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441 A COMMUNICATION WAS PRESENTED FROM THE UURNET COMPANY REQUESTING PERMISSION TO INSTALL A GASOLINE TANK FOR THEIR OWN USE AT THEIR GREENHOUSES AT SOUTH FIRST STREET REQUEST TO INSTALL GASOI_INF TANK REFERRED AND LANKFDRD AVENUE. nN MOTION AY MR. MICHIE, SECONDED BY MR. LEE, THIS MATTER WAS TO rITY ATTORNEY REFERRED TO THE CITY ATTORNEY FOR AN AMENDMENT TO THE ORDINANCE WHICH WOl1LD PERMIT THIS INST4LLATION. ON MOTION BY MR. MICHIE, SECONDED BY MR. LEE, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT A PORTION OF THE Al_LEY, WHICH RUNS EAST AND WEST BETWEEN AVON STREET AND MONTICFI_l0 ROAD IN BLOCK ~ OF THE BFI_MONT SUBDIVISION, 9E CLOSED FROM THE EASTERN EDGE OF RESOLUTION RE: CLOSE PORTION OF ALLEY AVON STREET EAST 115,5 ALONG THE SOUTHERN SIDE OF SAID ALIFY TO THE WESTERN EDGE 2OO BLOCK - AVON ST. OF AN ALLEY WHICH BENEFITS THE SOUTHERN PORTION OF LOTS 6, 7, &. 8 OF BLOCK ~. AS OUTLINED IN RED ON A PLAT OF THE CITY ENGINEERING nEPARTMENT, DATED SEPTEMBER ~5, 1Q6O; RESERVING UNTO THE CITY OF CHARLOTTESVILLE All ITS RIGHT, TI TIE AND INTEREST IN, TOGETHER 411TH THE PERPETUAL EASEMENT OR RIGHT OF WAY TO, CERTAIN WATER, SEWER AND GAS t_INES RUNNING THROl1GH SAID ALLEY TOGETHER WITH THE RIGHT TO- LAY, CONSTRUCTS MAINTAIN OR REP41R SAID LINES AND TO LAY, CONSTRUCT, MAINTAIN OR REPAIR A STORM SEWER LINE TO gE BUILT IN CONJUNCTION WITH THE NEW ROUTE ?O BRIDGE. THE CITY RESERVES UNTO ITSELF THE PERPETUAL RIGHT OF INGRESS ANO EGRESS OVER SAID ALLEY FOR THE ABOVE MENTIONED PURPOSES, BF IT FURTHER RESOLVED THAT THE MAYOR BE AUTHORIZED TO EXECUTE A QUITCLAIM DEED OF A PORTION OF SAID ALLEY TO W, F. LAWRENCE ANO KENNETH W. F3EALE RESERVING UNTO THE CITY ALL UTILITY LINES EASEMENTS AND THE PERPETUAL RIGHT OF INGRESS AND EGRESS OVER SAID LAND. PETITIONS CONTAINING 41~ SIGNATURES OPPOSING ANY PROPOSAL TO REMOVE ANY OF THE PETITION PRESENTED RE: TP,EFS - FF.NCF TREES IN (3ElMONT PARK OR TO THE ERECTION OF A FENCE AROUND THE PARK WERE PRESENTED BELMONT PARK AND ORDERED FILED. THE FOLLOWING COMMUNICATION WAS PRESENTED FROM THE PLANNING COMMISSION: ~~COMMUNICATION CITY COUNCIL RE: WATER STREET RIGHT OF L1~AY WIDTH WITH SPECIAL REFERENCE TO tn/. T. STEVENS LETTER DOTED AUGUST ~9, 1960. THE PLANNING COMMISSION ADOPTED A RESOLt/TION TO RECOMMEND TO CITY COMMUNICATION - PLANNING COMM. RE: PROPERTY LINES COUNCIL THE ANSWER TO THE QUESTION ASKED 9Y MR. STEVENS IN THE FOLLOWING ON WATER STREET ORDER: ~, WILL THE CITY REQUIRE THE OWNERSHIP OF THIS PROPERTY TO MOVE THE WAIL BACK BEFORE REQUIRING THE SAME OF EVERY OTHER ENCROACHING OWNER IN THE TWO BLOCKS BETWEEN THIRD AND FIFTH STREETS ON WATER? No. ?. IS THERE ANYTHING PRESENTLY SCHEDULED, ON THE DRAWING BOARDS OR IN WRITTEN PLANNING RECOMMENDATIONS TO THE CITY THAT POINTS TO St1CH ACTION, FOR ANY OR ALL OF THOSE PROPERTY OWNERS BETWEEN THIRD AND FIFTH, DURING THE NEXT TEN YEARS OR F.VEN LATER? NO. ~, IF THE OWNERSHIP OF #32O EAST MAIN, FOR THE C!JRRENT TENANT OR A SUCCESSOR, APPLIED FOR A CITY PERMIT TO REFINE OR VENEER AND/OR TO IMPROVE THE EXISTING WATER STREET FACE, 8UT NOT INCREASING IN SQUARE FEET ON WATER STREET THE DOOR AND WINDOW OPENING AREA AS NOW EXISTS, WOULD THE PRESENT CITY MANAGER AND/OR CITY COUNCIL FAVOR GRANTING SUCH A PERMIT, SUBJECT TO A WRITTEN REMINDER OF THE WHOLESALE ENCROACHMENT THAT HAS EXISTED FOR A HALF CENTURY? YES. 4. WILL THE CITY ENTERTAIN THE IDEA OF SELLING TO THE OWNERS, AT THE GOING GROUND R4TE~ THE $z~X 45~ OF ENCROACHMENT AREA? NO, THE CITY HOES NOT HAVE THE LEGAL RIGHT TO SELL 4NY OF THE STREET RIGHT OF WAY, ON MOTION BY MR. MICHIE, SECONDED HY MR. H;fGGERTY, THE FOREGOING RECOMMENDATIONS WERE UNANIMOUSLY ADOPTED.