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19675ORDINANCE NO. 19,675 AN ORDINANCE VACATING UNVACATED PORTIONS OF THE PLAT OF FAIRVIEW ADDITION TO THE CITY OF LITTLE ROCK AND ALL OF THE RIGHT OF WAY OF THE FOLLOWING STREETS IN FAIRVIEW ADDITION: CENTRAL AVENUE, OUACHITA AVENUE, FLORENCE AVENUE, FAIRVIEW AVENUE, ARCH STREET, BROADWAY STREET, SPRING STREET, CENTER STREET, AND LOUISIANA STREET WHEREAS, a petition was duly filed with the Board of Directors of the City of Little Rock, Arkansas, on the 16th day of November, 2006, asking the Board of Directors to vacate and abandon all of that portion of the Fairview Addition plat remaining unvacated at that time, except the portions of lots in said Fairview Addition located to the north and west of the southeasterly right of way line of abandoned Hwy 367 (Arch Street Pike), including the streets, alleys, rights of way and easements designated on the plat of the Fairview Addition to the City of Little Rock now appearing on record in plat book 1 at page 121, in the office of the recorder of Pulaski County, except the portions of lots in said addition located to the north and west of the southeasterly right of way line of abandoned Hwy 367 (Arch Street Pike); 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 streets, alleys, rights of way and easements or portions thereof, hereinbefore described, has heretofore been dedicated to the public use as a street, alley, rights of way or easement herein described, are not currently in use by the public and 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 3M Company is the sole owner of the property abutting the portion of the streets, alleys, rights of way or easements to be vacated and by its petition for such vacation and abandonment has filed with the Board of Directors its written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the street, alley, right of way and /or easement; and WHEREAS, all of the lots within the Fairview Addition plat, except the portions of lots in said addition located to the north and west of the southeasterly right of way line of Hwy 367 (Old Arch Street Pike), are owned by one party which has not sold any such lots; and WHEREAS, none of the dedicated streets and alleys within the Fairview Addition plat have been improved. NOW THEREFORE, be it ordained by the Board of Directors of the City of LITTLE ROCK, ARKANSAS: SECTION 1. The Board of Directors of the City of Little Rock hereby approves the vacation of the previously unvacated portions of the plat of Fairview Addition to the City of Little Rock as described herein, and it releases, vacates, and abandons all its rights therein, together with the rights of the public generally in the streets, alleys, rights of way and easements included in the legal description of the portion to be vacated, described as follows: The following described property located in Section 22, Township l North, Range 12 West, Pulaski County, Arkansas, and being part of the property platted as FAIRVIEW ADDITION to the City of Little Rock, Pulaski County, Arkansas: The East Half of the Northwest Quarter of the Southeast Quarter (E' /z N W' /4 S E' /4); 2. The East Half of the West Half of the Northwest Quarter of the Southeast Quarter (E' /z W' /z NW' /4 SE' /4), except that part of Block 3 of Fairview Addition lying North and West of the Southeasterly right -of- way line of abandoned Highway 367 (Arch Street Pike); and That part of the Southwest Quarter of the Southeast Quarter (SW' /4 SE' /4) lying North of the street designated as Granite Avenue on the plat of Fairview Addition. The particular streets and alleys being vacated are: All of Central Avenue, all of Ouachita Avenue, all of Florence Avenue, all of Fairview Avenue, Louisiana Street from the north line of Granite Avenue to the north line of Fairview Addition, Center Street from the north line of Granite Avenue to the north line of Fairview Addition, Spring Street from the north line of Granite Avenue to the north line of Fairview Addition, Broadway Street from the north line of Granite Avenue to the southeasterly right -of -way line of abandoned Highway 367 (Arch Street Pike), Arch Street from the north line of Granite