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Official Records of
ORDINANCE NO. 18,473 CAROLYN STALEY
CLERK
AN ORDINANCE VACATING AND ABANDONMENT OF THE
SOUTH PORTION OF SOUTH KATILIUS STREET, LITTLE
ROCK, PULASKI COUNTY, ARKANSAS.
WHEREAS, a petition was duly filed with the Board of Directors of the City of
Little Rock, Arkansas on the 19"i Day of March, 2001, asking the Little Rock Board of
Directors to vacate and abandon the south portion of South Katilius Street, Little Rock,
Pulaski County Arkansas, as designated on the plat of said Addition now appearing on
file in Record Book 67, page 307, 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; has ascertained that the alley hereinbefore described has been dedicated to the
public use as an alley; is no longer needed for public traffic purposes; that all owners of
the property abutting upon that portion of the alley 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 alley.
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 alley designated as follows:
South Katilius Road, lying south of Arkansas State Highway 10, the
be a fifty (501) foot right of way, and running for a distance of
approximately 2,325 feet south from the said highway 410.
SECTION 2. The City specifically retains the right to use, and allow others to
use, the former alley 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
be offset and/or rebuilt to conform to the standard driveway design as
shall
required by Little Rock, Ark. Revised Code Section 30- 26 - -50 (1988).
The edge of of the right -of -way shall be rebuilt to conform to
pavement
existing conditions in the general vicinity where the abandoned right-of-
way and easement intersects with the remaining public right-of-way.
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AN
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: App /r a001
ATTEST:
Nay y Wog
CITY CLERK
APPROVED:
��1
I JULED
MAR 19 2001
NANCY WOOD
OCK CITY CLERK R
BEFORE THE BOARD OF DIRECTORS Of,,
THE CITY OF LITTLE ROCK, ARKANSAS
OLA FAYE EVANS, an unmarried
person, SHIRLEY K. HUNTER AND
RICHARD WAYNE HUNTER, HER
HUSBAND, AND VFE, LLC,
an Arkansas limited liability company PETITIONERS
TO
THE PUBLIC
RESPONDENTS
PETITION TO CLOSE, VACATE AND ABANDON
SOUTH PORTION OF SOUTH KATILIUS STREET,
LITTLE ROCK, PULASKI COUNTY, ARKANSAS
COMES NOW the Petitioners, Ola Faye Evans, an unmarried person, Shirley Kaye
Hunter and Richard Wayne Hunter, her husband, and VFE, LLC, an Arkansas limited
liability company, and for their Petition to Close, Vacate and Abandon South portion of
South Katilius Road, Little Rock, Pulaski County, Arkansas, state and aver as hereinafter
set forth:
1. South Katilius Road, lying south of Arkansas State Highway Number 10,
the same be a fifty (50') foot right of way, and running for a distance of approximately
2,325 feet south from the said Highway 910, was accepted as a County Road by Order of
the Pulaski County Court, dated June 17, 1970, and filed in Record Book 67 at Page 307,
a true and correct copy of which Order is attached hereto marked as Exhibit "A" and
made a part hereof by this reference.
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hjk/realtyMestreetc lose, doe
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L..!
PETITION TO CLOSE, VACATE AND
ABANDON SOUTH PORTION
OF SOUTH KATILIUS ROAD
9
2. By annexation, South Katilius Road is now located within the city limits of
the City of Little Rock, Arkansas, a city of the first class.
3. The South terminus of South Katilius Road which is the subject of this
Petition (hereinafter referred to as the "Proposed Vacated Portion of South Katilius
Road ") is more particularly described as follows:
Part of the SW %4 NW %4 and Part of the SE %4 NW '/4 of Section 24, T -2-
N, R -14 -W, Little Rock, Pulaski County, Arkansas more particularly
described as follows: Starting at the Northeast comer of said SW '/4 NW
/4; thence SO1 °34'48 "W along the East Line of said SW '/4 NW t /4, 879.58
ft. to the point of beginning; thence S87 °51'55 "E, 14.86 ft.; thence
S02 °08'05 "W along the East right -of -way line of South Katilius Road,
92.21 ft.; thence N87 °51'55 "W along the South right -of -way line of said
South Katilius Road, 50.00 ft.; thence NO2 °08'05 "E along the West right -
of -way line of said South Katilius Road, 92.21 ft.; thence S87 °51'55 "E,
35.14 ft. to the point of beginning, containing 4,610 square feet more or
less.
and the same is more particularly depicted on the Survey prepared by White - Daters &
Associates, Inc., dated February 22, 2001 and filed concurrently herewith.
4. Petitioners, Ola Faye Evans, Shirley Kaye Hunter and Richard Wayne
Hunter, are the sole owners of the lands abutting the Proposed Vacated Portion of South
Katilius Road on the East and Petitioner, VFE, LLC, is the sole owner of the lands
abutting the Proposed Vacated Portion of South Katilius Road on the West and South; all
as shown on that certain Abstractor's Certificate of Beach Abstract & Guaranty
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hj k/realtyMestreetcl ose.doc
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PETITION TO CLOSE, VACATE AND
ABANDON SOUTH PORTION
OF SOUTH KATILIUS ROAD
U
Company, a true and correct copy of which is attached hereto marked as Exhibit `B" and
made a part hereof by this reference.
5. The Proposed Vacated Portion of South Katilius Road is no longer needed
or required for public or corporate purposes and should be vacated by the City of Little
Rock, Arkansas, under and by virtue of the authority granted to cities of the first class in
A.C.A. §14-54-104(2).
6. That the public travel will not be impeded in any degree by the vacating of
this portion of the said street and furthermore the vacating of the portion of the street
designated above will not be against the public interest or welfare and no public utility
facilities are situated in or contemplated to be placed in that portion of the street right of
way to be vacated and abandoned.
WHEREFORE, the Petitioners pray that the Board of Directors of the City of Little
Rock, Arkansas fix by Resolution a day for the hearing of this Petition and that the City
Clerk give notice of such meeting and hearing as provided by law; and that after the
giving of such notice and after the hearing thereon, that the said Board of Directors pass
an Ordinance closing, vacating and abandoning that portion of the street described
hereinabove.
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hjk/realty(vfestreetclose.doc
PETITION TO CLOSE, VACATE AND
ABANDON SOUTH PORTION
OF SOUTH KATILIUS ROAD
Ola Faye if
lag"
Richard Wayne Hunt
VFE, LLC, an Arkansas limited
liability com >k
BY:
Rick F son, Manager
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hjk/realry /vfestreetclose.doc