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To close to public use and travel a 2.67 foot by 109.83 foot strip of right-of-way along the north line of North Dock Street between South 17th and south 18th Streets, as shown hatched on a plan prepared by the Department of Public Works designated as DPW Drawing No. N-22582, dated March 25, 1994, entitled: "Proposed Closing of Public Right Of Way Along the North Line of N. Dock Street Between S. 17TH and s. 18TH Streets", upon certain terms and conditions.
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THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That a 2.67 foot by 109.83 foot strip of right-of-way along the north line of North Dock Street between South 17th and South 18th Streets be and is hereby closed to public use and travel and abandoned as a public right-of-way of the City of Richmond, as shown hatched on a plan prepared by the Department of Public Works designated as DPW Drawing No. N-22582, dated March 25, 1994, entitled: "Proposed Closing of Public Right Of Way Along the North Line of N. Dock Street Between s. 17TH and s. 18TH streets", a copy of which is attached to the draft of this ordinance, such portion of said street being no longer needed for the public convenience. § 2. This ordinance, as to the closing of the public right- of-way above-identified, shall be in force as provided in Section 4. 09 of the Charter of the City of Richmond and shall become effective when, within twelve months from the day this ordinance is in force (a) consent to the closing is obtained in writing from each of the owners of land, buildings or structures from whom consent is required under Section 25-132 of the Code of the City of Richmond, 1993, which consents shall be in writing, approved as to form by the city Attorney, and filed in the office of the city Clerk; (b) the applicant makes arrangements satisfactory to public utility or public service corporations whose properties or facilities are in said public right-of-way for either the removal, relocation or abandonment thereof or for the construction, reconstruction, maintenance and repair thereof, evidence of which shall be in writing, approved as to form by the city Attorney, and filed in the office of the City Clerk; (c) applicant bears all cost involved, including, but not limited to, realignment of utilities, installment of new utilities, new or revised street name signs, etc. as directed by City agencies, and agrees in writing with the City that for itself, its successors and assigns, it will indemnify, reimburse, keep and hold the City free and harmless from liability on account of injury or damage to persons, firms or corporations or property which may result directly or indirectly from the closing of the public right-of-way to public use and travel by this ordinance and the construction or interference with the flow or overflow of surface or subsurface water resulting directly or indirectly therefrom; and in the event that any suit or proceeding is brought against the City at law or in equity, either independently or jointly with the owner or owners of all the property abutting the aforesaid public right-of-way, or any of them, on account thereof, to defend the City in any such suit or proceeding at its costs; and in the event of a final judgment or decree being obtained against the City, either independently or jointly with the property owner or owners granting consent for the aforesaid public right-of-way to be closed to public use and travel, or any of them, to pay such judgment or comply with such decree including payment of all costs and expenses of whatsoever nature and hold the City harmless therefrom. § 3. Margaret Freund shall be responsible, as approved by the Director of Public Works, for constructing, reconstructing, extending curbing, placing gutters and sidewalks across the termini of the proposed public right-of-way to be closed where it intersects the city right-of-way so as to give the appearance that the closed public right-of-way is not owned or maintained by the City. § 4. Margaret Freund, as applicant, shall be responsible for satisfying all terms and conditions requisite for the closing of the public right-of-way and shall provide the Department of Community Development, Division of Permits and Services, the Law Department, and the City Clerk's office with written evidence that all conditions of this ordinance have been satisfied. § 5. At such time as this ordinance becomes effective the city shall have no further right, title and interest in said public right-of-way other than expressly retained or granted to satisfy terms and conditions set out in this ordinance.