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ORDINANCE NO. 17,289
AN ORDINANCE VACATING AND CLOSING A PORTION OF
MASON STREET, FROM KANIS ROAD NORTH AND ADJACENT
TO TRACTS 50, 51, 62 AND 63 IN WEST HIGHLAND SUB - DIVISION, 672
AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, PURSUANT
TO SECTION 14 -54 -104 OF THE ARKANSAS CODE ANNOTATED (1987).
WHEREAS, a petition was duly filed with the Little Rock City Clerk on the 13th
day of Sept. 19 96 , asking the Little Rock Board of Directors to vacate and abandon
all that portion of Mason Street, from Kanis Road North and adjacent to Tracts 50, 51, 62 and 63
in West Highland Sub - Division, an Addition to the City of Little Rock, Arkansas, as designated on
the plat of said Addition now appearing of record in Plat Book 1, Page 273, 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 a Gear majority of 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,
pursuant to the authority of Section 1454 -104 of the Arkansas Code Annotated (1987), hereby
releases, vacates and abandons all its rights, together with the rights of the public generally, in
and to the street designated as follows:
RIGHT -OF -WAY CLOSURE DESCRIPTION
All that part of the Mason Street right -of -way lying North of Kanis Road
and being East of and adjacent to Tract 51 and Tract 62, West Highland Addition
to the City of Little Rock, Arkansas, said right -of -way being 30 feet in width.
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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 -v✓ay 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. Title to this public right -of -way will transfer to property owners adjoining
the East and West side, as shown in Exhibit A, attached.
SECTION 6. This Ordinance shall take effect and be in force from and after its
passage and approval.
PASSED: October 15, 1996
ATTEST:
APPROVED:
CITY CLERK ROBBIE HANCOCK . M R JIM DAILEY
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Area Zoning
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RIGHT -OF -WAY TO NORTH
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EXHIBIT A