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10 WHEREAS, the Board determined in Little Rock, Ark., Ordinance No. 18,929
11 (September 2, 2003) to abandon a sixty-food wide portion of right -of -way on Chenal
12 Valley Drive pursuant to Ark. Code Ann. § 14 -54 -104 (Michie Repl. 1998), and\
13 WHEREAS, Section 2 of the ordinance reserved a public utility and drainage
14 easement for the City, but this reservation was to assure that such easements were
15 available and not that they were available in the sixty-foot strip of right -of -way that was
16 abandoned,and
17 WHEREAS, the present language of Section 2 has impacted the ability of the
18 property owner to alienate the property,
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
20 OF LITTLE ROCK, ARKANSAS:
21 Section 1. Section 2 of Little Rock, Ark., 18,929 (September 2, 2003) is hereby
22 repealed in light of the fact that appropriate drainage and utility easements have been
23 provided, and the area of right -of -way that was abandoned in this Ordinance did not
24 contain any such easements.
[PAGE 1 OF 21
ORDINANCE
To clarify right -of -way abandonment and resar afion of utility and
drainage easements referred to in Little Rock, Ark., Ordinance
No. 19,929 (September 2, 2003)
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81/13/2884 83:33:31 PH
Osled & Recorded in
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fficial Records of
CAROLYN STALEY
PULASKI COUNTY
1 ORDINANCE NO. 19,035
CIRCUIT /COUNTY CLERK
Fees 111.88
2
3 AN ORDINANCE TO
AMEND LITTLE
ROCK, ARK., 18,929
4 (SEPTEMBER 2, 2003) TO
CLARIFY THE CITY'S
POSITION AS TO A
5 PUBLIC UTILITY AND DRAINAGE EASEMENT FOR AN
6 ABANDONED PORTION
OF RIGHT OF WAY
ON CHENAL VALLEY
7 DRIVE; TO DECLARE
AN EMERGENCY;
AND FOR OTHER
8 PURPOSES.
9
10 WHEREAS, the Board determined in Little Rock, Ark., Ordinance No. 18,929
11 (September 2, 2003) to abandon a sixty-food wide portion of right -of -way on Chenal
12 Valley Drive pursuant to Ark. Code Ann. § 14 -54 -104 (Michie Repl. 1998), and\
13 WHEREAS, Section 2 of the ordinance reserved a public utility and drainage
14 easement for the City, but this reservation was to assure that such easements were
15 available and not that they were available in the sixty-foot strip of right -of -way that was
16 abandoned,and
17 WHEREAS, the present language of Section 2 has impacted the ability of the
18 property owner to alienate the property,
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
20 OF LITTLE ROCK, ARKANSAS:
21 Section 1. Section 2 of Little Rock, Ark., 18,929 (September 2, 2003) is hereby
22 repealed in light of the fact that appropriate drainage and utility easements have been
23 provided, and the area of right -of -way that was abandoned in this Ordinance did not
24 contain any such easements.
[PAGE 1 OF 21
ORDINANCE
To clarify right -of -way abandonment and resar afion of utility and
drainage easements referred to in Little Rock, Ark., Ordinance
No. 19,929 (September 2, 2003)
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1 Section 2. Severability. In the event any title, section, paragraph, item,
2 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
3 or unconstitutional, such declaration or adjudication shall not affect the remaining
4 portions of the ordinance which shall remain in full force and effect as if the portion so
5 declared or adjudged invalid or unconstitutional was not originally a part of the
6 ordinance.
7 Section 3. Repealer. All ordinances, resolutions, bylaws, and other matters
8 inconsistent with this ordinance, particularly including by not limited to Little Rock,
9 Ark., Ordinance No. 18,929 (September 2, 2003), are hereby repealed to the extent of
10 such inconsistency.
11 Section 4. Emergency. The ability to property reflect the City's interest in various
12 parcels of property is essential to maintain the public health, safety and welfare, and the
13 clarification of the reservation for a utility and drainage easement on the property involved in
14 this ordinance is also essential, an emergency is, therefore, declared to exist and this ordinance
15 shall be in full force and effect from and after the date of its passage.
16 PASSED: January 6, 2004
17 ATTEST: APPROVED:
18
20 Nancy Wood, City Clerk Jim D • ey, Mayor
21 APPROVED AS TO LEGAL FORM:
22
24 Thomas M. Carpenter, City Attorney
25
26
27
[PAGE 2 OF 2]
ORDINANCE
To clarify right-of-way abandonment and reservation of utility and
drainage easements referred to in Little Rock, Ark., Ordinance
No, 19,929 (September 2, 2003)