HomeMy WebLinkAbout92901 ORDINANCE -NO. 9290
AN ORDINANCE VACATING AND TRANSFERRING TO OTHER PUBLIC PURPOSES
THAT PORTION OF EAST TENTH STREET FROM THE EAST LINE OF RIVER
STREET EASTWARD BETWEEN BLOCK FIFTY -SEVEN (57) ON THE NORTH
AND BLOCK FIFTY -NINE (59) ON THE SOUTH, BOTH IN INDUSTRIAL PARK
ADDITION, ANNEX NO. 1, TO THE CITY OF LITTLE ROCK, ARKANSAS;
AND VACATING AND TRANSF'ERRING TO OTHER PUBLIC PURPOSES THAT
PORTION OF THE EAST TENTH STREET CONNECTION TO THE FOURCHE DAM
PIKE FROM THE EASTERN LINE OF INDUSTRIAL PARK ADDITION, ANNEX
NO. 1, TO THE CITY OF LITTLE ROCK, ARKANSAS, TO THE N/S PORTION
0 CTION �'0 FOURCHE DAM PIKE., MORE PARTICULARLY DES=
OF SAID C NNE ,
BRIBED AS FOLLOWS: THAT PORTION OF THE EXTENSION OF EAST TENTH
STREET EASTWARD FROM.THE EAST LINE OF INDUSTRIAL PARK ADDITIONt
ANNEX NO. 1, TO THE CITY OF LITTLE ROCK, ARKANSAS, EASTWARD ON
A BEARING OF SOUTH EIGHTY -NINE DEGREES (890), FIFTY -SEVEN
MINUTES (57 1) EAST A DISTANCE OF EIGHT HUNDRED NINETY -THREE
(893) FEET TO THE POINT OF BEGINNING OF A TEN DEGREE (100) CURVE
TO THE RIGHT AND CONTINUING ALONG THE CURVE A DISTANCE OF SEVEN
HUNDRED THREE (703) FEET MEASURED ALONG THE CENTER LINE OF SAID
EAST Tj ENT H STREET EXTENSION TO A POINT WHERE THE EXISTING RIGHT -
OF -WAY INTERSECTS.THE.WEST LI?V'E OF A RIGHT -OF -WAY AS DEDICATED
BY THE TEXAS - EASTERN TRANSMISSION CORPORATION AND AS RECORDED IN
THE.OFFICE OF THE RECORDER OF PULASKI COUNTY, ARKANSAS, IN DEED
BOOK NO. 510, PAGE #257, ON MARCH 27, 1953s THE RIGHT -OF -WAY OF
SAID STREET BEING SIXTY (60) FEET WIDE, THIRTY (30) FEET THEREOF
LYING ON EACH SIDE OF SAID CENTER LINE AS DESCRIBED; AND VACATING
AND TRANSFERRING TO OTHER PUBLIC PURPOSES THAT PORTION OF EAST
ROOSEVELT ROAD FROM THE WEST RIGHT -OF -WAY LINE OF THE MISSOURI
PACIFIC RAILROAD COMPANY EASTWARD TO A POINT WHERE A NEW ROAD, AS
CONSTRUCTED BY THE BUREAU OF,AIR NATIONAL GUARD ON OR ABOUT JUNE
15s 1953., CONNECTS WITH SAID EAST ROOSEVELT ROAD, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:. THAT- PORTION OF EAST ROOSEVELT ROAD, HAVING
A RIGHT- OF -VAY ONE HUNDRED.SIXTY.(160) FEET WIDE, FIFTY -THREE (53)
FEET THEREOF LYING NORTH OF THE CENTER LINE OF.PAVEMENT AND ONE
HUNDRED SEVEN.(107) FEET THEREOF LYING SOUTH OF SAID CENTIM LINE,
FROM A POINT IN THE CENTER OF EXISTING PAVEMENT, WHICH POINT IS
FOUR HUNDRED SEVEN (!}.07) FEET SOUTH AND ONE THOUSAND SEVEN HUNDRED
SIXTEEN AND.EIGHTY -SIX ONE - HUNDREDTHS (1,716,86) FEET EAST OF
THE.NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE4) OF SECTION
THIRTEEN (13), TOWNSHIP ONE (1) NORTH, RANGE TWELVE (12) WEST,
PULASKI COUNTY, ARKANSAS, AND WHICH.POINT IS THE.WEST RIGHT -OF -WAY
LINE OF THE MISSOURI PACIFIC RAILROAD COMPANY, AND RUNNING EAST-
' WARD A DISTANCE OF ONE THOUSAND EIGHT HUNDRED SEVENTY -FIVE
(1,875) FEET - SAVE AND.EXCEPT THE EXISTING RIGHT -OF -WAY OF A
PUBLIC ROAD. KNOWN AS THE FRAZIER PIKE WHERE THE SAME INTERSECTS
SAZD.DESCRIBED PORTION OF EAST ROOSEVELT ROAD; TRANSFERRING SAID
PORTIONS OF.SAID STREETS TO OTHER PUBLIC (MUNICIPAL
T) PURPOSES; AND FOR OTHER PURPOSES.
