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AN ORDINANCE CLOSING, VACATING AND DISCONTINUING • A PORTION OF OLD FIFTH STREET EXTENDED OFF HARRIS ROAD WHEREAS, proper notice was duly posted and advertised that Frank Baliff/Southern Property, LLC would request the City Planning Commission to initiate street closing procedures to close that portion of old Fifth Street Extended adjoined by Parcels 16 through 19 on City Tax Map 2113, and Parcels 188 and 189 on City Tax Map 22B, said right-of-way being approximately 50 feet in width and running a distance of approximately 411 feet, shown on the attached map drawn by the City Community Development Department; WHEREAS, owners along the affected portion of old Fifth Street Extended have been duly notified; WHEREAS, a joint public hearing by the Planning Commission and City Council was held on July 13, 2004, and comments from the City staff, the Planning Commission and the public were made and heard; and WHEREAS, the Planning Commission recommended closure of the subject street conditioned upon the City's reservation of an easement for maintenance of existing sewer facilities, and payment of the fair market value of the subject right-of-way; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that a portion of Fifth Street Extended, described as follows, is hereby closed, vacated and discontinued as a public thoroughfare of the City of Charlottesville, Virginia, said street not being needed for public use and travel: Public right-of-way known as old Fifth Street Extended in the City of Charlottesville, approximately 50 feet in width and running from its • intersection with Harris Road a distance of approximately 411 feet in a northerly direction, shown on the attached map drawn by the City Community Development Department, and located on City Real Estate Tax Map 21B adjacent to Parcels 16-19, and on City Real Estate Tax Map 22B adjacent to Parcels 188 and 189. PROVIDED, HOWEVER, that the City of Charlottesville hereby reserves unto itself a perpetual easement ten feet in width on either side of the center line of the sewer facilities 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 sewer facilities; and BE IT FURTHER ORDAINED that the requested closing and vacation is conditioned on the execution of an agreement between the applicant, Piedmont Housing Alliance ("PHA"), or a substitute housing agency approved by the City in the event that PHA is unable or unwilling to participate, and the City of Charlottesville, that incorporates the provisions stated in the attached "Willoughby Townes S`h Street S. W. Street Vacation — Conditions for Approval, related to the provision of four (4) affordable housing units in the development that necessitates this street closing. Upon confirmation by the City Attorney that the aforementioned agreement has been executed, the Clerk of the Council shall send a copy of this ordinance with plat attached to the Clerk of the Circuit Court for recordation in the current street closing book. Approved by Council September 20, 2004�'�ZY/ &LTi of City Council •