ORDINANCE  NO. 2148

AN ORDINANCE VACATING PORTIONS OF MCCUNE STREET

WHEREAS, the City Council of Eureka Springs, Arkansas, has reviewed the Petition of the adjoining landowner, James McEvoy to vacate the area defined by the following legal descriptions:


SURVEY DESCRIPTION: A part of McCune Street, abutting Block 122, in the Riley & Armstrong Survey of the City of Eureka Springs, Carroll County, Arkansas, and being more particularly described as follows; Commencing at the easternmost corner of said Block 122, at the intersection of Hartman Street and McCune Street, a found rebar pin, shown on survey filed of record in Survey Plat Cabinet D, Slide 9, thence along the north Right-Of-Way of McCune Street,  S 82’41’49”  W 41.80’, to the POINT OF BEGINNING, thence leaving said Right-Of-Way,  S 23’22’00”  W 1.65’, and  S 68’22’00”  W 33.37’, to the northwesterly Right-Of-Way thereof, thence along said Right-Of-Way  N 39’22’41”  E 14.11’, and thence along the north Right-Of-Way thereof,  N 82’41’49”  E  22.91’, to the POINT OF BEGINNING, containing 0.003 acre, or 130.3 square feet.

Bearings determined from survey filed of record in Survey Plat Cabinet D, Slide 9, in the Carroll County Circuit Clerks’ records. Not all easements affecting this property may be shown, except by special request: this is a property boundary description. Property owner may contact local utility authorities for the location of existing utilities or easement rights-of-way.

And whereas, Section 14-54-104(2) of the Arkansas Code Annotated allows the City Council to vacate certain streets

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA SPRINGS, ARKANSAS, THAT:
Section 1. That the sections described above are hereby vacated and title is hereby vested in fee simple in the adjoining landowner, James McEvoy for the sum of one dollar ($1.00).

EMERGENCY CLAUSE

Section 2. Whereas time is of the essence due to the petitioners’ need for title clarification regarding existing retaining wall and in order to protect the health, safety and welfare of the people of the City of Eureka Springs, Arkansas, an emergency is hereby declared to exist and this ordinance shall become effective upon its passage by the City Council of Eureka Springs, Arkansas, and upon affixing the signature of the City Clerk and the Mayor of the City of Eureka Springs, Arkansas.

PASSED AND APPROVED THE 5th DAY OF JANUARY, 2012.

APPROVED:

Mayor Morris Pate

City Clerk Ann Armstrong