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AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF THE WARE STREET EXTENDED RIGHT-OF -WAY, LOCATED OFF STONEHENGE AVENUE WHEREAS, Lawrence Rogers, on behalf of his brother, Charles Rogers, owner of property on Stonehenge Avenue designated as Parcel 114 on City Tax Map 27, initiated a petition seeking to close the northern portion of Ware Street Extended right of way, approximately 50 feet wide and 13 7 feet in length, shown on a subdivision plat (1951) of record in the Charlottesville Circuit Court Clerk’s Office at Deed Book 159, page 113 (hereinafter “Subject Right of Way”); and WHEREAS, the Subject Right of Way was platted in 1951 but was never formally ac cepted by the City as part of the City’s public street system; and, WHEREAS , the southern portion of Ware Street Extended was previously closed and vacated by City Council on December 20, 1976, of record in the aforesaid Clerk’s Office in Street Closing Book 1, Page 79; and WHEREAS, following notice to the public pursuant to Virginia Code §15.2-2272, a joint public hearing by the Planning Commission and City Council was held on December 13, 2016, and comments from City staff and the public were made and heard; and, WHEREAS , the Planning Commission recommended approval of the closing and vacation of the Subject Right-of-Way, conditioned upon reservation of easements for the maintenance of an existing sanitary sewer line and pedestrian access across the vacated right-of-way; and WHEREAS, after consideration of the factors set forth within the City Street Closing Policy, adopted by Council on February 7, 2005, this Council finds and determines that the petitioner’s request should be granted, subject to reservation of : (1) an easement across the entire vacated area for maintenance and repair of the existing sanitary sewer line, and (2) an easement 10’ in width to provide pedestrian access across the closed portion of Ware Street Extended to Stonehenge Avenue; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the City hereby closes, vacates and discontinues the Subject Right-of -Way described as follows: The northern portion of unaccepted right-of-way designated as Ware Stree t Extended adjoining Parcels 98 and 114 on 2016 Tax Map 27, and Parcel 115 on 2016 Tax Map 26, highlighted and shown on the attached Tax Map drawing. BE IT FURTHER ORDAINED that as part of the above-referenced vacation the City hereby RESERVES an easement and right-of-way across the entire vacated area of Ware Street Extended for the perpetual maintenance and repair of the above-referenced existing sewer line, and further RESERVES a 10’ wide easement for pedestrian access across the closed portions of Ware Street Extended that adjoin City Real Estate Tax Map Parcels 26-115 and 27 -114. Approval of this ordinance is conditioned upon Petitioner Rogers providing a plat of said easements, in form approved by the City Attorney, which is suitable for recordation in the Charlottesville Circuit Court Clerk’s Off ice.