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Subdivision Ordinance
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Last modified
4/19/2006 3:23:59 PM
Creation date
5/12/2000 2:51:45 PM
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City Code
Section
Subdivision Ordinanc
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<br />6-11 <br /> <br />MARTINSVILLE CODE <br /> <br />6-11. Revisions. <br /> <br />No change, erasure or revision shall be made on any preliminary or final plat, nor on any <br />accompanying data sheet after approval of the agent has been endorsed in writing on the plat <br />or sheets, unless authorization for such change has been granted in writing by the agent. <br /> <br />SECTION 7. VACATION OF PLAT AFTER SALE OF LOT <br /> <br />7-1. Vacation. <br /> <br />In cases where any lot has been sold, the plat or part thereof may be vacated according to <br />either of the following methods: <br /> <br />A. By instrument in writing agreeing to said vacation signed by all the owners of lots <br />shown on said plat and also signed on behalf of the council of the city, for the purpose <br />of showing the approval of said vacation by the council. The word "owners" shall not <br />include lien creditors except those whose debts are secured by a recorded deed oftrust <br />or mortgage and shall not include any consort of an owner. The instrument of vacation <br />shall be acknowledged in the manner of a deed and filed for recording in the clerk's <br />office of the circuit court for the City of Martinsville, Virginia. <br /> <br />B. By ordinance of the council of the city on motion of one of its members or upon <br />application of any interested person. Such ordinance shall not be adopted until after <br />notice has been given as required by Code of Virginia (1950) ~ 15.2-2204, as amended. <br />Said notice shall clearly describe the plat or portion thereof to be vacated and state the <br />time and place of the plat or portion thereof to be vacated and state the time and place <br />of the meeting of the city council at which the adoption of the ordinance will be voted <br />upon. Any person may appear at said meeting for the purpose of objecting to the <br />adoption of the ordinance. An appeal from the adoption of this ordinance may be filed <br />within thirty (30) days in the circuit court for the City of Martinsville, Virginia. Upon <br />such appeal the court may nullify the ordinance if it finds that the owner of any lot <br />shown on the plat will be irreparable damaged. If no appeal to the adoption of the <br />ordinance is filed within the time above provided or if the ordinance is upheld on <br />appeal, a certified copy of the ordinance of vacation may be recorded in the clerk's office <br />of the circuit court of the City of Martinsville. <br /> <br />The recordation of the instrument as provided under subsection A or of the ordinance as <br />provided under subsection B shall operate to destroy the force and effect of the recording of the <br />plat or part thereof so vacated, and to vest fee simple title to the center line of any streets, <br />alleys, or easements for public passage so vacated in the owners of abutting lots free and clear <br />of any rights of the public or other owners of lots shown on the plat, but subject to the rights <br />of the owners of any public utility installation which have been previously erected therein. If <br />any such street, alley or easement for public passage is located on the periphery of the plat, <br />such title for the entire width hereof shall best in such abutting lot owners. The fee simple title <br /> <br />Supp. No. 61 <br /> <br />1748 <br />
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