20151200906 E 15 Received, 9'28/2009 9:32:42 AM
Recorded: N128/2,0,09 :09:4 3, ;A'M Feed
Recorded in Official l Records of :A'T O'BRiEP
1 ORDINANCE NO. PULA I COUNTY CIRCU r_ °COt NTY CLERK
Fees $25,00
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3 AN ORDINANCE FOR THE EXCLUSIVE ABANDONMENT OF A PORTION
4 OF FAIR PARK BOULEVARD, SOUTH TAYLOR STREET, MARYLAND
5 AVENUE, SOUTH FILLMORE STREET, AND ALLEYS LOCATED WITHIN
6 BLOCKS 3, 4, 5 AND 6 OF THE PERRY HEIGHTS ADDITION, IN THE
7 CITY OF LITTLE ROCK, ARKANSAS, AS PUBLIC RIGHT -OF -WAY; AND
8 FOR OTHER PURPOSES.
9 WHEREAS, a request was made to vacate and abandon a portion of Fair Park Boulevard, South
10 Taylor Street, Maryland Avenue, South Fillmore Street, and alleys located within Blocks 3, 4, 5 and 6 of
11 the Perry Heights Addition, including the abandonment of utility and drainage easements, less and except
12 a described retained easement, as public right -of -way, pursuant to the City's general police power
13 authority under Ark. Code Ann. § 14 -54 -104; and
14 WHEREAS, the Board has determined that the abandoning of this public right -of -way will not have
15 an adverse impact on the adjacent property owners nor the local traffic, and therefore, the right -of -way
16 abandoned by this ordinance is no longer needed for corporate purposes, except as otherwise noted below;
17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
18 OF LITTLE ROCK, ARKANSAS:
19 Section 1. The Board of Directors hereby releases, vacates, and abandons the portion of Fair Park
20 Boulevard, South Taylor Street, Maryland Avenue, South Fillmore Street and alleys located within
21 Blocks 3, 4, 5 and 6 of the Perry Heights Addition as public right -of -way, including the abandonment of
22 utility and drainage easements, less and except the following described retained easements:
23 EASEMENT NO. 1 DESCRIPTION (Fillmore Street RIW):
24 Part of the existing Fillmore Street right -of -way lying West of Block 4, Perry Heights
25 Addition to the City of Little Rock, Pulaski County, Arkansas, being more particularly
26 described as follows: Commencing at the Southwest corner of said Block 4, Perry
27 Heights Addition; thence along the West line of said Block 4, North 00 °51'32" East
28 248.10 feet to a point on the Southerly right -of -way line of Interstate Highway 630;
29 thence along said right -of -way line, South 75 °08'28" West 16.80 feet to the POINT OF
30 BEGINNING; thence South 01 °07'34" West 181.39 feet to a point on the proposed right -
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31 of -way line of Fillmore Sheet; thence along said proposed right -of -way line, on a`��f��,�,
32 to the left having a radius of 50.00 feet, an arc distance of 20.61 feet and a ch� or( 14, � it may'
33 and distance of South 78 °56'48" West 20.46 feet; thence North 01'07'34" EA � c
34 feet to a point on the Southerly right -of -way line of Interstate Highway No. 63EI ~;
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along said right-of-way line South 87'59'47" East 4.37 feet thence continuing a on
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ORDINANCE
To abandon ROW m Peru} HeiOits Addn.
I said right -of -way line, North 75 °08'28" East 16.26 feet to the POINT OF BEGINNING,
2 containing 3,602.0 square feet, or, 0.083 acres, more or less.
3
4 EASEMENT NO. 2 DESCRIPTION (Maryland Avenue R/W):
5 Part of the existing Maryland Avenue right -of -way lying South of Block 4 and Block 3,
6 Perry Heights Addition to the City of Little Rock, Pulaski County, Arkansas, being more
7 particularly described as follows: Commencing at the Southwest corner of said Block 4,
8 Perry Heights Addition; thence along the South line of said Block 4, South 87 016105"
9 East 31.33 feet to a point on the proposed right -of -way line of Fillmore Street; thence
10 along said proposed right -of -way line, on a curve to the right having a radius of 50.00
11 feet, an are distance of 18.31 feet and a chord bearing and distance of South 26 °38'30"
12 West 18.21 feet to the POINT OF BEGINNING; thence South 87 °15'48" East 276.30
13 feet; thence North 69'30'13" East 42.26 feet to a point on the existing Northerly right -of-
14 way line of Maryland Avenue; thence along said right -of -way line, South 87 °16'05" East
15 43.20 feet to a point on the proposed right -of -way line of Taylor Street; thence along said
16 proposed right -of -way line, on a curve to the left having a radius of 130.00 feet, an arc
17 distance of 96.03 feet and a chord bearing and distance of South 55 °37'36" West 93.87
18 feet; thence North 51 °45'47" West 34.37 feet; thence North 87 °15'48" West 274.44 feet
19 to a point on the proposed right -of -way line of Fillmore Street; thence along said
20 proposed right -of -way line, on a curve to the right having a radius of 25.00 feet, an are
21 distance of 10.49 feet and a chord bearing and distance of North 44 °51'31" East 10.41
22 feet; thence continuing along said proposed right -of -line of Fillmore Street, on a curve to
23 the left having a radius of 50.00 feet, an arc distance of 17.23 feet and a chord bearing
24 and distance of North 47'00'14" East 17.15 feet to the POINT OF BEGINNING,
25 containing 7,499.8 square feet, or, 0.172 acres, more or less.
26
27 Section 2. A copy of this ordinance, duly certified by the City Clerk, shall be filed in the real estate
28 records of the recorder of the Circuit Clerk in ex officio recorder of Pulaski County, Arkansas.
29 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
30 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
31 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
32 effect as if the portion so declared or adjudged to be invalid or unconstitutional were not originally a part
33 of the ordinance.
34 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same that are
35 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
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ORDINANCE
To abandon ROW in Perrry Heights Addn.
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PASSED: September 1, 2009
APPROVED AS TO LEGAL FORM:
.I-e
Thomas M. Carpenter, Cit ' ttorney
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ORDINANCE
To abandon ROW in Perrry Heieh[s Addn.
[PAGE 3 or 31
APPROVED:
Mark Stodola,