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<br />. <br /> <br />. <br /> <br />. <br /> <br />ORDINANCE NO.2005-09 <br /> <br />AN ORDINANCE CLOSING AND VACATING A PORTION OF RACE STREET. <br /> <br />WHEREAS, the City of Portsmouth has requested the closure of a portion of <br />Race Street as hereafter described; and <br /> <br />WHEREAS, the Planning Commission, at a meeting held on January 4, 2005, <br />recommended approval with conditions of the closure and vacation of a portion of Race <br />Street; and <br /> <br />WHEREAS, notice of the proposed closure and vacation has been given the <br />adjoining property owners in accordance with Section 15.2-2006 of the Code of Virginia, <br />as amended. <br /> <br />NOW, THEREFORE, BE IT ORDAINED by the Council of the City of <br />Portsmouth, Virginia that a portion of Race Street be closed and vacated as a public street <br />and right of way as follows: <br /> <br />RACE STREET <br /> <br />All that portion of Race Street from the eastern boundary of Scott Street to the <br />western boundary of Loudoun Avenue, approximately 32,681 square feet, as shown on <br />the attached Exhibit. <br /> <br />BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an <br />easement in the portions of Race Street, hereby closed and vacated for the installation, <br />operation, maintenance and replacement of public utilities, including gas lines, telephone <br />communication lines, electrical lines and all other utility lines as may be required, which <br />said easements may be released, vacated or relocated as needed by the City Manager of <br />the City of Portsmouth as he may in his discretion deem appropriate and in the best <br />interest of the City of Portsmouth. No fee simple owner of the property shall make any <br />use of the property which shall interfere with the easement rights reserved herein. <br /> <br />AND IT BEING FURTHER ORDAINED, that the City Manager be and he <br />hereby is authorized to convey all right, title and interest in the closed and vacated <br />portion of Race Street hereinabove described to the adjoining landowners and/or their <br />successors and assigns in title as their interest may appear. <br /> <br />Adopted by the Council of the City of Portsmouth, Virginia, at a meeting <br />held on February 8, 2005. <br /> <br />Teste: <br /> <br />City Clerk <br />