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<br />UI\UUU\h~t NU. 2006-2~ <br /> <br />AN ORDINANCE TO CLOSE A PORTION OF SEABOARD AVENUE. <br /> <br />WHEREAS, the City of Portsmouth has requested the closure of a portion of Seaboard <br />A venue, as hereafter described; and <br /> <br />WHEREAS, the Planning Commission, at a meeting held on December 6,2005, <br />recommended approval of the closure and vacation of a portion of Seaboard A venue; and <br /> <br />WHEREAS, notice of the proposed closure and vacation has been given the adjoining <br />property owners in accordance with Section 15.2-2006 of the Code of Virginia, as amended. <br /> <br />NOW, THEREFORE, BE IT ORDAINED by the Council of the City ofportsmouth, <br />Virginia that a portion of Seaboard Avenue be closed and vacated as a public street and right of <br />way, as shown on an exhibit attached hereto. and to be recorded simultaneously with the <br />Ordinance in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia. as <br />follows: <br /> <br />SEABOARD A VENUE - Beginning at a point at the western right <br />of way of Hill Avenue and thence running in a westerly direction <br />552.14', more or less, to the terminus of Seaboard Avenue. <br /> <br />BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an <br />easement in all the streets hereby closed and vacated for the installation, operation, maintenance <br />and replacement of public utilities, including gas lines. telephone communication lines, electrical <br />lines and all other utility lines as may be required, which said easement is hereby made subject to <br />the condition that no person or entity that shall become the owner in fee simple of any portion of <br />the street hereby closed and vacated shall make any use of the property which would interfere <br />with the easement rights reserved herein. <br /> <br />BE IT FURTHER ORDAINED, that the City Manager shall have authority to grant <br />such deeds as he may deem appropriate and necessary to convey said rights of said closed street <br />to such entity as may be required by the Commonwealth and may release and vacate the <br />easements hereby reserved as he in his discretion deems appropriate and in the best interest of <br />the City of Portsmouth. <br /> <br />Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on <br />March 21, 2006. <br /> <br />Teste: <br /> <br />City Clerk <br />