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To declare a public necessity for and to authorize the Chief Administrative Officer to acquire by gift, purchase, condemnation, or otherwise certain fee simple interests, temporary construction easements, permanent drainage easements, and permanent utility easements, for the transportation improvements as part of James River Branch Trail Project from 49th street to its intersection with Hopkins Road.
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WHEREAS, in the opinion of the Council of the City of Richmond, a public necessity exists for the acquisition of certain fee simple interests, temporary construction easements, permanent drainage easements, and permanent utility easements, on the properties identified as Parcel Nos. 023, 073, 097, 099, 122, 123, and 124 on “James River Branch - Rail to Trail Greenway Project, Preliminary Right of Way Data Sheet,” and more particularly described and shown on sheets 1 through 8 of drawing No. B-29111 entitled “Proposed Acquisitions of Right of Way and/or Easements for James River Branch Trail Improvements from Westover Hills Blvd. to Hopkins Road,” prepared by H&B Surveying and Mapping, LLC, with sheets 1 through 3 and 6 through 8, dated June 14, 2024, and last revised June 28, 2024, and sheets 4 through 5 dated May 3, 2024, and last revised June 14, 2024, copies of which are attached to and made a part of this ordinance, for the purpose of constructing transportation improvements as part of the James River Branch Trail Project from 49th street to its intersection with Hopkins Road;
NOW, THEREFORE,
THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That a public necessity exists for the acquisition of certain fee simple interests, temporary construction easements, permanent drainage easements, and permanent utility easements, on properties identified as Parcel Nos. 023, 073, 097, 099, 122, 123, and 124, on “James River Branch - Rail to Trail Greenway Project, Preliminary Right of Way Data Sheet,” and more particularly described and shown on sheets 1 through 8 of drawing No. B-29111 entitled “Proposed Acquisitions of Right of Way and/or Easements for James River Branch Trail Improvements from Westover Hills Blvd. to Hopkins Road,” prepared by H&B Surveying and Mapping, LLC, with sheets 1 through 3 and 6 through 8, dated June 14, 2024, and last revised June 28, 2024, and sheets 4 through 5 dated May 3, 2024, and last revised June 14, 2024, copies of which are attached to and made a part of this ordinance, and hereinafter referred to, collectively, as “the Property,” for the purpose of constructing transportation improvements as part of the James River Branch Trail Project from 49th street to its intersection with Hopkins Road.
§ 2. That the lump sum of the total funds necessary to compensate the owners of the Property is $35,600.00, as more particularly set forth on the “Preliminary Right of Way Data Sheet” attached to and made a part of this ordinance. Such funds shall be deposited with the Clerk of the Circuit Court of the City of Richmond upon adoption of this ordinance.
§ 3. That the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, be and is hereby authorized and directed to, within the constraints imposed by this ordinance, (i) acquire, by gift, purchase, condemnation or otherwise, the aforementioned Property (ii) act for and on behalf of the City of Richmond in agreeing or disagreeing with the owners of the Property upon the compensation to be paid therefor, and (iii) to execute the deeds and other documents necessary to complete the acquisition and acceptance of such Property provided that all such deeds and other documents first must be approved as to form by the City Attorney.
§ 4. The authority conferred in section 3 of this ordinance to acquire the Property by undertaking appropriate condemnation proceedings shall be exercised in the manner prescribed by Section 18.03 of the Charter of the City of Richmond, for the purpose of constructing transportation improvements as part of the James River Branch Trail Project from 49th street to its intersection with Hopkins Road.
§ 5. This ordinance shall be in force and effect upon adoption.