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AN ORDINANCE CLOSING AND VACATING A PORTION OF CASSELL <br />AVENUE FROM CONFEDERATE AVENUE EASTWARDLY TO THE WEST <br />RIGHT OF WAY LINE OF HARBOR DRIVE AND TURNPIKE ROAD. <br /> <br /> WHEREAS, Portsmouth Machine and Welding Corporation, Land-O-Sun <br />Dairies, LLC, Big Entry Holding Company and F. C. Allen, III and Maurice Allen have <br />made application to close a portion of Cassell Avenue, as hereafter described; and <br /> <br /> WHEREAS, the Planning Commission, at a meeting held on February 6, 2001, <br />recommended approval of the closure and vacation of said portion of Cassell Avenue; <br />and <br /> <br /> WHEREAS, notice of the proposed closure and vacation has been given the <br />adjoining property owners in accordance with Section 15.2-2006 of the Code of Virginia, <br />as amended. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the Council of the City of <br />Portsmouth, Virginia that a portion of Cassell Avenue be closed and vacated as a public <br />street and right of way as follows: <br /> <br /> CASSELL AVENUE <br /> <br /> All that portion of Cassell Avenue from its intersection with the east right <br />of way line of Confederate Avenue eastwardly to its intersection with the west <br />right of way line of Harbor Drive and Turnpike Road, being approximately 588 <br />feet in length. <br /> <br /> BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an <br />easement in the portions of Cassell Avenue hereby closed and vacated for the installation, <br />operation, maimenance and replacement of public utilities, which said easements may be <br />released and vacated by the City Manager of the City of Portsmouth as he may in his <br />discretion deem appropriate and in the best interest of the City of Portsmouth. <br /> <br /> BE IT FURTHER ORDAINED, that applicants shall pay to the City of <br />Portsmouth, Virginia the sum of $5,400.00 as compensation for the portion of Cassell <br />Avenue closed and vacated by this Ordinance. This sam must be paid to the City of <br />Portsmouth within sixty ( 60 ) days of the adoption of this Ordinance, or the closure and <br />vacation of Cassell Avenue set forth herein shall be null and void. <br /> <br />BE IT FURTHER ORDAINED, that in consideration of the closure and <br />vacation of Cassell Avenue, the applicants and owners, or their successors and assigns of <br />properties adjoining the street closed and vacated by this Ordinance shall prepare and <br />record in the Clerk's Office of the Circuit Court of the City of Portsmouth an easement <br />which shall provide that all the said adjoining land owners shall have a mutual right of <br />ingress/egress along the width of Cassell Avenue as closed and vacated from its point of <br /> <br /> <br />