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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 />