HomeMy WebLinkAboutG-23-481 BOD Action Letter - Ordinance 031422Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
March 7, 2022
Development Consultants, Inc.
Attn.: Robert Brown
2200 N. Rodney Parham Road, Suite 220
Little Rock, AR 72212
Re: Jack Stephens Drive — ROW Abandonment (G-23-481)
Dear Mr. Brown:
Planning
Development
Building Codes
Enclosed please find a copy of the Ordinance passed by the Board of Directors on
February 1, 2022, which abandoned the above referenced right-of-way as approved by the
Planning Commission at their December 9, 2021 Public Hearing.
If you have any questions concerning this Ordinance, please call me at 371-4792.
Sincerely,
Y/ -
Monte oore
Development Administrator
MM: as
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PRESENTED 62-oq-262 o'4 17a1 PM RECORDED: 02-09.2022 03:22:40 PM
a^ C,
w f`'R` = In fricial Records of Terri Hollingsworth Circuit/County Clerk
_ = ORDINANCE NO. -►2 093
PUL7A§KI CO, AR FEE $35.00
2
3 AN O
AMEND LITTLE ROCK, ARK. ORDINANCE NO.
4 17,852 (OCTOBER 20, 1998), THAT VACATED AND CLOSED A
5 PORTION OF ELM STREET, BETWEEN FOURTH AND FIFTH
6 STREETS IN BLOCK 12, PLATEAU ADDITION (G-23-289), TO
7 INCLUDE THE ABANDONMENT OF THE JACK STEPHENS DRIVE
8 RIGHT-OF-WAY, LOCATED FROM THE SOUTH RIGHT-OF-WAY
9 LINE OF PLATEAU STREET TO THE SOUTH RIGHT-OF-WAY LINE
10 OF WEST 6TH STREET (G-23-481) IN THE CITY OF LITTLE ROCK,
11 ARKANSAS; AND FOR OTHER PURPOSES.
12
13 WHEREAS, a petition was duly filed with the Board of Directors of the City of Little Rock,
14 Arkansas, on the 23d day of September, 1998, asking the Little Rock Board of Directors to vacate and
15 abandon a portion of Elm Street, between Fourth and Fifth Streets, in Block 12 of Plateau Addition to the
16 City of Little Rock, Arkansas, as designated on the plat of said Addition now appearing of record in Plat
17 Book AB, Page 252, in the Office of the Recorder of Pulaski County, Arkansas; and,
18 WHEREAS, a petition has been filed with the City Clerk requesting that the Board of Directors
19 abandon the Jack Stephens Drive right-of-way, located from the south right-of-way line of Plateau Street
20 to the south right-of-way line of West 6`1 Street; and,
21 WHEREAS, after due notice as required by law, the Board of Directors has, at the time and place
22 mentioned in the notice, heard all person desiring to be heard on the question; has ascertained that the
23 street hereinbefore described has been dedicated to the public use as a street; that all owners of the
24 property abutting upon that portion of the street to be vacated have filed with the City Clerk their written
25 consent to the abandonment; and,
26 WHEREAS, a letter from an abstract company referencing the Elm Street Abandonment, between
27 Fourth and Fifth Streets in Block 12, Plateau Addition (G-23-289) referred to a reversionary clause for
28 the rights -of -way in favor of Sam W. Rayburn, Trustee, and the applicant worked with their legal counsel
29 to determine the current ownership implications of the reversionary clause; and,
30 WHEREAS, a letter from Beach Abstract Company makes the following comments with respect to
31 reversionary clause(s):
32 1. We find that the east''/2 of Elm Street was dedicated to the Public in the Dedication Plat and
33 Bill of Assurance to the City of Little Rock, Arkansas, which was filed for record June 5,
34 1895, in Plat Book AB, Page 252 and the THERE ARE NO REVERSIONARY CLAUSES.
[Page t of 51
1 2. We find that the east '/2 of Elm Street was dedicated to the Public in the Dedication Plat and
2 Bill of Assurance to the City of Little Rock, Arkansas, which was filed for record July 20,
3 1906, in Plat Book 1, Page 25 and the THERE ARE NO REVERSIONARY CLAUSES.
4 3. According to the City of Little Rock the west '/2 of Elm Street was most likely never
5 dedicated because it was always owned by the State of Arkansas and it was not required for
6 them to dedicate. So therefore, we cannot state whether there is a Reversionary Clause.
7 WHEREAS, all abandoned right-of-way areas will be retained as Utility and Drainage Easements as
8 there are many existing lines; and,
9 WHEREAS, the Engineering Division has reviewed and requests that the areas of abandonment be
10 retained as a drainage easement and the abandonment will facilitate the University of Arkansas for
11 Medical Sciences (UAMS) in taking ownership of several duct banks, presently owned by Entergy
12 Corporation, as well as their continued improvements in this part of the campus; and,
13 WHEREAS, the Little Rock Fire Department submitted no negative comments to the proposed
14 abandonment request; and,
15 WHEREAS, there are no Master Street Plan issues associated with this abandonment request, as the
16 right-of-way is not classified as a collector street or higher; and,
17 WHEREAS, abandoning this portion of right-of-way will have no adverse impact on the public
18 welfare and safety.
