HOUSE BILL NO. 2990 Offered January 10, 2007 Prefiled January 10, 2007 A BILL to authorize the Marine Resources Commission to convey certain parcels of subaqueous lands in the Elizabeth River. ---------- Patron-- Melvin ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. § 1. That the Marine Resources Commission is hereby authorized to sell and convey on behalf of the Commonwealth to December Partners, LLC., and its successors and assigns, upon such terms and conditions and the payment of fair market value considerations as are deemed proper by the Commission, with the approval of the Governor and in a form approved by the Attorney General, such rights, title, and interest as the Commonwealth may have in two adjoining pieces or parcels of subaqueous land in the Elizabeth River in the City of Norfolk, being more particularly described as follows:

Commencing at the intersection of the Southern Line of Front Street and a line 30 feet from and parallel to the West Line of 2nd Street; thence from said point of commencement South 66 degrees 50 minutes 32 seconds East a distance of 630.63 feet to a point; thence South 22 degrees 22 minutes 30 seconds West a distance of 146.72 feet to point; thence North 66 degrees 53 minutes 27 seconds West a distance of 120.39 feet to the "point of beginning". Thence from the "point of beginning" the following courses and distances:

South 18 degrees 37 minute 01 seconds West a distance of 71.19 feet to a point; thence South 65 degrees 17 minutes 01 seconds East a distance of 11.55 feet to a point; thence South 10 degrees 41 minutes 08 seconds West a distance of 35.29 feet to a point; thence North 66 degrees 42 minutes 14 seconds West a distance of 12.39 feet to a point; thence North 80 degrees 55 minute 55 seconds West a distance of 8.86 feet to a point; thence South 22 degrees 33 minutes 49 seconds West a distance of 179.22 feet to a point; thence North 67 degrees 37 minutes 30 seconds West a distance of 90.61 feet to a point, Thence North 22 degrees 29 minutes 28 seconds East a distance of 287.29 feet to a point, Thence South 67 degrees 31 minutes 08 seconds East a distance of 88.27 to the "point of beginning," containing approximately 26,674 square feet or 0.612acres.

§ 2. Upon sufficient information presented to the Marine Resources Commission that (i) the party to be conveyed the parcels described in § 1 was not responsible for any unauthorized filling of subaqueous land, (ii) any subaqueous land described in § 1 that has been filled was filled prior to January 1, 2006, and (iii) the party identified in § 1 has paid real property taxes on the subaqueous land described in § 1 during the time the parcels were held or purported to be held by the party, the Marine Resources Commission shall, as a matter of equity, consider the prior payment of such real property taxes as satisfaction of the fair market value for such parcels.

§ 3. The Marine Resources Commission may charge a reasonable fee for the cost of preparing any instrument required to accomplish the conveyances.