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HomeMy WebLinkAbout93-18• ORDINANCE N0. 93-18 ORDINANCE CLOSING A FORTY FT. PORTION OF AN EAST-WEST ALLEY LOCATED BETWEEN FIFTH STREET, NORTH AND FOURTH STREET NORTH, IN BLOCK 34 BEGINNING FROM A POINT AT THE EAST LINE OF LOTS 7 AND 26, CONTINUING EASTWARD 40 FEET ADOPTED: August 3, 1993 EFFECTIVE: August 3, 1993 • - 152 - ~~ ~` E~Cl~ ~ ~;~ ~ P~ P~~,G't ~ • ORDINANCE NO.93-18 Ordinance Closing a Forty Foot Portion of an East-West Alley Located Between Fifth Street, North and Fourth Street North, in Block 34 Beginning From a Point at the East Line of Lots 7 and 26, Continuing Eastward 40 Feet WHEREAS, Pulaski Furniture Corporation has petitioned the Town Council to close a portion of an East-West alley located between 5th Street North and 4th Street North in Block 34 beginning from a point 125 feet west of the western Madison Avenue right-of--way line to the eastern wall of the existing building. WHEREAS, the purpose of the request is to accommodate an expansion by Pulaski Furniture and to increase the tax base of the Town; and, WHEREAS, the alley therein question has been partially closed and now ends at a building, so that there has been little traffic of any type on the alley in a number of years; WHEREAS, closing the alley will not impact the safety or convenience of pedestrians or motorists; and • WHEREAS, the owners of the land abutting the portion to be closed on the North, had raised a question of access to their property and expressed a desire to keep as much of the alley open as possible; and the Town has reached an agreement with them; and, WHEREAS, Town Council conducted a public hearing on August 3, 1993, after advertising as required by law, to consider the request, and in consideration of the interests of the abutting landowners and the representations made at the hearing, the Town finds it in their best interest that only a forty foot section of the alley be closed; NOW, THEREFORE, be it ORDAINED by the Town Council, Town of Pulaski, Virginia, sitting in regular session on August 3, 1993, that the portion of an East-West alley located between 5th Street, North and 4th Street, North, in Block 34, beginning from a point at the east line of lots 7 and 26, and continuing 40 feet east~~ard for the width of 20 feet is hereby vacated and closed to public use; provided, however, that this closure is contingent upon the expansion of Pulaski Furniture Corporation in compliance with the representations made to the Town Council and as provided in Section 15.1-364 of the Code of Virginia, as amended; and, the agreement of Pulaski Furniture Corporation to maintain the open portion of the alley after its project is completed and the alley is paved by the Town. Any public utility easements across the area to be closed, if any, which exist in favor of the Town shall continue to exist in favor of the Town and aze not abandoned by • this ordinance. The closure will not be final until receipt and recordation of a Special Warranty Deed from the abutting landowners. At such time, the Mayor or Town Manager aze ~,~ ~. 153 - authorized to execute a quitclaim deed to the closed portion of the alley in favor of Pulaski • Furniture, with terms consistent with this ordinance. This ordinance is effective upon adoption this 3rd day of August, 1993 and is adopted by duly recorded vote of the Town Council as follows: Charles D. Crispin J. R. Schrader, Jr. Roy H. D'Ardenne, Jr. W. H. Schrader, Jr. Aye Andrew L. Graham Aye Absent E. G. Black, Jr. Aye y~ e Alma Holston y~- Aye Robert N. Glenn Aye TOWN OF PULASKI, IlVIA By W.H. Sc d r, Jr., Vice-Mayor ATTEST: ~~ • Ruth Harrell Clerk of Council ~~~~ ~1~`~~~~~ g ~ 0',(~ ~, r.~ ~ P - 154 - The State of Virginia ~ ~ ~ ~ ~ ~~ ~ ~~ P~ ~ L County of Pulaski . The foregoing ordinance No. 93-18 was acknowledged before me this 4th day of August, 1993, by Vice Mayor W. H. Schrader, Jr., and Ruth A. Harrell, Clerk of the Town of Pulaski, VA. Notary Public m ~, ~~~ ~° 53- 31- q'3 • - 155 - r, ~ fV ~ D ~ rn a~ 51 N ~A i 1~ 17 IOA _ _6A s ao 0 N Is 16G ~ 16A ~ i6 ~~ a a 1$A le 18 20 22 24 Lb Gtj ( w 32 ~ ~ 28A I ~3~~ 3 `~ Street N 1 1 3 1 5 1 7 35 Ii I IIA 13i 13A IcJ 9 I J 13 15 n I I IB 13B 15A I 30 32 ~ m I~ 24 26 28 a' 20 221 I I ~~ n-i Street ,•, ~T ~ ~n1 ~ 3A z - 5A~ 7 ~ ~' s , ~ ~ ~ ~ ~ U ,~ i ~ -\~ - O 13 d9 Q ~ 3 ~ 5_ ~ 7,, ~ Y .~ ~. . Z 50 ` ~ S i'`u. 9 5' ~ ~ 1S' ~~ '15 , I ~ v rtp wo a v o --~~ ~wsw~ Z II 34 ~s~ N I 313A I r 13 of I 1 ?13 13B-~ 7S' I 15 3 Y~ 15 ~~ 15A ~ 17 75' ?5 ` ~~ ~ ~ kl v T i i 50 52 ~ 4 6 8 10 12 4 16 IS 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 5 ~~ ~ B 0 0 K ~ ~ ~ ~ PA G E ®~ ~4 9 - ~~ ~. ~ street N ---~--, c~ ~!} ,., - - -156 - ~- I, Ruth A. Harrell, Clerk of the Council for the Town of Pulaski, Va, do hereby certify that the foregoing Ordinance No. 93-18 is a true and correct copy of the Ordinance as adopted at the regular meeting of the Town Council held August 3, 1993. erk of Council • •