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ORDINANCE NO. 16,595
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AN ORDINANCE VACATING AND CLOSING THAT PORTION OF
BIRCHWOOD DRIVE LYING SOUTH OF LOT 2A, ERWIN ADDITION,
AND NORTH OF LOT 1, MONTCLAIR HEIGHTS SUBDIVISION,
OF THE CITY OF LITTLE ROCK, ARKANSAS.
WHEREAS, a petition was duly filed with the Little Rock
City Clerk on the 10th day of December , 1993 , asking
the Little Rock Board of Directors to vacate and abandon all
that portion of Birchwood Drive lying south of Lot 2A, Erwin
Addition, and north of Lot 1, Montclair Heights Subdivision, of the
City of Little Rock, Arkansas, as designated on the Plat Book A,
Page 832, and Plat Book 6, Page 25, respectively, in the office of
the Recorder of Pulaski County, Arkansas; and
WHEREAS, after due notice as required by law, the Board of
Directors has, at the time and place mentioned in the notice,
heard all persons desiring to be heard on the question, and has
ascertained that the street hereinbefore described,has been
dedicated to the public use as a street, has not been actually
used by the public generally for a period of at least five (5)
years subsequent to the filing of the plat; that all owners of the
property abutting upon the portion of the street to be vacated have
filed with the City Clerk their written consent to the abandonment,
and
WHEREAS, the public interest and welfare will not be adversely
affected by the abandonment of the street.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Except as stated in Section 2 below, the City of
Little Rock, Arkansas, hereby releases, vacates and abandons all its
rights, together with the rights of the public generally, in and to
the street designated as follows:
THAT PORTION OF BIRCHWOOD DRIVE BETWEEN ALAMO DRIVE AND
BOWMAN ROAD, LYING SOUTH OF LOT 2A, ERWIN ADDITION, AND NORTH OF
LOT 1, MONCLAIR HEIGHTS SUBDIVISION, OF THE CITY OF LITTLE ROCK,
ARKANSAS.
SECTION 2. The City specifically retains the right to use,
and allow others to use, the former street right of way in its
entirety as a public utility and drainage easement.
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SECTION 3. Abutting owners of record, receiving title to the
abandoned right -of -way and easement, shall at their cost remove all
vestiges of public use and access as may exist; such modifications
shall include, but are not limited to the following:
A. The entrances on both ends of the abandoned right -of -way
and easement shall be offset and \or rebuilt to conform
to the standard driveway design as required by Little
Rock, Ark. Rev. Code Sec. 30- 26 - -50 (1988).
B. The edge of the pavement of the right -of -way shall be
rebuilt to conform to existing conditions in the
general vicinity where the abandoned right -of -way and
easement intersects with the remaining public
right -of -way.
SECTION 4. A copy of this Ordinance, duly certified by
the City Clerk, shall be filed in the Office of the Recorder
of Pulaski County and recorded in the records of the County.
SECTION 5. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED: February 15, 1994
ATTEST:
(�2A. A.t_ -e-4B
CITY CLERK ROBBIE HANCOCK
APPROVED: �rJ
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MAY JIM DAILEY
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