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R-01-47 A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF A PARCEL OF PROPERTY OWNED BY WAYNE E. SMILEY PURSUANT TO ThE CHARTER OF THE CITY OF PORTSMOUTH, VIRGINIA, SAID PROPERTY BEING NECESSARY FOR THE CONSTRUCTION OF THE PROPOSED IMPROVEMENTS TO LEE AVENUE AND VIRGINIA AVENUE. WHEREAS, by a resolution adopted on June 25, 1991, the Council of the City of Portsmouth determined that there is a public necessity for improvements to Lee Avenue and Virginia to be constructed in the City of Portsmouth; and WHEREAS, the project necessitates that the City acquire a 55 foot radius at the southwest intersection of Lee Avenue and Cleveland Street; and WHEREAS, the advancement of the work and the use of said property will be unreasonably delayed if said property is not made available for the project as soon as possible. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: THAT the City Attorney be, and he hereby is, authorized to acquire the hereafter described property by negotiation and purchase if possible, and if not possible, is authorized and directed to institute eminent domain proceedings against the hereinafter- described property situate in the City of Portsmouth, Virginia, for the purpose of improvements to Lee Avenue pursuant to Sections 2.06, 2.07 and 2.08 of the Charter of the City of Portsmouth, Virginia, as amended, and to deposit to the credit of the Clerk of the Circuit Court of the City of Portsmouth, Virginia, as provided by law, the sum hereinafter specified to compensate the owner of the property designated and shown on that certain plat as follows: The fee simple interest in all that certain piece or parcel of land, and the appurtenances thereunto belonging, lying, situate and being in the City of Portsmouth, Virginia, and being shown and designated as PROPOSED R/W Area = 648.30 sq.ft, or 0.0148 ac. on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED BY CITY OF PORTSMOUTH FOR RIGHT OF WAY PURPOSES, PORTSMOUTH, VIRGINIA", dated April 3, 2001, prepared by Horton & Dodd, P.C., Surveyors, Engineers & Planners, said plat being attached hereto and simultaneously recorded herewith, and to which reference is made for a more particular description. The amount to be deposited to the credit of the Clerk of the Circuit Court of the City of Portsmouth for said parcel is $2,250.00.