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16835M M M M 25 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. • E 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: Y R JIM1 DAILEY M zG m W. 27TH. ST. W. 29 TH. H N H c� - z i - -- - (A - W.-30� TH. .. ST. F —WAY Co rn T � 3 w J :ST. Abandonment -of a Public Right of Way -1 f _ F -i f- TRS G -23 -220 ITEM WO. PD WEST 28TH STREET " CT