17477ORDINANCE NO. 17,477 341
AN ORDINANCE VACATING AND CLOSING A PORTION OF
WEST MARKHAM STREET EXTENSION BETWEEN GAMBLE ROAD
AND TRACT 9, HILLVALE ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS.
WHEREAS, a petition was duly filed with the Little Rock
City Clerk on the 17th day of March, 1997, asking the Little
Rock Board of Directors to vacate and abandon all that
portion of West Markham Street Extension between Gamble Road
and Tract 9, Hillvale Addition to the City of Little Rock,
Arkansas, as designated on the plat of said Addition now
appearing of record in Plat Book 4, Page 38, 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:
West Markham Street Extension between Gamble Road
and Tract 9, Hillvale Addition - a strip of land
60' wide, lying parallel to, south of, and
adjoining the south line of the Little Rock
Municipal Water Works easement - Tract 9, Hillvale
Addition, Little Rock, Arkansas, east of the east
right -o£ -way line of Gamble Road and the east line
of Tract 9, Hillvale Addition, Plat Book #4, Page
38, and the Bill of Assurance for Hillvale
Addition recorded in Deed Record Book 281, Page
365 in the records of the Circuit County Clerk of
Pulaski County, Arkansas.
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. 36-
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: May .6, 1997
ATTEST:
CITY CLERK ROBBIE HANCO R
APPROVED:
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Proposed closing of
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CLOSING OF
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1/21/1997
TRS IN 13W 8 CLOSING OF WEST ITEM NO.
PD 18 MARKHAM STREET EXTENSION
Cr 42.06 G -23 -265 NORTH
Near Chenal & W. Markham