Laserfiche WebLink
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO <br />RECORD ORDINANCE NO. 1994-107, AND WAIVING THE OPTION OF THE <br />CITY COUNCIL TO DECLARE SAID ORDINANCE NULL AND VOID, AND <br />AUTHORIZING THE CITY MANAGER TO VACATE AND RELEASE THE WHOLE, <br />OR A PORTION, OF A DRAINAGE EASEMENT WHICH MEANDERS THROUGH <br />PORTCENTRE COMMERCE PARK. <br /> <br /> WHEREAS, the Council of the City of Portsmouth, Virginia, <br />adopted Ordinance No. 1994-107 at its meeting held on November <br />22, 1994; and <br /> <br /> WHEREAS, said ordinance provides for the closure of <br />portions of streets known as Third Street, Ruth Brown Avenue, <br />Henry Street, Randolph Street, a lane or alley parallel to <br />First Street, a lane parallel to Ruth Brown Avenue and a <br />portion of Wavy Street; and <br /> <br /> WHEREAS, the vacating and closure of said streets as <br />provided for in said ordinance was conditioned upon the <br />commencement of development of a proposed business on land <br />adjoining said streets, and further provided that failure to <br />commence said development within sixty (60) days would, at the <br />option of City Council, render the vacation closure therein <br />null and void; and <br /> <br /> WHEREAS, the Council of the City of Portsmouth has <br />determined that the commencement of development of the proposed <br />business in said area has begun; and <br /> <br /> 'WHEREAS, by deed dated June 1, 1884 and duly recorded in <br />the Clerk's Office of the Circuit Court of the City of <br />Portsmouth, Virginia, in Deed Book 18, at page 513, M.E. <br />Minter, and others, dedicated a drainage easement to the City <br />of Portsmouth, which said easement meanders in a northeasterly <br />direction from the the north east corner of Fayette and Fourth <br />Street, now known as PortCentre Parkway, to an area just north <br />and west of Wythe and First Streets; and <br /> <br /> WHEREAS, said easement being an arm of the former Gander <br />Creek, has since been filled and abandoned by the City; and <br /> <br /> WHEREAS, said easement meanders through that area of <br />PortCentre Commerce Park, which has been set aside and <br />designated as an area for potential commercial development, <br />must be vacated and released to provide good title to said <br />lands. <br /> <br />and <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City <br />of Portsmouth, Virginia, that the City Attorney be, and he <br />hereby is directed to record among the land records of the <br />Clerk's Office of the Circuit Court of the City of Portsmouth <br />Ordinance No. 1994-107, and by so doing, the Council of the <br /> <br /> <br />