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AN ORDINANCE.CLOSING AND VACATING A PORTION OF FIRST STREET BOUNDED BY THE SOUTHERN LINE OF WYTHE STREET, IF EXTENDED EASTWARDLY, AND THE BOUNDARY LINE OF PROPERTY OF THE CITY OF PORTSMOUTH (OLD COAST GUARD BASE) AND THE NORFOLK NAVAL SHIPYARD, IF EXTENDED WESTWARDLY. WHEREAS, the City of Portsmouth and the Commonwealth of Virginia (Virginia Department of Transportation) have made application to close First Street from its intersection with the southern line of the Crawford Connector (Connector "S,') southwardly to the point where the boundary line of property of the City of Portsmouth (Old Coast Guard Base) and the Norfolk Naval Shipyard intersects First Street, if said boundary line were extended westwardly; and WHEREAS, the Planning Commission of the City of Portsmouth, at a meeting held on October 5, 1999, recommended approval of the closing and vacating of said street; and WltEREAS, notice if closure has been given adjoining property owners in accordance with section 15.2-2006 of the Code of Virginia, 1950, as amended. WHEREAS, the Council of the City of Portsmouth has determined that closure of First Street should be approved in two segments so as to better promote the economic development of the area adjacent to First Street. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Portsmouth, Virginia that a portion &First Street be closed and vacated as a public street and right of way, as follows, to-wit: All that certain portion of First Street located and being in the City of Portsmouth, Virginia, said portion being bounded on the north by the southern line of Wythe Street, if extended eastwardly across First Street, and On the south by the boundary line of property of the City of Portsmouth, Virginia (Old Coast Guard Base) and the Norfolk Naval Shipyard, if said line were extended westwardly across First Street. BE IT FURTHER ORDAINED that the City of Portsmouth hereby reserves an easement in that portion of First Street hereby released and vacated for the installation, operation, maintenance and replacement of public utilities of the City of Portsmouth and private utilities, which said easement may be closed and vacated by the Manager of the City of Portsmouth as he may in his discretion deem appropriate and in the best interest of the City of Portsmouth. BE IT FURTHER ORDAINED that this closure and vacation is made subject to the rights of CSX Transportation, Inc. to operate and maintain a track from its yard to the Norfolk Naval Shipyard, which said right shall not be disturbed until the City of Portsmouth has purchased the right of way rights of CSX transportation, Inc., and/or until such time as CSX Transportation, Inc. has agreed to the removal of its facilities.