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11777f V ORDINANCE NO. 11,777 AN ORDINANCE RELEASING, VACATING AND ABANDONING WEST 11TH STREET IN THE CITY OF LITTLE ROCK -LYING BETWEEN THE WEST CURB LINE OF BISHOP STREET AND THE EAST CURB LINE OF MARSHALL STREET AND BETWEEN THE WEST CURB LINE OF MARSHALL STREET AND THE EAST CURB LINE OF WOLFE STREET; AND FOR OTHER PURPOSES WHEREAS., a petition was duly filed with the Board of Direc- tors of the City of Little Rock, Arkansas, on the 22nd day of June, 19662 asking the Board of Directors to vacate and abandon all that portion of West 11th Street designated on the plat of Marshall and Wolfe's Addition to said city, now appearing of record in Deed Record Book M -2, at Page 625, and on the plat of Fitzgerald's Addi- tion to said city, now appearing of record in Deed Record Book AB, at Page 263, in the Office of the Recorder of Pulaski County, Arkansas, beginning at the west curb line of Bishop Street on West 11th Street and ending at the east curb line of Marshall Street, and beginning at the west curb line of Marshall Street and ending at the east curb line of Wolfe Street; 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 portions of the street hereinbefore described have hereto- fore been dedicated to the public use as a street; that Arkansas Bap- tist Medical Center, a public non - profit charitable institution, de- dicated to the healing of the sick and infirm, owns the realty abut- ting on the south side of the street above described, between Bishop and Wolfe Streets, and that it owns the realty abutting upon the north side of that portion of 11th Street lying between Marshall Street and Wolfe Street; and that Immanuel Baptist Church owns the realty abut- ting upon the north side of that portion of West 11th Street lying between Bishop Street and Marshall Street; and that, in order to ren= der more effectual aid to the ailing and to enable Immanuel Baptist Church to make more effective use of its property by the installation of a two -way drive on the south side of its facilities, thereby dimi- nishing the hazards to children and elderly people attending said church and its religious school, thereby, also, relieving congestion on other streets surrounding said church, both Arkansas Baptist Medi- cal Center and Immanuel Baptist Church require the use of the describ- ed portions of said West 11th Street; that the public interest will be enhanced and better served by the abandonment of said portions of West 11th Street, and the public interest and welfare will not be ad- versly affected by the abandonment of said rights of way. NOW THEREFORE, be it ordained by the Board of Directors of the City of Little Rock: SECTION 1. The City of Little Rock, Arkansas hereby re- leases, vacates and abandons all its rights, together with the rights of the public generally, in and to the street designated as follows: All those portions of West 11th Street lying between the west curb line of Bishop Street and the east curb line of Marshall Street, abutting Block 3, Fitzgerald's Addition to the City of Little Rock and abutting Block 22, Marshall and Wolfe's Addition to the City of Little Rock; and all that portion of West 11th Street lying between the west curb line of Marshall Street and the east curb line of Wolfe Street abutting Block 12 and Block 21 of Marshall and Wolfe's Addition to the City of Little Rock. SECTION 2. There is hereby reserved unto the Arkansas Power & Light Company and unto its successors and assigns, and to other utility companies now operating by or under franchise from the City of Little Rock, and to the successors and assigns of each of said utility companies, all of the rights, privileges, authority, ease- ments and land spaces and spaces above the lands they now hold, own or occupy upon, underneath and above that part of West 11th Street which is now dedicated to the public use and used as a public way between Bishop Street and Wolfe Street, as aforesaid, notwithstanding the form, manner or procedures under which such rights, privileges, authority and spaces were acquired by said utility companies. There MAW r" I is also hereby reserved unto the City of Little Rock the right of ingress and egress over and upon said lands for the purpose of main- taining and controlling drainage in said area. SECTION 3. A copy of this ordinance, duly certified by the City Clerk, shall be filed in the Office of the Recorder of Pulaski County and shall be recorded in the Deed Records of said County. SECTION 4. All ordinances and parts of ordinances in con- flict herewith are repealed. WHEREAS, additional hospital facilities are a present need in Little Rock in order to provide for the speedy and improved care of the infirm and ill, and whereas, there exists an immediate need to relieve traffic congestion in the vicinity of Immanuel Baptist Church and to lessen the risks to children and elderly people using the street surrounding Immanuel Baptist Church, an emergency is hereby declared to exist and, therefore, this ordinance shall take effect and be in force immediately. PASSED: August 1, 1966 ATTEST �_xj,.,,1 .7. 1 a�.O Z,) A City Clerk