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File #: ORD. 2022-111    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 4/11/2022 In control: City Council
On agenda: 4/25/2022 Final action: 4/25/2022
Title: To amend Ord. No. 2019-084, adopted Apr. 8, 2019, as previously amended by Ord. No. 2020-040, adopted Feb. 24, 2020, and Ord. No. 2020-169, adopted Sept. 14, 2020, which declared that a public necessity exists and to authorize the acquisition of certain fee simple interests and easements for the public purpose of constructing multimodal transportation and drainage improvements along Hull Street Road between its intersection with Hey Road and its intersection with Warwick Road, to authorize the acquisition of additional fee simple and easement interests for the project.
Patrons: Mayor Stoney
Attachments: 1. Ord. No. 2022-111, 2. Staff Report

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To amend Ord. No. 2019-084, adopted Apr. 8, 2019, as previously amended by Ord. No. 2020-040, adopted Feb. 24, 2020, and Ord. No. 2020-169, adopted Sept. 14, 2020, which declared that a public necessity exists and to authorize the acquisition of certain fee simple interests and easements for the public purpose of constructing multimodal transportation and drainage improvements along Hull Street Road between its intersection with Hey Road and its intersection with Warwick Road, to authorize the acquisition of additional fee simple and easement interests for the project.

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THE CITY OF RICHMOND HEREBY ORDAINS:

 

             I.     That Ordinance No. 2019-084, adopted April 8, 2019, as previously amended by Ordinance No. 2020-040, adopted February 24, 2020, and Ordinance No. 2020-169, adopted September 14, 2020, is hereby amended and reordained as follows:

WHEREAS, in the opinion of the Council of the City of Richmond, a public necessity exists for the acquisition of certain fee simple interests, permanent drainage easements, permanent utility easements, permanent water easements, and temporary construction easements, each hereinafter referred to as an “Interest” and all hereinafter referred to as the “Interests,” as shown on sheets [1] 3 through [64] 65 of a drawing designated as DPW Drawing No. O-28709, [dated January 22, 2019] with each sheet dated as shown on Attachment A to this ordinance dated April 11, 2022, and entitled “Plat Showing Proposed Acquisitions of Right of Way and/or Easements for Hull Street Road Improvements from Just West of Hey Road to Warwick Road,” [with sheets 6, 29, 31, 45, 48, 49A, 49B, 51, 57, and 62 thereof being replaced by sheets 4, 16, 17, 19, 21, 23, 47, 50A, and 50B of a drawing designated as DPW Drawing No. O-28709, dated May 4, 2020, and entitled “Plat Showing Proposed Acquisitions of Right of Way and/or Easements for Hull Street Road Improvements from Just West of Hey Road to Warwick Road,”] for the public purpose of constructing multimodal transportation and drainage improvements along Hull Street Road between its intersection with Hey Road and its intersection with Warwick Road;

NOW, THEREFORE,

THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That a public necessity exists for the acquisition of the Interests as shown on sheets [1] 3 through [64] 65 of a drawing designated as DPW Drawing No. O-28709, [dated January 22, 2019] with each sheet dated as shown on Attachment A to this ordinance dated April 11, 2022, and entitled “Plat Showing Proposed Acquisitions of Right of Way and/or Easements for Hull Street Road Improvements from Just West of Hey Road to Warwick Road,” copies of which sheets are attached to and hereby incorporated into [Ordinance No. 2019-084, adopted April 8, 2019, with sheets 6, 29, 31, 45, 48, 49A, 49B, 51, 57, and 62 thereof being replaced by sheets 4, 16, 17, 19, 21, 23, 47, 50A, and 50B of a drawing designated as DPW Drawing No. O-28709, dated May 4, 2020, and entitled “Plat Showing Proposed Acquisitions of Right of Way and/or Easements for Hull Street Road Improvements from Just West of Hey Road to Warwick Road,” copies of which sheets are attached to and hereby incorporated into] this amendatory ordinance, for the public purpose of constructing multimodal transportation and drainage improvements along Hull Street Road between its intersection with Hey Road and its intersection with Warwick 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 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 other documents necessary to complete the acquisition and acceptance of such Interests, 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 in the event the City cannot agree with any owner of an Interest to be acquired pursuant to this ordinance on the terms of 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 purpose of constructing multimodal transportation and drainage improvements along Hull Street Road between its intersection with Hey Road and its intersection with Warwick Road.

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

II.                     This amendatory ordinance shall be in force and effect upon adoption.