The City of Point Pleasant, Mason County, West Virginia, being of the opinion that the hereinafter described alleys or streets serve no private property as a means of ingress or egress, are not used as a public way or for public purposes, and the rights and interests of no person will be violated or impaired by the vacation or abandonment, has therefore determined it to be in the best interests of the public good and welfare to, and does hereby, vacate and abandon the following alleys or streets:
(a) That certain alley in the City of Point Pleasant, West Virginia, beginning at Poplar Street and running parallel to the Baltimore & Ohio Railroad tracks along the easterly side of lots fronting on Madison Avenue, the beginning of such alley is more particularly shown on a plat entitled "Plat of survey situate on Poplar Street, the Hamilton-Powell Purchase, City of Point Pleasant, Lewis District, Mason County, West Virginia containing 1.139 acres (6050.6 sq. ft.) more or less," and which property to be abandoned is a ten foot wide alley more particularly bounded and described as follows:
BEING a ten foot wide alley beginning at its intersection with Poplar Street; thence running in a northeasterly direction and parallel with the Baltimore & Ohio Railroad tracks along the easterly side of a lot designated as Parcel 71 on Point Pleasant Tax Map 9, situate on the corner of Poplar Street and Madison Avenue, and now or formerly owned by Ronnie Lively and Elaine Lively (DB 371, Pg. 77); thence continuing in a northeasterly direction and running parallel with the Baltimore & Ohio Railroad tracks along the easterly side of parcels fronting on Madison Avenue designated as parcels 72, 72.1, 73, 74, 75, 76, 77, 78, 79, 80, and 81 on Point Pleasant Tax Map 9, and ending at the south lot line of Parcel 58 on said Point Pleasant Tax Map 9.
(b) That portion of 14th Street that is or was servient to, or occupied by, the right of way and/or easement possessed by the Baltimore & Ohio Railroad and upon which were situate railroad tracks. This portion of 14th Street is being abandoned incident to the decision of the Common Council of the City of Point Pleasant to permit said Railroad company to forego maintenance, and thereby close, the railroad crossing that comprises part of 14th Street. It is the express intention of said Council that 14th Street shall remain a public street in all other aspects, but shall be abandoned at the juncture of the street and the right of way and easement of said railroad.
(c) That portion of Court Street beginning at the intersection of said Court Street and the Easterly lane of 7th Street, and extending in a Southerly direction a distance of approximately 203.5 feet to a point, said point being twelve feet North of where the lands of Stephen C. Littlepage intersect with said Court Street. The said Court Street being an alley located between, and running parallel to, Viand Street and Main Street and being situate to the immediate West of the Trinity United Methodist Church building. The Council is aware of the fact that the said Trinity United Methodist Church shall make appropriate accommodations to permit the public access to the rear of the properties fronting on Sixth Street. Thus, Council has determined that adequate provision has been made to ensure the public's continued access to areas previously accessible by the portion of said Court Street that is abandoned hereby.
(d) That portion of Marietta Street that begins at its intersection with Monroe Avenue and extending in a northerly direction to its intersection with Madison Avenue. The Council notes that this portion of said Marietta Street does appear upon one or more maps of the City of Point Pleasant, yet it does not appear that the above-described portion of said street has ever been developed or maintained by the City of Point Pleasant, nor does it appear that the same has ever been used as a street by the citizens of said City.
(e) North Street in its entirety. The Council notes that said North Street does appear upon one or more maps of the City of Point Pleasant, yet it does not appear that said street has ever been developed or maintained by the City of Point Pleasant, nor does it appear that the same has ever been used as a street by the citizens of said City. Further, the Council was provided a Petition, signed by all current owners of real estate situate between North Street and Jefferson Boulevard, requesting the abandonment of the entirety of North Street.
(f) That portion of Washington Avenue situate upon, over, and/or across those certain parcels of real estate identified as Tax Map No. 262, Parcels 30 and 31. The Council notes that said Washington Avenue does appear upon one or more maps of the City of Point Pleasant, yet it does not appear that said street has ever been developed or maintained by the City of Point Pleasant, nor does it appear that the same has ever been used as a street by the citizens of said City. Further, said portion of Washington Avenue provides access only to the parcels of real estate identified as Tax Map No. 262, Parcels 30 and 31, and the current record owner(s) of both said parcels have requested abandonment of the same.
(Ord. 2-13-17)