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February 13, 1923 <br /> <br /> and free from ~ncumbrance, an easement or strip of land, as may be requested by the Commonwealt~ <br /> alon~Z, through or over the above mentioned lands of the landowner, said easement or strip of <br /> l~nd being as shown on Sheet Ne. $2, Project N~. 16~D, Route No. 5, on plat ~ad s~vey ~bove <br /> =efe=red to, all of s~id lands bei~ in N~nssmond Co~ty~ Virginia, <br /> follows: B~gin~ng mt sta. 1021~ 56 proper~y line of Ed. Holland mhd City of Portsmouth, <br /> thence N. 8y degrees 53' E.~ m width of 50 ft. to Stm. 103~99.E~ ~ distance of ~$3.2 ft., <br /> thencs to the left wi~h m I dog=es c~ve to Stm. 103~9.2 ~ distance of~O ft., thence with <br /> m tmngent N. 83 degrees 53' E. to Stm. 103~0~, the property line ef E. C. Stsph~nson mhd <br /> City of Portsmouth, a distmnce of llO ft. <br /> <br /> This description covering the 50 ft. right of way on the new ~hw~y located between <br /> property line of Ed. Holland ~nd the City of Port~outh, mhd the p=operty line of W. C. Step,n- <br /> son ~nd the City of Portsmouth. <br /> <br /> It is agreed between the City of Portsmouth, ~d the Virginia St~ts ~ghw~y Dep~tment, <br /> thmt the City of Portsmou~ hereby ~o~tes '$his righ~ of wmy, 50 ft. in width, mhd in considera- <br /> tion of this the State ~ghwmy Dep~tment m~ees to co, truer ~ stmn~rd woven wi=e fence with <br /> bmrb wire on top a~ong the southe=~ l~its ~ this right of wmy, mhd mlo~ the norths=n $imits <br /> of the City of Portsmouth's props=fy limites. <br /> <br /> In the event the ~d~tio~l eo~ider~tion ~bove referred to is i~ th~ opinion of ~he <br /> =o~~ officials of the Co~onwe~lth ezcessive, the CO~onwe~th s~ll not be obligated by t~s <br /> <br /> This a~eement s~ll be bin~ upon trend owne= f~om mhd rafts= execution thereof by the <br /> ~owne~, and s~ll b~come null ~nd void one year from the d~te he, eof, ~d t~,~ight~ <br />~pmrties sh~ll cease mhd dete~ine, ~less f~the~ extended by the ~mndowne=, <br /> that time, or any extension ~hereef, the Co~onwe~lth s~ll h~ve commenced oo~truction <br /> l~rovement of s~id road along, through or over smid lmnds, o= sh~ll hmve notified the land- <br /> owner of its intention to demmnd deed undo= the provisionm hereof, a=~shmll h~ve de~n~ed~m <br /> deed. <br /> <br />~iTNESS the following signmtures and seals. <br /> <br />.,_ (SEA_ <br /> <br />STATE OF VIRGINIA, ) <br />COUNTY OF .............. ) To-wit: <br /> <br /> I ............................... a Notary Pubtio, in and for the Cotu~y aforesa&d in the <br />State of Virginia,~ do certify that. ..................... , whose rmu~e is ~igned to the foregoing <br />and annexed writing, bearing d~te on the ....... d~y of ........... , 19.~., has this dmy ac- <br />knowledged the same before me in my County aforesaid. <br /> <br />Given under my h~nd this. ...... day of .............. , l~ ..... <br /> <br />NOTARY PD-SLI 0. <br /> <br />commission expires <br /> <br />UNFINISHED BUSINESS <br /> <br />of <br /> <br /> The regular reports of the City Collector, City Treasurer, and City Auditor for <br />January, 19E3, were presented and were referred to the Finance Committee. <br /> NE~ BUSIi~'SS <br /> The follOWing Order of Cou~t was ordered to be filed: <br /> <br />the month <br /> <br />19s3: <br /> <br />"Virginia: <br /> <br />At the Court of Hustings for the City of Portsmouth held on the lOth,~a~-of February, <br /> <br />In the matter of the petition of C. L. Cone, Jr., et als, <br />asking for an election and upon complaint of F. W. Beazley. <br /> <br /> This d~y cmme the parties to this proceeding, and the Court h~ving ex~mined the <br />s~d petition, and the complaint of F. ~. Beazley, filed thereto, as well as the mnswer of <br />R. A. Hutchins, Jr., Mayor of the City of Portsmouth, s~ud President of the Council of said <br />City, and, h~ving heard the statements and argument of counsel, is of the opinion, for reasons <br />set out in the s~id complaint, and doth adjudge and ~eclare, that the said petition is~tnsuf- <br />fioient and that the prayer for an election to be called by the Council of the City of Ports- <br />mouth cannot be legally granted. The Clerk of this Co~rt is therefore directed to certify a <br />copy of this order forthwith to the Council of the City of Portsmouth. <br /> <br />A Copy, <br /> Tests: E. Thompson, Clerk." <br /> <br /> A communication ~as rea~ from the Portsmouth Chamber of Commerce stating that at a regular <br />session of the Board of Directors of s~id body February 2nd, 1923, they went on record urging <br />Council to h~sten the segregation ordinance or zoning of the City of Portsmouth. <br /> On motion, the ccnm~unication was ordered to be filed. <br /> <br /> <br />