Minutes 08/09/1994 - Laserfiche WebLink

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· . 3,23 TUESDAY, AUGUST 9, 1994 side of Crestwood Court. It was noted that approval of the abandonment is subject to the adjacent property owners paying the City 1/2 of the assessed valuation of the property, to filing of the appropriate maps with the Director of Housing and Community Development, and to payment of all recording and legal fees associated with the abandonment. Upon motion, duly seconded and by unanimous vote, Council adopted the following Ordinance: WHEREAS, there is of record in the Clerk's Office of the Circuit Court of the City of Martinsville in Map Book 11 at page 40 a plat of the subdivision of Wray Estates, property of Three T Investments Corporation, which plat was recorded in said Clerk's Office on June 17, 1969, and, WHEREAS, there is shown on said plat a 20 foot path bounded on its east side by Lots 41 and 42 of said subdivision, on the west by Lot 43, on the north by Crestwood Court, and on the south by a public park area, the purpose of said path being to provide access to said public park area, and, WHEREAS, the recordation of said plat operated to transfer in fee simple to the City of Martinsville title to said 20 foot path by reason of the provisions of Sec. 15.1-478 of the 1950 Code of Virginia, as amended, and, WHEREAS, various persons have been using said path for access to an overgrown portion of said public park area for the purpose of committing mischief thereon, and there is adequate access to said park area by means of a paved entrance from Cardinal Lane to said park area, and, WHEREAS, Sec. 15.1-482 of said Code provides that a recorded subdivision plat or part thereof may be vacated by ordinance of the governing body of the municipality in which the land shown on said plat or part thereof to be vacated lies, and that if no appeal from the adoption of the ordinance is filed within 30 days that a certified copy of the ordinance of vacation may be recorded in said Clerk's Office and that Sec. 15.1-483 of said Code provides that the recordation of the certified copy of said ordinance shall operate to vest fee simple title to the centerline of any ways for public passage so vacated in the owners of lots abutting on same, and, WHEREAS, the Council of the City of Martinsville, Virginia desires to vest fee simple title in said abutting owners so that they may close same to the public, and WHEREAS, said abutting owners have agreed to pay reasonable compensation for said land to said City, and that notice as required by Sec. 15.1-431 of said Code has been given, NOW THEREFORE, BE IT ORDAINED by the Council of the City of