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Vol MR WMA AN ORDINANCE TO CLOSE AN UNNAMED ALLEY EXTENDING EASTERLY FROM WASHINGTON STREET APPROXIMATELY 90' AND LOCATED BETWEEN HIGH STREET AND KING STREET. WHEREAS, Street Closure Application S -22 -02 has been filed on behalf of Tim Foley ( "Applicant ") to close an unnamed alley extending easterly from Washington Street approximately 90' and located between High Street and King Street; and WHEREAS, the Planning Commission, at a meeting held on July 5, 2022, recommended approval of the closure and vacation of the said unnamed alley, which is identified as "Alley" and highlighted in yellow on that certain "Physical Survey of 545 High Street, Portsmouth, Virginia/Property as Described in D.B. 542, P. 325 /for Leathel Holdings Corp. ", prepared by Stephen I. Boone & Associates, P.C., dated August 2, 2008, and attached hereto as Exhibit A (the "Vacated Area "); and WHEREAS, notice of the proposed closure and vacation has been given to 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 the Vacated Area is hereby closed and vacated as a public street and right -of -way; and BE IT FURTHER ORDAINED that, except as the City Manager may otherwise expressly authorize in writing, at all times during which the existing building located on the adjacent property to the north of the Vacated Area is occupied for residential or commercial use, the Vacated Area shall remain available and usable for emergency pedestrian egress; and BE IT FURTHER ORDAINED that, upon and subsequent to the adoption of this Ordinance, any adjacent owner in whom (or in whose predecessors in title) title to the Vacated Area (or a portion thereof) has vested (each, an "Adjacent Owner ") shall be solely responsible for maintaining the portion of the Vacated Area to which the Adjacent Owner has title; and BE IT FURTHER ORDAINED that each Adjacent Owner shall apply for, and obtain approval of, a minor subdivision to incorporate the Vacated Area (or applicable portion thereof) into the property owned by the Adjacent Owner; and BE IT FURTHER ORDAINED that the failure to comply with any of the foregoing conditions shall be enforceable by the City through available remedies at law or in equity, or through other means available under the City Code (including without limitation the denial of permits), but shall in no way be deemed to void the adoption of this ordinance or the closure and vacation of the Vacated Area; and BE IT FURTHER ORDAINED that the City of Portsmouth reserves an easement in and over the Vacated Area for the installation, operation, maintenance and replacement of public and/or private utilities, which said easement may be vacated, in whole or in part, by the City Manager at such time as she may in her discretion deem appropriate and in the best interest of