HomeMy WebLinkAbout16966ORDINANCE NO. 16,966
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AN ORDINANCE VACATING AND CLOSING A PORTION OF
TURTLE CREEK DRIVE BETWEEN THE SOUTH RIGHT OF WAY
LINE OF ST. CHARLES BLVD. AND THE NORTH LINE OF
LOT 1, AGAPE COUNTRY SUBDIVISION IN TURTLE CREEK
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
WHEREAS, a petition was duly filed with the Little Rock City
Clerk on the 17th day of August , 1995 , asking the Little
Rock Board of Directors to vacate and abandon all that portion of
Turtle Creek Drive between the South right -of -way line of St.
Charles Blvd. and the North line of Lot 1. Agape Country
Subdivision between Lots 127 and 144 Turtle Creek Addition to the
City of Little Rock, Arkansas, as designated on the plat of said
Addition now appearing of record in Plat Book A , Page 363
, 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, vacated and abandons all
its rights, together with the rights of the public generally, in
and to the street designated as follows:
Turtle Creek Drive from the South right -of -way line of St. Charles
Blvd. to the North property line of Lot 1. Agape Country
343
349
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.
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 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: September 19, 1995
ATTEST:
CITY CLERK ROBBIE HANCOCK
APPROVED:
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Abandoment of a Public Right of Way
TRS ITEM NO.
PD N_
CT 0-23-239