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<br />ORDINANCE NO.~.?2::,43 <br /> <br />AN ORDINANCE CLOSING AND VACATING A PORTION OF BARBOUR DRIVE. <br /> <br />WHEREAS, the City of Portsmouth has requested the closure of Barbour Drive as <br />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 Barbour Drive; and <br /> <br />WHEREAS, notice ofthe 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 Barbour Drive be closed and vacated as a public street and right of way as follows: <br /> <br />BARBOUR DRIVE <br /> <br />All that portion Barbour Drive as shown on the attached exhibit which is copied from <br />Tax Plate 79. <br /> <br />BE IT FURTHER ORDAINED, that the City of Portsmouth hereby reserves an <br />easement in Barbour Drive, 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 Barbour Drive as may have vested in the City of Portsmouth by virtue <br />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 />April 10, 2007. <br /> <br />Teste: <br /> <br />City Clerk <br />