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16649zoo ORDINANCE NO. 16,649 AN ORDINANCE VACATING AND CLOSING A PORTION OF BIRCHWOOD DRIVE IN MARKHAM PINES ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS WHEREAS, a petition was duly filed with the Little Rock City Clerk on the 28th day of March , 1994, asking the Little Rock Board of Directors to vacate and abandon a portion of Birchwood Drive in Markham Pines Addition to the City of Little Rock, Arkansas, as designated on the plat of said Addition now appearing of record in Plat Book 29, Page 60, in the office of the Recorder of Pulaski County, Arkansas; and WHEREAS, after due notice as required by law, the Board of Directors has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the streets hereinbefore described, have been dedicated to the public use as a street, have been developed but never actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; and WHEREAS, the public interest and welfare will not be adversely affected by the abandonment of the street. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Except as Stated in Section 2 below, the City of Little Rock, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the streets designated as follows: PROPERTY DESCRIPTION Part of the SE 1/4 of the NW 1/4 of Section 4, T -1 -N, R -13 -W, lying in Markham Pines Addition as recorded in Plat Book 29, page 60, Little Rock, Pulaski County, Arkansas, being more particularly described as: BEGINNING at the Southwest corner of Lot 209 said Markham Pines Addition; thence South 89° 49' 00" East along the South line of Lot 209 and the North right - of-way line of Birchwood Drive, 231.52 feet to a point on the Westerly line of Lot 191 said Markham Pines Addition; thence South 06° 54' 59" West along said Westerly line 60.40 feet to the Southwest corner of said Lot 191; thence North 89° 49' 00" West along the South right -of -way line of Birchwood Drive 223.20 RMB \CHENROW2 x-13 feet; thence North 010 00' 00" West 60.00 feet to the POINT OF BEGINNING, containing 13,639 square feet, or 0.313 acres, more or less. SECTION 2. The City Specifically retains the right to use, and allow others to use, the former street rightof -way in it's entirety as a public utility and drainage easement. SECTION 3. Abutting owners of record, receiving title to the abandoned right -of -way and easement shall at their cost remove all vestiges of public use and access as may exist; such modifications shall include, but are not limited to the following: A. The entrances on both ends of the abandoned right - of -way and easement shall be offset an /or rebuilt to conform to the standard driveway design as required by Ordinance No. 12,501 B. The edge of pavement of the right -of -way shall be rebuilt to conform to existing conditions in the general vicinity where the abandoned right -of -way and easement intersects with the remaining public right -of -way. SECTION 4. A copy of this Ordinance, duly certified by the City Clerk, shall be filed in the Office of the Recorder of Pulaski County and recorded in the records of the County. SECTION 5. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED: May 3, 1994 TE T• 1 - APPRO p���� CITY CLERK ROBBIE HANCOCK MAYO, JIM DAILEY 241 RMB \CHENROW2 D-73 A-M I DRIVE 0 a 0 D= Z Q� 3 O in • I I �I QSHNOCp o1 R. ELMRIDGE � D W 0 i J W O Q J ' Q U 0 a Q� ABANDONED ADECREST DRIVE CHENAL PARKWAY STOL RD. Abandoment of a Public Right of Way LSE BIRCHWOOD DRIVE ITEM NO. G -23 -206 � 73