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23 <br /> <br />A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF AN EASEMENT <br />UPON PROPERTY OWNED BY ELWOOD L. BOYCE, JR., UNDER EMINENT <br />DOMAIN PROCEEDINGS PURSUANT TO THE CHARTER OF THE CITY OF <br />PORTSMOUTH, SAID PROPERTY BEING NECESSARY FOR~THE CONSTRUCTION <br />OF DRAINAGE EASEMENTS IN THE BRIGHTON/SOUTH PORTSMOUTH AREA. <br /> <br /> WHEREAS, the Council of the City of Portsmouth has <br />determined it to be in the public interest to construct a <br />drainage easement in the Brighton/South Portsmouth area; and <br /> <br /> WHEREAS, the City has not been able to purchase the <br />easement described herein, necessary to the project, because <br />the owners thereof and the City have not been able to agree <br />upon the price to be paid therefor; and <br /> <br /> WHEREAS, the advancement of the work and the use of said <br />property will be unreasonably delayed if said property is not <br />ma~e 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, directed to <br />institute eminent domain proceedings against the <br />hereinafter-described property situate in the City of <br />Portsmouth, Virginia, for the purpose of acquiring an easement <br />thereon pursuant to Section 2.06, 2.07 and 2.08 of the Charter <br />of the City of Portsmouth, Virginia, as amended, and to <br />deposit to the credit of the Clerk of the Circuit Court of the <br />City of Por. tsmouth as provided by law the sum hereinafter <br />specified to compensate the owners of the property designated <br />and shown as Elwood L. Boyce, Jr. (D.B. 396, Pg. 130) 3,570 <br />square feet or 0.08 acre in a certain plat entitled "Plat <br />Showing Easement TO Be Acquired From Elwood L. Boyce, Jr., <br />Portsmouth, Virginia" February 22, 1990 Miller-Stephenson and <br />Associates, P.C., Engineers, Surveyors and Planners, a copy of <br />which plat is attached hereto and made a part hereof. <br /> <br />The name of the property owner is Elwood L. Boyce, Jr.. <br /> <br /> The amount to be deposited to the credit of the Clerk of <br />the Circuit Court of the City of Portsmouth is $1,785.00. <br /> <br /> Adopted by the Council of the City of Portsmouth, <br />Virginia, at a meeting held April 24, 1990. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />