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1962-01-22
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1962-01-22
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10/27/2004 7:06:53 PM
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City Council
Meeting Date
1/22/1962
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Minutes
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L <br /> <br />RESOLUTION RE: BLUE RIDGE <br />SANATORIUM <br /> <br />CLEVELAND AVENUE WHICH NEW LINES WERE IN THE LOCATION OF THE NEW STREET, AND <br /> {L~HEREAS, THE FIRST EMINENT DOMAIN PROCEEDINGS WERE NONSUlTED ON FEBRUARY <br /> <br />22~ 196~, AND THE COUNCIL BY~ RESOLUTION DULY ADOPTED, EXTENDED A NEW OFFER TO <br />DOUGLAS DELETINg' THE EASEMENTS FOR THE WATER LINE AND GAS LINE, BUT ASKING FOR <br />THE EASEMENTS FOR THE SANITARY SEWER AND STORM SEWER~ WHICH LINES ARE ALREADY <br /> UNDER THE STREET, AND FOR THE RIGHT TO SLOPE FOR A SUM OF ~150~ WHICH OFFER WAS NOT <br /> ACCEPTED AND EMINENT DOMAIN PROCEEDINGS REINSTITUTED, AND <br /> ~I-IEREAS, IN NOVEMBER~ 1961, THESE PROCEEDINGS PROCEEDED TO AN AWARD BY THE <br /> COMMISSIONERS, WHICH AWARD WAS ~896 FOR THE EASEMENTS SOUGHT BY THE CITY AND ~4~700 <br /> FOR DAMAGES TO THE RESIDUE OF THE DEFENDANTtS PROPERTY, AND <br /> <br /> g~EREAS, THE CITY MANAGER HAS ADVISED THE COUNCIL THAT IN HIS OPINION THE <br /> AMO~NT OF THE AWARD WAS EXCESSIVE AND UNREALISTIC~ AND 'THAT IN HIS OPINION THERE HAD <br /> BEEN IN THE BEGINNING A COMPLETE AGREEMENT AND MEETING OF THE MINDS BETWEEN HIM AND <br /> DOUGLAS ON THE LOCATION AND CONSTRUCTION OF THE NEW STREET INCLUDING SLOPES, MOVING <br /> AND REPLACING FENCES~ REMOVING OLD PAYMENT, CONSTRUCTING DRIVEWAY ENTRANCE AND <br /> THAT DOUGLAS HAD FULL KNOWLEDGE OF THE UTILITY AND STORM LINES AND THAT NO AGREEMENT <br /> WAS DISCUSSED WHEREBY THESE LINES WERE TO BE REMOVED FROM THE OLD PORTION OF CLEVELAND <br /> AVENUE~ AND <br /> <br /> ~HEREAS~ THE CITY MANAGER AND CITY ATTORNEY ADVISED THE COUNCIL THAT THE <br /> STREET COULD BE MOVED NORTHWARD APPROXlMATELY'16 FEET AND CONSTRUCTED SO AS NOT TO <br /> TOUCH OR DAMAGE THE DEFENDANTtS PROPERTY AT A COST~ INCLUDING THE TRANSFER OF THE <br /> SANITARY SEWER LINE, OF APPROXIMATELY ~1,600.00~ AND <br /> <br /> ~HEREAS, THE CITY MANAGER RECOMMENDED THAT THIS BE DONE IF A COMPROMISE <br /> <br /> COULD NOT BE WORKED OUT WITH MR. OOUGLAS, AND <br /> <br /> ~L~EREAS, THE COUNCIL THEN AUTHORIZED THE CITY ATTORNEY TO ATTEMPT TO <br /> COMPROMISE THE MATTER WITH THE OFFER OF PAYMENT OF ~4,000 TO MR. ~OUGLAS IN ORDER TO <br /> KEEP HIM FROM BEING HURT FINANCIALLY, AND <br /> <br /> V./HEREAS~ THIS OFFER WAS TRANSMITTED TO THE COUNSEL FOR DEFENDANT WHO AFTER <br /> CONSULTATION WITH HIS CLIENT REFUSED TO A'CCEPT THIS COMPROMISE OFFER~ AND <br /> <br /> ~[RERS, IT IS THE OPINION OF THIS COUNCIL THAT THE AWARD OF THE COMMISSIONERS <br /> FOR A TOTAL OF ~5,~96 MAKES THE WHOLE COST OF THIS IMPROVEMENT EXCESSIVE AND TO THE <br /> DETRIMENT OF ALL OF THE CITY;S TAXPAYERS AND THE ROAD CAN BE CONSTRUCTED SO AS NOT TO <br /> TOUCH OR DAMAGE THE LANDOWNER AND STILL ADEQUATELY AND SUBSTANTIALLY SERVE THE PUBLiC~ <br /> <br /> NO~/~ THEREFORE, BE IT RESOLVED eY THE COUNCIL OF,~THE CITY or CHARLOTTESVILLE <br /> THAT THE CITY ATTORNEY BE AND HE IS HEREBY DIRECTED TO ABANDON THE AFORESAID EMINENT <br /> DOMAIN PROCEEDINGS COMMENCED IN APRIL, 1961, AND <br /> <br /> BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE AND HE IS HEREBY DIRECTED <br /> <br /> TO HAVE THE CITY ENGINEERING DEPARTMENT CONSTRUCT CLEVELAND AVENUE AT ITS INTER- <br /> SECTION WITH JEFFERSON PARK AVENUE SO THAT THERE WILL BE NO TAKING OF OR DAMAGES TO <br /> THE PROPERTY OF EUGENE Eo DOUGLAS. <br /> <br /> ON MOTION BY MR. LEE~ SECONDED BY MR. MOUNT~ THE FOLLOWING RESOLUTION WAS UN- <br /> ANIMOUSLY ADOPTED= <br /> <br /> BE IT RESOLVED e¥ THE COUNCIL OF THE CITY OF CHARLOTTESVILLE <br /> <br /> THAT NO ACTION BE TAKEN TO CHANGE BLUE RIDGE SANATORIUM FROM A <br /> TUBERCULOSIS SANATORIUM TO A MENTAL HOSPITAL UNTIL A THOROUGH <br /> AND COMPREHENSIVE STUDY OF ALL ASPECTS INVOLVED IN SUCH CHANGE <br /> HAS BEEN MADE BY THE STATE AND THE REPORT OF SUCH STUDY MADE <br /> PUBLlC~ WITH AN OPPORTUNITY FOR THE LOCAL GOVERNING BODIES AND <br /> PUBLIC TO APPEAR AND PRESENT EVIDENCE ON SUCH CHANGE~ ANO~ <br /> <br /> <br />
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