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33O Resolution re: Between City of Charlottesville & Rivanna Water & Sewer Authority for an easement going across Pen Park Executive Session' On motion by Mr. Barbour, seconded by Mr. Gatewood the following resolution was unanimously adopted; provided it is approved by the Bureau of Outdoor Recreation. BE IT RESOLVED by the Council of the City of Charlottesville that the City hereby grants to the Rivanna Water and Sewer AUthority, a political subdivision of the Commonwealth of Virginia, a permit to accomplish the following project and such permit is subject to the conditions hereby stated: 1. The Rivanna Water and Sewer Authority, hereinafter referred to as the Authority, is granted permission to install, operate, maintain and repair a sanitary sewer (interceptor) in and across a certain parcel of real estate in Albemarle County owned by the City and known as Pen Park. The center line of said sewer is as shown on a plan prepared by John McNair and Associates, annexed hereto and made a part hereof. The area of construction is shaded in red on said plat. In addition, during the installation of said sewer, the Authority or its contractor is authorized to utilize an additional area on either side of the construction area to facilitate construction; such area being shaded in blue. 2. The following restrictions are hereby imposed on the Authority in its use of this permit: a. Prior to the initiation-of work, the City, through its Director of the Department of Parks and Recreation, in conjunction with representatives of the Authority and its consulting engineer and contractor, will identify certain valuable trees and other plants within the area shaded in blue which sahll be selected for preservation, and such trees or plants will be clearly marked. It is understood that the area shaded in red will be clear-cut. b. The Director of the Department of Parks and Recreation will also identify any unique microeco- systems within the area shaded in blue which should be preserved, if possible. c. The Authority will restore any structures and drainage facilities damaged or destroyed dUring construction. d. With the exception of a nature trail constructed and maintained by the City of approximately 15 feet in width following generally the course of the sewer line, the area disturbed by construction shall be restored to the extent possible to its pre- construction grade, and the area shall be reseeded and/or re-forested using plant species that shall be as mutually agreed between the Director afOresaid and the Authority. The nature trail will be so laid out by the City as to provide the Authority access to all manholes for routine inspections and maintenance. e. Upon completion of all work in the area, the line will be inspected by a representative of the Virginia Commission of Outdoor Recreation to ensure that construction and restoration has been completed in Conformity with the plans and~specifications and the terms of this permit. This permit shall remain in full force and effect so long as the Authority?'operates and maintains said sewer. A motion by Mr. Gatewood, seconded by Mr. Brunton that the Council meet in executive session to discuss a matter exempted by Section 2.1-344(a)(1) and Section 2.1-344(a)(6) of the Virginia Fr. eedom of Information Act, was adopted by the following recorded vote. Ayes: Mr. Barbour, Mr. Brunton, Mr. Fife, Mr. Gatewood and Mrs'. O'Brien. Noes: None. On motion the meeting adjourned. ~ '-~Clerk~ ~resident