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AN ORDINANCE CLOSING AND VACATING A PORTION OF BREAKWATER <br />DRIVE LOCATED EAST OF FLAGSHIP WAY. <br /> <br /> WHEREAS, Mr. and Mrs. David R. Clark and Mr. and Mrs. Paul A. Epps have <br />requested the closure of that portion of Breakwater Drive located east of Flagslfip Way, as <br />hereafter described; and <br /> <br /> WHEREAS, the Plarming Commission, at a meeting held on June 5, 2001, <br />recommended approval of the closure and vacation of said portion of Breakwater Drive; and <br /> <br /> WHEREAS, notice of the proposed closure and vacation has been given the adjoining <br />property owners in accordance with Section 15.2-2006 of the Code of Virginia, as amended. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia that a portion of Breakwater Drive be closed and vacated as a public street and right of <br />way as follows: <br /> <br /> BREAKWATER DRIVE <br /> <br /> All that portion of Breakwater Drive beginning eighty-nine feet from its <br /> intersection with the eastern right of way line of Flagship Way, easterly to its terminus, <br /> being approximately 100 feet in length, having a 22 foot pavement width and being a 50 <br /> foor right of way. <br /> <br /> BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an <br />easement in the portions of Breakwater Drive hereby closed and vacated for the installation, <br />operation, maintenance and replacement of public utilities, storm water drainage, sanitary sewer <br />and water lines, which said easements may be released and vacated by the City Manager of the <br />City of Portsmouth as he may in his discretion deem appropriate and in the best interest of the <br />City of Portsmouth. <br /> <br /> BE IT FURTHER ORDAINED, that applicants shall erect a fence and place <br />landscaping from their residences and along the western line of the portion of Breakwater Drive <br />hereby closed and vacated, as shown on the attached plan for fencing and landscaping, which <br />fencing and landscaping shall be approved by the Planning Director for the City of Portsmouth <br />within a period of four (4) months of the adoption of this ordinance and if not done within a <br />period of four (4) months, this Ordinance shall become null and void. This Ordinance shall not <br />be recorded among the land records of the Clerk's Office of the Circuit Court of the City of <br />Portsmouth, Virginia and shall not take effect unless and until the conditions of this Ordinance <br />have been met by applicants. <br /> <br /> Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on <br />July 24, 2001. <br /> Teste: <br /> <br />City Clerk <br /> <br /> <br />