WHEREAS, The Bureau of Air National Guard and the Little
RbckyMunicipal Airport Commission have heretofore constructed an
extension of the NE /SW runway at the Little Rock Municipal Airport of
sufficient length to accomodate jet and other large types of aircraft
and for the installation of an instrument landing system in connection
therewith; and
WHEREAS, portions of East Tenth Street and East Tenth Street
extension in the City of Little Rock, Arkansas, intersect the safety
approach zone of said runway on the Northeast and a portion of East
Roosevelt road intersects the safety approach zone of said runway on
the Southwest; and
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WHEREAS, the use of said runway by jet and other large
aircraft constitutes a great hazard to the lives and property of
persons using said portions of said streets, and the use of said
streets by motor vehicles and other traffic further constitutes a
great hazard to the safety of air -borne traffic using said runway
for landings and take -offs, thereby making the continued use of said
streets impossible and impracticable; and
WHEREAS, said use of said streets prevents the installation
of an instrument landing system by the Civil Aeronautics Administration
at said airport, which system is essential to the proper development
and use of said airport; and
WHEREAS, other suitable, safe, adequate and convenient paved
streets have heretofore been constructed with air signal safety
lights for use by the public in travelling to and from the areas now
served by said portions of East Tenth Street, East Tenth Street
extension and East Roosevelt Road, and said portions of said East
Tenth Street, East Tenth Street extension and East Roosevelt Road,
having become dangerous and impracticable for public use as city
Streets, are no longer required for corporate purposes; and,
WBE M S, in order to better provide for the public welfare,
safety, comfort and convenience of the users of said streets, of the
inhabitants of the City of Little Rock, Arkansas, and of the airport
traffic using said Little Rock Municipal Airport, it is necessary to
alter, vacate, abandon and close the following described portions of
said East Tenth Street, East Tenth Street extension and East Roosevelt
Road in the City o�t4ittle Rock, Pulaski County, Arkansas, to -wit:
That portion of East Tenth Street from the East line of River Street
eastward between Block Fifty -Seven (57) on the North and Block
Fifty -Nine (59) on the South, both in Industrial Park Addition,
Annex No. 1, to the City of Little Rock, Arkansas; That portion
of the East Tenth Street connection to the Fourche Dam Pike from
the Eastern line of Industrial Park Addition, Annex-No. 1, to the
City of Little Rock, Arkansas, to the NIS portion of said connection
to Fourche Dam Pike, more particularly described as follows: that
portion of the extension of East Tenth Street eastward from the
East line of Industrial Park Addition, Annex No. 1, to the City of
Little Rock, Arkansas a stward on a bearing of South eighty -nine
degrees (890), fiftym ;9V1A ?(570 East a distance of eight hundred
ninety- three.(893) feet to the.point of beginning of a ten degree (100)
curve to the right and continuing along the curve a distance of
seven hundred three (703) feet measured along the center line of
said East Tenth Street extension to a point where the existing
right -of -way intersects the West line of a right -of -way as dedi-
cated by the Texas - Eastern Transmission Corporation and as recorded
in the office.of the Recorder of Pulaski County, Arkansas, in Deed
Book No. 510, page #257, on March 27, 1953, the right -of -way of
said street being sixty (60) feet wide, thirty (30) feet thereof
lying on each side of said center line as described; and that
,;.portion of East Roosevelt Road from the West right -of -way line of
the Missouri Pacific Railroad Company eastward to a point where a
w
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new road, as constructed by the Bureau of Air National Guard on
or about June 15, 1953, connects with said East Roosevelt Road,
more particularly described as follows: that portion of East
Roosevelt Road, having a right -of -way one hundred sixty (160) feet
wide, fifty -three (53) feet thereof lying North of the center line
of pavement and one hundred seven (107) feet thereof lying South
of said center line, from a point in the center of existing pavement,
which point is four hundred seven (407) feet South and one thousand
seven hundred sixteen and eighty -six one - hundredths (1,716.86)
feet East of the Northwest corner of the Northeast Quarter (NEI) It
of Section Thirteen (13)2 Township One (1) North, Range Twelve (12)
West, Pulaski County, Arkansas, and which point is the West right-
of-way line of the Missouri Pacific Railroad Company, and running
eastward a distance of one thousand eight hundred seventy -five
(1,875) feet- save and except the existing right -of -way of a public
road ]mown as the Frazier Pike where the same intersects said
described portion of East Roosevelt Road.
