18765•
1
2
3 AN ORDINANCE ABANDONING THE NORTH -SOUTH ALLEY
4 CONNECTING CAPITOL AVENUE AND 4TH STREET BETWEEN
5 ARCH STREET AND BROADWAY IN THE CITY OF LITTLE ROCK,
6 ARKANSAS.
7
8 WHEREAS, a petition for alley abandonment was filed with the City of Little
9 Rock ("City") by the United States Government, owner of all property abutting the alley
10 connecting Capitol Avenue and 4th Street between Arch Street and Broadway; and
11 WHEREAS, the Little Rock Board of Directors held a public hearing on October
12 15, 2002 to determine whether the alley was needed for highway purposes; and
13 WHEREAS, based on information presented at the hearing, the Board of
14 Directors determined that the alley was no longer needed by the City, and that the
15 welfare of the City would be enhanced by vacating the alley and conveying title to
16 petitioner for the purpose of expanding the U.S. Post Office — Federal Courthouse
17 complex; and
18 WHEREAS, all local utility companies have been notified of the proposed alley
19 closure and have consented to abandonment of the public right-of-way, with a
20 temporary easement reservation requested by Entergy and Little Rock Wastewater,
21 pending relocation of their facilities.
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
23 OF THE CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1. Subject to a temporary utility and drainage easement reservation
25 by the City, the Board of Directors hereby releases, vacates, and abandons all of the
26 right of the City of Little Rock, together with the right of the public in general; •in,and to
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27 the alley right-of-way described as follows: o ° °D0
i P
ORDINANCE NO. 18,765
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2002194117 11/06/2002 10:18:40 AR
Filed 8 Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees 114.08
[PAGE 1 OF 3]
Ordinance
Alley Closure and Conveyance
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1 All that portion of the twenty foot wide North-South alley located in Block
2 117, Original City of Little Rock, Pulaski County, Arkansas, now appearing of
3 record in Deed Record L, Page 490.
4
5 Section 2. The City specifically retains the right to use, and allow others to
6 use, the former alley right-of-way in its entirety as a temporary utility and drainage
7 easement until the existing electric facilities and sewer main are relocated to the
8 satisfaction of the respective utility owners.
9 Section 3. The City Manager is hereby authorized to enter into an agreement
10 pursuant to Arkansas Code § 14-301-112, for the purpose of abandoning the
11 unnecessary alley right-of-way and conveying title to the property to the adjoining
12 property owner,
13 Section 4. The Mayor and City Clerk are hereby authorized to execute a deed
14 and any other documents approved by the City Attorney to convey the City's fee
15 interest in the abandoned alleyway to the United States Government, pursuant to
16 Arkansas Code § 14-54-302.
17 Section 5. A copy of the agreement abandoning the alley right-of-way, a copy
18 of this ordinance duly certified by the City Clerk, and the deed of conveyance shall be
19 filed in the real estate records of the recorder of the Circuit Clerk in ex officio recorder
20 of Pulaski County, Arkansas.
21 Section 6. Severability. In the event any title, section, item, sentence, phrase,
22 or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
23 declaration or adjudication shall not affect the remaining portions of the ordinance
24 which shall remain in full force and effect as if the portion so declared or adjudged
25 invalid or unconstitutional was not originally a part of the ordinance.
26 Section 7. Repealer. All ordinances and resolutions inconsistent with this
27 ordinance arc hereby repealed to the extent of such inconsistency.
[PAGE 2 of 3]
Ordinance
Alley Closure and Conveyance
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1
2 PASSED: OCTOBER 15, 2002
3 Al I EST:
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5
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7
Nancy Wood, City Clerk
8 APPROVED AS TO LEGAL FORM:
9
10
11 Thomas M. Carpenter, Ci
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Ordinance
Alley Closure and Conveyance
[PAGE 3 OF 31
APPROVED:
ailey, Mayor