Board of Trustees Should Act on Ad Hoc Recommendations – Hot Springs Village Voice

The recommendations of Cooper’s ad hoc land valuation committee are being reviewed and are expected to receive approval from the Hot Springs Village Homeowners Association Board of Directors this week.

The board meets at 9 a.m. Wednesday, July 20 at the Ouachita Activities Building, Ponce de Leon Center.

At the committee’s request, the board has included the full report in its board file, available to owners at www.explorethevillage.com/governance/board-of-directors. Trustees received the final report last week and are ready to vote on the proposal during Routine Proceedings.

The recommendations aim to ensure that the POA owns or has rights to all strategic land, while protecting village boundaries and security.

During the meetings, committee chairman Jeff Lofgren commended HSV developer Cooper Communities Inc. for their willingness to work with the POA. He will address the board on Wednesday.

“The ad hoc Cooper Land Valuation Committee has reviewed and visited all properties on the Cooper Communities Inc. reservation that are for sale.

“Of the 52 CCI reserve properties, 13 were deemed to have POA equity and should be sued by the POA for title, dedication or easement rights.

“In addition, there is a border property which has also been identified as necessary by the POA. CCI has been extremely helpful in this endeavor and continues to be a strong advocate for Hot Springs Village.

“They are willing to arrange to provide the required reservation properties to the POA for a nominal cost associated with surveys, county registrations and two or three purchases at a reasonable price,” the report said.

At the July 7 committee meeting, members expressed the belief that landowners should be fully informed of the recommendations and supporting documents, and urged landowners to read the information.

During the committee’s work, director Bob McLeod kept the directors informed.

Here is a summary of the recommendations:

“The committee recommends that the following actions be taken as soon as possible by the POA Board of Directors and the Chief Executive Officer:”

• Contact CCI to formally request that the following properties be waived of power of attorney and authorize payment of survey and registration fees:

5 water tanks – (P2, P5, P11, part of P29, P30)

Danville Gate – Investigate and waive the deed right at the gate of the demarcated plot

Lake Lago – P80

DeSoto Golf Cart Path – P110

Cedar Creek Wastewater Treatment Plant/Beaver Dam Trail – P87

Multi-use trail – P109

• Purchase the reserve property of the Coronado golf cart trailer parking lot at P3 for $5,000 plus any survey (if required) and registration fees.

• Work with CCI to “dedicate” or otherwise convey the road leading to Ponce de Leon Drive, shown on some maps as Cloaca Lane, as well as co-located infrastructure for access to the Ponce de Leon Sewage Treatment Plant. Cedar Creek, to the Beaver Dam trail and to the private property storage area that crosses the P90 reserve property.

• Authorize the payment of survey and registration fees.

• Direct GM/POA staff to work with CCI to establish the wording of the easement in the P54 P54 deed. The easement must take into account:

1) Balboa Dam/Dike Access/Maintenance Road.

2) The Golf Course Irrigation System which includes the pumphouse and pipelines from the Balboa Dam to the Magellan Golf Courses (providing irrigation water for the Magellan Golf Courses, Isabella, Granada and Ponce). Authorize the payment of investigation and registration fees.

• Authorize the payment of registration fees and survey fees as required for all reserves identified and boundary properties recommended in this report. We recommend that you use B&F Engineering Co. to perform all survey work. They have done all the surveying work for Cooper and have the historical records and knowledge to complete this task in the most cost effective and timely manner.

• Authorize payment to inspect the P100 reserve property to meet sanitation/street service requirements. The remediation team should identify its specific needs with the inspector. Then, negotiate with CCI a reasonable purchase price for this land. The committee recommends purchasing the additional land as a reasonable price can be negotiated and Council agrees.

• Direct the General Manager/Staff to work with CCI to contact Saline County to update the County GIS website regarding the East Gate.

• Ask staff to update the HSVPOA MIS. Consider marking underground water and sewer lines that run on CCI reserve property.

• Mandate the Rose law firm to provide legal advice on:

• has. Easement rights for water and sewer lines not currently documented in 20 deeds and how this is conveyed during a pending sale of reserve property

• b. Right of way by prescription for existing infrastructure and trails on reserve property.

• c. Rights acquired by having a route dedication to the POA.

• d. With respect to the Cedar Creek property owned by CCI (P100, P101), provide legal analysis on water rights and issues regarding flow and water quality from Coronado Lake to Balboa Lake via Cedar Creek. The notice should address Arkansas’ rights under the law if the creek was sold to a private entity and CCI granted them the right not to be part of HSV. • e. Acquire the Cedar Creek properties (P100, P101) as infrastructure and designation status under the POA.

• Have Rose Law Firm draft a first right of refusal agreement with CCI for P101 (Cedar Creek Trail property). Make sure the agreement gives the POA board time and decision-making space if this clause is enforced.

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