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A RESOLUTION • AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE LAND AND A TEMPORARY CONSTRUCTION EASEMENT FROM WHITE HORSE HOLDING CORPORATION ACROSS PARCEL 53 ON CITY TAX MAP 5 FOR THE CONSTRUCTION OF A BICYCLE LANE ON RUGBY ROAD. WHEREAS, in order for the City of Charlottesville to make certain (widening) improvements to Rugby Road, including construction of bicycle lanes thereon, together with certain planned sidewalk improvements, it is necessary for the City to acquire additional right of way along Rugby Road, consisting of approximately nine (9) square feet of land and a temporary construction easement shown on the attached plat (together, hereinafter referred to as the "Property") from the White Horse Holding Corporation, the owner ("Owner") of the parcel of land designated as City Tax Map 5, Parcel 53; and WHEREAS, a bona fide effort has been made to acquire the Property by purchase from the Owner, but the parties have not agreed on the price or terms of a purchase of the Property; and WHEREAS, it appears that the City has no recourse but to acquire the Property for this proposed public use through the exercise of its power of eminent domain as authorized by the Code of Virginia and the Charter of the City of Charlottesville; • NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the Mayor and Council approve of the Rugby Road improvements, including construction of public bicycle lanes thereon for public use, and the Mayor and Council hereby find and declare that acquisition of the Property is necessary for this public purpose; therefore, the Mayor and Council hereby direct and authorize the acquisition of the Property for said public use by condemnation or other means; and BE IT FURTHER RESOLVED that the City Attorney or his Deputy is hereby authorized and directed to institute eminent domain proceedings (including those authorized under Title 15.2, Article 3 and Title 33.1, Article 7 of the Code of Virginia) for the acquisition of the Property, and the City Attorney or his Deputy is further authorized and directed to execute, issue and file all such instruments as may be necessary for or in connection with any condemnation proceedings, or other means of acquisition, including, without limitation, issuance of a certificate in lieu of payment as described within §15.2-1904, §33.1-121and § 33.1-122 of the Code of Virginia. Adopted by City Council January 2, 2001 e ne Cox, Clerk of Council