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11275\.\E CIRO, •. C X 0 2002144012 05/16/2002 09:51:23 AN .Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY RESOLUTIONNO. 11.275 CIRCUIT /COUNTY CLERK Fees 111.00 RELEASING AN EASEMENT FOR PUBLIC UTILITY DRAINAGE PURPOSES RETAINED IN CLOSED 39TH STREET RIGHT -OF -WAY; AND FOR OTHER PURPOSES. 7 WHEREAS, on February 18, 1992 the Little Rock Board of Directors passed Little 8 Rock, Ark. Ordinance No. 16,176 ( "LRO 16,176 "); and 9 WHEREAS, LRO 16,176 closed and abandoned to public vehicular traffic a portion of 10 West 39h Street in John Barrow Addition to the City of Little Rock, Arkansas; and 11 WHEREAS, LRO 16,176 retained an easement in the abandoned 40 foot right of way of 12 39th Street for public utility and drainage purposes; and 13 WHEREAS, the Board of Directors desires to remove and abandon the utility and 14 drainage easement as the easement is not needed for drainage purposes nor the utilities for which 15 it was reserved, specifically, Little Rock Waste Water Utility, Central Arkansas Water, Entergy, 16 Reliant Energy Arkla, and Southwestern Bell Telephone. 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 18 THE CITY OF LITTLE ROCK ARKANSAS: 19 Section 1. The City hereby releases and removes the public utility and drainage 20 easement formerly located in West 39'h Street as described more particularly as follows: 21 West 39tb Street between Barrow Road and Ludwig 22 Street, abutting Blocks 165 and 166 of John Barrow 23 Addition to the City of Little Rock, Arkansas. 24 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, 25 phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such 26 declaration or adjudication shall not affect the remaining portions of the resolution which shall 27 remain in full force and effect as if the portion so declared or adjudged invalid or 28 unconstitutional was not originally a part of the resolution. 29 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are 30 inconsistent with the provisions of this resolution are hereby repealed to the extent of such 31 inconsistency. Resolution to Abandon Easement Page I oft 0 6 1 Section 4. This resolution shall be in full force and effect from and after its adoption. 2 ADOPTED: MAY 7, 2002 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: APPROVED: Nan y Wo d, City Clerk Ji Dailey, Mayor APPROVED AS TO LEGAL FORM: 'z" u-- . e'-h — Thomas M. Carpenter, City Atto ey // // // // // // // Resolution to Abandon Easement Page 2 of 2