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ORDINANCE 110.2 0 1 0 ~ 28 " AN ORDINANCE TO CLOSE A PORTION OF BYERS A VENUE WHEREAS, the School Board of the City of Portsmouth, Virginia has requested the closure of a portion of Byers Avenue, as hereafter described; and WHEREAS, the Planning Commission, at a meeting held on March 2, 2010 recommended approval of the closure and vacation of a portions of Byers Avenue; and WHEREAS, notice of the 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 of Byers A venue be closed and vacated as a public street and right of way in the City of Portsmouth, Virginia, as follows: All portions of Byers Avenue designated as "Area A" as shown on the attached exhibit entitled: "EXHIBIT SHOWING PORTION OF BYERS AVENUE TO BE CLOSED AND VACATED," prepared by Steven 1. Boone & Associates, P.C., dated October 13, 2009. BE IT FURTHER ORDAINED that the City of Portsmouth hereby reserves an easement in the portion of Byers Avenue 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 inthe 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 such rights as the City may have in said closed street as may be required by the adjoining property owners. ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held on April 13, 2010. Teste: City Clerk