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19245I 2 ORDINANCE NO. 19,245 3 AN ORDINANCE TO VACATE AND ABANDON A PORTION OF 4 GAINES STREET BETWEEN CAPITOL AVENUE AND 4TH STREET, 5 IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER 6 PURPOSES 7 8 WHEREAS, a request was made by the United States General Services 9 Administration to abandon a portion of Gaines Street between Capitol Avenue and 4th 10 Street pursuant to the City's general police power authority under Ark. Code Ann. § 14- 11 54 -104; and 12 WHEREAS, the United States government owns all property adjoining the 13 proposed street closure and requests the abandonment to create a plaza area which will 14 provide secure access to the federal complex for pedestrian use only, with access 15 available for authorized and emergency vehicles only, by way of a guard gate along the 16 West 41h Street entrance; and 17 WHEREAS, the Board has determined that the abandoning of this portion of the 18 public right -of -way will not have an adverse impact on the adjacent property owners 19 nor the local traffic, and therefore, the right -of -way abandoned by this ordinance is no 20 longer needed for corporate purposes except as otherwise noted below. 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS 22 OF THE CITY OF LITTLE ROCK, ARKANSAS: 23 Section 1. The Board of Directors hereby releases, vacates, and abandons the 24 one block section of the 60- foot -wide Gaines Street right -of -way between West 41h Street 25 and Capitol Avenue, together with the right of public in general, in the City of Little 26 Rock, Pulaski County, Arkansas. [PAGE 1 OF 2] Ordinance Street Closure and Conveyance I Section 2. The City specifically retains the right to use, and allow others to 2 use, the former street right -of -way as a utility and drainage easement. 3 Section 3. The Mayor and City Clerk are hereby authorized to execute a deed 4 and any other documents approved by the City Attorney to convey the City's fee 5 interest in the abandoned right -of -way to the United States Government, pursuant to 6 Arkansas Code § 14 -54 -302. 7 Section 4. A copy of this ordinance duly certified by the City Clerk, and the 8 deed of conveyance shall be filed in the real estate records of the recorder of the Circuit 9 Clerk in ex officio recorder of Pulaski County, Arkansas. 10 Section 5. Severability. In the event any title, section, paragraph, item, 11 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid 12 or unconstitutional, such declaration or adjudication shall not affect the remaining 13 portions of the ordinance which shall remain in full force and effect as if the portion so 14 declared or adjudged invalid or unconstitutional was not originally a part of the 15 ordinance. 16 Section 6. Repealer. All ordinances and resolutions inconsistent with this 17 ordinance are hereby repealed to the extent of such inconsistency. 18 PASSED: December 7, 2004 19 ATTEST: 20 21 22 Nan y Woo ,City Clerk 23 24 APPROVED AS TO LEGAL FORM: 25 26 27 Thomas M. Carpenter, City Attorney APPROVED: Jim 4ey, Mayor [PAGE 2 OF 2] Ordinance Street Closure and Conveyance NOTICE OF HEARING TO BE HELD BY THE LITTLE ROCK BOARD OF DIRECTORS ON A PETITION TO CLOSE A "PORTION OF PUBLIC RIGHT -OF -WAY" TO ALL OWNERS OF LAND ABUTTING THE BELOW DESCRIBED STREET OR ALLEY CLOSURE: Notice is herby given on December 7 , 2004 , at 6:00 P.M. in the Chamber of the Board of Directors of the City of Little Rock, Second Floor, City Hall, Markham & Broadway Streets, the Little Rock Board of Directors will hold a public hearing on a petition filed by the U. S General Services Administration Public Building Service Said petition requests the abandonment of public right -of -way described as follows; Gaines Street lying between 4th Street and Capitol Avenue; between and parrellel to States Street to the west and Broadway Street to the , the City of Little Rock Pulaski County, Arkansas All parties in interest may appear and be heard at said time and place or may notify the Board of Directors of their views by letter_ The nPtitinn nnri At] nPrtinant rlata m�2nc Pto GSA Greater Southwest Region November 29, 2004 Mr. Monte Moore Department of Planning and Development City of Little Rock 723 West Markham Little Rock, AR 72201 -1303 RE: Petition for Closure and Abandonment of Gaines Street, City of Little Rock, Pulaski County, Arkansas Dear Mr. Moore: Thank you so much for all your assistance in this matter. I appreciate your effort in walking me thru all the steps in this process to have Gaines Street successfully closed. This closure will definitely benefit the city as well as the federal government in providing our clients a safe environment in which to conduct business. I did send the abutting landowners the enclosed Notice of Hearing by the city's Board of Directors, scheduled for December 7, 2004, at 6 pm. I am sending you a copy of that notice so that you may have it for your records. I was not sure whether you needed these copies so I decided in the favor of being safe. If you do not need them, please discard, at your convenience. Again, thank you for your assistance. Sincerely, Gerri Barsotti Program Support Specialist Acquisition Services, 7PM Enclosure As U.S. General Services Administration 819 Taylor Street Fort Worth, TX 76102 -6195 www.gsa.gov Copy furnished: City of Little Rock City Clerk's Office 700 W. Markham Little Rock, AR 72201