Minutes 03/09/1909 - Laserfiche WebLink

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~arch 9, !909. 'In the year 1877 ~essrs. Richard H. Baker and Jo?m R. Xilby, arbitrators, selected by the Ooumty and City to adjust their respective interests, under an act of the Legislature of Virginia, in the various properties, lands, dc., owned amd Held by Norfolk Oounty at the time of the sepa- ration from the 0oumty by the City, in the _y. ear 1858, determined that the 0ity and Coumty held an equal and undivdded one-half interest in this particular lot of land. Their determination was af- terwards ratified an approved by our Supreme 0curt of Appeals. "This would ordinarily make the 0ity and Coumty what is known as Joint tenauts in this lot of land, where the possession of one is the possession of both and with all the rights and incidents arising therefrom. ~ith the right in either to make reasonable imprevements so as not to serious- ly impair the rights of his ee-ten~nt, and answerable only by an "B~t this let of land may be said te have been dedicated by Wtn. ~rawford, Esqr., to the City and Oo~ty, and by them accepted, for courthouses purposes; this necesszrily carries with it the right in both to erect courthouses and all necessary adjuncts for ~he use of said courthouses. elerk~-office is absolutely necessary for the courthouse, a place for the transaction of the business and fer the preservation of its records. ~I refer to this *to show that what weuid Be a reasonable use in bosh wpuld be a reasonable use in one, the only difference being that one oa~mot exercise the right te the exclusion of the ether, or im s~oh ma~neras to seriously impair the rights of the other. ~Norfolk County-'has already conoeede& this right of use by constructing, in the year 1889, a clerk's Office on the west sdde of this very lot; and this use of 'the land was made by Norfolk Ooun- ty without eonsuiting the Oity with reference thereto, so far as my examination of the records of the Board of Supervisors show. ~The facts presented $o me ~a~d up.on which my epinion is based are as foll~ows.: l". You propose to constm~ct ~eur clerk's office on the southeast corner of said lot, at or near the morthwest intersection of High and Oourt streets. 2", That the vacant let ~etween the present courthouse and Court street is 54 feet fronting on High Street. with a zlepth along 0curt Street of ll2 feet. 3". That the dimensions of the Clerk's office proposed ts be constructed by you is forty feet facing Eigh Street with a depth, extending along or parallel with This will leave as much space between your clerk's office and the arates the courthouse from the clerk's office of Norfolk A Oo~rt ' s Court Street, of fifty-five feet~. courthouse as that which no~ se~- 4", That 1she Board of Supervimor~s of Norfolk Count~has declined to ~give its consent to the construetion ef this clerk's office, although having been requested by ~ou to do so. "It is my opinion tha~ a new clerk's office is a necessary and legal duty restingupon you; that the land is ample for the purpose; that it is not a misuse of the land nor a~impairment of Norfolk County's right; and that you should construct the same at once~ without f~rther consulting "Respectfully submitted, Norfolk Ooo~ty on the subject. "Jno. W. Happer, City Attorney." the City. "Gentlemen: "I have the honor here- Second. In reference to the lately annexed territory to "To the Honorable, The Oouneil of the City of Portsmouth. 'with to present to you a certified copy of the order entered'on the 21st day of November, 1908, by -the Hon. John ~, White, sitting as Judge of the CircUit 0curt of Norfolk 0ounty, by designation of the Governer of Virginia to hear and de~ermine the cause of the Oity of 2ortsmouth ~gainst Norfolk Oounty, asking for the annexation of certain territory described in your ordinance approved by the