Sentembew 26. 1972
<br />
<br />"A RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAFT APPROPRIATE DOCUMENTS
<br />TO REMOVE A DEED RESTRICTION FROM A DEED OF THE CITY OF PORTSMOUTH TO
<br />IRVIN CAPLAN AND FLORENCE CAPLAN NOW RECORDED IN DEED BOOK 560, AT PAGE
<br />171, IN THE CLERK'S OFFICE OF THE COURT OF HUSTINGS FOR THE CITY OF PORTS-
<br />MOUTH.
<br />
<br /> W~EREAS, by deed dated February 25, 1970, and recorded in the Clerk's Office of
<br />the Court of Hustings for the City of Portsmouth, in Deed Book S60, at page 171, a copy
<br />of which is attached hereto, the City of Portsmouth did convey to Irvin Caplan and Florence
<br />Caplan, certain property then oWned by the City of Portsmouth; and
<br />
<br /> WHEREAS, such deed was made pursuant to a resolution of the Council of the City of
<br />Portsmouth adopted on January 2?, 1970, and contained therein the following restrictive
<br />clause.
<br />
<br />Conveyance is made subject to the following restriction ~nd covenant:
<br />
<br /> 1. The grantees shall erect upon the land hereby conveyed improvements with a fair
<br />market value of at least Fifteen Thousand ($15,0OO.00) Dollars within eighteen (18) months
<br />of the date hereof.
<br />
<br /> WHEREAS, the Council has been advised by the City Attorney that the restrictive covenan
<br />was a part of the consideration for S~id conveyance; and
<br />
<br /> WHEREAS, the Council has been advised that such restrictive covenant has prevented
<br />the sale and development of said lands; and
<br /> WHEREAS, it has been requested by Irvin CaPlan and Florence Caplan that said restricting
<br />covenant be removed from said deed in return for an appropriate bOnd guaranteeing the future
<br />development of said lands.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the'City of Portsmouth, Virginia,
<br />that the City Attorney be, and he hereby is, directed to draft the appropriate documents
<br />to remove said clause and consideration from the aforementioned deed and to require in retur:
<br />therefor an appropriate bond guaranteeing the future development of said lands."
<br />
<br />Ayes: Early, RohAsOg,.~Kingg:~$mlth, Wentz, Barne~
<br />Nays: Holley
<br />
<br /> 72-402 - "I submit the attached proposal from Baldwin and Gregg to design the sewer
<br />force main on Cedar Lane, River Shore Road and Swannanoa Drive. In view of Baldwin and
<br />Gregg's prior work on this project for the developer, credit for which has b~en considered
<br />in their proposal, and their familiarity with projects to contribute flow to the facility,
<br />I recommend award of the engineering contract to Baldwin and Gregg. They propose to do
<br />this work for a lump sum fee of $4,500.
<br />
<br /> The force main will be purchased by Hampton Roads Sanitation District when justified
<br />by revenues. The cost of engineering, design and construction supervision will be included
<br />in this purchase price when sold t° H.R.S.D.
<br />
<br /> To the extent of revenues Collected by H.R.S,D. from services more than one mile from
<br />the interceptor, the Commission will pay the City 70% of revenues collected until the inter~
<br />ceptor is purchased. A copy of the H.R.S.D. proposed agreement is also attached."
<br />
<br /> On motion of Mr. Smith and seconded byMr. Johnson, the contract to be awarded to
<br />Baldwin and Gregg, was adopted by the following vote:
<br />
<br /> Ayes: Early, Holley, Johnson, King, Smith, Wentz, Barnes
<br /> Nays: None
<br />
<br /> ?2-403 - "Attached hereto are copies of two letters received from the Virginia Port
<br />Authority requesting approval to expend Portsmouth Marine Terminal funds for capital improve
<br />ments. They are requesting approval of $10,000 for modifications to the Ro-Ro platform.
<br />This is necessary as Sealand will be adding a new service at PMT. They are also requesting
<br />approval of an expenditure of $2,135 to construct a truck inspection station at the terminal
<br />
<br />It is recommended that these expenditures be approved."
<br />
<br /> On motion of Mr.
<br />the City Manager, was
<br />
<br />Kingfand secOnded by Mr. Smith, to concur with the recommendation of
<br />adopted by the following vote:
<br />
<br />Ayes: Early, Holley, Johnson, King, Smith, Wentz, Barnes
<br />Nays: None
<br />
<br /> 72-404 "As a result of letters received from several citizens residing in the 500'
<br />block of Douglas Avenue, I was instructed to report to Council concerning a collapsed sewer
<br />trunk line at a suction well in this area.
<br />
<br /> On September 4, 1972 (Labor Day), a report of a cave-in and sewer break was received
<br />by the security guard at the PUblic Works complex. Proper barricades were placed at the
<br />location.
<br />
<br /> Investigation on the morning of September 5 revealed that the suction well was stopped
<br />up and that the system was full of water. During a heavy and steady rain, crews prepared
<br />
<br />
<br />
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