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June 23, 1992
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City
<br />of Portsmouth, Virginia:
<br />
<br /> That the City Attorney be, and he hereby is, authorized
<br />and directed to have instituted eminent domain proceedings
<br />against the hereinafter-described property situate in the City
<br />of Suffolk, Virginia, for the purpose of acquiring a temporary
<br />construction easement for construction of a water transmission
<br />line pursuant to Sections 2.06, 2.07, and 2.08 of the Charter
<br />of the City of Portsmouth, Virginia, as amended, and to deposit
<br />to the credit of the Clerk of the Circuit Court of the City of
<br />Suffolk, Virginia, as provided by law, the sum hereinafter
<br />specified to compensate the owner of the property designated
<br />and shown on that certain plat entitled "Plat~Showing Utility
<br />Easement To Be Acquired From Thomas W. Capps, Estate By The
<br />City Of Portsmouth, Virginia, Sleepy Hole Borough - Suffolk,
<br />Virginia" dated January 15, 1992~ prepared by Rouse-Sirine
<br />Associates, LTD., Surveyors, Engineers, Planners, a copy of
<br />which said plat is attached hereto and made apart hereof.
<br />
<br /> The names of the property owner is Thomas W. Capps,
<br />Estate.
<br />
<br /> The amount to be deposited to the credit of the Clerk of
<br />the Circuit Court of the City of Suffolk is $400.00.
<br />
<br />Ayes: Clemons, Corprew, Epperson, Hawks, King, Williams, Webb
<br />Nays: None
<br />
<br /> (B) A resolution to provide for the acquisition of a
<br />temporary easement for construction upon property owned by M.
<br />T. Darden and Patricia C. Darden under eminent domain
<br />proceedings pursuant to the Charter of the City of Portsmouth,
<br />Virginia, said easements being necessary for the construction
<br />of a water transmission line.
<br />
<br /> Motion of Mr. Epperson, seconded by Mr. King, the
<br />following resolution was adopted on first and final reading and
<br />by the following vote:
<br />
<br /> "A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF A
<br />TEMPORARY EASEMENT FOR CONSTRUCTION UPON PROPERTY OWNED BY M.
<br />T. DARDEN AND PATRICIA C. DARDEN UNDER EMINENT DOMAIN
<br />PROCEEDINGS PURSUANT TO THE CHARTER OF THE CITY OF PORTSMOUTH,
<br />VIRGINIA, SAID EASEMENTS BEING NECESSARY FOR THE CONSTRUCTION
<br />OF A WATER TRANSMISSION LINE.
<br />
<br /> WHEREAS, by a resolution adopted on April 28, 1992, the
<br />Council of the City of Portsmouth determined that there is a
<br />public necessity that a new water transmission line be
<br />constructed from its water plant in the City of Suffolk to the
<br />City of Portsmouth; and
<br />
<br /> WHEREAS, such construction makes necessary the acquisition
<br />of permanent and temporary construction easements upon property
<br />located outside its boundaries in the City of Suffolk,
<br />Virginia; and
<br />
<br /> WHEREAS, the City has not been able to purchase the
<br />easement described herein necessary to the project, because the
<br />owner of the property to be affected by said easement and the
<br />City have not been able to agree upon the price to be paid
<br />therefore; and
<br />
<br /> WHEREAS, the advancement of the work and the use of said
<br />property will be unreasonably delayed if said easement is not
<br />made available for the project as soon as possible.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City
<br />of Portsmouth, Virginia:
<br />
<br />
<br />
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