|
<br />R-07-20
<br />
<br />A RESOLUTION, ADOPTED AFTER PUBLIC HEARING CONDUCTED PURSUANT
<br />TO SECTION 15.2-1903(B) OF THE CODE OF VIRGINIA, AUTHORIZING THE
<br />ACQUISITION OF REAL PROPERTY WITH THE STREET ADDRESS OF 1128
<br />HARRELL STREET, PORTSMOUTH, VIRGINIA, COMMONLY KNOWN AS THE
<br />"CRAB SHACK," PLUS ADJACENT PROPERTIES OWNED BY THE PARK VIEW
<br />HOME COMPANY, FOR A PUBLIC PARK TO PROVIDE PUBLIC WATERFRONT
<br />ACCESS, AND AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN
<br />FOR THIS PURPOSE, IF NECESSARY.
<br />
<br />WHEREAS, there is a public necessity for a public park with waterfront access to serve
<br />the Park View, West Park View, and Shea Terrace neighborhoods, as well as all other city
<br />neighborhoods; and
<br />
<br />WHEREAS, the need for this park is consistent with and substantiated by the parks and
<br />open space guidelines of the Commonwealth of Virginia, as set forth in the Virginia Outdoor
<br />Plan (2002) of the Virginia Department of Conservation and Recreation and also similar
<br />guidelines of the National Recreation and Parks Association; and
<br />
<br />WHEREAS, the need for additional public, non-commercial waterfront access is
<br />documented in the City of Portsmouth Comprehensive Plan, as duly adopted by Portsmouth City
<br />Council, the 1995 City of Portsmouth Waterfront Access Study, the Chesapeake Bay Area Public
<br />Access Plan and the Waters of Southeastern Virginia Plan of the Hampton Roads Planning
<br />District Commission, and the Virginia Outdoor Plan, Hampton Roads Regional Section, duly
<br />adopted by the Commonwealth of Virginia; and
<br />
<br />WHEREAS, there is property with the street address of 1128 Harrell Street, Portsmouth,
<br />Virginia, commonly known as the "Crab Shack," consisting of approximately .62 acres, more or
<br />less, being the same property conveyed to John T. Johnson and Rhonda R. Johnson, husband and
<br />wife, by deed dated February 27,1995 and recorded March 16, 1995 at Deed Book 1112, page
<br />1593 in the Clerk's Office of Portsmouth Circuit Court; and
<br />
<br />WHEREAS, the underlying fee in the adjoining Elm Avenue, Harrell Street, and
<br />Webster A venue vested in Park View Home Company by reservation set forth in Deed Book 41,
<br />page 371, as duly recorded in said Clerk's Office; and
<br />
<br />WHEREAS, the aforementioned properties (hereafter referred to collectively as the
<br />"Property") are appropriate to serve as a public park and to provide the needed public, non-
<br />commercial waterfront access;
<br />
<br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth,
<br />Virginia, that:
<br />
<br />I. The City of Portsmouth hereby finds and determines that there is a public
<br />necessity to acquire the Property so that it may be used by the citizens of Portsmouth as a public
<br />park providing public, non-commercial waterfront access.
<br />
|