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ORDINANCE NO. 2024-102 AN ORDINANCE TO CLOSE A PORTION OF SIXTH STREET EXTENDING SOUTHERLY FROM THE SOUTH LINE OF WAVY STREET AND EAST LINE OF SEVENTH STREET TO THE NORTH LINE OF A CLOSED PORTION OF RANDOLPH STREET. WHEREAS, Street Closure Application S-24-01 has been filed on behalf of Portsmouth Port & Industrial Commission ("Applicant") to close a portion of Sixth Street extending southerly from the south line of Wavy Street and east line of Seventh Street to the north line of a closed portion of Randolph Street; and WHEREAS, the Planning Commission, at a meeting held on September 3, 2024, recommended approval of the closure and vacation of the said portion of Sixth Street, which is identified on that certain survey titled "Exhibit Showing Portion of Sixth Street to be Closed and Vacated/Portsmouth, Virginia" prepared by Woolpert, dated May 31, 2024, 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 the Applicant shall incorporate the Vacated Area with the surrounding properties through recordation of a Plat of Minor Subdivision prepared in accordance with the requirements of Chapter 33.1 of the City Code (Subdivisions); and BE IT FURTHER ORDAINED that the Applicant shall comply with all codes, ordinances, and regulations with respect to the Vacated Area, and shall obtain all licenses and permits required to perform work therein or thereon; and BE IT FURTHER ORDAINED that all taxes/fees associated with the Vacated Area shall be paid when due, as determined by the City Treasurer; 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 he may in his discretion deem appropriate and in the best interest of the