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	Street Closing Prompts Protest 198 Sign Petition Against The Closing These signs blocking traffic on 4th Ave NE have area residents upset. A group from the area attended the Arab City Council meeting Monday night to protest the closing of the street. Arab Today photo by Dwight Hayes June 8, 2010 Approximately 15 residents attended the Arab City Council meeting Monday night to protest the closing of a portion of 4th Ave NE by the new owners of the City Center Shopping Center. Group spokesman Larry Holder presented a petition to the city council and Mayor Gary Beam that he said contained 198 signatures of residents opposed to the closing. Beam told the group that he and the council were working on a solution. The stretch of property in question extends from Main Street to the rear of a building in the shopping complex. Signs were placed across the road several weeks ago at the request of property owners Austin Hinds and Randall Ferguson. City officials say that although the property has been used as a through street for approximately 40 years, it was never deeded to the City and there is no legal right-of-way across the property. The residents affected by the closing say that the 40 years of public use, and paving of a portion of the property by the City amounts to a "Prescriptive Right of Way". Loosely defined, "prescriptive easements" are implied easements that come about after the property has been used for a particular purpose for an extended period of time. Beam said the new property owners approached him about closing the street shortly after purchasing the property due to liability concerns. After research of City records failed to turn up a right-of-way Beam told the owners that he saw no reason why they could not proceed. He said they initially planned to place a dirt berm across the road but he convinced them to place reflective signs instead. Employees of the street department actually erected the signs with the cost being reimbursed by the Hinds and Ferguson. Beam apologized to the group for making the decision to allow the closing. "I had no idea how this would affect the residents in the area. It just seemed logical that the property owners could do what they wanted with their property. I have learned that it is not that simple." Beam said he has been in negotiations with the owners to resolve the problem. He told the group that a deal has been worked out where the owners will deed a right-of-way if the City will assume liability and bring the street up to city code. Beam said bringing the street up to code would not be without cost to the City. "We will have to have engineers come up with a plan for the street and then we will have to make the changes." Beam said he is working with City Attorney Jeff McLaughlin and hopes to have a formal agreement within a few weeks. Members of the council expressed support for the proposal if the cost is not prohibitive.

Street Closing Prompts Protest
198 Sign Petition Against The Closing

These signs blocking traffic on 4th Ave NE have area residents upset. A group from the area attended the Arab City Council meeting Monday night to protest the closing of the street. Arab Today photo by Dwight Hayes

June 8, 2010
Approximately 15 residents attended the Arab City Council meeting Monday night to protest the closing of a portion of 4th Ave NE by the new owners of the City Center Shopping Center. Group spokesman Larry Holder presented a petition to the city council and Mayor Gary Beam that he said contained 198 signatures of residents opposed to the closing. Beam told the group that he and the council were working on a solution.

The stretch of property in question extends from Main Street to the rear of a building in the shopping complex. Signs were placed across the road several weeks ago at the request of property owners Austin Hinds and Randall Ferguson. City officials say that although the property has been used as a through street for approximately 40 years, it was never deeded to the City and there is no legal right-of-way across the property. The residents affected by the closing say that the 40 years of public use, and paving of a portion of the property by the City amounts to a "Prescriptive Right of Way". Loosely defined, "prescriptive easements" are implied easements that come about after the property has been used for a particular purpose for an extended period of time.

Beam said the new property owners approached him about closing the street shortly after purchasing the property due to liability concerns. After research of City records failed to turn up a right-of-way Beam told the owners that he saw no reason why they could not proceed. He said they initially planned to place a dirt berm across the road but he convinced them to place reflective signs instead. Employees of the street department actually erected the signs with the cost being reimbursed by the Hinds and Ferguson.

Beam apologized to the group for making the decision to allow the closing. "I had no idea how this would affect the residents in the area. It just seemed logical that the property owners could do what they wanted with their property. I have learned that it is not that simple."

Beam said he has been in negotiations with the owners to resolve the problem. He told the group that a deal has been worked out where the owners will deed a right-of-way if the City will assume liability and bring the street up to city code. Beam said bringing the street up to code would not be without cost to the City. "We will have to have engineers come up with a plan for the street and then we will have to make the changes."

Beam said he is working with City Attorney Jeff McLaughlin and hopes to have a formal agreement within a few weeks. Members of the council expressed support for the proposal if the cost is not prohibitive.