Avenue to the north line of Fairview Addition, Blocks 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 and all alleys contained therein or adjacent thereto, and Block 3 except for the area north and west of the southeasterly right of way line of abandoned Highway 367 (Arch Street Pike) and all alleys contained therein or adjacent thereto. SECTION 2. A copy of the ordinance duly certified by the city clerk or town recorder shall be filed in the office of the recorder of the county and recorded in the deed records of the county. SECTION 3. This Ordinance shall be in full force and effect from and after the date of its passage. PASSED: January 2, 2007 ATTEST: Na cy Wood ity Clerk APPROVED AS TO FORM: Thomas M. Carpenter, City Zorney APPROVED: — - kl, I, Z' Mark Stodola, Mayor °o ❑ 0 R3 0 ❑ a aoo 00 .,b �:g° a ° R4 ` ��� o o �4ama wa a H sTo a 13 00 ma, oa ,ro PR ° d!� pF4fiT[f.•� u° �. 13 13 PR m o a o R3 d k, R3 PR �Q i i 0' INTERSTATE 4qp - \N \N1v'slpl E 3� R2 IZ os PR M Do M J....... 9 0 0 o j R2 v � ye j m 1 M N' 66TH 13 I P 2 R2 _ p Vicinity Map Area Zoning Case: G -23 -370 Location: Fairview Addition Ward: 2 PD: 23 CT: 40.01 TRS: T1NR12W22 0 750 1,500 Feet G-23-370 *FAIRVIEW ADDITION* REDUCTIOND OTACREAGE CITY OF LITTLE ROCK, ARKANSAS PETITION TO VACATE A PLAT AND TO VACATE CERTAIN STREETS AND ALLEYS LOCATED IN THE FAIRVIEW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS TO: The Board of Directors of The City of Little Rock 3M Company, the owner of the real estate comprising and abutting the real property hereinafter sought to be abandoned and vacated, lying in the Fairview Addition to the City of Little Rock, Arkansas a municipal corporation, petitions to vacate that certain real property more particularly described on Exhibit A, attached hereto ( "Property "). 1. Petitioner is the owner of all of the Property located in or outside of the Fairview Addition which is to be vacated or which abuts streets, alleys, rights of way or easements to be vacated. 2. The abutting real estate affected by said abandonment of the Property is comprised of unplatted land owned by Petitioner in the Northeast Quarter of the Southeast Quarter (NE '/4 SE '/4) , the Northeast Quarter of the Southeast Quarter of the Southwest Quarter (NE '/4 SE '/4 SW '/4), the Southwest Quarter of the Southeast Quarter (SW '/4 SE '/4), the Northwest Quarter of the Southeast Quarter of the Southeast Quarter (NW '/4 SE '/4 SE '/4) , the West Half of the Northeast Quarter of the Southeast Quarter (W '/2 NE '/4 SE '/4) and the South Half of the Southwest Quarter of the Northeast Quarter (S '/2 SW '/4 NE '/4) all in Sec 22, T -1 -N, R -12 -W, Pulaski County, AR. 3. A photostatic copy of the original plat of the Fairview Addition to the City of Little Rock located in the Circuit Clerk's Office for the County of Pulaski, State of Arkansa, is attached hereto, marked as Exhibit B, and made a part hereof as though set out herein word for word. 4. The Petitioner states that the above described Property is not open, the streets and alleys contained thereon have never been improved and have not been used by the general public for five years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described Property. 5. The Petitioner states that all utility easements situated on the described Property have been released. All utilities have consented to the vacation sought by this petition. 6. The Petitioner states that all other portions of the Fairview Addition, except the portions of lots located to the northeast of the southeasterly ]022295.1 right of way line of Hwy 367 (Old Arch Street Pike), were previously vacated pursuant to Little Rock City Ordinance Nos. 16,206, adopted May 5, 1992, and 16,965, adopted September 19, 1995. 