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85 <br /> <br />October 28, 1986 <br /> <br /> In order to acquire the necessary right-of-way and move f <br />~ith the project, the City Attorney has advised that eminent <br />proceedings should be filed in the Circuit Court. I recomm <br />tion of the two resolutions on your agenda to authorize the initia- <br />tion of these actions. <br /> <br /> On motion of Mr. Simpson and seconded byeS. Ir. ~gray, the fc <br />resolution was adopted, and by the following voze: <br /> <br />'A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF CERTAIN <br />PROPERTY OWNED BY ZI'.M~THY <br />UNDER EMINENT DOMAIN PROCEEDINGS PURSUANT TO THE CHARTER <br />OF THE CITY OF PORTSMOUTH, SAID PROPERTY BEING NECESSARY <br />FOR THE CONSTRUCTION, ALTERATION AND WIDENING OF MIMOSA <br />ROAD. <br /> <br /> WHEREAS, the Council of the City of Portsmouth has determined <br />Lt to be in the public interest to reconstruct, alter and widen <br />Mimosa Road; and <br /> <br /> WHEREAS, the City has found it necessary to acquire fee simple <br />interest ~n and to the heremnafter-descr~bed parcel of landism~uate <br />in the City of Portsmouth, Virginia, for the said purpose of recon- <br />structing, altering and widening Mimosa Road; and <br /> <br /> WHEREAS, the City has not been able to purchase the ~rgpe~Fy <br />described heremn, necessary to the project, because the owners <br />thereof and the City have not been able to agree upon the price to <br />be paid therefor; and <br /> <br /> WHEREAS, the advancement of the work and the use of said pro- <br />perty will be unreasonably delayed if said property is not made <br />available for the project as soon as possible. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />~ortsmouth, Virginia: <br /> <br /> That the~City Attorney,-be, and he hereby is, directed to <br />_nstitute eminent domain proceedings against the hereafter-~es <br />property situate in the City of Portsmouth, Virginia, for the <br />of acquiring fee simple title therein, together with any an~ <br />easements of access, light or air incident to the lands of the land- <br />owner abutting upon said property, in accordance with, and pursuant <br />to, Section 2.06, 2.07 and 2.08 of the Charter of the City of Ports- <br />nouth, Virginia, as amended, and to deposit to the credit of the <br />Clerk of the Circuit Court of the City of Portsmouth as pro~id?d by <br />law the sum hereinafter specified to compensate the owners ~f the <br />property designated as parcel 003 on that certain plat entitled <br /> Plat Showing Proposed R~ght-of-Way Acqums~tmon for M~mosa Roa~ <br />Street Improvements" dated October 20, 1985, orepared by th$ E~ei- <br />aeering & Technical Services Department of ~h~ C~ty of ~ort~mon[h, <br />Firginia, copy of which plat is attached hereto and made a part <br />hereof. <br /> <br /> The name of the proerty owners are ~motky ~ood~and Da~ <br />~ood~ <br /> <br /> The amount to be deposited to the credit of the Clerk ~f the <br />gircuit Court of the City of Portsmouth is <br /> <br /> Ayes: Corprew, Gray, Lucas, Simpson, Webb, Holle$ <br /> Nays: None <br /> <br /> 86-391 - See letter under Item 86-390 <br /> <br /> On motion of Mr. Gray and seconded by Mr. Simpson, theifollowin <br />resolution was adopted, and by the following vote: <br /> <br /> <br />