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HomeMy WebLinkAbout98-19r 1 ~J ORDINANCE 98-19 CLOSING AN UNDEVELOPED RIGHT OF WAY BETWEEN BRYANT CIRCLE AND OAK LANE C] ADOPTED: August 4, 1998 EFFECTIVE: August 4, 1998 • ~~~ s . s °~ Ov,~~~uPAGEOgO~ 9 8 4 919 ORDINANCE 98-19 • CLOSING AN UNDEVELOPED RIGHT OF WAY BETWEEN BRYANT CIRCLE AND OAK LANE WHEREAS, after studying the Town's system of streets and alleys to determine which streets and alleys were unnecessary and should be closed, the Director of Public Works proposed to close an undeveloped right of way described herein; and, WHEREAS, the Town Manager submitted the proposal to all department heads for any comments and the matter was considered by the Public Operations Committee; and, WHEREAS, the Town held a public hearing on duly 21, 1998 on the proposed closing after advertisement in accordance with law and additional mailed notice to those property owners shown on the tax records of the Town as having an interest in the property appurtenant to the portion of the street to be closed; and WHEREAS, it appears that the portion of the right of way under consideration has never been opened and that due to the topography it would not be feasible to open that right of way in a cost effective manner, so that the Town Council finds that it is in the best interest of the Town and its citizens to close and vacate the undeveloped right of way; accordingly, • NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on August 4, 1998, that the following described section of a public right of way is hereby abandoned, closed, and vacated with title thereto, if any be vested in the Town, being hereby quitclaimed without warranty from the alley centerline to adjacent property owners on each respective side. The section to be closed is described as follows: Being a platted right of way extending from Bryant Circle to Oak Lane, but never having been developed for passage due to its location in a drainage area; the location of which is shown on the attached drawing. There are EXCLUDED from this abandonment and quitclaim and RESERVED by the Town, any and all utility or other easements that may exist in favor of the Town, its successors or assigns, as welt as an easement for the future installation and maintenance of public utilities through the closed portion of the street. in addition, the Town reserves a drainage easement for the natural or existing drainage course that runs across said land. If adjoining property owners, their successors or assigns wishes to develop the property, it must demonstrate to the Director of Engineering that the development will not adversely impact the existing drainage course. ~~ This Ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 4th day of August, 1998, as follows: James M. Neblett Aye W. Edgar Hale Aye Lane R. Penn Aye Joseph L. Weddle dye Jeffrey S. Worrell ~ Pauline G. Mitchell ~' Bettye H. Steger Aye Charles W. Stewart Aye T WN OF PULASKI, VIRGINIA By: hn A. Johnsto ayor Atte G ~ t Patricia Pendergrast, Cle of Council ~ ~ ~ ~v~t~ PAGE ~~~ • Q C7 .,• ~., ,'y ~~~{ ~, n ?~ Ov~`~PAGEQ~'f 5d _r.. • X0,824,000 E I( • ?.~; ~, ec ~;~ ~U~VPAG~{J'~1~ Notary Page The State of Virgo County of Pulaski The foregoing Ordinance was acknowledged before me this 18th d John A. Johnston, Mayor and Patricia Pendergrass, Clerk of the Tay of August, 1998, by Virginia. own of Pulaski, Notary Public - My Commission Expires: 3 3t Zco z. also hr.`'•~~F:i;E~~ Iri ; ~=E ~~LE ~;' _~ i~Fi i~•F ,~.: ~.;: . r 1 ~ ` ~ Fl ~~ ..r~r~~r~~f~ ~iF ~ ~ ~~:h ~ ~ a ~~~~~~~j . c I Patricia Pender ast Clerk of Council of the Town of Pulaski, Vir ' 'ado hereby certify ~' ~ ~ that the foregoing Ordinance No. 98-19, closing an undeveloped right of way between Bryant Circle and Oak Lane is a true and correct copy of the Ordinance set out and adopted by the recorded vote of the Town Council on August 4, 1998. Patricia Pendergast, Cler f Council • •