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FobrUarv 22. 1972
<br />
<br /> 72-56 "I submit the attached resolution and recommend its adoption. This appoints
<br />five viewers for the closing of a portion of Summit AVenue. The closing has been requested
<br />by the adjacent property owners and approved by the Planning Commission."
<br />
<br /> On motion of Mr. King, and seconded by Mr. Raymond Smith, the following resolution was
<br />adopted, and by the following vote:
<br />
<br />"RESOLUTION APPOINTING VIEWERS FOR CLOSING A PORTION OF SUrE'IT AVENUE.
<br />
<br /> WHEREAS, The Trustees for Business and Professional Men's Savings Club of Portsmouth,
<br />Virginia, have made application to vacate and close the hereinafter described portion
<br />of a certain street and it appearing that nOtice of the application and request for the
<br />appointment of viewers was duly posted on February 8, 1972, on the bulletin board of the
<br />Court of Hustings for the City of Portsmouth, on the bulletin board of the Circuit Court
<br />of the City of Portsmouth, and on the bulletin board of the MuniciPal Court of the City
<br />of Portsmouth.
<br />
<br /> NOW, THEREFORE,~BE IT RESOLVED by the Council of the City of Portsmouth, Virginia,
<br />that Frank Bilisoly, Louis J. Leitner, L. A. Clarke, Zalmon I. Blachman and F. J. Bergeron
<br />be appointed viewers to view the hereinafter described portion of such street and report ~
<br />to this Council in writing whether in their opinion any, and if any, what inconvenience
<br />would result from vacating and closing the following:
<br />
<br />Beginning at the North West corner of the intersection of Summit Avenue
<br />and Chestnut Street and from said point of beginning running thence in
<br />a westerly di?ection along the Northern line of Summit Avenue 227.53 feet
<br />thence turning and running at right angles in a southerly direction
<br />directly across Summit Avenue 50 feet thence running in an easterly direction
<br />along the Southern line of Summit Avenue ~7.53 feet thence turning and run~
<br />RZ~gf~ a northerly direction $O feet to the point of beginning."
<br />
<br />Ayes: Johnson,
<br />Nays: None
<br />Abstaining: Holley
<br />
<br />King,
<br />
<br />Irvine Smith, Raymond Smith, Turner, Barnes
<br />
<br /> 72-S7 - "I submit the attached resolution and recommend its adoption. This will
<br />allow the City Attorney to remove a deed restriction on property sold by the~City.
<br />
<br /> The City sold the property on London Boulevard at the intersection of Broad Street
<br />to Aubrey Sweet with the requirement that it be developed for commercial purposes With
<br />a building with 25,000 square feet of roofed area.
<br />
<br /> Mr. Sweet is in the process of complying with these requirements by the construction
<br />of a motel. He desires to have the above restriction removed from the deed in order to
<br />secure favorable financing. In lieu of the restriction, Mr. Sweet is willing to provide
<br />the City with a performance bond to meet ~the requirements."
<br />
<br /> ~On motion of Mr. King, and seconded by Mr. Johnson, the following resolution was adopte~,
<br />and by the following vote:" ,
<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 AUBREY
<br />G. SWEET AND AUBREY G. SWEET, JR., NOW RECORDED IN DEED BOOK 376, AT PAGE
<br />S19, IN THE CLERK'S OFFICE OF THE COURT OF HUSTINGS FOR THE CITY OF PORTSMOUTH."
<br />
<br /> WHEREAS, by deed dated December 1, 1961, and recorded in the Clerk's Office of the
<br />Court of Hustings for the City of Portsmouth, in Deed Book 376, at page 5'19, a copy of
<br />which is attached hereto, the City of portsmouth did convey to Aubrey G. Sweet and Aubrey
<br />G. Sweet, Jr., 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 September 12, 1961, and contained therein the following restrictive
<br />clause.
<br />
<br /> Conveyance of the foregoing property is made and. accepted upon and subject
<br /> to the express condition, which isa part of the consideration.inuring to
<br /> the party of the first part, that the said party of the first part, its
<br /> successors and assigns, may at its option refund the purchase price stated
<br /> herein and recover possession and title to the property hereby conveyed
<br /> should the parties of the second p~rt, their heirs and assigns, fail to
<br /> commence construction of, and thereafter promptl~y complete construction
<br /> of, not less than twenty-five thousand (25,000) square feet of roofed
<br /> area useable for industrial and commercial purposes between this date and
<br /> not later than six (6) months from the date the City of Portsmouth shall
<br /> have acquired any additional right of way for the widening of Glasgow
<br /> Street between Kirn Street and the Norfolk and Portsmouth Belt Line Railroad,
<br /> or for the rerouting of~affic from said section of Glasgow Street.
<br />
<br /> WHEREAS, the Council has been advised by the City Attorney that the restrictive covenant
<br />was a part of the consideration for said conveyance; and
<br />
<br /> WHEREAS, the Council has been advised by the City Attorney that it may exercise the
<br />option set forth in said restrictive covenant; and
<br />
<br /> WHEREAS, the Council has been advised tha~ such restrictive covenant has prevented
<br />the sale and development of said lands; and
<br />
<br />
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