16830• • 12
ORDINANCE NO. 16,830
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN
BLOCK 36, ORIGINAL CITY OF LITTLE ROCK, ARKAN-
SAS.
WHEREAS, a petition was duly filed with the Little Rock City
Clerk on the 15th day of November , 1994 , asking the Little
Rock Board of Directors to vacate and abandon all of the unplatted
alley in Block 36, Original City of Little Rock, Arkansas, which
Block 36 is shown on the plat of the Original City now appearing of
record in Plat Book L, Page 330, 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 alley hereinbefore described, has been created
by prescription by public use as an alley, has not been actually
used by the public generally for a period of at least five (5)
years subsequent to creation of the prescriptive right -of -way; that
all owners of the property abutting upon the alley to be vacated
have filed with the City Clerk their written consent to the
abandonment; and
WHEREAS, the public interest and welfare will not be adversely
affected by the abandonment of the alley.
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 alley designated as follows:
The east /west alley in Block 36, Original City of
Little Rock, running from the East line of Cumberland
Street on the West to the West line of Rock Street on the
East, and over the South 10 feet of Lots 3 and 10, and
the North 10 feet of Lots 4 and 9, all in Block 36,
Original City of Little Rock.
SECTION 2. The City specifically retains the right to use,
and allow others to use, the former alley right -of -way in its
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:
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A. The entrances on both ends of the abandoned right -of -way
and easement shall be offset and /or rebuilt to conform to
the standard driveway design as required by Little Rock,
Ark. Rev. Code Sec. 30- 26 - -50 (1988).
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 S. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED: January 3, 1995
ATTEST:
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CITY CLERIC Rob,1e Hancock
APPROVED:
MAYOR Jim Dailey
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