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May 22, 2001
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<br />01 - 172 - Adoption of a resolution to provide for the acquisition of the fee simple
<br />interest in a portion of property owned by Wayne E. Smiley to be acquired, if necessary,
<br />under eminent domain proceedings pursuant to the Charter of the City of Portsmouth.
<br />
<br />This action is necessary for the improvements to Lee Avenue and Virginia
<br />Avenue in conjunction with the construction of an interchange connecting Route
<br />164 and Martin Luther King Freeway.
<br />
<br />Recommendation:
<br />
<br />· Adoption of a resolution to provide for the acquisition of the fee simple interest in a
<br />portion of property owned by Wayne E. Smiley to be acquired if necessary under
<br />Eminent Domain Proceedings pursuant to the Charter of the City of Portsmouth,
<br />Virginia, said property being necessary for the construction of improvements to Lee
<br />Avenue and Virginia Avenue.
<br />
<br />Purpose and Need:
<br />
<br />· Construction improvements to Lee Avenue and Virginia Avenue are needed in
<br />conjunction with the construction of the Pinners Point interchange connecting Route 164
<br />and Martin Luther King Freeway.
<br />
<br />Financial Impact:
<br />
<br />· The property to be acquired hereunder will become non-taxable.
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<br /> Motion by Mr. Whitehurst, and seconded by Mr. Pitts, to adopt the following
<br />resolution, and was adopted by the following vote:
<br />
<br />"A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF A PARCEL OF
<br />PROPERTY OWNED BY WAYNE E. SMILEY PURSUANT TO THE CHARTER OF
<br />THE CITY OF PORTSMOUTH, VIRGINIA, SAID PROPERTY BEING NECESSARY
<br />FOR THE CONSTRUCTION OF THE PROPOSED IMPROVEMENTS TO LEE
<br />AVENUE AND VIRGINIA AVENUE.
<br />
<br /> WHEREAS, by a resolution adopted on June 25, 1991, the Council of the City of
<br />Portsmouth determined that there is a public necessity for improvements to Lee Avenue
<br />and Virginia to be constructed in the City of Portsmouth; and
<br />
<br /> WHEREAS, the project necessitates that the City acquire a 55 foot radius at the
<br />southwest intersection of Lee Avenue and Cleveland Street; and
<br />
<br /> WHEREAS, the advancement of the work and the use of said property will be
<br />unreasonably delayed if said property is not made available for the project as soon as
<br />possible.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
<br />Portsmouth, Virginia:
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<br /> THAT the City Attorney be, and he hereby is, authorized to acquire the hereafter
<br />described property by negotiation and purchase if possible, and if not possible, is
<br />authorized and directed to institute eminent domain proceedings against the hereinafter-
<br />described property situate in the City of Portsmouth, Virginia, for the purpose of
<br />improvements to Lee Avenue pursuant to Sections 2.06, 2.07 and 2.08 of the Charter of
<br />the City of Portsmouth, Virginia, as amended, and to deposit to the credit of the Clerk of
<br />the Circuit Court of the City of Portsmouth, Virginia, as provided by law, the sum
<br />hereinafter specified to compensate the owner of the property designated and shown on
<br />that certain plat as follows:
<br />
<br /> The fee simple interest in all that certain piece or parcel of land, and the
<br />appurtenances thereunto belonging, lying, situate and being in the City of Portsmouth,
<br />Virginia, and being shown and designated as PROPOSED R/W Area = 648.30 sq.ft, or
<br />0.0148 ac. on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE
<br />ACQUIRED BY CITY OF PORTSMOUTH FOR RIGHT OF WAY PURPOSES,
<br />PORTSMOUTH, VIRGINIA", dated April 3, 2001, prepared by Horton & Dodd, P.C.,
<br />Surveyors, Engineers & Planners, said plat being attached hereto and simultaneously
<br />recorded herewith, and to which reference is made for a more particular description.
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