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AN ORDINANCE CLOSING AND VACATING A PORTION OF SIXTH STREET BETWEEN THE NORTHERN AND SOUTHERN RIGHT OF WAY LINES OF NELSON STREET. WHEREAS, the Economic Development Authority and Portsmouth Redevelopment and Housing Authority have requested the closure of a portion of Sixth Street between the northern and southern right of way lines of Nelson Street as hereafter described; and WHEREAS, the Planning Commission, at a meeting held on August 3, 2004, recommended approval of the closure and vacation of a portion of Sixth Street; 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 Sixth Street be closed and vacated as a public street and fight of way as follows: SIXTH STREET All that portion of Sixth Street lying between the northern and southern right of way lines of Nelson Street which area is approximately 3,600 square feet in size and being as shown on the attached Exhibit. BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an easement in the portions of Sixth Street, hereby closed and vacated for the installation, operation, maintenance and replacement of public utilities, including gas lines, telephone communication lines, electrical lines and all other utility lines as may be required, 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. No fee simple owner of the property shall make any use of the property which shall interfere with the easement rights reserved herein. Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on September 14, 2004. Teste: City Clerk