16943ORDINANCE NO. 16, 9 4 3 279
AN ORDINANCE VACATING AND CLOSING A PORTION OF
FAIRVIEW ROAD AT THE INTERSECTION OF FAIRVIEW
ROAD AND PLEASANT RIDGE ROAD IN FAIRVIEW PARK
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
WHEREAS, a petition was duly filed with the Little Rock City Clerk on the 30th day of
June, 1995, asking the Little Rock Board of Directors to vacate and abandon a portion of
Fairview Road at the intersection of Fairview Road and Pleasant Ridge Road. Block 5 of
Fairview Park Addition to the City of Little Rock, Arkansas, as designated on the plat of said
Addition now appearing of record as Instrument Number 94- 81129, 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 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 street designated as follows:
A parcel of land lying within the South 410 ft. of Tract "I ", Woodland Heights
Subdivision, an Addition to the City of Little Rock, Arkansas and more
particularly described as: Starting at the Southwest comer of Lot 5, Fairview Park,
an Addition to the City of Little Rock, Arkansas, said point also being the
intersection of the North right -of -way line of Pleasant Ridge Road (60' ROW) and
the East right -of -way line of Fairview Road (50' ROW), said point also being
PAGIS Marker No. 2045 -0089; thence N1 °44'17 "E, along the East right -of -way
line of said Fairview Road, 4.81 ft. To the point of beginning; thence Westerly
and Northerly along the arc of a 25 ft. Radius curve to the right. having a chord
bearing and distance ofN24 °49'25 "W, 22.36 ft.; thence N1 °44'17 "E, 10.35 ft. To
the West right -of -way line of said Fairview Road; thence S87 °22'37 "E along said
West right -of -way line, 10.0 ft.; thence S1 °44'17 "W along said West right -of -way
line, 30.19 ft. To the point of beginning, containing 202.7 ft. more or less.
7
0
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 easements.
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, buy 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 5. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED: august 1, 1995
ATTEST:
(2n A ck-
CITY CLERK ROBBIE HANCOCK
APPROVED:
3LA&&�
Z' R JIM DAILEY
.M
Abandoment of a Public Right of Way
281
7RS ITEM NO.
G -23 -233
Pp
FAIRVIEW ROAD
CTuj
5/95