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• AN ORDINANCE <br />CLOSING, VACATING AND DISCONTINUING <br />PORTION OF MIDLAND STREET RIGHT-OF-WAY <br />OFF MASON STREET <br />WHEREAS, proper notice was duly posted and advertised that Edward D. Ryan would <br />request the City Planning Commission to initiate street closing procedures to close a portion of the <br />Midland Street right of way off Mason Street, approximately 40 feet in width and running a distance <br />of 360 feet, shown on the attached map drawn by the City Community Development Department; <br />WHEREAS, owners along the alley proposed to be vacated have been duly notified; <br />WHEREAS, a joint public hearing by the Planning Commission and City Council was held <br />on April 9, 2002, and comments from the City staff, the Planning Commission and the public were <br />made and heard; and <br />WHEREAS, the Planning Commission recommended closure of the alley with certain <br />conditions; now, therefore, <br />• BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the street <br />right of way, described as follows, is hereby closed, vacated and discontinued as a public <br />thoroughfare of the City of Charlottesville, Virginia, said alley not being needed for public use and <br />travel: <br />That portion of Midland Street right of way off Mason Street, <br />approximately 40 feet in width and running a distance of 360 feet, <br />shown on the attached map drawn by the City Community <br />Development Department, and located on City Real Estate Tax Map <br />56 adjacent to Parcels 101-106 and Parcel 87.1. <br />PROVIDED, HOWEVER, that the City of Charlottesville hereby reserves unto itself a <br />perpetual casement ten feet in width on either side of the center line of any water, gas, sanitary or <br />storm sewer mains presently located in the area being vacated, including the perpetual right of <br />ingress and egress over the vacated area for the purpose of installing, maintaining, repairing or <br />replacing such utility lines or mains. <br />BE IT FURTHER ORDAINED that closure of the above -referenced right of way is <br />conditioned upon payment to the City by the applicant of $39,600.00, the value of the land. Upon <br />receipt of payment, the City Attorney shall advise the Clerk of the Council to send a copy of this <br />ordinance with plat attached to the Clerk of the Circuit Court for recordation in the current street <br />closing book. <br />• Approved by Council G <br />June 17, 2002 C e t of City CoLncil <br />