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276 <br /> <br />c. ORDINANCE: "AN AMENDED ORDNANCE CLOSING, <br /> VACATING AND DISCONTINUING A PORTION OF LEANDER <br /> AVENUE AND A 12 FOOT ALLEY BETWEEN AVON STREET AND <br /> SIXTH STREET" (carried over) <br /> <br />RESOLUTIONS: CONDEMNATION OF RUGBY ROAD PROPERTIES FOR BIKE <br />LANES <br /> <br /> Mr. Gouldman presented new resolutions for both pieces of property to be <br />condemned, and noted that it is recognized that they are not solely bike lanes. <br /> <br /> Mr. Toscano made a motion to approve the resolution condemning parcel 53 on <br />Rugby Road, Ms. Richards seconded the motion, and it was approved by the following <br />vote. Ayes: Mr. Caravati, Mr. Lynch, Ms. Richards, Mr. Toscano. Noes: None. <br />Absent: Mr. Cox <br /> <br /> WHEREAS, in order for the City of Charlottesville to make certain (widening) <br />improvements to Rugby Road, including construction of bicycle lanes thereon, together <br />with certain planned sidewalk improvements, it is necessary fbr the City to acquire <br />additional right of way along Rugby Road, consisting of approximately nine (9) square <br />feet of land and a temporary construction easement shown on the attached plat (together, <br />hereinafter referred to as the "Property") from the White Home Holding Corporation, the <br />owner ("Owner") of the parcel of land designated as City Tax Map 5, Parcel 53; and <br /> <br /> WHEREAS, a bona fide effort has been made to acquire the Property by <br />purchase from the Owner., but the parties have not agreed on the price or terms of a <br />purchase of the Property; and <br /> <br /> WHEREAS, it appears that the City has no recourse but to acquire the Property <br />for this proposed public use through the exercise of its power of eminent domain as <br />authorized by the Code of Virginia and the Charter ofthe City of Charlottesville; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Charlottesville, Virginia, that the Mayor and Council approve of the Rugby Road <br />improvements, including construction of public bicycle lanes thereon for public use, and <br />the Mayor and Council hereby fred and declare that acquisition of the Property is <br />necessary for this public purpose; therefore, the Mayor and Council hereby direct and <br />authorize the acquisition of the Property for said public use by condemnation or other <br />means; and <br /> <br /> BE IT FURTHER RESOLVED that the City Attorney or his Deputy is hereby <br />authorized and directed to institute eminent domain proceedings (including those <br />authorized under Title 15.2, Article 3 and Title 33.1, Article 7 of the Code of Virginia) <br />for the acquisition of the Property, and the City Attorney or his Deputy is further <br />authorized and directed to execute, issue and file all such instruments as may be <br />necessary for or in connection with any condemnation proceedings, or other means of <br />acquisition, including, without limitation, issuance of a certificate in lieu of payment as <br />described within §15.2-1904, §33.1-121and § 33.I-122 of the Code of Virginia. <br /> <br /> Mr. ~Toscano made a motion to approve the resolution condemning parcel 126 on <br />Rugby Road, Ms. Richards seconded the motion, and it was approved by the following <br />vote. Ayes: Mr. Caravati, Mr. Lynch, Ms. Richards, Mr. Toscano. Noes: None. <br /> <br /> WHEREAS, in order for the City of Charlottesville to make certain (widening) <br />improvements to Rugby Road, including construction of bicycle lanes thereon, together <br />with certain planned sidewalk improvements, it is necessary for the City to acquire <br />additional right of way along Rugby Road, consisting of approximately 0.044 acre of <br />land and a temporary construction easement shown on the attached plat (together, <br />hereinafter referred to as the "Property") from 600 Rugby Road Housing Corporation, the <br />owner ("Owner") of the parcel of land designated as City Tax Map 5, Parcel 126; and <br /> <br /> <br />