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�•• j' PRESENTED:01-19-201709:48:35AM RECORDED:01-19-201709:56:17AM
- ¢ ,°, "';.• ORDINANCE N(� 2� 359
' f � q�\, cn 'Irll7ficla ecords of Larry Crane Circuit/County Clerk
2 '14 74erti`•' PULASKI CO,AR FEE$20.00
3"4,8W/0 CO6ORDINANCE TO ABANDON A PORTION OF AN ALLEY ALONG
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4 THE WEST SIDE OF BLOCK 4, DEAF MUTE ADDITION, IN THE CITY
5 OF LITTLE ROCK,ARKANSAS; AND FOR OTHER PURPOSES.
6
7 WHEREAS, a petition was duly filed for the Board of Directors of the City of Little Rock, Arkansas,
8 on November 21,2016,to vacate and abandon a thirty(30)-foot alley right-of-way(thirty(30)feet by 190
9 feet) designated on the plat of the Deaf Mute Addition to the City of Little Rock, Arkansas, designated on •
.10 the plat found at Plat M-2-636 in the Office of the Recorder of Pulaski County,beginning and encompassing
11 that area along the west side of Block 4, Deaf Mute Addition and bounded by West 2nd Street, West 3rd
12 Street and Bishop Street; and,
13 WHEREAS, this question was heard by the Little Rock Planning Commission on January 5, 2017,
14 with no objectors present; and,
15 WHEREAS, after due notice as required by law, the Board of Directors has held a public hearing
16 pursuant to Little Rock,Ark. Resolution No. 14,471 (January 3,2017),and heard all persons desiring to be
17 heard on the questioning of vacating and abandoning this alley portion; and,
18 WHEREAS, the Board of Directors has determined that the alley way has been dedicated to public
19 use, has not generally been used by the public for a period of five (5)years subsequent to the filing of the
20 plat,that all the abutting property owners have filed with the City their written consent to the abandonment,
21 and that the public interest and welfare will not be adversely affected by the abandonment of the alley;
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
23 OF LITTLE ROCK,ARKANSAS:
24 Section 1. The City of Little Rock, Arkansas, releases, vacates, and abandons all its rights, together
25 with the rights of the public generally, in and to the alley designated as follows except for those rights of
26 access set forth in Section 2 of this ordinance: a thirty(30)-foot alley right-of-way (thirty(30)feet by 190
27 feet) designated on the plat of the Deaf Mute Addition to the City of Little Rock, Arkansas, designated on
28 the plat found at Plat M-2-636 in the Office of the Recorder of Pulaski County,beginning and encompassing
29 that area along the west side of Block 4, Deaf Mute Addition and bounded by West 2nd Street, West 3rd
30 Street and Bishop Streets.
31 Section 2. Notwithstanding the abandonment and vacation noted in Section 1,all utility and drainage
32 easements,and storm water drainage easements shall remain in full force and effect from and after the date
33 of this ordinance.
[Page 1 of 21
1 Section 3. A copy of this ordinance shall be duly certified by the City Clerk and shall be filed in the
2 Office of the Recorder of Pulaski County, Arkansas, and recorded in the deed records of the County.
3 Section 4. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph,
4 item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or
5 unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this
6 resolution, as if such invalid or unconstitutional provision were not originally part of this resolution.
7 Section 5. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this
8 resolution are hereby repealed to the extent of such inconsistency.
9 Section 6. Emergency Clause. Pursuant to the provisions of Ark. Code Ann. § 14-301-304 (West
10 2004) State Law declares the effective date of this type of ordinance; an emergency is, therefore, declared
11 to exist in order to comply with state law and this ordinance shall be in full force from and after the date of
12 its passage.
13 PASSED: January 17,2017
14 AT ES.' APPROVE : /
15 ` e ,,
I / /44;e_____
17 9 L� gley,CityClerk Mark St
odola, ayor
18 , ' 'O I AS TO LEGAL FORM:
20 t ea '1 41 A
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21 Thomas M. Carpenter, City Attorn'e'y "
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[Page 2 of 2]
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