File #: ORD. 2024-295    Version: 1 Name:
Type: Ordinance Status: Consent Agenda
File created: 11/13/2024 In control: City Council
On agenda: 12/9/2024 Final action:
Title: To declare a public necessity exists and to authorize the acquisition of certain fee simple interests and easements for the public purpose of facilitating the construction, operation, and maintenance of the Seaton Acres Drainage Improvement Project.
Patrons: Mayor Stoney
Attachments: 1. Ord. No. 2024-295, 2. Staff Report, 3. Supplemental Document, 4. Map

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To declare a public necessity exists and to authorize the acquisition of certain fee simple interests and easements for the public purpose of facilitating the construction, operation, and maintenance of the Seaton Acres Drainage Improvement Project.

 

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                     WHEREAS, in the opinion of the City Council of the City of Richmond, a public necessity exists for the acquisition of certain fee simple interests, temporary construction easements, and permanent drainage easements, each hereinafter referred to as an “Interest” and all hereinafter referred to as the “Interests,” as shown on the plats entitled “Plat Showing Variable Width Temporary Construction Easement on the Property of Robert Clark, 2705 McLeod Road, PID: C0080736022, City of Richmond, Virginia,” “Plat Showing Variable Width Temporary Construction Easement on the Property of Widmark & Debbie L Cadet, 5434 Kendall Road, PID: C0080694034, City of Richmond, Virginia,” and “Plat Showing Variable Width Temporary Construction Easements and Permanent Drainage Easements on the Property of Victoria A. Woodward, 5430 Snead Road, PID: C0080615022, City of Richmond, Virginia,” all prepared by Cardinal Civil Resources and all dated September 20, 2023, and last revised February 27, 2024, copies of which are attached to and made a part of this ordinance, for the public purpose of facilitating the construction, operation, and maintenance of the Seaton Acres Drainage Improvement Project;

NOW, THEREFORE,

THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That a public necessity exists for the acquisition of the Interests as shown on the plats entitled “Plat Showing Variable Width Temporary Construction Easement on the Property of Robert Clark, 2705 McLeod Road, PID: C0080736022, City of Richmond, Virginia,” “Plat Showing Variable Width Temporary Construction Easement on the Property of Widmark & Debbie L Cadet, 5434 Kendall Road, PID: C0080694034, City of Richmond, Virginia,” and “Plat Showing Variable Width Temporary Construction Easements and Permanent Drainage Easements on the Property of Victoria A. Woodward, 5430 Snead Road, PID: C0080615022, City of Richmond, Virginia,” all prepared by Cardinal Civil Resources and all dated September 20, 2023 and last revised February 27, 2024, copies of which are attached to and made a part of this ordinance, for the public purpose of facilitating the construction, operation, and maintenance of the Seaton Acres Drainage Improvement Project.

§ 2.                     That the Chief Administrative Officer, or the designee thereof, is hereby authorized and directed to, within the constraints imposed by this ordinance, (i) acquire, by gift, purchase, condemnation, or otherwise the aforementioned Interests, (ii) act for and on behalf of the City of Richmond in agreeing or disagreeing with the owners of the properties from whom such Interests must be acquired upon the compensation to be paid therefor, and (iii) to execute the deeds and the other documents necessary to complete the acquisition and acceptance of such Interests, provided that all such deeds and other documents must first be approved as to form by the City Attorney or the designee thereof.

§ 3.                     That, in the event the City cannot agree with any owner of an Interest to be acquired pursuant to this ordinance on the terms of the purchase thereof, the City Attorney is authorized to acquire such Interest by undertaking appropriate condemnation proceedings to exercise the City’s power of eminent domain for the public purpose of facilitating the construction, operation, and maintenance of the Seaton Acres Drainage Improvement Project.

§ 4.                     This ordinance shall be in full force and effect upon adoption.