UCA sends third request for property

Sunday, August 29, 2010

— The University of Central Arkansas has sent a letter - the third in the past five months - to Agnes Erbach’s heirs, asking to buy or lease the property at 405 S. Donaghey Ave. in Conway.

UCA has attempted to purchase the 6 acres, which lie between the Arkansas Educational Television Network and a UCA parking lot, off and on for the past 20 years. The owner of the home and its lot, Agnes Erbach, died in June 2009 at age 95 as she watered flowers in the backyard. She had lived in the white-frame home since the 1930s.

To date, her three grown children - Ed and Tom Erbach and Marilyn Worm, all of Conway - haven’t agreed to sell the property.

However, Tom Erbach sent a letter to UCA President Allen Meadors on June 12 stating that “the heirs of Agnes Erbach are willing to discuss UCA’s desire to purchase the six acres of land. ... To initiate any discussion on the above property, each heir must be contacted individually in writing,” and he gave their addresses. Meadors sent a response to the three heirs, dated June 23, thanking Tom Erbach for the letter and stating, in part:

“On behalf of the University of Central Arkansas, we would very much like to visit with you to discuss your family’s property on South Donaghey. We are interested in discussing any plans you may have concerning your property.”

UCA Chief of Staff Jack Gillean said there had not been a response from the heirs, so another letter was sent to them.

In the letter, dated Aug. 19, UCA General Counsel Tom Courtway stated, “It’s been several weeks since Dr. Allen Meadors wrote to you concerning your family’s property. I just wanted to follow up and let you know that we are still interested in discussing with you (a) a possible lease of the property for aperiod of years with an option to purchase, or (b) the possible sale and purchase of it at some future date.”

Gillean said UCA would tear down the home and likely use the property for parking.

“Parking, I think, is a high likelihood,” Gillean said Wednesday. “There’s also been talk of building a replacement for Snow Fine Arts, but there’s no budget; no plans.”

He said a “drive-by” appraisal valued the property at $1.57 million.

An offer for the property in 1990, under then-President Winfred L. Thompson, was made for $70,000 for the 6 acres, or $32,500 for the back half. The last offer for the property was $600,000 in 1997, and the UCA Board of Trustees voted to use the power of eminent domain on the back section of the property if an agreement with the family couldn’t be reached.

There was a public outcry about the decision, even though the offer stipulated that Agnes Erbach could live there the rest of her life, and UCA backed off the move.

Tom Erbach said in an earlier story in the River Valley and Ozark Edition that his mother was “devastated” when UCA originally approached her.

“She was horrified that they would run her out. It was nightmarish to her,” he said.

Agnes Erbach worked in the cafeteria when UCA was Arkansas State Teachers College, and her husband was in charge of the cafeteria storeroom.

Gillean said that after Agnes Erbach died last summer, UCA brought up the topic of trying to buy the property.

“The administration decided there was an interest on the part of the university in exploring it, but we specifically and deliberately waited a period of time,” he said.

The subject of using eminent domain has not been discussed again, Gillean added.

- tkeith@ arkansasonline.com

River Valley Ozark, Pages 234 on 08/29/2010