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HomeMy WebLinkAboutLetter of IntentANDREW V. FRANCIS, P.A. ATTORNEY AT LAW 2311 BISCAYNE DRIVE, SUITE 205 ANDREW V. FRANCIS LITTLE ROCK, AR 72227 E-MAIL ADDRESS: TELEPHONE (501) 954-7390 AVFPA@SBCGLOBAL.NET February 14, 2022 Monte Moore Development Administrator City of Little Rock Department of Planning and Development 723 W. Markham Street Little Rock, AR 72201 Via Email: mntoore littleroek.V_ov and Hand Delivery RE: 1901 Leander St. — Petition for Abandonment of A Public Street, l9th Street (Unbuilt) Dear Mr. Moore: I represent Nicolas Berjot and his wife, Aline Andres. The have owned the house at 1901 Leander Street since 2004. Their property is in the old Blankenship subdivision, originally platted in 1913. Their house is in Block 8 of the subdivision. They have also acquired some of the undeveloped lots in subdivision to the north of their house, in Block 5. There is an unbuilt street right of way for 19t" Street that runs between their house (the house is south of the ROW) and their additional land to the north of the ROW. Their garage, driveway, and fence have been in the ROW since before they bought the house in 2004. Nic and Aline have also used the ROW to park their boat and as a side yard. Nic and Aline are requesting that the City of Little Rock abandon the 19th Street (Unbuilt) ROW. Attached please find the following documents: 1. My firm check in the amount of $125 as the filing fee for this application pursuant to Little Rock City Code §23-3(e); 2. Petition for Abandonment of A Public Right -Of -Way; 3. Affidavit of Nicolas Berjot authorizing representation by Andrew V. Francis, P.A.; 4. Affidavit of Aline Andres authorizing representation by Andrew V. Francis, P.A.; 5. Street Right -Of -Way Dedication Agreement; 6. Two (2) copies of a Plat and Bill of Assurance for the Blankenship Addition to Little Rock, dated May 1, 1913 (the "Plat"); 7. Two (2) copies of a Survey of Lots 10-12, Block 8, Blankenship Addition (1901 Leander St.), dated March 15, 2004; 8. Two (2) copies of a Survey of Lots 1 through 10, Block 6, Blankenship Addition, dated January 24, 2004; 9. Ordinance No. 18,289 Vacating and Closing The Alley in Bock 5 of Blankenship Addition to FEB 14 2022 Page 2 Mr. Monte Moore Department of Planning and Development February 14, 2022 the City of Little Rock, Arkansas dated June 20, 2000, and filed for record on June 28, 2000 as Instrument No. 2000043864, records of Pulaski County, Arkansas; 10. Photo of 1901 Leander looking taken from the Leander drive looking east down the 19th Street ROW (Unbuilt); and 11. Utility Permission Emails Here are my comments. Plat and Survey On the Plat, I have highlighted on the plat the portion of the West 19th Street ROW my clients are requesting to be abandoned and marked the property owned by my clients. The survey of the Block 8 lots shows the south boundary of the West 19th Street ROW as well as the encroachments of the house and fence into the ROW. The survey of the Block 6 lots shows the north boundary of the West 19th Street ROW. I propose to use the following legal description for the Ordinance abandoning the right of way, which I based on the description of the ally abandonment from the June 20, 2000 ordinance: "Right of Way for West 19th Street that runs 27 feet by 140 feet between Lot 12, Block 8, and Lot 7, Block 6, all in Blankenship Addition to the City of Little Rock, Arkansas." Per your instructions I am submitting two (2) copies of each of the Plat and two surveys as opposed to the 18 copies specified in the application instructions. 2000 Ordinance Abandoning Allev in Block 6 For context, I have attached a copy of an Ordinance from 2000 where the City previously abandoned the platted alley in Block 6 of the Blankenship Addition. Photo of 191h Street (Unbuilt) The photo shows the view of the West 19th Street ROW, looking east from Leander Street. You can see the encroachment of the carport shown on the Block 8 survey, as well as a manhole in the street. I believe the manhole is the sanitary sewer manhole mentioned above. There is one property owner to the east of the ROW to be abandoned. That property owner owns Lots 1-6, Block 8. Those lots are not adjacent to the ROW to be abandoned. The 19t" Street (unbuilt) ROW does not provide a feasible access to this property due to my clients' house and fence encroaching into the ROW. However, that property has frontage on and access to Leander Street from the platted 20th Street (Unbuilt) ROW as well as frontage on the platted Carruth Street Page 3 Mr. Monte Moore Department of Planning and Development February 14, 2022 (Unbuilt) ROW. Utility_Perinission Emails I have emailed all utilities named on the City's utility contact list that your office provided me. To date, I have received responses from AT&T, Summit Utilities (f/k/a Centerpoint — natural gas), and the Little Rock Wastewater Authority. None of those utilities had any objection. Copies of their emails to me are attached. I will continue to follow up with the other utilities and forward their responses to you as I receive them. I have ordered the letter and search from Pulaski County Title to search for reversionary rights (if any) and prepare a list of all abutting owners. The property the applicants seek to abandon is only adjacent to the applicants' property and other public rights -of -way. However, the applicant will notify all property owners who own property across the public rights -of -way from the street to be abandoned. I will submit the title company letter to you as soon as I receive it and will provide notice as required by the City Code. Per your instructions, I will wait until I receive the notice from the City before sending out notices, rather than use the notice form in the application. Please schedule this application for the regular meeting of the Little Rock Planning Commission on April 14, 2022. Cordially, ANDREW V. FRANCIS, P.A. Andrew V. Digitally signed by Andrew V. Francis Fran5 Date: 2022.02.1413:06:42 06'00' Andrew V. Francis /avf Enclosures cc: Nicolas Berjot Aline Andres