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R-00-04 <br /> <br />A RESOLUTION AUTHOrIZiNG THE CITY MANAGER TO EXECUTE A DEED OR <br />DEEDS OF EASEMENT TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT <br />OF TRANSPORTATION, FOR CERTAIN RIGHTS IN CONNECTION WITH THE <br />DOWNTOWN TUNNEL. <br /> <br /> WHEREAS, the Commonwealth of Virginia, acting through the Virginia Department of <br />Transportation ("VDOT'), has constructed an eastbound tube for the Downtown Tunnel; and <br /> <br /> WHEREAS, a portion of this tube lies within property owned by the City of Portsmouth <br />(the "City"); and <br /> <br /> WHEREAS, VDOT inadvertently did not acquire a proper and complete easement from <br />the City to permit the consmaction and continued operation and maintenance of this tube on City <br />property; and <br /> <br /> WHEREAS, in the process of constructing drainage facilities for the Downtown Tunnel, <br />VDOT inadvertently consumcted some facilities outside an easement which it had acquired for <br />this purpose from the City, and those facilities remain on City property; and <br /> <br /> WHEREAS, the City and VDOT desire amicably to correct these inadvertent omissions, <br />and both parties desire to remove any possible cloud on title from VDOT's continued <br />maintenance and operation of the Downtown Tunnel and related facilities; and <br /> <br /> WHEREAS, the City desires to construct a Performing Arts Center (the "Project") <br />partially over land occupied by the Downtown Tunnel and owned or controlled through easement <br />by VDOT, and VDOT will require satisfactory assurances from the City that the construction and <br />operation of the Project will not in anyway jeopardize or interfere with the safe and convenient <br />continued operation of the Downtown Tunnel, and the City is willing to provide those <br />assurances; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED that the City Manager be, and he hereby is, <br />authorized to execute and deliver a deed or deeds of easement conveying to the Commonwealth <br />of Virginia, under such terms and conditions as he shall deem appropriate and in the best interest <br />of the City of Portsmouth: <br /> <br />(A) An easement for an area of approximately 11,100 square feet for the eastbound tube <br />of the Downtown Tunnel, which easement will be further defined and described for said <br />deed or deeds; <br /> <br />(B) An easement for drainage of approximately 2,005 square feet in the area lying <br />between the eastbound and westbound tubes of the Downtown Tunnel, which easement <br />will be further defined and described for said deed or deeds; and <br /> <br />(C) An easement or an agreement granting to VDOT such rights as may be needed by <br />VDOT to ensure that the construction and operation of the Project will not jeopardize or <br /> <br /> <br />