recitals
hereinabove set forth, which they agree are not mere recitals of fact, but are intended as contractual in
nature and the same are hereby incorporated herein.
SECTION 2: RIGHT OF WAY DEDICATION. Concurrent with the execution hereof by the
City, VFE and the Ferguson covenant and agree to make, execute and deliver to the City the original, duly
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V FE.CityLaMarcheAgreement
AGREEMENT:
acknowledged and in recordable form, of that certain Street Right of Way Easement Grant instruments
(herein referred to as the "Street Right of Way Easement Grants"), true and correct copy of which are
attached hereto marked as Exhibit "A" and made a part hereof by this reference, granting to the City a Sixty
(60') foot wide right of way easement for a public street as more particularly described therein to be
thereafter constructed by the City.
SECTION 3: RIGHT OF WAY DEDICATION. In consideration of VFE's and the Fergusons'
execution hereof and execution of and delivery by them to the City of the Street Right of Way Easement
Grants, the City does hereby accept the Street Right of Way Easement Grants in lieu and substitution of and
in complete satisfaction of-
(i) any obligation or expense by VFE and or the Fergusons now existing under the Condition and or
the Improvements Deferral to dedicate right of way or construct half street improvement, which Condition
and Improvement Deferral are hereby cancelled,
(ii) any obligation or expense that might be imposed upon VFE and or the Ferguson, now or at any
time in the future, whether in connection with present or future development of the VFE Tract or the
Ferguson Tract or otherwise, to construct or cause to be constructed at their expense, any public
improvements, streets, drainage facilities, utilities, lighting, signage, sidewalks or any other structures or
infrastructures within or in anyway pertaining to the right of way easement described in the Street Right of
Way Easement Dedication Grants, and
(iii) VFE and the Fergusons are forgiven any further obligation or responsibility for further
dedication or expense in connection with the so-called LaMarche Street extension through or adjacent to the
VFE Tract and or the Ferguson Tract.
SECTION 4: MISCELLANEOUS. The Parties hereto further covenant and agree as follows:
(a) This Agreement contains all the terms and conditions agreed upon by the parties hereto
with respect to the transactions contemplated hereby, and shall not be amended or modified except by
written instrument signed by all of the parties.
(b) This Agreement shall be binding upon and inure to the benefit of the representatives,
heirs, estates, successors and assigns to the parties hereto.
(c) Nothing expressed or implied in this Agreement is intended, or shall be construed, to
confer upon or give any person, firm or corporation, other than the parties hereto, their successors and
assigns, any benefits, rights or remedies under or by reason of this Agreement.
(d) This Agreement shall be governed by and construed under the laws of the State of
Arkansas.
(e) In the event either party to this Agreement shall employ legal counsel to protect its rights
under this Agreement or to enforce any term or provision of this Agreement, then the party prevailing in any
such legal action shall have the right to recover from the other party all of its reasonable attorneys' fees, costs
and expenses incurred in relation to such claim.
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VFE.CityLaMarcheAgreement
AGREEMENT:
(f) The obligations and undertakings of the Parties hereto shall be performed within the time
specified therefor, time being of the essence of this Agreement, and the failure to perform within such time
shall constituted a breach of and default under this Agreement on the part of the Party who fails to perform .
(g) Wherever in this Agreement it is provided that any party shall or will perform or refrain
from performing any act or obligation, each such provision shall, even though not so expressed, be construed
as an express agreement to perform or not to perform, as the case may be, such act or obligation.
(h) Each party hereto and counsel for each party have reviewed this Agreement and,
accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement. No inferences shall be drawn
from the fact that changes have been agreed to herein from any prior Agreements.
(i) In the event one or more of the provisions (or portions thereof) of this Agreement is
determined to be illegal or unenforceable, the remainder of this Agreement shall not be affected thereby and
each remaining provision or portion thereof shall continue to be valid and effective and shall be enforceable
to the fullest extent permitted by law.
0) This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their signatures on this
day of , 2009.
City: VFE:
City of Little Rock, Arkansas VFE, Inc.