7. The Petitioner prays that the City of Little Rock, Arkansas release, abandon and vacate the above described Property and prays that the above described Property be used for the Petitioner's benefit and purpose as now approved by law. 8. The Petitioner further prays that the streets, alleys and any easements and right of ways be vested in the abutting property owners (i.e., Petitioner) as provided by law. WHEREFORE, the undersigned Petitioner respectfully prays that the governing body of the City of Little Rock, Arkansas, release, abandon and vacate the above described Property and that to the extent that title to said Property sought to be abandoned is not currently vested in the abutting property owners that such title be vested in the abutting property owners as provided by law, and as to that particular land the owner be free from the easements of the public for the use of said Property. Dated this 16th day of November, 2006. Respectfully submitted, Margaret A. Johnston Arkansas Bar No. 2003163 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201 (501) 688 -8870 Attorneys for Petitioner 1022295.1 EXHIBIT A The following described property located in Section 22, Township 1 North, Range 12 West, Pulaski County, Arkansas, and being part of the property platted as FAIRVIEW ADDITION to the City of Little Rock, Pulaski County, Arkansas: 1. The East Half of the Northwest Quarter of the Southeast Quarter (E' /2 NW' /4 SE' /4); 2. The East Half of the West Half of the Northwest Quarter of the Southeast Quarter (E' /2 W' /2 NW' /4 SE' /4), except that part of Block 3 of Fairview Addition lying North and West of the Southeasterly right -of -way line of abandoned Highway 367 (Arch Street Pike); and 3. That part of the Southwest Quarter of the Southeast Quarter (SW' /4 SE' /4) lying North of the street designated as Granite Avenue on the plat of Fairview Addition. The particular streets and alleys being vacated are: All of Central Avenue, all of Ouachita Avenues, all of Florence Avenue, all of Fairview Avenue, Louisiana Street from the north line of Granite Avenue to the north line of Fairview Additions, Center Street from the north line of Granite Avenue to the north line of Fairview Addition, Spring Street from the north line of Granite Avenue to the north line of Fairview Addition, Broadway Street from the north line of Granite Avenue to the southeasterly right -of -way line of abandoned Highway 367 (Arch Street Pike), Arch Street from the north line of Granite Avenue to the north line of Fairview Addition, Blocks 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 and all alleys contained therein or adjacent thereto, and Block 3 except for the area north and west of the southeasterly right of way line of abandoned Highway 367 (Arch Street Pike) and all alleys contained therein or adjacent thereto. 1022295.1 EXHIBIT B [Plat] 1022295.1 �!+G� "` .y.5..rvci•.• '.G:.ia:..,C7. _ � " .< � � `. 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C c .. -a .« . �.fGi+ A. h/..'L- n.lt ./�.2/.I.... d GF- 6� G,. 44 'L� r'•`� .Ear..... �{ .... /,r.. / ..., .• .w : �: ...:� i'' .c .b..r.:Ei;.,,, i " »,�1 :Aay ..,,.._......� ..,.. ,• /,�../�. , :/�:.�.' �..� r ... .... ,, Cd..!-! ...�..!...lw�. r'.dr.lw., rw._.wC.//.r. �A_.GC� ^..� :¢: �L -+�.:f .r`� -�'. ... �'A.r., /F ./' ... .... t; .n•�...�.r ..� s.w »pia •! "w -I ..,t'd..-'•'. d�+.:.G.t q�*jy R�� PHOTOSTATIC COPY OF THE PLAT OF FAIRVIEW ADDITION FILED IN THE OFFICE OF THE COUNTY RECORDER OF PULASKI COUNTY i W 1 lie 1 I b _ qp N 1 < 1 1• � 11 if ------- - - - -,� , e ,. to EMU jl Old. grid 9• -..... eex: . New Bridgt+ ; Loolien : e. ,�m� tst• f} r IuYel•. CIL: r: : 7. �lR_.117_... �mom �© +t s +s 2 1 � t + ,s s is It s 14 u . rr +s III 4 s IS 11 a 11 FAIRVIEW +• 1• ADDITION t • e TO , THE.Cr Y ,• , ,• OF LITTLE ROCK ! ,. ,. W 1 lie 1 I b _ qp N 1 < 1 1• � 11 if ------- - - - -,� , e ,. to EMU jl ®l e �mom �© 1* 171 1 PURSUANT TO THIS PETITION 1 ' 3 14 t 17 s 1: 18 s, t i B s o u 2 0 s» +1 s i1 • fl • '� n s ; , OAr,w000 AVE t , , n t is , ,• �� t + , ' ,s t u s s t u t 14 3 14 , 1 1 ,� ' ,s 22 13 21 t r L ,w N ,. WNiTNGTON AVf N t H , t• , 14 , p 1 ,• 1 , F. r0 1 tf • Is ! Is 7 is t 14 3 14 lj JI 'J ,s —25 t' 26 • 's 27 � 26 1 1 u.. 17 , ! ,: s is s IT 1 �. 1, { it t 11 lie ,e , ,t , he ;. ` , ,I e �mom �© e ffmwl � � 1* 171 1 PURSUANT TO THIS PETITION 1 ' 3 14 t 17 s 1: 18 s, t i B s o u 2 0 s» +1 s i1 • fl • '� n s ; , OAr,w000 AVE t , , n t is , ,• �� t + , ' ,s t u s s t u t 14 3 14 , 1 1 ,� ' ,s 22 13 21 t r L ,w N ,. WNiTNGTON AVf N t H , t• , 14 , p 1 ,• 1 , F. r0 1 tf • Is ! 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