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ORDINANCE NO. 17.489
AN ORDINANCE VACATING AND CLOSING A PORTION
OF DAILEY STREET LYING BETWEEN TRACTS 3 AND 4
IN HILLVALE ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS.
WHEREAS, a petition was duly filed with the Little Rock City Clerk on the 23rd
day of January, 1997, asking the Little Rock Board of Directors to vacate and abandon all
that portion of Dailey Street lying between Tracts 3 and 4 in Hillvale Addition to the City
of Little Rock, Arkansas, as designated on the plat of said Addition now appearing of
record in Plat Book No. 4, Page 38, 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:
Dailey Street, a Forty (40') foot wide street right -of -way,
lying between Tracts 3 and 4, Hillvale Addition to the City
of Little Rock, Pulaski County, 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.
The City specifically authorizes the owner of the above mentioned Lot 3 to file an
amendment to the Bill of Assurance for said Hillvale Addition removing the provision for
a setback of ten feet from the West line of said Lot 3, said setback having been provided
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for possible expansion of that part of the street being closed, vacated and abandoned by
this Ordinance.
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: May 20, 1997
ATTEST:
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CITY CLERK ROBBIE HANCOCK
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