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February 14, 1995 <br /> <br /> Also, with MemorandUm of Agreement, it <br />will be posSiblelto record the ordinance closing streets in the <br />proposed development area. This will allow for the property <br />transfer of title to the developer at the appropriate time. I <br />therefore recommend adoptioniof this resolution authorizing the <br />City Attorney to record the Ordinance (number 1994-107), adopted <br />by City Council on November 22, 1994, in the Clerk's Office of <br />the Portsmouth Circuit Court." <br /> <br /> Motion by Mr. Hawks, and seconded by Mr. Pitts, to adopt <br />the following ordinance, and was adopted by the following vote: <br /> <br /> "AN OPJ)INANCE TO APPROPRIATE $565,000.00 FROM THE CAPITAL <br />IMPROVEMENTS FUND TO PROVIDEiFUN-DS TO THE PORTSMOUTH <br />REDEVELOPMENT AND HOUSING AUTHORITY AND/OR THE PORTSMOUTH <br />INDUSTRIAL DEVELOPMENT AUTHORITY FOR USE IN THE PORTCENTRE <br />COMMERCE PARK TO PROMOTE ECONOMIC DEVELOPMENT IN THAT AREA." <br /> <br />Ayes: Clemons, Griffin, Hawks, Martin, Pitts, Robinett, Webb <br />Nays: None <br /> <br /> MOtion by Mr. Pitts, and seconded by Mr. Griffin, to <br />authorize the signing of a Memorandum of Agreement, and was <br />adopted by the following vote: <br /> <br />Ayes: Clemons, Griffin, Hawks, Martin, Pitts, Robinett, Webb <br />Nays: None <br /> <br /> Motion by Mr. Martin, and seconded by Mr. Clemons, to adopt <br />the following resolution, and was adopted by the following vote: <br /> <br /> "A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTOPdgEY <br />TO RECORD ORDINANCE NO. 1994~107, AND WAIVING THE OPTION OF THE <br />CITY COUNCIL TO DECLARE SAID ORDINANCE NULL AND VOID, AND <br />AUTHORIZING THE CITY MANAGER TO VACATE AND RELEASE THE WHOLE, OR <br />A PORTIOM, OF A DRAINAGE EASEMENT WHICH MEANDERS THROUGH <br />PORTCENTRE COMMERCE PARK. <br /> <br /> WHEREAS, the Council of the City of Portsmouth, Virginia, <br />adopted Ordinance No. 1994-107 at its meeting held on November <br />22, 1994; and <br /> <br /> WHEREAS, said ordinance provides for the closure of <br />portions of streets known as Third Street, Ruth Brown Avenue, <br />Henry Street, Randolph Street, a lane or alley parallel to First <br />Street, a lane parallel to Ruth Brown Avenue and a portion of <br />Wavy Street; and <br /> <br /> WHEREAS, the vacating and closure of said streets as <br />provided for in said ordinance was conditioned upon the <br />commencement of development of a proposed business on land <br />adjoining said streets, and further provided that failure to <br />commence said development within sixty (60) days would, at the <br />option of City Council, render the vacation closure therein null <br />and void; and <br /> <br /> WHEREAS, the Council of the City of Portsmouth has <br />determined that the commencement of development of the proposed <br />business in said area has begun; and <br /> <br /> WHEREAS, by deed dated June 1, 1884 and duly recorded in <br />the Clerk's Office of the Circuit Court of the City of <br />Portsmouth, Virginia, in Deed Book 18, at page 513, M.E. Minter, <br />and others, dedicated a drainage easement to the City of <br />Portsmouth, which said easement meanders in a northeasterly <br />direction from the the north east corner of Fayette and Fourth <br />Street, now known as PortCentre Parkway, to an area just north <br />and west of Wythe and First Streets; and <br /> <br /> <br />