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January 11, 2000 <br /> <br />00 - 09 - Adoption of a resolution authorizing the City Manager to convey various <br />easements related to the Downtown Tunnel to the Virginia Department of <br />Transportation (VDOT). <br /> <br />Recommendation: <br /> <br />· Adoption of a resolution authorizing the City Manager to convey various easements <br />related to the Downtown Tunnel to the Virginia Department of Transportation (VDOT). <br /> <br />Purpose and Need: <br /> <br />· VDOT owns several properties which are part of the site for the Performing Arts <br />Center. VDOT has agreed to convey these properties to the City and requires in return <br />from the City certain easements related to the continued normal operation and <br />maintenance of the Downtown Tunnel. <br /> <br />· There are three subject easements from the City to VDOT. Two authorize existing <br />VDOT facilities which were inadvertently built on City property. The third places <br />restrictions on development of the Project site, for the general purpose of protecting the <br />Downtown Tunnel. <br /> <br />Financial Impact: <br /> <br />· The City's negotiations with VDOT are that the values set for these easements by <br />the City Assessor will be credited against VDOT's charges for land they are to convey to <br />the City in the area. <br /> <br /> Motion by Mr. Pitts, and seconded by Mr. Whitehurst, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OR <br />DEEDS OF EASEMENT TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT <br />OF TRANSPORTATION, FOR CERTAIN RIGHTS IN CONNECTION WITH THE <br />DOWNTOWN TUNNEL. <br /> <br /> WHEREAS, the Commonwealth of Virginia, acting through the Virginia <br />Department of Transportation ("VDOT"), has constructed an eastbound tube for the <br />Downtown Tunnel; and <br /> <br /> WHEREAS, a portion of this tube lies within property owned by the City of <br />Portsmouth (the "City"); and <br /> <br /> WHEREAS, VDOT inadvertently did not acquire a proper and complete <br />easement from the City to permit the construction and continued operation and <br />maintenance of this tube on City property; and <br /> <br /> WHEREAS, in the process of constructing drainage facilities for the Downtown <br />Tunnel, VDOT inadvertently constructed some facilities outside an easement which it <br />had acquired for this purpose from the City, and those facilities remain on City property; <br />and <br /> <br /> WHEREAS, the City and VDOT desire amicably to correct these inadvertent <br />omissions, and both parties desire to remove any possible cloud on title from VDOT's <br />continued maintenance and operation of the Downtown Tunnel and related facilities; <br />and <br /> <br /> WHEREAS, the City desires to construct a Performing Arts Center (the "Project") <br />partially over land occupied by the Downtown Tunnel and owned or controlled through <br />easement by VDOT, and VDOT will require satisfactory assurances from the City that <br />the construction and operation of the Project will not in anyway jeopardize or interfere <br />with the safe and convenient continued operation of the Downtown Tunnel, and the City <br />is willing to provide those assurances; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED that the City Manager be, and he <br />hereby is, authorized to execute and deliver a deed or deeds of easement conveying to <br />the Commonwealth of Virginia, under such terms and conditions as he shall deem <br />appropriate and in the best interest of the City of Portsmouth: <br /> <br /> <br />