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File #: ORD. 2021-357    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 12/14/2021 In control: City Council
On agenda: 1/18/2022 Final action: 1/24/2022
Title: To close, to public travel, an unimproved portion of Hanover Avenue in the block bounded by Three Chopt Road and the City's corporate boundary with Henrico County, consisting of 6,219? square feet, and to designate and incorporate such portion of Hanover Avenue into Bandy Field Park. (1st District)
Patrons: Mayor Stoney
Attachments: 1. Ord. No. 2021-357, 2. Staff Report Hanover Ave Easement Vacation

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To close, to public travel, an unimproved portion of Hanover Avenue in the block bounded by Three Chopt Road and the City’s corporate boundary with Henrico County, consisting of 6,219± square feet, and to designate and incorporate such portion of Hanover Avenue into Bandy Field Park. (1st District)

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WHEREAS, pursuant to Ordinance No. 2014-028-35, adopted March 24, 2014, the City granted a conservation and open-space easement (hereinafter referred to as “the Conservation Easement”) for the City-owned property generally known as Bandy Field Park to the Friends of Bandy Field, Inc.; and

                     WHEREAS, by Resolution No. 2020-R067, the Council requested, in part, that the Chief Administrative Officer cause the planned, but not constructed streets that are currently excluded from the Conservation Easement to be extinguished and incorporated into Bandy Field Park;

NOW, THEREFORE,

THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That

(a)                     pursuant to the authority granted to the City by section 2.03(b) of the Charter of the City of Richmond (2020), as amended, and notwithstanding any provision of Chapter 24, Article IV of the Code of the City of Richmond (2020), as amended, to the contrary, an unimproved portion of Hanover Avenue in the block bounded by Three Chopt Road and the City’s corporate boundary with Henrico County, consisting of approximately 6,219 square feet, as shown enclosed with bold lines on a drawing prepared by the Department of Public Works, designated as DPW Drawing No. N-28975, dated October 8, 2021, and entitled “Proposed Closing to Public Use and Travel of Hanover Avenue between Three Chopt Road and City’s Corporate Limits with Henrico County,” a copy of which drawing is attached to this ordinance, is hereby closed to public travel as a right-of-way of the City of Richmond.

(b)                     Such street, as presently existing, is deemed to be no longer needed for the public convenience for use as a street, there existing a superseding public need in connection with the establishment of park property for public purposes and uses incidental thereto.

(c)                     The street closed to public travel by this section 1 shall not be deemed abandoned by the City, as such property is necessary for the public park purposes referenced above and shall be converted to appropriate public use in connection therewith.

§ 2.                     That this ordinance, as to the closing to public travel of the street identified in subsection (a) of section 1 of this ordinance, shall become effective only when the Department of Public Works has made arrangements satisfactory to public utility or public service corporations whose properties or facilities are in the right-of-way area to be closed, if any, 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.

§ 3.                     That, at such time as this ordinance becomes effective, the unimproved portion of Hanover Avenue described in subsection (a) of section 1 of this ordinance shall be designated and incorporated into Bandy Field Park and placed into the City’s park system. 

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