|
<br />May 22, 2007
<br />
<br />"RESOLUTION, ADOPTED AFTER PUBLIC HEARING CONDUCTED PURSUANT
<br />TO SECTION 15.2-1903(B) OF THE CODE OF VIRGINIA, AUTHORIZING THE
<br />ACQUISITION OF REAL PROPERTY WITH THE STREET ADDRESS OF 1128
<br />HARRELL STREET, PORTSMOUTH, VIRGINIA, COMMONLY KNOWN AS THE
<br />"CRAB SHACK," PLUS ADJACENT PROPERTIES OWNED BY THE PARK VIEW
<br />HOME COMPANY, FOR A PUBLIC PARK TO PROVIDE PUBLIC WATERFRONT
<br />ACCESS, AND AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN
<br />FOR THIS PURPOSE, IF NECESSARY.
<br />
<br />WHEREAS, there is a public necessity for a public park with waterfront access to
<br />serve the Park View, West Park View, and Shea Terrace neighborhoods, as well as all
<br />other city neighborhoods; and
<br />
<br />WHEREAS, the need for this park is consistent with and substantiated by the
<br />parks and open space guidelines of the Commonwealth of Virginia, as set forth in the
<br />Virginia Outdoor Plan (2002) of the Virginia Department of Conservation and Recreation
<br />and also similar guidelines of the National Recreation and Parks Association; and
<br />
<br />WHEREAS, the need for additional public, non-commercial waterfront access is
<br />documented in the City of Portsmouth Comprehensive Plan, as duly adopted by
<br />Portsmouth City Council, the 1995 City of Portsmouth Waterfront Access Study, the
<br />Chesapeake Bay Area Public Access Plan and the Waters of Southeastern Virginia
<br />Plan of the Hampton Roads Planning District Commission, and the Virginia Outdoor
<br />Plan, Hampton Roads Regional Section, duly adopted by the Commonwealth of
<br />Virginia; and
<br />
<br />WHEREAS, there is property with the street address of 1128 Harrell Street,
<br />Portsmouth, Virginia, commonly known as the "Crab Shack," consisting of
<br />approximately .62 acres, more or less, being the same property conveyed to John T
<br />Johnson and Rhonda R Johnson, husband and wife, by deed dated February 27, 1995
<br />and recorded March 16, 1995 at Deed Book 1112, page 1593 in the Clerk's Office of
<br />Portsmouth Circuit Court; and
<br />
<br />WHEREAS, the underlying fee in the adjoining Elm Avenue, Harrell Street, and
<br />Webster Avenue vested in Park View Home Company by reservation set forth in Deed
<br />Book 41, page 371, as duly recorded in said Clerk's Office; and
<br />
<br />WHEREAS, the aforementioned properties (hereafter referred to collectively as
<br />the "Property") are appropriate to serve as a public park and to provide the needed
<br />public, non-commercial waterfront access;
<br />
<br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
<br />Portsmouth, Virginia, that:
<br />
<br />1. The City of Portsmouth hereby finds and determines that there is a public
<br />necessity to acquire the Property so that it may be used by the citizens of Portsmouth
<br />as a public park providing public, non-commercial waterfront access.
<br />
<br />2. The City of Portsmouth hereby finds and determines that use of the
<br />Property as a public park providing public, non-commercial waterfront access is a public
<br />use and an authorized public undertaking.
<br />
<br />3. The City Attorney is authorized and directed to take all actions set forth by
<br />law and reasonably implied by law to acquire the Property from the current owners,
<br />John T Johnson and Rhonda R Johnson, husband and wife, and Park View Home
<br />Company, or said owners' successors or assigns. The Portsmouth Redevelopment and
<br />Housing Authority is requested to provide staff assistance to the City Attorney for this
<br />acquisition.
<br />
|