16aW T�'FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LITTLE ROCK, ARKANSAS:
Section 1. That it is hereby ascertained and declared that
the use, as public streets, of those portions of East Tenth Street,
East Tenth Street extension and East Roosevelt Road, hereinbefore
and hereinafter described, is detrimental to the safety and welfare
of the members of the public using the same and of the persons and
property using the Little Rock Municipal Airport; that other paved
streets and new routes have been specifically constructed to reason-
ably, safely and adequately serve the needs of the members of the
public traveling to and from the areas now served by said portions of
East Tenth Street, East Tenth Street extension and East Roosevelt
Road; that said portions of East Tenth Street, East Tenth Street
extension and East Roosevelt Road are no longer required for corporate
purposes as public streets and should be vacated as such, and the
said vacated portions of said streets should be transferred to other
public use under the jurisdiction of the Little Rock Municipal
Airport commission.
Section 2. That the City of Little Rock, Arkansas,bereby
vacates and assigns for other public purposes the following described
streets, and relinquishes all its rights and the rights of its
inhabitants and of the public generally therein to the use thereof
as streets, to -wit:
That portion of East Tenth Street from the East line of River
Street eastward between Block Fifty -Seven (57) on the North and
Block Fifty -Nine (59) on-the South, both in Industrial Park
Addition, Annex No. 1, to the City of Little Rock, Arkansas;
That portion of the East Tenth Street connection to the Fourche
Dam Pike from the Eastern.line of Industrial Park Addition,
Annex No. 1, to the City of Little Rock, ,Arkansas, to the N/S
portion of said connection to Fourche Dam Pike, more particularly
described as follows: That portion of the extension of East
4
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Tenth Street eastward from the East line of Industrial Park Addition,
Annex No. 1, to the City of Little Rock, Arkens -� ward on a
bearing of South eighty - nine degrees (890), fif� sere �(571)East a
distance of a fight hundred ninety -three ( 893 ) feet to the point of
beginning of a ten degree (100) curve to the right and continuing
along the curve a distance,of seven hundred three ('703) feet measured
along the center line of said East Tenth Street extension to a point
where the existing right -of -way intersects the test line of a right -
of -way as dedicated by the Texas - Eastern Transmission Corporation and
as recorded in the office of the Recorder of Pulaski County, Arkansas,
in Deed Book No. 510, page #257, on March 27, 1953, the right -of -way
of said street being sixty (60) feet.w ide, thirty (30) feet thereof
lying on each side of said center 1 ine as described; and that portion
of East Roosevelt Road from the West right -of -way line of the Missouri
Pacific Railroad Company eastward to a point where a new road, as
constructed by the Bureau of Air National Guard on or about June 15,
1953, connects with said East Roosevelt Road, more particularly
described as follows That portion of East Roosevelt Road, having a
right -of -way one hundred sixty (160) feet wide, fifty -three (53) feet
thereof lying North of the center line of pavement and one hundred
seven (107) feet thereof lying South of said center line, from a
point in the center of existing pavement, which point is four hundred
seven (407) feet South and one thousand seven h undred sixteen and
eighty- six,.one- hundredths (11716.86) feet East of the Northwest corner
of the Northeast Quarter (NEr) of Section Thirteen (13), Township One
(1) North, Range Twelve (12)-West, Pulaski,-County, Arkansas, and which
point is the West right -ef -way line of the Missouri Pacific Railroad
Company, and running astward a d istance of one thousand eight hundred
seventy -five (1,8757 feet - save and except the existing right -of -way
of a public road known as the Frazier Pike where the same intersects
said d ascribed portion of East Roosevelt Road.
Section 3. That a copy of t his 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. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5. That the following are hereby found to be facts
which constitute an emergency: (a) that the City of Little Rock, Arkansas,
owns all of the property adjoining the streets that are hereby vacated;
(b) that the Arkansas National Guard Squadron, with operating privileges,
Is legally stationed at the Little Rock Municipal Airport; that it has
been assigned jet aircraft as part of the National Defense Program; and
that said jet aircraft require a specially constructed, long runway with
instrument landing facilities which can only be completed after the here -
inbefore mentioned sections of East Tenth Street, East Tenth Street
extension and East Roosevelt Road are vacated; (c) that the commercial
airlines now operating from the Little Rock rhuli.cipal Airport have
recently inaugurated the use of larger airplanes that require the use of
a very long runway and an instrument landing system for necessary flight
safety during bad weather and the furnishing of essential service to the
traveling public; (d) that the construction of the NE /SW runway at the
Little Rock Municipal Airport has been completedfor said purposes with
the exception of the instrument landing system and said runway is now
in use by jet and other large types of aircraft in landing and taking
off; (e) that the normal flight zone of said aircraft is within five
(5) feet vertically of the surfaces of those portions of East Tenth
Street and East Tenth Street extension, and within ten (10) feet
vertically of the surface of that portion of East Roosevelt Road,
described in Section 2 hereof, in the City of Little Rock, Arkansas,
which constitute a great hazard both to the users of said streets and
the users of said runway. Therefore, in order to preserve the public
peace, heal,th and welfare, an emergency is hereby declared to exist
and this ordinance. shall be in full force and effect from and after
its.pass.age and approval.
PASSED: August 1o,..1953•
ATTEST.
City Clerk
s
APPROVED:
Mayor