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AN ORDINANCE CLOSING AND VACATING A PORTION OF ELM AVENUE <br />LYING NORTH OF THE NORTHERN RIGHT OF WAY LINE OF HARRELL <br />STREET. <br /> <br /> WHEREAS, the John T. and Rhonda Johnson and Portsmouth Yacht Club, <br />Inc., have made application to close and vacate a portion of Elm Avenue, as <br />hereinafter described; and <br /> <br /> WHEREAS, the Planning Commission, at a meeting heId on February 2, <br />1999, recommended approval of the closing and vacating of said streets and <br />roads; and <br /> <br /> WHEREAS, notice of the proposed closure has been given adjoining <br />property owners in accordance with Section 15.2-2006 of the Code of Virginia, <br />1950, as amended. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the Council of the City of <br />Portsmouth, Virginia that the portion of Elm Avenue be closed and vacated as a <br />public street, and right of way as follows: <br /> <br /> All that certain portion of Elm Avenue located and <br /> being in the City of Portsmouth, Virginia, said portion lying <br /> north of the northern right of way line of Harrell Street, and <br /> thence extending into Scott's Creek to the mean low water <br /> mark <br /> <br /> BE IT FURTHER ORDAINED that a perpetual easement of twelve (12) <br />feet is hereby reserved unto the City of Portsmouth adjacent to the eastern right <br />of way line of that portion of Elm Avenue hereby closed and vacated, from the <br />northern right of way line of HarreI1 Street to the mean Iow water mark in Scott's <br />Creek for the installation, operation, maintenance and replacement of a public <br />boat ramp into Scott's Creek. <br /> <br /> BE IT FURTHER ORDAINED that the City Manager is hereby <br />authorized to make and execute such deed of conveyance or other documents as <br />may be necessary and appropriate to give effect to the vacation and closure <br />implemented by this ordinance. <br /> <br /> Adopted by the Council of the City of Portsmouth, Virginia at a meeting <br />held on March 23. 1999. <br /> <br /> Teste: <br /> <br /> <br /> City Clerk <br /> <br /> <br />