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File #: ORD. 2020-216    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 9/29/2020 In control: City Council
On agenda: 10/19/2020 Final action: 11/9/2020
Title: To close, to public use and travel, Anderson Street and an east-west alley that bisects Anderson Street located at the northwest corner of the intersection of Government Road and Glenwood Avenue consisting of 18,660? square feet, upon certain terms and conditions.
Patrons: Mayor Stoney (By Request)
Attachments: 1. Ord. No. 2020-216, 2. Staff Report, 3. Map

Title

To close, to public use and travel, Anderson Street and an east-west alley that bisects Anderson Street located at the northwest corner of the intersection of Government Road and Glenwood Avenue consisting of 18,660± square feet, upon certain terms and conditions.

Body

THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That a right-of-way area comprised of Anderson Street and an east-west alley that bisects Anderson Street located at the northwest corner of the intersection of Government Road and Glenwood Avenue, consisting of approximately 18,660 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-28893, dated August 12, 2020, and entitled “Proposed Closing to Public Use & Travel of  Anderson Street and an East/West Alley That Bisects Anderson St, Located at TThe [sic] Northwest Corner of the Intersection of Government Road and Glenwood Avenue,” hereinafter referred to as the “Drawing,” a copy of which is attached to this ordinance.

§ 2.                     That this ordinance, as to the closing of the right-of-way area identified in section 1 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 18 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 (2015), 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.

(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 of whatsoever nature and hold the City harmless therefrom.

(d)                     The applicant pays the City the sum of $73,580.40 for the right-of-way area to be closed.  This condition is satisfied when all abutting property owners execute an agreement to purchase the right-of-way area to be closed, with such agreement being in accordance with section 15.2-2008 of the Code of Virginia (1950), as amended, and approved as to form and legality by the City Attorney.  If any property owner fails to make the payment for such owner’s fractional portion within one year of the date of adoption of this ordinance, then the closing shall be null and void.

(e)                     The applicant submits and obtains approval by the Director of Planning and Development Review a plan of development, pursuant to Chapter 30, Article X, Division 4 of the Code of the City of Richmond (2015), as amended, for the construction of the improvements on the site. If the Director of Planning and Development Review disapproves the plan of development, this ordinance shall be void.

(f)                     The applicant agrees in a writing approved as to form by the City Attorney to remove all cobblestones, bricks, granite curbs, and other infrastructure materials from the right-of-way area to be closed and delivers all such cobblestones, bricks, granite curbs, and other infrastructure materials in an undamaged and cleaned condition to a location to be determined by the Director of Public Works.

(g)                     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 the City shall retain a public utility easement within the alley to be closed, as shown in hatched lines in the Drawing.  The maximum extent of the easement, consisting of approximately 7,696 square feet, is shown hatched on the Drawing.  The Director of Public Utilities may approve the City’s vacation of the easement if the Director determines that the easement is no longer necessary to satisfy the requirements of the Department of Public Utilities.  The retention of the easement and any vacation thereof shall be only by deed approved as to form by the City Attorney.

§ 4.                     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 area other than that expressly retained under the provisions of this ordinance or granted to satisfy the terms and conditions set out in this ordinance.

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