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3 <br /> Mr. Lynch thanked the Commission for its work, especially with workforce <br />development for youth. <br /> <br /> Dr. Brown said he previously served on a Commission subcommittee, and feels <br />that the Commission is in good hands with Acting Director Gretchen Ellis, following the <br />resignation of former Director Saphira Baker. <br /> <br />RESOLUTION <br />: CONDEMNATION FOR SEWER EASEMENT ACROSS VACANT <br />TH <br />LOTS ON 5 STREET EXTENDED <br /> <br />th <br /> Mr. Brown said that a 20 foot wide easement is needed on 5 Street and all but <br />two property owners have conveyed an easement to the City. He said negotiations have <br />taken place with the remaining two property owners for six months, and there is now a <br />need to move forward. <br /> <br /> Responding to a question from Mr. Schilling, Mr. Brown said that there was an <br />error in the appraisal of the second property owner and that is being revised prior to <br />making an offer. <br /> <br /> On motion by Mr. Caravati, seconded by Mr. Lynch, the Resolution Authorizing <br />th <br />Condemnation for a Sewer Easement Across Vacant Lots on 5 Street Extended was <br />approved by the following vote. Ayes: Dr. Brown, Mr. Caravati, Ms. Hamilton, Mr. <br />Lynch, Mr. Schilling. Noes: None. <br /> <br />WHEREAS <br />, the City of Charlottesville intends to construct certain sanitary <br />sewer facilities from Mulberry Avenue to Fifth Street (“Stadium Sanitary Sewer <br />Collector Project”) and has acquired 85% of the easements necessary for such work to <br />begin; and, <br /> <br />WHEREAS <br />, the City of Charlottesville needs to acquire a twenty-foot (20’) wide <br />easement (“Easement”) for the installation, maintenance and repair of said sanitary sewer <br />facilities across property identified as Parcels 183, 184 and 185 on City Real Property <br />Tax Map 22B, shown on the attached plat made by Roudabush, Gale & Associates, dated <br />March 9, 2005; and, <br /> <br />WHEREAS <br /> , the City has retained a professional real estate appraiser to <br />determine the fair market value of the Easement, has provided the owner with a copy of <br />that appraisal with an explanation of the factual basis for the value determined, and has <br />made a bona fide effort to purchase the Easement for its fair market value as established <br />in the appraisal; and, <br /> <br />WHEREAS <br /> , the owner of the property has declined the City’s offer, further <br />negotiations for the acquisition of the Easement have been ineffectual and the parties <br />have been unable to agree on the compensation to be paid for the Easement; and, <br /> <br />WHEREAS <br /> , the original sewer has been covered by up to 20 feet of additional <br />fill due to the construction of Fifth Street in the early 1970’s, and due to this current <br />topography of the land, the proposed sanitary sewer facilities cannot be practically re- <br />routed to avoid installation across the property identified above; and, <br /> <br />WHEREAS <br />, there is no reasonable alternative to acquisition of the Easement, <br />and the City of Charlottesville has no recourse but to acquire the Easement for the <br />proposed public use through the exercise of its power of eminent domain, as authorized <br />by law. <br /> <br />NOW, THEREFORE, BE IT RESOLVED <br /> , by the Council for the City of <br />Charlottesville, Virginia that (i) the proposed Stadium Sanitary Sewer Project is for a <br />public use and is hereby approved; and (ii) the acquisition of the Easement for that <br />purpose fulfills a public purpose and necessity; and, <br /> <br />BE IT FURTHER RESOLVED <br /> by the Council for the City of Charlottesville, <br />Virginia that the City Attorney is hereby authorized and directed to institute eminent <br /> <br />