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A RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAFT APPROPRIATE <br />DOCUMENTS TO REMOVE A DEED RESTRICTION FROM A DEED OF THE <br />CITY OF PORTSMOUTH TO AUBREY G. S?~ET AND AUBREY G. S~%~ET, JR., <br />NOW RECORDED IN DEED BOOK 376, AT PAGE 519, IN THE CLERK'S OF- <br />FICE OF THE COURT OF HUSTINGS FOR THE CITY OF PORTSMOUTH. <br /> <br /> WHEREAS, by deed dated December 1, 1961, and record- <br />ed in the Clerk's Office of the Court of Hustings for the City <br />of Portsmouth, in Deed Book 376, at page 519, a copy of which <br />is attached hereto, the City of Portsmouth did convey to Aubrey <br />G. Sweet and Aubrey G. Sweet,' Jr., certain property ~hen owned <br />by the City of Portsmouth; and <br /> <br /> WHEREAS, such deed was made pursuant to a resolutzon <br />of the Council of the City of Portsmouth adopted on September <br />i2, 1961, and contained therein the following restrictive clause. <br /> <br />Conveyance of the foregozng property is made <br />and 5ccepted upon and subject to the express <br />condition, which is a part of the considera- <br />tion inuring to the party of the first part, <br />that the said party of the first part, its <br />successors and assigns, may at its option re- <br />fund the purchase price stated herein a~d re- <br />cover possession and title to the property <br />hereby conveyed should the parties of the <br />second part, their heirs and assigns, fail to <br />commence construction of, and thereafter prompt- <br />ly complete construction of, not less than <br />twenty-five thousand (25,000) square feet of <br />roofed area useable for industrial and commer- <br />cial purposes between this da~e and not l~ter <br />than siz (6) mo~hs from the aate the City of <br />Portsmouth shat~ have acquired any additional <br />riqht of way for the widening of Glasgow Street <br />be[ween Kirn Street and the Norfolk and P~rts- <br />mouth Belt Line Railroad, or for the rerouting <br />o~ traffic from said section of Glasgow Street. <br /> <br />ney <br />for <br /> <br /> WHEREAS, the Council has been advised by the City Attor- <br />that the restrictive covenant was a part of the consideration <br />said conveyance; and <br /> <br /> WHEREAS, the Council has been advised by the City Attor~ <br />ney that it may exercise the option set forth in sa~d restrictive <br />covenant; and <br /> <br /> <br />