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AN ORDINANCE • CLOSING, VACATING AND DISCONTINUING A PORTION OF 10'/2 STREET, NW WHEREAS, proper notice was duly posted and advertised that Tenth & Main LLC would request the City Planning Commission to initiate street closing procedures to close a portion of 10 %2 Street , NW, north of West Main Street, said right-of-way being approximately 120 feet in length lying between parcels 53, 42 and 43 on Tax Map 10, shown on the attached map drawn by the City Department of Neighborhood Development Services; WHEREAS, owners of the property along 10 %2 Street, NW, have been duly notified; WHEREAS, a joint public hearing by the Planning Commission and City Council was held on January 15, 2002, and comments from the City staff, the Planning Commission and the public were made and heard; and WHEREAS, the Planning Commission, after consideration of the factors set forth within the City's street closing policy, recommended closure of the subject street; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that a portion of 10 '/2 Street, NW, described as follows, is hereby closed, vacated and discontinued as a public • thoroughfare of the City of Charlottesville, Virginia, said street right-of-way not being needed for public use and travel: Public right-of-way known as a portion of 10 %2 Street NW in the City of Charlottesville, north of West Main Street, shown on the attached plat and map, drawn by the City Department of Neighborhood Development Services, and located on City Real Estate Tax Map 10, lying between Parcels 53, 42, and 43. PROVIDED, HOWEVER, that the City of Charlottesville hereby reserves unto itself a perpetual easement twenty feet in width on either side of the center line of any water, gas, sanitary or storm sewer mains presently located in the area being vacated, including the perpetual right of ingress and egress over the vacated area for the purpose of installing, maintaining, repairing or replacing such utility lines or mains. BE IT FURTHER ORDAINED that this approval of Ordinance is conditioned upon (1) the applicant and owners of property adjoining the subject right-of-way entering into one or more agreements providing for pedestrian -vehicular access for the benefit of those adjoining properties, and (2) consolidation of lots 41 and 44, so that lots 42 and 43 have frontage on 10" Street, NW. BE IT FURTHER ORDAINED that the Clerk of the Council shall not send a copy of this ordinance with plat attached to the Clerk of the Circuit Court for recordation in the current • street closing book until the following conditions have been met, as certified to the Clerk of Council by the City Attorney: