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70 <br />REPORT RE: <br />REZONING ROSE HILL DRIVE. <br />AT THE REQUEST OF THE COUNCIL, THE COMMISSION RECONSIDERED THE <br />PETITION FROM MR. CHARLES BARHAM, JR• REQUESTING A CHANGE OF THE <br />ZONING CLASSIFICATION OF HIS PROPERTY ON ROSE HILL DRIVE. THIS <br />NATTER WAS RECONSIDERED AT THE REGULAR MEETING OF THE COMMISSION <br />HELD ON AUGUST 10, 1954 AND ALSO AT A SPECIAL MEETING HELD ON <br />AUGUST 23, 1954. <br />UPOM MOTION PROPERLY MADE AND SECONDED, THE COMMISSION VOTE <br />NOT TO CHANGE ITS RECOMMENDATION PREVIOUSLY MADE TO COUNCIL. THE <br />FiOMMISSION STILL WISHES TO RECOMMEND TO COUNCIL THAT THE PETITIONE® <br />PROPERTY, LOCATED ON THE WEST SIDE OF ROSE HILL DRIVE, SOUTH OF THE <br />PRESENT A-B BUSINESS DISTRICT, BE REZONED FROM THE A-1 RESIDENT DIS- <br />TRICT TO THE A-B BUSINESS DISTRICT AND THAT THE PETITIONED PROPERTY, <br />LOCATED ON THE E,ST SIDE OF ROSE HILL DRIVE, REMAIN AS PRESENTLY ZONED. <br />WILL YOU PLEASE INFORM THE COUNCIL OF THIS ACTION TAKEN BY THE <br />COMMISSION, <br />VERY TRULY YOURS, <br />TDF:sB <br />T. D. FEATHERSTON <br />PLANNING ENGINEER <br />A MOTION BY MR. TEBELL, SECONDED BY MR. DAVIS THAT A PUBLIC HEARING ON <br />PUBLIC HEARING ORDEREl1 <br />RE: ROSE HILL DRIVE. <br />THE PETITION OF MR. CHARLES BARHAM, JR. FOR REZONING ON ROSE HILL DRIVE BE <br />HELD ON SEPTEMBER 27, 1954 AT 2:00 P. M. WAS UNANIMOUSLY ADOPTED. <br />ON MOTION BY MR. DAVIS, SECONDED BY MR. WEINBERG, THE FOLLOWING RESOLUTION <br />WAS UNANIMOUSLY ADOPTED: <br />BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE: <br />RESOLUTION RE: <br />CLOSINPi UNNAMED STREET <br />IN WESTWODD SUBDIVISION <br />THAT, WHEREAS, AT A MEETING OF THE COUNCIL HELD ON THE 19TH DAY OF <br />.IDLY, 1954, THE MINUTES OF WHICH MEETING ARE OF RECORD IN MINUTE BOOK .~, <br />!. 62, AN APPLICATION WAS RECEIVED FROM HUNTER FAULCONER REQUESTING THAT <br />THE COUNCIL BY APPROPRIATE ACTION CLOSE AND VACATE AN UNNAMED STREET <br />FORTY (40) FEET IN WIDTH RUNNING FROM RUGBY AVENUE ON THE NORTH TO <br />WESTWOOD AVENUE ON THE SOUTH WHICH UNNAMED STREET IS SHOWN ON PLAT OF <br />DIVISION OF BLOCK D OF THE „WESTWOOD~ SUBDIVISION IN THE CITY OF <br />CHARLOTTESVILLE, OF RECORD iN THE CLERK S OFFICE OF THE CORPORATION <br />COURT OF THE CITY OF CHARLOTTESVILLE IN D. B. 128, P. 16, AS RUNNING <br />BETWEEN LOTS 4 AND 13 ON THE WEST, AND LOTS 5 AND 14 ON THE EAST AND <br />WHEREAS, AT SAID MEETING SAID APPLICATION WAS REFERRED TO THE CITY <br />PLANNING COMMISSION FOR STUDY AND RECOMMENDATIONS ANS <br />WHEREAS, A REPORT HAS BEEN RECEIVED FROM THE CITY PLANNING <br />COMMISSION RECOMMENDING THAT THE APPLICATION OF HUNTER FAULCONER <br />TO CLOSE AND VACATE SAID UNNAMED STREET BE GRANTED] ANb <br />WHEREAS, IT APPEARING THAT IN EACH OF THE DEEDS OF CONVEYANCE <br />BY SAID HUNTER FAULCONER CONVEYING THE LOTS SHOWN ON SAID PLAT, HE <br />RESERVED THE FEE TO THE LAND SHOWN ON SAID PLAT AS STREETS ADJOINING <br />THE LOTS SHOWN ON SAID PLAT, AND THAT HiS OFFER TO DEDICATE THE SAME <br />TO THE CITY OF CHARLOTTESVILLE HAS NEVER BEEN ACCEPTE®~ AND <br />WHEREAS, IT FURTHER APPEARING THAT SUCH CLOSING AND VACATION <br />DOES NOT ABRIDGE OR DESTROY ANY OF THE RIGHTS OR PRIVILEGES OF OTHER <br />PROPERTY OWNERS WITHIN THE BOUNDS OF THE AREA OF LAND SHOWN ON SAI® <br />PLATS AND <br />WHEREAS, IT STILL FURTHER APPEARING THAT SAID UNNAMED STREET IS <br />NOT NECESSARY FOR THE CONVENIENCE ANO COMFORT OF THE PUBLIC AND THAT, <br />THEREFORE, THE OFFER OF HUNTES FAULCONER TO DEDICATE THE SAME TO THE <br />CITY OF CHARLOTTESVILLE SHOUI:D NOT BE ACCEPTED <br />NOW, THEREFORE, IT Is ORDERED, PURSUANT ro powER CONTAINED IN <br />SECTION 13 OF THE CHARTER OF THE LITY OF CHARLOTTESVILLE THAT SAID <br />UNNAMED STREET SHOWN ON THE PLAT OF DIVISION OF BLOCK D OF THE <br />"WESTW000" SUBDIVISION, OF RECORD IN THE CLERK S OFFICEOF THE <br />CORPORATION COURT OF THE CITY OF CHARLOTTESVILLE IN D. B, 128, P. 16, <br />AS A STREET FORTY (40) FEET IN WIDTH AND RUNNING FROM ITS INTERSECTION <br />WITH RUGBY AVENUE ON THE NORTH TO lT5 INTERSECTION WITH WESTWOOD AVENUE <br />ON THE SOUTH BE AND THE SAME IS HEREBY CLOSED ANO VACATED THROUGHOUT <br />ITS ENTIRE LENGTH ANO WIDTH, THE LAND INCLUDED IN SAID UNNAMED STREET. <br />REVERTING TO THE SAID HUNTER FAULCONER WHO HAD RESERVED THE FEE IN SAID <br />UNNAMED STREET. <br />IT IS FURTHER ORDERED THAT THE MAYOR AND CLERK BE AND THEY HEREBY <br />ARE AUTHORIZED AND DIRECTED TO UNITE ON BEHALF OF THE CITY OF CHARLOTTES- <br />VILLE IN A PROPER INSTRUMENT IN WRITING SIGNED BY ALL OWNERS OF PROPERTIES <br />ABUTTING SAID UNNAMED STREET VACATING AND CLOSING THE SAME, TO SHOW THE <br />APPROVAL OF THIS COUNCIL OF SUCH CLOSING ANO VACATION, WHICH SAID <br />INSTRUMENT SHALL BE ACKNOWLEDGED IN THE MANNER OF A DEED AND FILED FOR <br />RECORD IN THE CLERKS OFFICE OF THE CORPORATION COURT OF THE ~'ITY OF <br />CHARLOTTESVILLE. <br />IT IS FURTHER ORDERED THAT THE CLERK OF THE COUNCIL BE AND HE NERE9Y <br />IS DIRECTED TO RECORD IN SA10 CLERKS OFFICE, A DULY ATTESTED COPY OF THIS <br />RESOLUTION. 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