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R-02-12 <br /> <br />A RESOLUTION DECLARING THE PUBLIC NECESSITY FOR ENLARGEMENT OF <br />THE CHILDREN'S MUSEUM OF VIRGINIA AND AUTHORIZING THE CITY <br />ATTORNEY TO ACQUIRE BY EMINENT DOMAIN PROCEEDINGS THE <br />PROPERTY NECESSARY FOR THE ENLARGEMENT OF THE CHILDREN'S <br />MUSEUM OF VIRGINIA, AND TO LEASE THE PROPERTY ON AN INTERIM BASIS. <br /> <br /> WHEREAS, the Council of the City of Portsmouth, Virginia (the "Council") has <br />determined, and by this Resolution declares that it is in the public interest and that it is a public <br />necessity to enlarge the Children's Museum of Virginia; and <br /> <br /> WHEREAS, the Council has determined that the property located at the northeast corner <br />of the Children's Museum of Virginia is the only property which provides the necessary area <br />needed for such expansion; and <br /> <br /> WHEREAS, architectural plans and funding for incorporating this property into the <br />Children's Museum of Virginia will not be finalized for some time, possibly several years into <br />the future, and there are certain rental tenants now occupying portions of the subject property, or <br />proposed for other portions of the subject property; and in the absence of special authority those <br />leases would be legally terminated by the City's acquisition of the subject property through <br />eminent domain, and it may be in the public interest for some or all of those leases to continue; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council: <br /> <br />1. That there is a public necessity for expanding the Children's Museum of Virginia, in order <br />to provide recreation, entertainment and instruction for the children of the City and others who <br />would use such facifities. <br /> <br />2. That such necessity requires that the City acquire by such means as may be necessary that <br />property as hereafter described for the public purpose and public use as a facility providing <br />recreation and instruction for its citizens and specifically for its children. <br /> <br />3. That the advancement of the work and use of the property cannot proceed until it has been <br />acquired, and the use of the property will be unreasonably delayed if the property is not made <br />available as soon as possible. <br /> <br />4. That in the event that the City is unable to acquire said property through negotiation and <br />purchase, that the City Attorney be, and he hereby is, directed to institute eminent domain <br />proceedings or cause such proceedings to be instituted against the hereinafter described property <br />situate in the City of Portsmouth, Virginia, for the purpose of acquiring fee simple title thereto <br />pursuant to the laws of the Commonwealth of Virginia and Sections 2.06, 2.07 and 2.08 of the <br />Charter of the City of Portsmouth, as amended, said property being designated as: <br /> <br /> All that certain lot, piece or parcel of land, with the appurtenances thereunto <br /> belonging, situate, lying and being in the City of Portsmouth, Virginia, more <br /> particularly bounded and described as follows, to-wit: Beginning at a point <br /> marked by a new cross at the Southeast intersection of High Street and Middle <br /> <br /> <br />