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April 13. 2010 Next Steps Following Council Action: . All requisite legal documents will be executed and recorded. Motion by Mr. Whitehurst, and seconded by Mr. Smith, to adopt the following resolution, and was adopted by the following vote: "RESOLUTION AUTHORIZING THE CITY MANAGER TO RELEASE AN EASEMENT FOR A WATER TRANSMISSION LINE OVER AND ACROSS PROPERTY OWNED BY CLOVERLEAF DEVELOPMENT, LLC AND LAKESHORE ASSOCIATES. WHEREAS, Cloverleaf Development, LLC and Lakeshore Associates are the owners of two parcels of land in the City of Suffolk, which they propose to jointly develop for residential purposes; and WHEREAS, the two parcels are encumbered by an easement for a water transmission line belonging to the City of Portsmouth, which easement was acquired by the City for the purpose of providing a method of pumping water directly from Lake Cohoon to the City's water treatment plant as emergency conditions may dictate; and WHEREAS, over the course of the many years since the acquisition of said easement the water line placed in said easement has been seriously disrupted and in many cases does not exist; and WHEREAS, it is deemed a matter of the grave importance that said line be replaced so that the City will be able to provide an uninterrupted flow of raw water to the water treatment plant for processing; and WHEREAS, preliminary studies indicate that the construction of a replacement line ought to be along Pitchkettle Road or across property of the City known as the "Sludge Lagoon"; and WHEREAS, Cloverleaf Development, LLC is prepared to provide an easement to the City for a water transmission line over, under and across its property lying adjacent to the Route 58 Bypass in return for the City releasing its current easement for a water transmission line over the two properties of the owners described herein, NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that the City Manger be, and he hereby is authorized to release unto Cloverleaf Development, LLC and Lakeshore Associates all that certain easement for a water transmission line which the City now owns over their properties lying south of the Route 58 Bypass located in the City of Suffolk at such time as the Director of Public Utilities shall determine to be appropriate and after the City has been granted an easement in a form and content approved by the City Manager for construction of a new water transmission line over the property of Cloverleaf Development, LLC along the northern boundary of its property from a point of intersection with Pitchkettle Road westwardly to the City's Sludge Lagoon property and to intersect with the southern line of the Route 58 Bypass at such point as meets with the approval of the Director of Public Utilities, and substantially as shown on that certain exhibit attached hereto entitled: " EXHIBIT SHOWING PORTSMOUTH WATERLINE EASEMENT TO BE VACATED AND WATERLINE EASEMENT TO BE CONVEYED TO THE CITY OF PORTSMOUTH, VA., CHUCKTUCK BOROUGH-SUFFOLK, Virginia, dated May 9,2009 and prepared by Art- ray Corp." Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley Nays: None