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<br />':.'-}:';.. '}" It 400W(i. <br /> <br />AN ORDINANCE CLOSING AND V ACA TING A PORTION OF FIFTH STREET. <br /> <br />WHEREAS, the City of Portsmouth has requested the closure of a portion of Fifth Street <br />as hereafter described; and <br /> <br />WHEREAS, the Planning Commission, at a meeting held on March 6, 2007, <br />recommended approval of the closure and vacation of a portion of Fifth Street; 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 of Portsmouth. <br />Virginia that a portion of Fifth Street be closed and vacated as a public street and right of way as <br />follows: <br /> <br />FIFTH STREET <br /> <br />All that portion of Fifth Street as shown on an exhibit entitled: "EXHIBIT SHOWING <br />PORTION OF FIFTH STREET TO BE CLOSED AND VACATED PORTSMOUTH, <br />VIRGINIA" dated February 19,2007, prepared by Stephen 1. Boone & Associates, P.C. <br /> <br />BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an <br />easement in the portion of Fifth Street, hereby closed and vacated for the installation, operation, <br />maintenance and replacement of public utilities, including gas lines, telephone communication <br />lines, electrical lines and all other utility lines as may be required, which said easements may be <br />released, vacated or relocated as needed by the City Manager of the City of Portsmouth as he <br />may in his discretion deem appropriate and in the best interest of the City of Portsmouth. No fee <br />simple owner of the property shall make any use of the property which shall interfere with the <br />easement rights reserved herein. <br /> <br />BE IT FURTHER ORDAINED that the City Manager is hereby authorized to convey <br />any and all interest in said portion of Fifth Street as may have vested in the City of Portsmouth <br />by virtue of this vacation and closure to the owner(s) of property lying adjacent thereto. <br /> <br />Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on <br />May 8, 2007. <br /> <br />Teste: <br /> <br />City Clerk <br />