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<br />~44 <br /> <br />TUES DAY <br /> <br />DECEMBER D, 1960 <br /> <br />Commission has considered this matter and recommended that such rezoning be <br /> <br />effected, Council calJed for a duly-advertised public hearing to be conducted <br /> <br />by the Council in the Council Chamber, Tuesday, January 10, 1961, at 7: 15 P.M. <br /> <br />By the following adopted resolution, Council ordered vacated and abandoned that <br /> <br />portion of Second street, unopened, (see Council minutes of October 11, 1960) <br /> <br />hereinafter specificaUs" described, as recently requested by Mr-. Roy C. Stone <br /> <br />through his attorney, Mr. William F. Stone, such vacating and abandonment being <br /> <br />subject to the conditions set forth in said resolution: <br /> <br />BE IT RF..sOLVED by the Council of the City of Martinsville, Virginia, in <br />regular meeting assembled this thirteenth day of December, 1960, that the <br />City hereby vacates ani abandons, subject to conditions hereinafter <br />stipulated, that portion of Second Street, unopened, between the property <br />of Roy C. S tone on the north side of Memorial Boulevard, North, being lots <br />Nos. 81, 82, 83, and 84 of the W. M. Carter Subdivision, and Memorial <br />Boulevard, North. The north line of Memorial Boulevard as would be <br />established for the purpose of this Resolution shall be a line as would <br />be located two feet (21) back of, or north of, the back, or north, line <br />of a sidewalk as would be located upon extension of the present sidewalk <br />as exists along the north side of Memorial Boulevard between Fayette Street <br />and Beaver Street. <br /> <br />BE IT FURTHER RESOLVED, that this action of vacation and abandonment shall <br />be completed and effective only upon receipt by the Clerk of this C oun::: il <br />of an executed agreerrent from Roy C. Stone, binding upon his heirs and <br />assigns, wherein Roy C. Stone does agree: <br /> <br />First, that at any time, upon request of the City Council, with written <br />notice served, wherein the Council upon its ovm determination shall <br />ascertain such land to be necessary for street widening or other municipal <br />purpose, except as such purpose 'WOuld deny ingress or egress to the <br />property, Roy C. Stone shall vacate and relinquish arv interest he might <br />have in that portion of Second Street area fronting his property as would <br />be situated within a distance measured fifty-seven feet (57') from the <br />roadway center line of Memorial Boulevard. <br /> <br />Second, that Roy C. Stone shall not erect, prior to City action in the <br />first paragraph immediately above, arw structures or portions or extensions <br />of structures within the fifty-seven feet (57') distance except that <br />structure of design and ground layout as shown on building plans dated <br />November 23, 1960, prepared by Stanley IV. Bowles, and on file in the <br />Department of Building Inspections of the City. <br />