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HomeMy WebLinkAbout201232009042560 Received: 612312009 3:30 :10 Phil Recorded: 0612312009 04:05 :25 PM Filed & Recorded in official Records of PAT o ®BRIERS, 1 ORDINANCE NO. 20PULASKI COUNTY CIRCUIT/COUNTY CLERK $15.00 2 AN ORDINANCE TO ABANDON THE PLATTED BUT UNDEVELOPED 40-, 3 FOOT -WIDE ASBURY ROAD RIGHT OF WAY LOCATED SOUTH OF 4 KANIS ROAD, IN THE CITY OF LITTLE ROCK, AS PUBLIC RIGHT -OF- 5 WAY; AND FOR OTHER PURPOSES. 6 WHEREAS, a request was made to vacate and abandon the plotted but undeveloped, 40- foot -wide 7 Asbury Road right -of -way (adjacent to Tracts 10, 11, 13, 14, 15 and 16 of Asbury Acres), as public right - 8 of -way, pursuant to the City's general police power authority under Ark. Code Ann. § 14 -54 -104; and 9 WHEREAS, the Board has determined that the abandoning of this public right -of -way will not have 10 an adverse impact on the adjacent property owners nor the local traffic, and therefore, the right -of -way 11 abandoned by this ordinance is no longer needed for corporate purposes, except as otherwise noted below; 12 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 13 OF LITTLE ROCK, ARKANSAS: 14 Section 1. The Board of Directors hereby releases, vacates, and abandons the plotted but 15 undeveloped 40- foot -wide Asbury Road right -of -way (adjacent to Tracts 10, 11, 13, 14, 15 and 16 of 16 Asbury Acres) as public right -of -way. 17 Section 2. The City specifically reserves the public utility and drainage easements within the former 18 right -of -way. 19 Section 3. A copy of this ordinance, duly certified by the City Clerk, shall be filed in the real estate 20 records of the recorder of the Circuit Clerk in ex officio recorder of Pulaski County, Arkansas. 21 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 22 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 23 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 24 effect as if the portion so declared or adjudged to be invalid or unconstitutional were not originally a part 25 of the ordinance. 26 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same that are 27 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 28 PASSED: June 16, 2009 29 A EST: APPROVED: 30 31 32 an La ey, e ing City Clerk Mark Stodola, Mayor 33 APPROVED AS O LEGAL FORM: 34 i a,t'•;. t 36 Thomas M. Carpenter, City At o ney �� , q s n;. r