HomeMy WebLinkAbout21967 1 ORDINANCE NO. 21,967
2
3 AN ORDINANCE TO VACATE AND ABANDON A PORTION OF GEYER
4 SPRINGS ROAD AT THE UNION PACIFIC RAILROAD CROSSING,
5 BETWEEN HUTSEL ROAD AND FROZEN ROAD, IN THE CITY OF
6 LITTLE ROCK, ARKANSAS, PERTAINING TO THE ELIMINATION OF
7 A CERTAIN ABANDONED STREET-RAILROAD CROSSING; AND FOR
8 OTHER PURPOSES.
9
10 WHEREAS, the Little Rock Board of Directors has undertaken a project to construct a new grade-
11 separated railroad overpass on Geyer Springs Road in the City of Little Rock Arkansas,that has eliminated
12 the need for the existing at-grade crossing at the tracks of the Union Pacific Railroad; and,
13 WHEREAS,the old at-grade crossing no longer serves a public purpose,and should be abandoned and
14 closed as a public right-of-way for safety considerations pursuant to its General Police Power pursuant to
15 Arkansas Code Annotated 14-54-104; and,
16 WHEREAS, in consideration of the City agreeing to abandon and permanently vacate that portion of
17 Geyer Springs Road crossing the Union Pacific Railroad right-of-way, the Union Pacific Railroad agrees
18 to pay the City Two Hundred Seventy-Nine Thousand,Forty-One and 12/100 Dollars($279,041.12),which
19 is to be paid when the street-railroad crossing has been removed and access to the railroad right-of-way has
20 been barricaded with permanent barricade structure at the Union Pacific Railroad right-of-way; and,
21 WHEREAS, in consideration of the foregoing, the Board of Directors agrees and endorses that the
22 existing at-grade street-railroad crossing at the intersection of Geyer Springs Road and the Union Pacific
23 Railroad right-of-way (Department of Transportation No. 433811V, at approximately Mile Post 351.27,
24 Little Rock Subdivision)should be eliminated.
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
26 OF LITTLE ROCK,ARKANSAS:
27 Section 1. The Board of Directors hereby releases,vacates,and abandons all of the right of the City of
28 Little Rock, together with the right of the public in general, in and to the street right-of-way described as
29 follow:
30 A portion of Geyer Springs Road, east of the new railroad overpass between Hutsell Road
31 and Frozen Road, consisting of two (2), five (5)-foot wide strips of land adjacent to the
32 railroad right-of-way and on either side of the former at-grade railroad crossing,with each
33 strip of land being fifty (50) feet in length spanning the original right-of-way width of
34 Geyer Springs Road.
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1 Section 2. In addition,the street-railroad crossing formed by the intersection of Geyer Springs Road
2 with the Union Pacific Railroad(Department of Transportation No. 433811V, at approximately Mile Post
3 351.27, Little Rock Subdivision), which is on the railroad right-of-way is permanently vacated and
4 abandoned, as it is no longer needed or useable for municipal purposes, and the street-railroad crossing
5 shall be permanently closed and eliminated.
6 Section 3. The City specifically reserves the right to a public utility and drainage easement within
7 the former street right-of-way as described herein.
8 Section 4. The City shall block and erect a barrier at the railroad crossing as deemed appropriate to
9 remove all vestiges of public through traffic.
10 Section 5. A copy of this ordinance duly certified by the City Clerk shall be filed in the real estate
11 records of the recorder of the Circuit Clerk in Ex-Officio Recorder of Pulaski County,Arkansas.
12 Section 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
13 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
14 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
15 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
16 resolution.
17 Section 7. Repealer. All laws,ordinances,resolutions,or parts of the same,that are inconsistent with
18 the provisions of this resolution,are hereby repealed to the extent of such inconsistency.
19 ADOPTED: March 16,2021
20 ATTE T: APPROVED:
21 111Vt IP
22 ��`��
23 Su - City Clerk Frank Scott,Jr., r
24 AP 71 tar i TO LEGAL FORM:
25 l2 '^' -Agl
26
27 Thomas M.Carpenter,City Atto iy
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