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AN ORDINANCE CLOSING AND VACATING A PORTION OF WYTHE STREET AND HARBOR CENTER WAY LOCATED AT THEIR NORTHEASTERN INTERSECTION. WHEREAS, City of Portsmouth, Virginia has requested the closure of that portion of Wythe Street and Harbor Center Way where the amphitheatre encroaches into the street, as hereafter described; and WHEREAS, the Planning Commission, at a meeting held on June 4, 2002, recommended approval of the closure and vacation of said portion of Wythe Street and Harbor Center Way; and WHEREAS, notice of the proposed closure and vacation has been given the adjoining property owners in accordance with Section 15.2-2006 of the Code of Virginia, as amended. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Portsmouth, Virginia that a portion of Wythe Street and Harbor Center Way be closed and vacated as a public street and right of way as follows: WYTHE STREET AND HARBOR CENTER WAY All that portion of Wythe Street and Harbor Center Way at their northeast intersection where the amphitheater encroaches into the street as shown on an exhibit entitled: "Exhibit Showing Portions of Wythe Street and Harbor Center Way to be Closed and Vacated" dated April 16, 2001, prepared by the City of Portsmouth. BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an easement in the portions of Wythe Street and Harbor Center Way hereby closed and vacated for the installation, operation, maintenance and replacement of public utilities, which said easements may be released, vacated or relocated as needed by the City 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 street lights located within the right of way hereby closed shall be removed by Dominion Virginia Power. Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on July 9, 2002. Teste: City Clerk