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Ordinance #: 2022-01
AN ORDINANCE TO VACATE AN UNUSED AND UNNEEDED STREET RIGHT-OF-WAY LOCATED AT THE END OF TWIN OAKS DRIVE AND FOR OTHER PURPOSES WITHIN THE CITY OF ELKINS, ARKASAS.
WHEREAS, upon information provided to the City Council of the City of Elkins, the street right–of–way located at the end of Twin Oaks Drive, more particularly described in the attached Exhibit “A”, 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 street 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 street 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 street right–of–way located on city property at the end of Twin Oaks Drive in Elkins, Arkansas, and more specifically described in the attached Exhibit “A” is no longer needed, is 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:
[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 All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.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 27th day of January, 2022.
BRUCE LEDFORD, Mayor