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