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Fehrn~:rv 77, lq7.~
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<br /> BEGINNING at a point in th.e north line of West Norfolk Road .(formerly Virginia
<br /> A~ue)}~said point being 153.55 feet northwest of the northwest corner of the
<br /> in~e~section of West Norfolk Road and Chemical Way (formerly Jefferson Street);
<br /> runs thence in a northeasterly direction in a line parallel with the north line
<br /> of Chemical Way 197.87 feet to a point; runs thence in a northwesterly
<br /> direction in a line paraltet with the west line of Progress Avenue (formerly
<br /> Third Avenue) 20 feet to a point; runs thence in a southwesterly direction
<br /> in a line parallel with the north line of Chemical Way 217.55 feet to a point
<br /> in the north line of West Norfolk Road; runs thence in a southeasterly
<br /> direction along the north line of West Norfolk Road 27.92 feet to a point;
<br /> the POINT ~hND PLACB OF BEGINNING.® " ....
<br /> "RESOLUTION APPOINTING VIEWERS FOR CLosiNG A~PORTION OP LouIsA TERRAC~
<br /> (FORMERLY HIGH STREET) BETWEEN WESTERN BRANCH BOULEVARD AND KING STREET.
<br /> W~EREAS, Smith Brothers, Inc. has made application ~o vacate and close the hereinafter
<br />described portion of a certain street and it appearing that notice of the application
<br />and request for the appointment of viewers was duly posted on February 8, 1975, on
<br />the butletin board of the Court of Hustings for the City of Portsmouth, on the bulletin
<br />board of the Circuit Court of the City of Portsmouth, and on the bulletin board of the
<br />Municipal Court, Civil Division, of the City of Portsmouth.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia,
<br />that Frank N. Bilisoly, Louis J. Leitner, L. A. Clark, Zalmon I. Blachman and R. Irvine
<br />Smith, be appointed viewers to view the hereinafter described portion of such street
<br />report to this Council in writing whether in their opinion, any, and if any, what inconvenie:
<br />would result from vacating and closing the following:
<br />
<br /> All that certain parcel or tract of land, located in the City of Portsmouth,
<br />· ~ginia, being triangular in shape and being sho~m on a plat of Livingston
<br />Land Company, recorded in Map Book S, page 45, in the Clerk's Office
<br />of the Circuit Court of the City of Chesapeake, and on said plat being bounded
<br />on the north and west by the then Atlantic Coastline Railway, now the Seaboard
<br />Coastline Railway; on the north and east by a line designated North 40~ ~est;
<br />and on the south by all'or portions of lots 9, 11, 15, 15, 17, 19 and 21,
<br />in Block 135 of the Plat of Livingston Land Company, and designated therein
<br />as a portion of High Street, which said portion of High Street was at a
<br />later time renamed Louisa Terrace, and which said parcel of land is at the
<br />present time, bounded as follows:
<br />
<br /> On the north and west by the rightofway of the Seaboard Coastline Railroad
<br />Mompany; on the north and east by the lands of Smith Brothers, Incorporated,
<br />and on the south by the lands of Doctor's Court, Inc., Dr. Neal P. Davis,
<br />Dr. William S. Debnam and William C. Osborne and Madeline E. Osborne."
<br />
<br /> Ayes: Early, Holley, Johnson, King, Wentz, Barnes
<br /> Nays: None
<br /> Abstainimg~ Smith
<br />
<br /> 73-72 - "I submit the attached resolution and recommend its adoption. This authorizes
<br />the City Manager to execute a deed of release of a reserved easement within Race Street.
<br />
<br /> A portion of Race Street located adjacent to Scott Street has been closed upon the
<br />application of Construction Associates, Inc. With the closing, the City reserved an easemen:
<br />for public utilities located within this portion of the closed street. Construction Associa;es
<br />proposes to relocate these utilities within the right-of-way of Scott Street. This is
<br />to be done at their expense. Upon completion of the relocation of the utilities, Construction
<br />Associates desires that the easement be released in order that it can enter into a lease
<br />agreement with a prospective bank tenant that would be located within the closed portion
<br />of Race Street. This resolution authorizes the City Manager to execute this release when
<br />the utilities have been relocated to the satisfaction of the City."
<br />
<br /> On motion of Mr. King and seconded by Mr. Smith, the following resolution was adopted,
<br />and by the following vote:
<br />
<br /> "A RESOLUTION AUTHORIZING TIlE CITY MANAGER TO EXECUTE A DEED OF RELEASE OF
<br /> A CERTAIN EASEMENT HERETOFORE RETAINED IN A PORTION OF RACE STREET PRE-
<br /> VIOUSLY CLOSED.
<br />
<br /> h~EREAS, by ordinance enacted and adopted by the Council of the City of Portsmouth,
<br />Virginia, on June 27, 1972, a portion of Race Street was closed permitting the redesign
<br />and modification of the traffic flow into the southern portion of Midcity Shopping Center;
<br />and
<br />
<br /> WHEREAS,'in the ordinance so enacted closing the aforesaid street, the City of Portsmou ,
<br />Virginia, reserved unto itself a perpetual easement, right and privilege to install, main-
<br />tain, operate and replace gas mains, sewer mains, sewer drains, sanitary sewers, storm
<br />drains, water mains and laterals, and electric power lines within, over, under and across
<br />a portion of said Race Street as closed; and
<br />
<br /> WHEREAS, as a part of the development and redesign of the traffic flow in the said
<br />shopping center, Construction Associtates, Incorporated, the owner of said shopping center,
<br />has covenanted and agreed to relocate existing utility lines presently located within
<br />the closed portion of Race Street at its sole expense; and
<br />
<br />
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