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AN ORDINANCE • CLOSING, VACATING, AND DISCONTINUING THAT PORTION OF AN UNACCEPTED RIGHT OF WAY (3rd STREET) LOCATED OFF DOUGLAS AVENUE ADJACENT TO PARCELS 343 AND 344 ON CITY TAX MAP 58 WHEREAS, the owners of property designated as Parcel 343 on City Tax Map 58 (127 Douglas Avenue) have initiated a petition seeking to close a portion of a street right of way located adjacent to their properties; and WHEREAS, the Street which is the subject of this petition was created, circa 1906, by a subdivision plat recorded in the Albemarle County land records at Deed Book 17, page 53 and subsequently annexed into the City; however, the City has never accepted the 20 -foot right-of- way by establishing any public street in this location; and WHEREAS, owners along the Street proposed to be vacated have been duly notified; and WHEREAS, following notice to the public pursuant to Va. Code Sec. 15.2-2272, a public hearing by the City Council was held on October 1, 2007, and comments from the City staff, and the public were made and heard; and • WHEREAS, after consideration of the factors set forth within the City's Street Closing Policy, adopted by Council on February 7, 2005, as well as matters specified within § 15.2-2272 of the Code of Virginia, this Council finds and determines that the petitioners' request should be granted; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that a portion of the 3rd Street right of way is hereby closed, vacated and abandoned, the portion to be vacated being more particularly described as follows: A twenty (20) foot platted right-of-way, designated as 3`d Street on the attached plat recorded February 1, 1906, made by J.T.E. Simms, of record in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 17, page 53, running approximately 145 feet westward from Douglas Avenue, and located adjacent to Parcels 343 and 344, on 2007 City Tax Map 58. PROVIDED, HOWEVER: That the City of Charlottesville hereby reserves unto itself a perpetual easement encompassing the entire vacated area, including the perpetual right of ingress and egress over the vacated area, for the purpose of installing, maintaining, repairing or replacing sanitary sewer and stormwater lines shown on a plat made by Roudabush, Gale & Associates dated September 28, 1993, of record in the Clerk's Office of the Circuit Court of the City of Charlottesville at Deed • Book 619, page 368;