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
20 OF LITTLE ROCK, ARKANSAS:
21 Section 1. The City of Little Rock, released, vacated, and abandoned part of Elm Street adjacent to
22 part of Lots 9 and 11, and all of Lot 10, Block 12, Plateau Addition (beginning 102 feet south of the
23 northwest corner of Block 12, Plateau Addition and extending south 122 feet) and part of the SW, NW,
24 Section 5, TIN, R12W (G-23-289) in Little Rock, Ark. Ordinance No. 17,852 (October 20, 1998), now
25 amended to include the Jack Stephens Drive right-of-way, located south of Plateau Street to West 6"
26 Street (G-23-481) right-of-way to be abandoned. Pursuant to the conditions set forth in this ordinance
27 legal descriptions and graphic illustrations of the subject abandonment areas are attached as Exhibit A and
28 Exhibit B to this ordinance.
29 Section 2. UAMS is the only property owner which abuts the area of right-of-way to be abandoned.
30 Section 3. A copy of this ordnance duly certified by the City Clerk, shall be filed in the Real Estate
31 Records of the Recorder of the Circuit Clerk in Ex-Officio Recorder of Pulaski County, Arkansas.
32 Section 4. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph,
33 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
34 unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this
35 ordinance, as if such invalid or unconstitutional provision was not originally a part of this ordinance.
[Page 2 of 51
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Section 5. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this
ordinance are hereby repealed to the extent of such inconsistency.
PASSED: February 1, 2022
ATTE$ff-----, APPROVED:
itv Clerk
TO LEGAL FORM:
Thomas M. Carpenter, City oAttor
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Frank Scott, Jr., Nflyor
[Page 3 of 51
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Exhibit A
S=tuated ;n the c;ty of I itat Rack, Putask, La-.usLy. flrXarrsa:. lrkd Oeog
Knorn as an ahau -merit of a portion of Jack Stephtr�s 11rve, 1png South
of Rateaj Street and earth Of a pOrtk)n Of Soil Jack St"hens previdugy
vacated and Rose* by Ordti 'Ncc 17,eS2 and recorded In MStro"nt mnOr
go 85311 h the PLda$ki County Mar k'% affCr, further b3'jnded OS foti0es
Wghrling at the northwestc•iy Larne- Of Said 0OrLOn of Jack StePhens
rvr prevbu!ly vacated ay ordYanCe. nuntler 17.852. dying ,n thr eiast:rg
resterly rght of ray Of Jairk Stepheras br•ve WW CIS* dyng WOr-Ounate Y
971 feet sout$l of thr eWSbng 5061thtrty r(9ht Of ray of Ptoteau Street,
thence nortn adoncg saio ■eSte-ty r4pt Of •ay OC Jchck StL-hens )p-ve W
Sold s3mtheriy right Of ray Of Saki Rcteau Street: thence Sovthea-pterty
along said right of ray to its ntersecton Kth the rastrrry rght Of ray
of Salo JaC, Strphenx d]r,vs, thence SOVthe"iy oL!*" S6dd easterly rght of
ray to t',a nowtneasterly Corner of said Dortkrl of Jack StepiVril Ilr:ve
prevraasxy vac ttd, "nce thong northerly d :nt Of said p"•eviN Sly vatAted
Parton to the a*n t of arg.nring.
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(Page 4 of 51
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Exhibit B
S,:,,a teo , :ter t ty pf I t::e Re R. P%J.cs� you^•ty, ArkanSas unn OCIN
kno"n AS an noaraonrrn: of c ,7art0'I Cr JAC' SteJ2 )"S 5-lVe. ly�Ag north
' tha srh:ne,ty -gnt aq may AF L•kh St^eet ana scvtn OF 0 Portof% df
-3CK SteD.mens orev'QU54y •a.ated ara closed oY or-v'nance 17,852 and
rrdea in .nst,-.-en_ ry^n4" 7Y3 135=1? n :n f=00Ste, County Clerk's oU rP.
oot.n0iC9 as f8'slpr$ neg,rinrig at the so lnwesterly COrnee dt so d
-:i•�rt aC jaCK St:e9++Pn5 IIr•ve prev.ausly vaC4tetl Oy gr'dlnRnC4 Au'!deY
:52. tyg8 n the ro»tarty r,gnt or way of lack Stephens Drive
and w5o iyi-S Coarax,nately 585' na-t� 9f the px;St ru3 sautnerly r,ph flt
way or 61Strut 2rojec tj?dj tnemcp Past alC %g iAP 5ti7:at+re►'ly liry or Soo
ar•evicu:ly vacatea Pow%t•an to ;nr easte^ly eirt of ray OF' sarx .HICK
SteDhen �Irlvet tnen[e sol,tn R[dng sap easterly rgnt OF way to -ts
�At4f4ZeC,0r•tr the 5ou.noriy rfQnt of ray vt sa•ti 6t" Street, "'Once
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Area Zoning
City of Little Rock Planning & Development
Rev: 10/22/2021
Case: G-23-481
Location: SOUTH OF PLATEAU ST.
TO W. 6TH ST.
Ward: 3
PD: 9
CT- 48
TRS: TIN R12W 5
N
0 250 500
Feet