Barbara Dicks applied to the Parks Commission for a vacation of a section of land adjacent to her property that sits on the south side of where Grand Ave. becomes Dairy Hollow Rd. She said the property in question has been referred to as both an alley and a street although it is 60 feet wide, and no one knows who owns it.
Dicks told Parks commissioners at the Sept. 28 meeting that she and her husband bought land on the east side of the 60-ft. wide alley from the United States government more than 30 years ago. Later they sold that property to City Attorney Tim Weaver after buying property west of the alley, which is where she lives.
Chair Bill Featherstone said the property being scrutinized is actually two pieces, and a 30-ft. swath of section nearest Grand Ave. has already been deeded to Weaver. Dicks is trying to get the other 30 feet of the front section and all 60 feet of the back section. With ownership of the front 30-ft. section, Dicks can expand her shop near Grand Avenue and convert it into living quarters. She would then relocate to the new domicile and try to sell her other property.
Featherstone added, however, if the property under question is indeed deemed to be an alley and the city decides to vacate it, then the back section would have to be split between adjacent property owners which would mean Dicks would get 30 feet of it and the Cross family, an adjacent neighbor, would get the other 30 feet.
Featherstone noted the crucial hurdle for Dicks would be to settle the question of ownership of the alley. Commissioner Jay Fitzsimmons suggested Parks let city council figure it out.
Parks Director Justin Huss commented to Hicks, “I’m concerned for your end result.” He said Parks needed to proceed carefully because he saw a tangled web of issues to be sorted out before she could settle her request.
One certainty, according to Huss, was that Parks had no interest in the alley, but has been looking for an easement alongside the roadway to build a pathway from Harmon Park to Clear Spring School. The easement they are looking for is on property Dicks already owns, and she said she would provide easement once the vacation is sorted out. Featherstone stated this pathway would eventually become part of the planned Epic Trail around and through Eureka Springs.
Fitzsimmons repeated his suggestion that Parks should send the matter to city council. He began stating elements he suggested should go into a resolution or recommendation. Other commissioners pitched in and eventually they agreed to tell council Parks had no interest in the alley, but if the city transfers the property, Parks wants the easement along the roadway for the path from Harmon Park to the school.