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|Related Area:||| Easement | | Water/Sewer ||
|Related Elkins Municipal Code (EMC):|
|Related Year:||2021 ||
Ordinance #: 2021-07
AN ORDINANCE TO VACATE AN UNUSED AND UNEEDED WATER AND SEWER RIGHT-OF-WAY LOCATED WITHIN LOT AT 2590 CENTER STREET AND FOR OTHER PURPOSES
WHEREAS, upon information provided to the City Council of the City of Elkins, the water and sewer right–of–way located at 2590 Center Street, more particularly described in the attached petition, is of no use for any public purpose and has no value to the citizens of the City of Elkins; and,
WHEREAS, it has been requested by the owner of the property on which the right–of-way sits that it be abandoned; and,
WHEREAS, the Elkins Planning Commission has reviewed the Petition to Vacate and recommends to the City Council that this request be approved; and,
WHEREAS, the City Council has been advised that required easements for any city utility or other purpose in this lot have been provided by the owner and there is no other need for this easement and that of the City of Elkins and the City Council is empowered to vacate a right-of–way which it has determined is unused and is no longer needed for any city purposes.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the City Council of the City Elkins as follows:
Section 1. That the right–of–way located on private property at 2590 Center St. in Elkins, Arkansas, and more specifically identified on the attached Exhibit “A” and as described in the legal description set forth below is no longer needed, unused by any person or entity and is of no use to the City of Elkins and is hereby vacated by the City of Elkins:
Application containing Legal Description attached as Exhibit “A”
Section 2. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
Section 3. In the event that any section, paragraph, subdivision, clause, phrase, or other provision or portion of this ordinance shall be adjudged invalid, unenforceable or unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision, other than the part so decided to be invalid, unenforceable or unconstitutional, and the remaining provisions of this ordinance shall be construed as if such invalid, unenforceable or unconstitutional provision or provisions had never been contained herein.
PASSED AND APPROVED this 18th day of November, 2021.
BRUCE LEDFORD, Mayor
DELIA FOSTER, City Clerk (SEAL)