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Minutes 07/12/2005
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City Council
City Council - Type
Adopted Minutes
City Council - Date
7/12/2005
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<br />July 12. 2005 <br /> <br />05 - 314 - Adoption of a resolution authorizing the City Manager to execute a Deed <br />and other instruments necessary to convey a 60 foot City owned right-of-way to the <br />U.S. Navy at its appraised price of $15,000.00 and subject to the City's retention of a <br />30 foot easement. Vision Principle: Bold New Directions. <br /> <br />Background: <br />. In December of 1936, the Virginia Electric & Power Company (VEPCO) <br />conveyed to Norfolk County a 60-foot right-of-way for use as a highway or road in return <br />for VEPCO releasing its rights to operate electric streetcars in the streets of Cradock. <br />VEPCO retained the right to maintain and operate a power line, and the U.S. Navy <br />retained the right to place a water main in this right-of-way. <br />. A portion of the 3.7169 acre right-of-way (0.9202 acre or 24.6%) is jurisdictional <br />wetlands, further reducing its potential use and value. <br />. As a result of the 1948 annexation, this right-of-way became the property of the <br />City of Portsmouth, but the City never had use for it since Victory Blvd. was built parallel <br />to it. <br />. The right-of-way provides access to the U.S. Navy's Paradise Creek Disposal <br />Area. The Navy is preparing to "cap" this area as part of their environmental remediation <br />of the disposal area, and requires the City's right-of-way to provide and control access <br />to their site. <br /> <br />Discussion: <br />. The City's conveyance of this right-of-way will not conclude the City's interest in <br />this property. The Office of the City Attorney in consultation with the Department of <br />Public UtilitieslWorks will retain a 30 foot easement over the corridor from its north end <br />at Elm Avenue to Paradise Creek in case future drainage improvements should ever be <br />required. The Navy has agreed to the sale based on its appraised value, subject to this <br />easement. <br />. Financial Impact: The Office of the City Attorney commissioned an independent <br />appraisal of the right-of-way (James F. Windley, MAl, May 2005). This appraisal <br />established the highest and best use of this property as a transportation and utility <br />corridor, and set its value at $15,000.00. <br /> <br />Staff Recommends: <br />Adoption of a Resolution authorizing the City Manager to execute a Deed and other <br />instruments necessary to convey a 60 foot City owned right-of-way to the US Navy at its <br />appraised price of $15,000.00 and subject to the City's retention of a 30 foot easement. <br />Vision Principal: Bo/d New Directions. <br /> <br />Next Steps following City Council Action: <br />. The City Manager will execute the Deed and other required documents on behalf <br />of the City. <br />. The Office of the City Attorney will hold a closing on the property with the US <br />Navy to properly conclude the sale. <br /> <br />Motion by Mr. Moody, 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 AND <br />OTHER NECESSARY INSTRUMENTS TO CONVEY TO THE UNITED STATES NAVY <br />THE CITY'S INTEREST IN A 60 FOOT WIDE RIGHT-OF-WAY (CONTAINING 3.7169 <br />ACRES) LOCATED BETWEEN VICTORY BOULEVARD AND BURTON'S POINT <br />ROAD. <br /> <br />BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that the City <br />Manager be, and he hereby is, authorized to execute a contract, deed and other <br />necessary instruments and plats to convey to the United States Navy the City's interest <br />in a 60 foot wide right-of-way (containing 3.7169 acres) located between Victory <br />Boulevard and Burton's Point Road, subject to the City's retention of a 30 foot easement <br />over the corridor from its north end at Elm Avenue to Paradise Creek in case future <br />drainage improvements should ever be required and upon such other terms and <br />conditions as he shall deem to be in the best interest of the City of Portsmouth." <br />
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