Legislation Details

File #: ORD. 2026-200    Version: 1 Name:
Type: Ordinance Status: Consent Agenda
File created: 3/17/2026 In control: Planning Commission
On agenda: 10/6/2026 Final action:
Title: To declare that a public necessity exists and to authorize the acquisition of certain permanent crossing and sidewalk easements and temporary construction easements for the public purpose of constructing and operation of multimodal transportation improvements along Commerce Road crossing the CSX and Virginia Passenger Rail Authority right of way between Deepwater Terminal Road Extended and Bellemeade Road.
Patrons: Mayor Avula
Attachments: 1. Ord. No. 2026-200

 

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To declare that a public necessity exists and to authorize the acquisition of certain permanent crossing and sidewalk easements and temporary construction easements for the public purpose of constructing and operation of multimodal transportation improvements along Commerce Road crossing the CSX and Virginia Passenger Rail Authority right of way between Deepwater Terminal Road Extended and Bellemeade 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 permanent crossing and sidewalk easements and temporary construction easements for the public purpose of constructing and operation of multimodal transportation improvements , as shown on a plat labeled as Exhibit A in the Deed of Temporary Easement and entitled “Plat to Accompany Legal Descriptions, Temporary Construction Easements at the Intersection of Commerce road and CSX Railroad, City of Richmond, Virginia,” prepared by JMT, and dated April 3, 2026, and a plat labeled as Exhibit B in the Deed of Easement and entitled “Plat to Accompany Legal Descriptions, Permanent Roadway Easement and Permanent Sidewalk Easement at the Intersection of Commerce Road and CSX Railroad, City of Richmond, Virginia,” prepared by JMT, and dated April 3, 2026, for the public purpose of constructing and operation of multimodal transportation improvements along Commerce Road between its intersection with Deepwater Terminal Extended and its intersection with Bellemeade Road;

NOW, THEREFORE,

THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1                     That a public necessity exists for the acquisition of certain permanent crossing and sidewalk easements and temporary construction easements for the public purpose of constructing and operation of multimodal transportation improvements , as shown on plats prepared by JMT, dated Apri 3, 2026, entitled “Plat to Accompany Legal Descriptions, Temporary Construction Easements at the Intersection of Commerce road and CSX Railroad, City of Richmond, Virginia,” and “Plat to Accompany Legal Descriptions, Permanent Roadway Easement and Permanent Sidewalk Easement at the Intersection of Commerce Road and CSX Railroad, City of Richmond, Virginia,” for the public purpose of constructing multimodal transportation and drainage improvements along Commerce Road between its intersection with Deepwater Terminal Extended and its intersection with Bellemeade Road.

§ 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 permanent crossing and sidewalk easements and temporary construction easements , (ii) act for and on behalf of the City of Richmond in agreeing or disagreeing with the owners of the properties from whom such permanent crossing and sidewalk easements and temporary construction easements  must be acquired 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 temporary construction easements, and permanent crossing and sidewalk easements, provided that all such deeds and other documents first must be approved as to form by the City Attorney or the designee thereof.

§ 3.                     That none of the aforementioned permanent crossing and sidewalk easements and temporary construction easements may be acquired by condemnation proceedings unless and until such condemnation proceedings have been authorized by ordinance adopted by this Council.

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

 

 

O&R REQUEST

 

DATE:                      June 11, 2026                                                                                                         EDITION:                     1

 

TO:                       The Honorable Members of City Council

 

THROUGH:                     The Honorable Dr. Danny Avula, Mayor

 

THROUGH:                     Odie Donald II, Chief Administrative Officer

 

THROUGH:                     Alfred L. Wiggins, DCAO for Operations

THROUGH:  Bobby Vincent Jr.; Director of Public Works

 

FROM:                     M.S. Khara, P.E.; City Engineer

 

RE:                 TO DECLARE a PUBLIC necEssity of acquisition and to authorize the chief administrative officer (CAO) or designee thereof, to acquire all TEMPORARY AND PERMANENT CROSSING easements from CSX/VPRA (virginia PASSENGER RAIL AUTHORITY) required for construction AND OPERATION of mulitmodal improvements on commerce road from DEEPWATER TERMINAL road EXTENDED to bellemeade road.

 

ORD. OR RES. No.                                          

 

 

PURPOSE:  To declare that a public necessity of acquisition and to authorize the Chief Administrative Officer (CAO) or designee thereof, to acquire all temporary and permanent crossing easements from CSXT/VPRA (Virginia Passenger Rail Authority) required for the construction and operation of multimodal improvements on Commerce Road from Deepwater Terminal Rd Extended to Bellemeade Road

 

BACKGROUND: During scheduling of the upgrade to the railroad crossing, CSXT required an easement for the road crossing.  Based on available records, the railroad has prior rights, so the City began negotiating an easement agreement.  During negotiations, CSXT sold the eastern half of their right of way to VPRA for purposes of high-speed rail.  The City then entered discussions with VPRA.  From these negotiations, the agreement for a revokable permanent easement for the at-grade Commerce Rd crossing was developed as shown in the Attachment A and Temporary Construction Easements as shown in Attachment B. The cost of the easements is $37,357 which is covered in the project budget.

 

The Commerce Road Improvement Project is under construction and scheduled to be completed in the Summer of 2026.  The project consists of pavement rehabilitation, drainage improvements, railroad crossing upgrades, landscaping, sidewalk improvements, streetlights and the installation of a new bridge over Goodes Creek. 

 

COMMUNITY ENGAGEMENT: Additional public hearing/engagements that will be through the City Planning Commission (CPC) meeting on this Ordinance request.

 

STRATEGIC INITATIVES ALIGNMENT:  Transportation projects receiving funds from VDOT will improve the city’s streets, bridge to expand the connectivity and enhance the safety to the pedestrian and vehicular users.

 

FISCAL IMPACT: $37,357.00 anticipated easement acquisition cost.  All costs are included in the previously adopted project budget.

 

DESIRED EFFECTIVE DATE: Upon Adoption.

 

REQUESTED INTRODUCTION DATE: June 22, 2026.

 

CITY COUNCIL PUBLIC HEARING DATE:  July 27, 2026

 

REQUESTED AGENDA: Consent Agenda.

 

RECOMMENDED COUNCIL COMMITTEE: City Planning Commission.

 

AFFECTED AGENCIES: Department of Public Works; Law Department; Budget & Strategic Planning; Chief Administrative Office; Deputy Chief Administrative Office of Operations; Copies also sent to: City Mayor (Dr. Danny Avula); and City Attorney (2).

 

RELATIONSHIP TO EXISTING ORD. OR RES.: Ordinance No. 2016-027.

 

ATTACHMENTS:                       

Attachment A - Deed of Temporary Easement for Commerce Road crossing CSXT and VPRA

Attachment B - Deed of Easement for Commerce Road crossing CSXT and VPRA

 

STAFF:                       Lamont L. Benjamin, P.E.; Capital Projects Administrator 804-646-6339.

Thomas A. Westbrook, P.E.; Project Manager 804-646-3421