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April 24, 1990 <br /> <br />hereto and made a part hereof~ said ~rope/tty .~eing bounded on its <br />eastwardly line by the .point of t_e~minati~n. Qf Lansing Avenue and <br />Marshall Avenue, as shown on-~S~a_i_d ptat~ .amd on its westwardly line <br />be~g ~a distance 52.D0' in len~gt~h as~ ~Qw~ on said plat. <br /> <br /> The name of. the property owner is M. B_~ .Investments, a <br /> <br /> The amount to be deposited to the credit of the Clerk of <br /> the Circuit Court of the City of Portsmouth is $.7,86~.50~.'' <br /> <br />Ayes: Barnes, ~Corprew, Gr~Y, Hawks, Lucas, Simpson, Webb <br />Nays: None <br /> <br />90-154 Letter from the Interim City Manager ~ecommending <br />adoption of a resolution authorizing the Interim City Manager to <br />proceed to acquire property of Elwdod L. Boyce, Jr. by eminent <br />domain proceedings in connection with the Brighton/South <br />Portsmouth drainage improvement project. <br /> <br /> "As you are aware, all of the property owners whose land <br />is within the Brighton/South Portsmouth drainage project area, <br />except two, have conveyed sufficient property to the City to <br />accommodate the drainage improvements. The two that have not <br />are M. B. Investment and Elwood L. Boyce, Jr. The planned <br />improvements would improve drainage in this area. <br /> <br /> In order to acquire the necessary easements and move- <br />forward with the project, the City Attorney has advised that <br />eminent domain proceedings should be filed in the Circuit Court. <br />I recommend adoption of the two resolutions on your agenda to <br />authorize the initiation of these actions." <br /> <br /> Motion of Mrs. Lucas, and seconded by Mr. Gray, the <br />following resolution was adopted on first and final reading <br />by the following vote: ...... <br /> <br />and <br /> <br /> A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF AN EASEMENT <br />UPON PROPERTY OWNED BY ELWOOD L. BOYCE, JR., UNDER EMINENT <br />DOMAIN PROCEEDINGS PURSUANT TO THE CHARTER OF THE CITY OF <br />PORTSMOUTH, SAID PROPERTY BEING NECESSARY FOR THE CONSTRUCTION <br />OF DRAINAGE EASEMENTS IN THE BRIGHTON/SOUTH PORTSMOUTH AREA. <br /> <br /> WHEREAS, the Council of the City of Portsmouth has <br />determined it to be in the public interest to construct a <br />drainage easement in the Brighton/South Portsmouth area; and <br /> <br /> WHEREAS, the City has not been able to purchase the <br />easement described herein, necessary to the project, because the <br />owners thereof and the City have not been able to agree upon the <br />price to be paid therefor; and <br /> <br /> WHEREAS, the advancement of the work and the use of said <br />property will be unreasonably delayed if said property is no~ <br />made available for the pro]ect as soon as possible. <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, directed to <br />institute eminent domain proceedings against the <br />hereinafter-described property situate ~n the City of <br />Portsmouth, Virginia, for the purpose.of acquiring an easement <br />thereon pursuant to Section 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 />Portsmouth as <br /> <br /> <br />