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AN ORDINANCE • CLOSING, VACATING, AND DISCONTINUING A PORTION OF AN ALLEY, LOCATED OFF 10TH STREET, ADJOINING PARCELS 136,137 AND 138, CITY TAX MAP 54 WHEREAS, Joe Milby, the contract -purchaser of properties identified as Parcels 136, 137 and 138 on City Real Estate Tax Map 54, has initiated a petition seeking to close a portion of an alley (the "Alley") and combine the land so vacated with the above -identified properties; and WHEREAS, the Alley which is the subject of this petition was created, circa 1890, by a plat recorded in the City's land records at Deed Book 2, Page 26; and WHEREAS, the City has never made improvements to the Alley nor taken action to control access through the Alley, and there is no indication of any intent by the original developer to dedicate this alley for public use; and WHEREAS, a joint public hearing by the Planning Commission and City Council was held on October 12, 2004, following notice to the public and to adjacent property owners as required by law; and WHEREAS, the Planning Commission requested a fully executed deed of easement which allows a continued, perpetual, unobstructed right of access to and from the subject Alley for adjacent • property owners ("Deed of Easement"); and WHEREAS, this Council wants the Deed of Easement amended to require the Petitioner and successors in title to maintain the subject Alley for a period of 10 years from the date this ordinance is adopted; and WHEREAS, after consideration of the factors set forth within the City's November 18, 1991 street closing policy as well as matters specified within § 15.2-2232 of the Code of Virginia, this Council finds and determines that the petitioner's request should be granted; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that a portion of the Alley located off 10'h Street and adjoining Parcels 136, 137 and 138 on City Real Estate Tax Map 54, is hereby closed, vacated, abandoned and discontinued, the portion to be vacated being more particularly described as follows: That portion of a 15 -foot wide Alley off 10'h Street adjoining Parcels 136, 137 and 138 on City Real Estate Tax Map 54, a copy of which Tax Map being attached hereto. 0