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HomeMy WebLinkAboutG-23-481 BOD Staff Report 031422OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION FEBRUARY 1, 2022 AGENDA Subject Jack Stephens Drive — Right -of -Way Abandon- ment, located south of Plateau Street to West 6th Street. (G-23-481) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required gOrdinance Resolution Approval Information Report Approved By Bruce Moore City Manager The adjacent property owner requests to abandon the portion of Jack Stephens Drive, from the south right-of-way line of Plateau Street to the south right-of-way line of West 6th Street. None Approval of the Ordinance The applicant proposes to abandon the portion of Jack Stephens Drive, from the south right-of-way line of Plateau Street to the south right-of-way line of West 6`h Street. Jack Stephens Drive is a paved right-of-way located within the DAMS Campus, with varying right-of-way widths. The right-of-way is generally between 40 and 60 feet wide. A small portion of the right-of-way (approximately 100 feet in length) was previously abandoned by Ordinance No. 17,952. This portion is located between West 4th Street and West Capitol Street. The applicant has made the following comment with request to the proposed abandonment: BACKGROUND CONTINUED "All abandoned right-of-way areas will be retained as utility and drainage easements as there are many lines existing there today. The abandonment will facilitate UAMS in taking ownership of several duct banks, presently owned by Entergy, as well as their continued improvements in this part of the campus." UAMS is the only property owner which abuts the area of right-of-way to be abandoned. Therefore, there were no other property owners to notify of the abandonment request. A letter from Beach Abstract Company makes the following comments with respect to reversionary clause(s) for the right-of-way to be abandoned: 1. We find that the E'/z of Elm Street was dedicated to the Public in the Dedication Plat and Bill of Assurance to the City of Little Rock, Arkansas, which was filed for record June 5, 1895, in Plat Book AB, Page 252 and the THERE ARE NO REVERSIONARY CLASUES. 2. We find that the E'/z of Elm Street was dedicated to the Public in the Dedication Plat and Bill of Assurance to the City of Little Rock, Arkansas, which was filed for record July 20, 1906, in Plat Book 1, Page 25 and the THERE ARE NO REVERSIONARY CLASUES. 3. According to the City of Little Rock the W% of Elm Street was most likely never dedicated because it was always owned by the State of Arkansas and it was not required for them to dedicate. So therefore, we cannot state whether there is a Reversionary clause. Several of the public utility companies request that all or parts of the area of abandonment be retained as a utility easement. Therefore, the entire area of abandonment will be retained as a utility and drainage easement. There are no Master Street Plan issues, as the area of abandonment is not classified as a collector street or higher. 2 BACKGROUND CONTINUED Abandoning this right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department submitted no negative comments to the proposed abandonment request. On December 9, 2021, the Planning Commission voted 9 ayes, 0 noes, and 2 absent, as part of the Consent Agenda, to approve the abandonment request. There was no objectors present. All neighborhood associations registered with The City of Little Rock were notified of the public hearing. Please see the attached Planning Commission minute record for the complete staff analysis. 3