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To accept a quitclaim deed from the School Board conveying a portion of 1211 Jahnke Road and commonly known as Westover Park to the City and to authorize the Chief Administrative Officer to act on behalf of the City in executing such deed. (4th District)
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WHEREAS, section 22.1-129 of the Code of Virginia (1950), as amended, provides for a school board to convey title to real property owned by the school board for which the school board has determined that it has no use to the city comprising the school division by adopting a resolution that such real property is surplus and recording such resolution along with the deed to the property with the clerk of the circuit court for the city where such property is located; and
WHEREAS, section 15.2-1803 of the Code of Virginia (1950), as amended, provides that no deed purporting to convey real estate to a locality shall be valid unless accepted by the locality and executed by a person authorized to act on behalf of the locality; and
WHEREAS, by adopting a resolution dated November 11, 2024, the School Board of the City of Richmond declared that a portion of the real property located at 1211 Jahnke Road and commonly known as Westover Park in the city, and more particularly shown as “Propose[d] New Lot 1A,” on a plat entitled “Sub-division Survey on the Property of City of Richmond School Board, Deed Book 214 Page 345, Parcel ID: S0060293007, 1211 Jahnke Road, Richmond, VA, 23225, City of Richmond, VA,” prepared by Cardinal Civil Resources, and dated June 28, 2024, a copy of which is attached to and made a part of this Ordinance, was surplus; and
WHEREAS, the School Board is expected to deliver a quitclaim deed memorializing the conveyance of every interest it may have in the portion of real property located at 1211 Jahnke Road commonly known as Westover Park and more particularly shown as “Propose[d] New Lot 1A,” on a plat entitled “Sub-division Survey on the Property of City of Richmond School Board, Deed Book 214 Page 345, Parcel ID: S0060293007, 1211 Jahnke Road, Richmond, VA, 23225, City of Richmond, VA,” prepared by Cardinal Civil Resources, and dated June 28, 2024, a copy of which is attached to and made a part of this Ordinance; and
WHEREAS, the School Board’s resolution provides that the following conditions shall be incorporated into the quitclaim deed: that (i) Westover Hills Elementary School students shall have priority access to the park for outdoor learning during normal school and after school program hours; (ii) the City shall upgrade the fencing around the back part of the school, which abuts the baseball field; and (iii) the transferred real property reverts back to the School Board if such real property is not being used and owned by a public body, all as more particularly provided in the quitclaim deed, substantially in the form of the quitclaim deed attached to this ordinance and incorporated herein; and
WHEREAS, in conformance with section 15.2-1803 of the Code of Virginia (1950), as amended, the City Council desires to accept from the School Board the conveyance of every interest the School Board might have in the portion of real property located at 1211 Jahnke Road commonly known as Westover Parkand more particularly shown as “Propose[d] New Lot 1A,” on a plat entitled “Sub-division Survey on the Property of City of Richmond School Board, Deed Book 214 Page 345, Parcel ID: S0060293007, 1211 Jahnke Road, Richmond, VA, 23225, City of Richmond, VA,” prepared by Cardinal Civil Resources, and dated June 28, 2024, a copy of which is attached to and made a part of this Ordinance, and to authorize the execution of the deed by the Chief Administrative Officer;
NOW, THEREFORE,
THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That (i) the City hereby accepts the deed from the School Board conveying every interest it might have in the portion of real property located at 1211 Jahnke Road and commonly known as Westover Park, and more particularly shown as “Propose[d] New Lot 1A,” on a plat entitled “Sub-division Survey on the Property of City of Richmond School Board, Deed Book 214 Page 345, Parcel ID: S0060293007, 1211 Jahnke Road, Richmond, VA, 23225, City of Richmond, VA,” prepared by Cardinal Civil Resources, and dated June 28, 2024, a copy of which is attached to and made a part of this Ordinance, provided such deed is in a form approved by the City Attorney, (ii) the Chief Administrative Officer is hereby authorized to act on behalf of the City in executing such deed, (iii) the Chief Administrative Officer’s signature on the deed shall be deemed acceptance by the City of such deed and (iv) the Chief Administrative Officer, with the assistance of the City Attorney, is hereby authorized to take such other actions as may be necessary to complete the conveyance of every interest the School Board might have in the portion of real property located at 1211 Jahnke Road and commonly known as Westover Park by the School Board to the City.
§ 2. This ordinance shall be in force and effect upon adoption.