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ORDINANCE NO. 16,835
AN ORDINANCE VACATING AND CLOSING A PORTION OF
WEST 28TH STREET EXTENDING ONE -HALF BLOCK WEST OF
LEWIS STREET BETWEEN BLOCK 3, OAK GROVE SQUARE
ADDITION AND BLOCK 1, RIFFEL AND HOLDER'S ADDITION
IN THE CITY OF LITTLE ROCK, ARKANSAS.
WHEREAS, a petition was duly filed with the Little Rock
City Clerk on the 19th day of December, 1994, asking the
Little Rock Board of Directors to vacate and abandon all
that portion of West 28th Street extending one -half block
west of Lewis Street (to the drainage ditch) and abutting
Lot 6, Block 3, Oak Grove Square Addition and Lots 5, 6 and
the east 37.5 feet, more or less, of Lot 7, Block 1, Riffel
and Holder's Addition to the City of Little Rock, Arkansas,
as designated on the plat of said Additions, now appearing
of record in Plat Book 1, Page 23, and Plat Book 2, Page
139, 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 street hereinbefore
described has been dedicated to the public use as a street,
has not been actually used by the public generally for a
period of at least five (5) years subsequent to the filing
of the plat; that all owners of the property abutting upon
the portion of the street 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 street.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
TORS 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 street designated as
follows:
That portion of West 28th Street extending one -
half block west of Lewis Street to the drainage
ditch, and abutting Lot 6, Block 3, Oak Grove
Square Addition and Lots 5, 6 and the East 37.5
feet, more or less, of Lot 7, Block 1, Riffel and
Holder's Addition of the City of Little Rock,
Arkansas.
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SECTION 2. The City specifically retains the right to
use, and allow others to use, the former street 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:
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 17, 1995
ATTEST:
CITY CLERK ROBBIE HATNCOM
APPROVED:
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