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ORDIIWII_. ~D06"5~ " , AN ORDINANCE TO CLOSE A PORTION OF INDEPENDENCE STREET WHEREAS, Portsmouth Venture One, 1.1.c., has requested the closure of a portion of Independence Street, as hereafter described; and WHEREAS, the Planning Commission, at a meeting held on June 6, 2006, recommended approval of the closure and vacation of a portion of Independence Street; and WHEREAS, notice ofthe 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 ofIndependence Street be closed and vacated as a public street and right of way in the City of Portsmouth, Virginia, as follows: INDEPENDENCE STREET-All that western portion of Independence Street from its intersection with the north right of way line of Greenwood Drive to its point of intersection with the south right of way line of DeKalb Avenue, now closed, being 5' in width, as shown on that certain exhibit attached hereto entitled "EXHIBIT SHOWING PROPOSED STREET CLOSURE WITHIN SUBDIVISION OF NEW PORT PORTSMOUTH, VIRGINIA JANUARY 5, 2006." BE IT FURTHER ORDAINED that the City of Portsmouth hereby reserves an easement in the portion ofIndependence Street hereby closed and vacated for the installation, operation, maintenance and replacement of public utilities of the City of Portsmouth, Virginia, which said easements may be released and vacated 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 the City Manager is hereby authorized to execute such deeds or other documents as he may deem appropriate and necessary to convey the interests of the City of Portsmouth in said closed street, subject to the reservation of the aforesaid easement, to such entity as may be required by the adjoining property owners and may release and vacate the easement hereby reserved for the City of Portsmouth as he in his discretion deems appropriate and in the best interest of the City of Portsmouth. BE IT FURTHER ORDAINED, that this Ordinance shall not take affect and shall not be recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth until all deeds necessary to the exchange of properties at and adjacent to the Victory Crossing Elementary School have been recorded in the Clerk's Office aforesaid by the City Attorney for the City of Portsmouth.