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285 <br /> <br />"A RESOLUTION INDEMNIFYING THE COMMONWEALTH OF VIRGINIA FOR LOSS OCCASIONED <br />BY WORK ON OR UPON THE HIGHWAY SYSTEM OF VIRGINIA, <br /> <br /> WHEREAS, it becomes necessary from time to time for the City of Portsmouth to obtain <br />permits from the Virginia Department of Highways and Transportation to install, construct, <br />reconstruct, maintain, and operate certain public works along, across, over~and upon the high- <br />way system of Virginia; and <br /> <br /> WHEREAS,~expense, damage, or injury may be sustained by the Commonwealth of Virginia <br />growing out of the granting to the City of Portsmouth by the Virginia Deoartment of Highways <br />and Transportation of said permit for the work; and - <br /> <br /> WHEREAS, one of the conditions of such permit or permits is that the City of Portsmouth <br />shall indemnify the CommonWealth of Virginia against all damages and injuries to the highways <br />and bridges and to persons or property lawfully upon such highways. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that <br />the City of Portsmouth shall in all respects comply with all of the conditions of the permit o <br />permits that have been, or will be, granted to the City of Portsmouth by the Virginia Depart- <br />ment of Highways and Transportation, and shall indemnify and save harmless the Commonwealth of <br />VirginiJ"R~ai~st and from all loss, cost, expense, damage or injury to highways and bridges an <br />to persons and property lawful on such highways growing out of the granting of such permit or <br />permitS'~to'~h6 said City of Portsmouth." <br /> <br />Ayes: Beamer~ Corprew, Gray, Lucas, Webb, Whitlow, Hotley <br />Nays: None <br /> <br /> 84-417 Letter from the City Manager recommending adoption of a resolution to authorize <br />the exchange of property between the City and the School Board in connection with the con- <br />struction of the Churchland Academy Elementary School. <br /> <br /> "In order to proceed with the construction of Churchland Academy, <br />simultaneously exchange property of equal acreage between the City of <br />Board of Portsmouth. <br /> <br /> it is necessary to <br />Portsmouth and the Schoo <br /> <br /> Attached is a resolution authorizing necessary exchange of property. On November 8, 1984 <br />the Superintendent will be recommending a similar resolution for adoption by the School Board. <br />It is therefore recommended for Council approval." <br /> <br /> On motion of Mr. Gray and seconded by Mr. Beamer, the following resolution was adopted, <br />and by the following vote: <br /> <br />"A RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY WITH THE SCHOOL BOARD OF THE <br />CITY OF PORTSMOUTH IN CONNECTION WITH THE CONSTRUCTION OF THE NEW CHURCHLAND <br />ACADEMY ELEMENTARY SCHOOL. <br /> <br /> WHEREAS, the SchoOl Board of the City of Portsmouth, Virginia, has determined that con- <br />struction of the new Churchland Academy Elementary School should be commenced on property <br />adjacent to Churchland JuniOr High School; and <br /> <br /> WHEREAS, in order to comply with the regulations of the State Department of Education an <br />additional twelve acres of property owned by the City of Portsmouth must be included in the <br />school site; and <br /> <br /> WHEREAS, said City property was originally acquired by grant from the Virginia Department <br />of Conservation and Economic Development, Division of Parks & Recreation, for open space <br />recreational use; and <br /> <br /> WHEREAS, in order to make said City property available for school use it will be necess~ <br />that an equal amount of property be set aside for open space recreation; and <br /> <br />~ WHEREAS, the School Board of the City of Portsmouth owns the hereinafter described pro- <br />perty adjoining C~urchland Park which is suitable for open space recreational purposes. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Por'tsmouth, Virginia, that <br />hereby approves the exchange Of the hereinafter-described property with the School Board of <br />Portsmouth in connection with construction of the new Churchland Academy Elementary School: <br /> <br /> 1. To be conveyed to the City of Portsmouth: <br /> <br />Ail that certain piece or parcel of property bounded and described as follows: <br /> <br /> BEGINNING a~ the northwestern property corner of the existing City of Portsmouth <br />School Board property and the eastern right-of-way of Rivershore Road; thence along <br />th~'~noYthern property line of the existing School Board of the City of Portsmouth <br />~roperty South 86~16'30" east, a distance of 1,374.86' to the True Point of Be- <br />ginnin~;'thence north 38958'60" west, a distance of 530,89'; thence North 3~43'30" <br />east, a distance of 550.00' to a point; thence North 58~09'57" east, a distance of <br />172.58' to a point; thence south 86916'30" east, a distance of 390.00' to a point; <br />thence south 55~30'00" east, a distance of 100.00' to a point; thence South 80°19'30'' <br />east, a distance of 240.00' to a point on the Western right-of-way of the U. S. <br />Government railroad and Cedar Lane; thence along the Western right-of-way of the <br /> <br /> <br />