HomeMy WebLinkAbout17096ORDINANCE NO. 17,096
AN ORDINANCE VACATING AND CLOSING THAT PORTION
OF EAST 9TH STREET BETWEEN BLOCK 3 AND BLOCK
6, CLINTON PARK ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS
WHEREAS, a petition was duly filed with the Little Rock City
Clerk on the 20th day of December, 1995, asking the Little Rock
Board of Directors to vacate and abandon that portion of East 9th
Street between Block 3 and Block 6, Clinton Park Addition to the
City of Little Rock, Arkansas, as designed on the plat of said
Clinton Park Addition now appearing of record in Plat Book 2, Page
14, in the office of the Recorder of Pulaski County, Arkansas.
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 portion of East 9th 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
eleven (11) years subsequent to the filing of the plat; that all
owners of the property abutting upon the portion of East 9th 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 described portion of East 9th
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 of
its rights, together with the rights of the public generally, in
and to that portion of East 9th Street designed as follows:
That portion of East 9th Street between Block 3 and Block
6, Clinton Park Addition to the City of Little Rock,
Arkansas.
SECTION 2. The City specifically retains the right to use,
and allow others to use, the vacated portion of East 9th 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:
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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 plans and specifications 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: January 16, 1996
ATTEST:
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PROPOSED FOR ABANDONMENT
Abandonment of a Public Right -Of -Way
TRS IN IZW 1 G -23 -244 ITEM
NUMBER
PO, 9th Street R.O.W. Abandonment
CT 9TH STREET AT J.L. HAWKINS ST.
1145