File #: ORD. 2022-285    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 10/10/2022 In control: City Council
On agenda: 11/14/2022 Final action: 11/14/2022
Title: To declare that a public necessity exists and to authorize the acquisition by gift, purchase, condemnation or otherwise, permanent utility easements for the public purpose of facilitating the construction, operation, and maintenance of the Robin Road sewer replacement project.
Patrons: Mayor Stoney
Attachments: 1. Ord. No. 2022-285, 2. Staff Report

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To declare that a public necessity exists and to authorize the acquisition by gift, purchase, condemnation or otherwise, permanent utility easements for the public purpose of facilitating the construction, operation, and maintenance of the Robin Road sewer replacement project.

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WHEREAS, in the opinion of the City Council of the City of Richmond, a public necessity exists for the acquisition of permanent utility easements, each hereinafter referred to as an “Easement” and all hereinafter referred to as the “Easements” as shown on a plat entitled  “Easement Plat Showing Two Temporary Construction Easements & a Permanent Utility Easement for Sanitary Sewer Across Parcel ID: W0210471002 (4 Robin Road), City of Richmond, Virginia,” prepared by H & B Surveying and Mapping, LLC, and dated October 7, 2020, and entitled “Easement Plat Showing Two Temporary Construction Easements & a Permanent Utility Easement for Sanitary Sewer Across Parcel ID: W0210471004 (17 Robin Road), City of Richmond, Virginia,” prepared by H & B Surveying and Mapping, LLC, and dated October 7, 2020,  copies of which are attached to and made a part of this ordinance, for the public purpose of facilitating the construction, operation, and maintenance of the Robin Road sewer replacement project;

NOW, THEREFORE,

THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That a public necessity exists for the acquisition of the Easements as shown on a plat entitled  “Easement Plat Showing Two Temporary Construction Easements & a Permanent Utility Easement for Sanitary Sewer Across Parcel ID: W0210471002 (4 Robin Road), City of Richmond, Virginia,” prepared by H & B Surveying and Mapping, LLC, and dated October 7, 2020, and entitled “Easement Plat Showing Two Temporary Construction Easements & a Permanent Utility Easement for Sanitary Sewer Across Parcel ID: W0210471004 (17 Robin Road), City of Richmond, Virginia,” prepared by H & B Surveying and Mapping, LLC, and dated October 7, 2020,  copies of which are attached to and made a part of this ordinance, for the public purpose of facilitating the construction, operation, and maintenance of the Robin Road sewer replacement project.

§ 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 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 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 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 in the event the City cannot agree with any owner of an Easement to be acquired pursuant to this ordinance on the terms of purchase thereof, the City Attorney is authorized to acquire the Easement by undertaking appropriate condemnation proceedings to exercise the City’s power of eminent domain for the purpose of facilitating the construction, operation, and maintenance of the Robin Road sewer replacement project.

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