ORDINANCE NO. 1961

AN ORDINANCE VACATING A PORTION OF THE UNDEDICATED ALLEY COMMONLY KNOWN AS DUNLAP STREET LYING TO THE SOUTH OF OWEN STREET AND DECLARING AN EMERGENCY TO EXIST

WHEREAS, the City Council of the City of Eureka Springs, Arkansas, has reviewed the petition of the adjoining land owners to vacate a portion of the undedicated alley commonly known as Dunlap Street lying to the south of Owen Street and sell it to then clear up the title to a garage built on the property, and,

WHEREAS, A.C.A. 14-54-104(2) allows cities of the first class to vacate alleys that are not required for corporate purposes.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA SPRINGS, ARKANSAS, THAT:

Section 1. That the portion of the undedicated alley more particularly described on the attached legal description is hereby vacated and title to it is hereby vested in fee simple in the adjoining landowners with each landowner taking to the centerline of the said real property for the sum of $10.00.

Section 2. That whereas time is of the essence in order that a real estate transaction involving one of the adjoining properties can be completed, and emergency is hereby declared to exist and this ordinance shall take effect upon its passage and approval.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EUREKA SPRINGS, AR, THIS 12^th DAY OF JULY, 2004.

APPROVED:

/s/ Kathy Harrison____________

KATHY HARRISON, Mayor

ATTEST:

/s/ Mary Jean Sell________

MARY JEAN SELL, City Clerk