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AN ORDINANCE AUTHORIZING THE EXCHANGE OF PORTIONS OF THE CLEVELAND AVENUE AND FIFTH STREET, S.W. RIGHTS -OF -WAY FOR PARCELS OF LAND OWNED BY FIFTH STREET ASSOCIATES, LLC ALONG CLEVELAND AVENUE AND FIFTH STREET, S.W. WHEREAS, Fifth Street Associates, LLC has submitted a site plan for a planned unit development called Johnson Village, Phase 3 (The Beacon on 5 th ), encompassing property along Cleveland Avenue and 5 th Street, S.W.; and WHEREAS , the site plan proposes certain improvements to the existing Cleveland Avenue and 5 th Street, S.W. by dedicating two (2) parcels of land (Parcel B, 1,864 square feet, and Parcel C, 1,812 square feet) to the City of Charlottesville in exchange for conveyance of three (3) parcels of City land (Parcel A, 5,163 square feet; Parcel D, 77 square feet; and Parcel E, 110 square feet) to Fifth Street Associates, as shown on a plat dated October 19, 2017 by Roudabush, Gale & Associates, Inc. (the “Plat”); and WHEREAS , Parcels B and C shown on the Plat would be dedicated as City right -of -way along Cleveland Avenue and 5 th Street, S.W.; Parcel A would be combined with Tax Map Parcel 22B350000; and Parcels D and E would be combined with Tax Map Parcel 22B1 79000; and WHEREAS , the conveyance of the City -owned rights -of -way (Parcels A, D and E) will promote certain elements of City Council’s Strategic Plan (Quality Housing Opportunities); and WHEREAS, in accordance with Virginia Code Section 15.2 -1800(B), a public hearing was held to give the public an opportunity to comment on the proposed conveyance of the City property; and, WHEREAS, the Department of Neighborhood Development Services, the Public Utilities Director, and the Public Works Director have revi ewed the proposed exchange of land and have no objection thereto; now, therefore, BE IT ORDAINED by the Council for the City of Charlottesville, Virginia that the Mayor is authorized to execute a Deed of Exchange, in form approved by the City Attorney, to convey the above -described portions of right -of -way (Parcels A, D and E) to Fifth Street Associates, LLC, shown on the attached Plat, and to accept on behalf of the City the above -described land (Parcels B and C) to be dedicated as public right -of -way. Th e City Attorney is hereby authorized to take whatever steps are necessary to effect the closing of said property exchange.