I
Print Name:
TITLE: Mayor
ATTEST:
City Clerk
BY:
Print Name:
TITLE:
FERGUSONS:
Rick Ferguson
Deanna Ferguson
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VFE. CityLaMarcheAgreement
EXHIBIT
THIS INSTRUMENT PREPARED BY:
HAL JOSEPH KEMP, P. A.
ATTORNEY AT LAW
SUITE 1300, Ill CENTER STREET
LITTLE ROCK, ARKANSAS 72201
(501)372-7243
Street Right of Way Easement Grant
KNOW ALL MEN BY THESE PRESENTS:
That VFE, Inc., an Arkansas corporation, hereinafter referred to as the "Grantor",
for and in consideration of the sum of Ten and NO/100 ($10.00) Dollars and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does, subject to matters of record, hereby grant to the City of Little Rock, Arkansas,
hereinafter referred to as the "Grantee", its successors and assigns, a perpetual non-
exclusive easement on, over, across and under the real property, more particularly
described on Exhibit "A" attached hereto and made a part hereof by this reference, for the
purpose of constructing and thereafter operating and maintaining a public street and
related improvements for vehicular and pedestrian traffic and travel.
TO HAVE AND TO HOLD the same unto the said Grantee and unto its
successors and assigns forever, subject to matters of record.
me
vfeeasement.doc
Easement:
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by its
corporate officer on this day of 2009.
GRANTOR:
VFE, Inc., an Arkansas corporation,
TITLE:
ACKNOWLEDGMENT
STATE OF ARKANSAS)
)ss
COUNTY OF PULASKI)
On this day of 2009, before me a Notary
Public, duly commissioned, qualified and acting, within and for the County and State
aforesaid, appeared in person the within named to
me personally well known, who stated that he was the President of VFE, Inc., an
Arkansas corporation, and was duly authorized in his capacity to execute the foregoing
instrument for and in the name and behalf of the said company, 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 seal on this
day of , 2009.
My Commission Expires:
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vfeeasement.doc
Notary Public
Easement:
EXHIBIT "A"
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vfeeasement.doe
EXHIBIT "A"
THIS INSTRUMENT PREPARED BY:
HAL JOSEPH KEMP, P. A.
ATTORNEY AT LAW
SUITE 1300, 111 CENTER STREET
LITTLE ROCK, ARKANSAS 72201
(501) 372-7243
Street Right of Way Easement Grant
KNOW ALL MEN BY THESE PRESENTS:
That Rick Ferguson and Deanna Ferguson, his wife, hereinafter referred to as the
"Grantors", for and in consideration of the sum of Ten and NO/100 ($10.00) Dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, do, subject to matters of record, hereby grant to the City of Little Rock,
Arkansas, hereinafter referred to as the "Grantee", its successors and assigns, a perpetual
non-exclusive easement on, over, across and under the real property, more particularly
described on Exhibit "A" attached hereto and made a part hereof by this reference, for the
purpose of constructing and thereafter operating and maintaining a public street and
related improvements for vehicular and pedestrian traffic and travel.
TO HAVE AND TO HOLD the same unto the said Grantee and unto its
successors and assigns forever, subject to matters of record.
Be
vfeeasement.doc
Easement:
IN WITNESS WHEREOF, the signatures of the GRANTORS are hereunto affixed
on this day of , 2009.
GRANTORS:
Rick Ferguson
Deanna Ferguson
ACKNOWLEDGMENT
STATE OF ARKANSAS)
)ss
COUNTY OF PULASKI)
BE IT REMEMBERED, That on this day came on before me, the undersigned, a
Notary Public within and for the County aforesaid, duly commissioned and acting, Rick
Ferguson and Deanna Ferguson, his wife, to me well known or satisfactorily proven to be
the persons whose names appear in the foregoing instrument, and stated that they had
executed the same for the consideration and purposes therein mentioned and set forth.
IN WITNESSETH WHEREOF, I have hereunto set my hand and seal on this
day of P 2009.
My Commission Expires:
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vfeeasement.doc
Notary Public
Easement:
EXHIBIT "A"
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vfeeasement.doc