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56 <br /> <br />A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF A TEMPORARY <br />EASEMENT FOR CONSTRUCTION UPON PROPERTY OWNED BY THOMAS W. <br />CAPPS, ESTATE UNDER EMINENT DOMAIN PROCEEDINGS PURSUANT TO THE <br />CHARTER OF THE CITY OF PORTSMOUTH, VIRGINIA, SAID EASEMENTS <br />BEING NECESSARY FOR THE CONSTRUCTION OF A WATER TRANSMISSION <br />LINE. <br /> <br /> _WHEREAS, by a resolution adopted'on April 28, 1992, the <br />Council of the City of Portsmouth determined that there is a <br />public necessity that a new water transmission line be <br />constructed from its water plant in the City of Suffolk to the <br />City!of PortsmoUth; and <br /> <br /> WHEREAS, such construction makes necessary the acquisition <br />of permanent and temporary construction easements upon property <br />located outside its boundaries in the City of Suffolk, Virginia; <br />and <br /> <br /> WHEREAS, the City has not been able to purchase the <br />easement described herein necessary to the project, because the <br />owner of the property to be affected by said easement and the <br />City have not been able to agree upon the price to be paid <br />therefore; and <br /> <br /> WHEREAS, the advancement of the work and the use of said <br />property will be unreasonably delayed if said easement is not <br />made available for the project as soon as possible. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City <br />of Portsmouth, Virginia: <br /> <br /> That the City Attorney be, and he hereby is, authorized and <br />directed to have instituted eminent domain proceedings against <br />the hereinafter-described property situate in the City of <br />Suffolk, Virginia, for the purpose of acquiring a temporary <br />construction easement for construction of a water transmission <br />line pursuant to Sections 2.06, 2.07, and 2.08 of the Charter of <br />the City of Portsmouth, Virginia, as amended, and to deposit to <br />the credit of the Clerk of the Circuit Court of the City of <br />Suffolk, Virginia, as provided by law, the sum hereinafter <br />specified to compensate the owner of the property designated and <br />shown on that certain plat entitled "Plat Showing Utility <br />Easement To Be Acquired From Thomas W. Capps, Estate By The City <br />Of Portsmouth, Virginia, Sleepy Hole Borough Suffolk, <br />Virginia" dated January 15, 1992, prepared by Rouse-Sirine <br />Associates, LTD., Surveyors, Engineers, Planners, a copy of <br />which said plat is attached hereto and made a part hereof. <br /> <br />The names of the property owner is Thomas W. Capps, Estate. <br /> <br /> <br />