HomeMy WebLinkAbout11579ORDINANCE NO. 11,579
AN ORDINANCE VACATING, ABANDONING AND CLOSING BOYLE
PAJ.dK ROAD LOCATED IN Mk OF THE S k SECTION 13,
TOWNSHIP 1 NORTH, RANGE 13 WEST, IN THE CITY OF
LITTLE :OCK, PULASKI COUNTY, AMA ANSAS, AND A PUBLIC
ROAD EIGHT -OF -WAY DATED NOVEMBER 24, 1952 OF RECORD
IN PULASKI COUNTY DEED .ECO 0 BOOK 537 AT PAGE 220.
WHEREAS, a Petition was duly filed by Davis Investments, Inc.,
an Arkansas corporation, Petitioner, with the Board of Directors
of the City of Little Bock,= irkansas, asking that the Board of
Directors vacate, abandon and close Boyle Park Road located
in NE' of the SW4 Section 13, Township 1 North, Uange 13 West,
in the City of Little Rock, Pulaski County, Arknnsas, same being
more particularly described in said Petition; and an Amended
Petition was also duly filed by Petitioner with the Board of Directors
of the City of Little:ock, Arkansas, asking the Board of Directors
to vacate, abandon and close a public road right -of -way dated
November 24, 1952 of record in Pulaski County Deed Book 537 at
page 220, same being more particularly described in said Amended
Petition and hereafter; 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 Boyle Park Road located in NE-14 of the SW4 of Sec-
tion 13, Township 1 North, Range 13 West, in the City of Little
Rock, Pulaski County, Arkansas, and a public road right -of -way
dated November 24, 1952 of record in Pulaski County Record Book
537 at Page 220, are no longer needed or required for cozp orate
purposes or for use by the general public and adjoining owners in
that other streets and public roads are available and used for these
O G'c' ` 1+ 3
13 -l3
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purposes, that Petitioner is the only abutting landowner upon
Boyle Park Road and a public -road right -of -way dated November 24,
1952 of record in Pulaski County Deed Book 537 at page 220, both
located in NE4 of the SW', Section 13, Township 1 North, Alange 13
West, in the City of Little Rock, Pulaski County,Arkansas, to
bevaca,ted and accordingly all abutting landowners have consented
to such abandonment, and that the public interest and welfare will
not be adversely affected by the abandonment thereof;
NOW, T ERE FORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. 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 Boyle Park Road and a public road
right -of -way dated November 24, 1952 of record in Pulaski County
Deed Book 537 at page 220, both located in NE-14 of the SW4 Section 13,
Township 1 North, Range 13 West, in the City of Little Rock, Pulaski
County, Arkansas, described as follows:
Boyle Park Road located within NE-14 of the SIV— of
Section 13, Township 1 North, Range 13 West,
Pulaski County, Arkansas, located East of the
West boundary line of said NE4 of the SW' of
Section 13, and West of the West right -of -way
line of West 36th Street Extension as established
by Order of Pulaski County, Arkansas, County Court
dated February 27, 1963, of record in County Court
Record Book 64 at page 52; and
Public Road Right -Of -Way described as follows:
Beginning at the NW corner of the N2 of the NE4
SW-1,,, Section 13, Township 1 North, Lange 13 Wept,
thence South on Wiest line 310 feet to a point of
beginning, thence NW 25 degrees of the Boyle Park
Road, thence South Easternly parallel to Boyle Park
Road 40 feet, thence SoutFi Westernly 25 degrees to
the West line of the N2 of the NE'- of SW-4, Section 13,
TLN or R13 West, thence North 40 feet to the point
of beginning;
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and that the ownership thereof except as to utility easements
provided for in Section 2 hereafter shall vest in the owner of
the abutting property.
Section 2. The rights now held by any public utility company,
under the laws of the State of Arkansas or under grants hereto-
fore made by the City of Little Rock, Arkansas, to use the above
described Doyle Park Road and a public road right -of -way dated
November 24, 1952 of record in Pulaski County Deed book 537 at
page 220, both located in NE{ of the SW4 Section 13, Township 1
North, Range 13 West, in the City of Little mock, Pulaski County,
Arkansas, for the location and operation of lines and facilities
not
for the furnishing of public utility services, shall /be abrogated,
diminished or changed by the enactment of this Ordinance, and
utility easements now in effect are specifically excepted from
this closing.
Section 3. ,4 copy of this Ordinance, duly certified by the
City Clerk, shall be filed in the Office of the Recorder of Pulaski
County, Arkansas, and recorded in the deed records of said County.
Section 4. The construction of new facilities on the property
by the owner, Davis Investments, Inc., will be seriously delayed
if said roads are not closed and vacated immediately. An
emergency is therefore declared to exist and this Ordinance being
necessary for the immediate preservation of the public welfare
shall take effect immediately upon its passage and approval.
Section 5. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
PASSED: April 6, 1965
APPROVED: i
ATTEST:
MP,
CLERK