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<br />TIJES DAY
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<br />AUGUST 12, 1952
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<br />not continued across a tract of 6.1 acres shown thereon as undeveloped
<br />territory; but in the second Moore Map, mentioned above, the said Matt Street
<br />is shmvn as extendirE betwwen Lots #32 and #33, which face on Fayette Street,
<br />and said Street is shown as beir:g 40 feet wide and extending back across said
<br />undeveloped acreage }lr.t"operty to intersect with Beaver Street on the East side
<br />of said Beaver street. Thus the maps of record do not show any lots as facing
<br />upon Matt street, excepting Lots #32 and #33 which f ace on Fayette Street.
<br />However the state Highway Department, when the new location of U. S. Highway
<br />#220 was opened up into Fayette street, occupied a portion of said Matt Street
<br />ani aJ..so a portion of the original Lot #32, as shmvn on the second Moore Map.
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<br />Under the Charter requirements of the City of Martinsville and under the
<br />provisions of Chapter 23, article #2, entitled "The Virginia Land Subdivision
<br />Act", an owner who desires to subdivide his land is required to submit a plat
<br />of the proposed subdivision to the governing body of the nnmicipality, or to
<br />the governing body of the County, where tm land involved lies, and if the
<br />said plat is approved the same shall be recorded, am the recordation thereof
<br />shall operate to transfer in fee simple to the County or City wherein the
<br />land lies, such portion of the pt'emises platted as is on such plat set apart
<br />for streets, alleys, etc. Therefore, your petitioner feels that Matt Street,
<br />as shown on the aforesaid Moore Maps, has never been pt'operly dedicated as a
<br />street, but even if it had been dedicated as a street, under Section 15-793 of
<br />the Code of Virginia, any portion of said plat mew be vacated with the consent
<br />of the governing body of the municipality wherein the land lies by the
<br />proprietors thereof, at any time before the sale of any lot therein, by a
<br />written instrwrent, declaring the same to be vacated, which said instrument
<br />shall be executed, acknowledged and recorded in the Clerk's Office wherein the
<br />plat to be vacated is to be recorded, and the execution and recordation of
<br />such writing shall operate to divest all public rights in and to re-invest
<br />such proprietors with the title to the streets, alleys, easeIOOnts and public
<br />grounds laid out or described in such plat. Your petitioner would show that
<br />prior to the purchase of said real estate by your petitioner from Elizabeth
<br />Stuart James Grant, the said vendor and her husband entered into a deed with
<br />P. S. Ford am his wife wherein the s aid Vendor did remise, release and forever
<br />quit-claiIrEd unto the said P. S. Ford all that portion of Matt street lying in
<br />the City of Martinsville am being that portion of Matt Street not occupied
<br />by State Highway #220 and borderirg on Lot #31 owned by the said P. S. Ford,
<br />and extending from the eastern boundary line of Lot #76 to Fayette Street, and
<br />in consideration of the conveyance aforesaid, the said P. S. Ford and wife did
<br />remise, release and forever quit-claim unto the said E. Stuart James Grant all
<br />that portion of Matt Street which was purported to cross the lots belonging to
<br />the said E. Stuart James Grant, and being the same lots conveyed to your
<br />petitioner as set out earlier in this petition, which said deed was recorded
<br />in the Clerk's Office of the Circuit Court of the Cit,v of Martinsville, in
<br />Deed Book 21, page 304. Your petitioner therefore requests the City Council
<br />of the City of Martinsville to consent to the closing and vacatiilg of Matt
<br />Street from a point in the East line of Lot #76 on Peirce Map, mentioned above
<br />to the East line of Beaver Street so that said portion of Matt Street will not
<br />exist, and that said lots will be as shown on the map of the property of E.
<br />Stuart James Grant prepared by H. S. Peirce and mentioned above; and your
<br />petitioner would further show unto the Coun:::il that it is the only owner of
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