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HomeMy WebLinkAbout17489w w �w w w w� �w w w w w w ■w 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 -1- c: \winworcPhjkpa\really\hai lm.doc M w 366 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: A4aazaa CITY CLERK ROBBIE HANCOCK -2- c:\winwordthjkpatreakyWaiJm.doc APPROVED: M OR JIM DAILEY 30 d a 0 0 Oa�o0��0 O UP 0 0 00 0 0 0 o0gpdr30QQ0 Q s2 O fi 82 CUP a 2 I 0 ° o � #11/ F1 00 0 0 00 R2 L,: a �kt C:0 163 CHENAL PARKWAY _ 0 v[n� El z n PCD L MAAKHAM ST Area Zoning _..ity Map G -23 -263 DAILY ST. ROW ABANDONMENT �O TRS T1N R13W 5 PD 19 WARD 5 Item No. ST. CHARLES NEIGHBORHOOD DAILEY ST. — (Not built) To be abandoned CHENAL LAKES APARTMENTS 369 CHENAL LAKES APARTMENTS PROPOSED EXPANSION CHENAL PKWY riO Z v W. MARKHAM STREET D 3 r m O D O TRS IN 13W5 R -O -W ABANDONMENT ITEM NO PD 19 . G -23 -263 Cr 42.06 DAILYSfREET CHENAL PARKWAYATTHE DIVIDE NORTH