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AN ORDINANCE CLOSING AND VACATING A PORTION OF GWALTNEY COURT. WHEREAS, the City of Portsmouth and Russell J. Oliveira have requested the closure of a portion of Gwaltney Court of approximately 160 feet in length near its intersection with Smithfield Road; and WHEREAS, the Planning Commission, at a meeting held on August 3, 2004, recommended approval of the closure and vacation of a portion of Gwaltney Court; 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 Gwaltney Court near its intersection with Smithfield Road be closed and vacated as a public street and right of way as follows: GWALTNEY COURT All that eastern portion of Gwaltney Court lying between property now or formerly owned by Russell J. Oliveira and that proposed right of way line as shown on that certain exhibit entitled "EXHIBIT SHOWING PORTION OF GWALTNEY COURT TO BE CLOSED AND VACATED, PORTSMOUTH, VIRGINIA," dated June 22, 2004 and attached hereto. BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an easement in the portion of Gwaltney Court, 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. Any utility facilities located within the area hereby closed and vacated shall remain the property of the owner of such utility, and upon which easement area the fee simple owners of the property, or the successors in title may erect no building or structure, or conduct any activity of any kind which would interfere with the rights hereby reserved. BE IT FURTHER ORDAINED that this easement shall not take effect until the fee simple owners of the adjoining property have granted an easement for public utilities over and across their property as shown on that certain plat attached hereto entitled "PLAT SHOWING UTILITY EASEMENT ACQUIRED FROM RUSSELL J. OLIVEIRA, PORTSMOUTH, VIRGINIA," dated September 1, 2004, to the City of Portsmouth in such form as to cause the City of Portsmouth to accept the easement and record the same among the land records of the Circuit Court of the City of Portsmouth. BE IT FURTHER ORDAINED that this easement may be declared null and void and of no effect by the Council of the City of Portsmouth in the event that the owners of the adjoining property have not conveyed to the City of Portsmouth the easement for public utilities set forth herein within one (1) year of the adoption of this Ordinance.