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To close to public use and travel a portion of public right-of-way located on the west side of Pear Street at its intersection with East Cary Street, consisting of 842 ± square feet, upon certain terms and conditions. (7th District)
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THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That a portion of the west side of Pear Street located at its intersection with East Cary Street, consisting of approximately 842 square feet, is hereby closed to public use and travel as a right-of-way of the City of Richmond, as shown enclosed with bold lines on a drawing prepared by the Department of Public Works, designated as DPW Drawing No. N-29091, dated January 22, 2024, and entitled “Proposed Closing to Public Use and Travel of a Portion of Public Right of Way Located on the West Side of Pear Street at the Intersection with East Cary Street,” hereinafter referred to as “the Drawing,” a copy of which drawing is attached to this ordinance.
§ 2. That this ordinance, as to the closing of the right-of-way identified above, shall be in force as provided in section 4.09 of the Charter of the City of Richmond (2020), as amended, and shall become effective only when, within 24 months from the day this ordinance is adopted:
(a) The applicant obtains consent to the closing from each of the owners of land, buildings or structures from whom consent is required under section 24-314 of the Code of the City of Richmond (2020), as amended, which consents shall be in writing, approved as to form by the City Attorney, and filed in the office of the City Clerk.
(b) The applicant makes arrangements satisfactory to public utility or public service corporations whose properties or facilities are in the right-of-way area to be closed either for the removal, relocation or abandonment thereof or for the construction, reconstruction, maintenance and repair thereof, evidence of which shall be in writing, approved as to form by the City Attorney, and filed in the office of the City Clerk. If the applicant submits to the Chief Administrative Officer a writing indicating the applicant’s decision not to relocate the utilities in the right-of-way area to be closed, the applicant shall grant to the City an easement over the subject area, which easement shall be defined on a plat provided by the applicant and approved by the Director of Public Works. In such case, the Chief Administrative Officer shall be authorized to accept the dedication of such easement, provided that the easement shall be approved as to form by the City Attorney.
(c) The applicant bears all costs associated with the closing, including, but not limited to, realignment, relocation or removal of utilities or infrastructure, installation of new utilities or infrastructure, new or revised street name or directional signs, streetlights, and similar infrastructure, as required by City agencies, and agrees in writing with the City that, for itself, its successors and its assigns, they shall indemnify, reimburse, and keep and hold the City free and harmless from liability on account of injury or damage to persons, firms, corporations or property, which may result directly or indirectly from the closing of the right-of-way to public use and travel by this ordinance and from the interference with the drainage, flow or overflow of surface or subsurface water resulting directly or indirectly therefrom; and in the event that any suit or proceeding is brought against the City at law or in equity, either independently or jointly with the owner or owners of all the property abutting the aforesaid alleys, or any of them, on account thereof, they shall defend the City in any such suit or proceeding at their cost; and in the event of a final judgment or decree being obtained against the City, either independently or jointly with the property owner or owners granting consent for the aforesaid right-of-way to be closed to public use and travel, they shall pay such judgment or comply with such decree including payment of all costs and expenses or whatsoever nature and hold the City harmless therefrom.
(d) The City retains the public easement for pedestrian access of approximately 54 square feet, as shown cross-hatched on the Drawing, over the northern-most portion of the right-of-way area to be closed and, additionally, the applicant causes the dedication of the public easement for pedestrian access of approximately 825 square feet, as shown hatched on the Drawing, generally along the entire length of the northern boundary of the property located at 2723 East Cary Street, and identified as Tax Parcel No. E000-0443/001 in the 2024 records of the City Assessor, each with improvements for pedestrian travel to be constructed therein, at the cost and expense of the applicant, subject to the approval of the Director of the Department of Public Works, or designee. The Chief Administrative Officer is hereby authorized to accept dedication of such easement or easements so long as the easement or easements shall be granted and conveyed by deed or deeds satisfactory to and approved as to form by the City Attorney.
(e) The applicant agrees in a writing approved as to form by the City Attorney that, if the applicant removes any cobblestones from the right-of-way area to be closed, the applicant shall deliver all such cobblestones in an undamaged and cleaned condition to a location to be determined by the Director of Public Works.
(f) The applicant satisfies all terms and conditions requisite for the closing of the right-of-way area to be closed by this ordinance and provides the Department of Planning and Development Review, the Office of the City Attorney, and the Office of the City Clerk with written evidence that all terms and conditions of this ordinance have been satisfied.
§ 3. That, at such time as this ordinance becomes effective, the City shall have no further right, title or interest in the closed right-of-way areas other than that expressly retained under provisions of this ordinance or granted to satisfy the terms and conditions set out in this ordinance.
§ 4. This ordinance shall be in force and effect only upon the satisfaction of the terms and conditions set out above.