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July 8, 2003 <br /> <br />Recommendation: <br /> <br />· Adoption of a resolution authorizing the City Manager to execute a deed to release <br />all or a portion of the restrictions on land now owned by Miller Home and Day Nursery, <br />and/or authorizing the City Manager to allow Miller to mortgage a part of its lands by <br />written instrument. <br /> <br />Purpose and Need: <br /> <br />· These restrictions were imposed when a parcel of property at 1400 Camden <br />Avenue, now owned by Miller, was conveyed by the City to PRHA for subsequent <br />conveyance to Miller Home and Day Nursery. <br /> <br />· The restrictions provide in brief that Miller may not use the land for any other use <br />than as a non-profit day care facility, that its property may not be sold, encumbered, <br />leased etc. without prior written approval of the City Manager, that real estate taxes, or <br />payment in lieu thereof will be paid on the parcel, and that if any of such conditions are <br />violated, the property shall revert to ownership of the City. These restrictions are to <br />expire on December 15, 2004. <br /> <br />· The obvious intent of the City deed was to prevent any other use of the property for <br />a period of ten (10) years. <br /> <br />Financial Impact: <br /> <br />· If released, Miller, or a bank or other lender to Miller, or Miller could sell the property <br />before the expiration of the term of the restrictions to an entity other than one providing <br />the services now provided by Miller. <br /> <br />· The City currently receives full tax payments. <br /> <br /> Motion by Mr. Benn, and seconded by Mr. Whitehurst, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF <br />RELEASE TO RELEASE ALL OR A PORTION OF THE RESTRICTIONS ON LAND <br />NOW OWNED BY MILLER HOME AND DAY NURSERY AND/OR AUTHORIZING <br />THE CITY MANAGER TO ALLOW MILLER TO MORTGAGE A PART OF ITS LANDS <br />BY WRITTEN INSTRUMENT. <br /> <br /> BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that the <br />City Manager be, and he hereby is, authorized to execute a Deed of Release to release <br />all or a portion of the restrictions on land now owned by Miller Home and Day Nursery <br />and/or to allow Miller to mortgage a part of its lands by written instrument, and such <br />other documents as may be necessary." <br /> <br />Ayes: Benn, Griffin, Moody, Randall, Whitehurst <br />Nays: None <br /> <br />- New Business - <br /> <br />03 - 245 - Boards and Commissions <br /> <br />There were no appointments. <br /> <br />03 - 246 - Items Submitted by Council Members <br /> <br />Mr. McCoy introduced the new bottled water with the Portsmouth Lightship logo. <br /> <br />02 - 247 - Non-Agenda Speakers <br /> <br />There were no speakers. <br /> <br /> <br />