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• AN ORDINANCE <br />CLOSING, VACATING AND DISCONTINUING <br />A PORTION OF MONTEBELLO CIRCLE <br />WHEREAS, proper notice that Mr. and Mrs. Roy Haney would <br />request the City Planning Commission to initiate street closing <br />procedures to close a twenty foot (20') wide unbuilt portion of <br />Montebello Circle, was duly posted and advertised; <br />WHEREAS, owners along the street proposed to be vacated have <br />been duly notified; <br />WHEREAS, a joint public hearing by the Planning Commission and <br />City Council was held on November 14, 1995, and comments from the <br />City staff, the Planning Commission and the public were made and <br />heard; and <br />WHEREAS, the Planning Commission recommended closure of a <br />portion of Montebello Circle, with certain restrictions and <br />conditions; now, therefore, <br />BE IT ORDAINED by the Council of the City of Charlottesville, <br />Virginia that a certain portion of Montebello Circle, thirteen feet <br />(131) in width, and approximately one hundred forty five feet <br />(145') in length, shown on the attached sketch as a shaded area, is <br />• hereby closed, vacated and discontinued as a public thoroughfare of <br />the City of Charlottesville, Virginia, said portion of Montebello <br />Circle not being needed for public use and travel. <br />PROVIDED, HOWEVER, that the City of Charlottesville hereby <br />reserves unto itself a perpetual easement ten feet in width on <br />either side of the center line of any water, gas, sanitary or storm <br />sewer mains presently located in the area being vacated, including <br />the perpetual right of ingress and egress over the vacated area for <br />the purpose of installing, maintaining, repairing or replacing such <br />utility lines or mains. <br />BE IT FURTHER ORDAINED that this ordinance, and therefore the <br />closing of the above -referenced portion of Montebello Circle, is <br />conditioned upon preparation of a plat or sketch drawn to scale and <br />showing the area to be closed, with the cost of such plat or sketch <br />to be paid by the petitioners. The Clerk of the Council shall not <br />send a copy of this ordinance to the Clerk of the Circuit Court for <br />recordation in the current street closing book until said plat or <br />sketch is approved by the City Attorney and duly attached. <br />Approved by Council <br />December 18, 1995 <br />0 A-&'J-� (-'V� <br />ClOrk of City Cou cil <br />