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239 <br /> <br />Grant funds. Mr. Brown said that the problem has been that there are multiple owners <br />scattered throughout the country, and in order to get a clear fee simple title, the property <br />must be condemned. <br /> <br /> On motion by Mr. Toscano, seconded by Ms. Richards, Council authorized the <br />condemnation of 776 Ridge Street by the following vote. Ayes: Mr. Caravati, Mr. <br />Lynch, Ms. Richards, Mr. Toscano. Noes: None. Absent: Mr. Cox. <br /> <br /> WHEREAS, the City plans to construct sidewalk improvements at the <br />intersection of Ridge Street and Hartman's Mill Road, and also to construct certain other <br />improvements to improve drainage along these two streets; and <br /> <br /> WHEREAS, to complete the proposed improvements it is necessary for the City <br />to acquire additional right-of-way, consisting of approximately 37 square feet of land, <br />more or less, as well as temporary construction and slope easements (together, hereinafter <br />such land and temporary easements are referred to as the "Property") from the owner or <br />owners of the parcel of land designated as City Tax Map 25, Parcel 90 ("Land"); and <br /> <br /> WHEREAS, the City has located one person who is believed to hold a majority <br />legal interest in the Land; however, the identity or whereabouts of other persons who may <br />hold an interest in the Land is unknown, and therefore the person identified as a majority- <br />interest owner may be unable to convey valid title to the Property; and <br /> <br /> WItEREAS, in order for the City to acquire valid title to the Property which is to <br />be acquired as additional right-of-way, the City would need to exercise the power of <br />eminent domain as authorized by the Code of Virginia and the Charter of the City of <br />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 sidewalk and <br />drainage improvements to be made at comer of Ridge Street and Hartman's Milt Road for <br />public use and benefit, and the Mayor and Council hereby find and declare that <br />acquisition ofthe Property is necessary for public purposes; therefore, the Mayor and <br />Council hereby direct the acquisition of the Property by condemnation or other means; <br />and <br /> <br /> BE IT FURTHER RESOLVED that the City Attorney or his Deputy is hereby <br />authorized to institute eminent domain proceedings (including those authorized under <br />Title 15.2, Article 3 and Title 33.1, Article 7 of the Code of Virginia) and to take ail other <br />actions necessary for the acquisition of the Property, and the City Attorney or his Deputy <br />is further authorized to execute, issue and file all such instruments as may be necessary <br />for or in connection with any condenmation proceedings or other means of acquisition of <br />the Property, including, without limitation, issuance ora certificate in lieu of payment as <br />described within sections 15.2-1904, 33.1-121 and 33.1-122 of the Code of Virginia. <br /> <br />ORDINANCE: ~ZON1NG OF MULTIPLE PROPERTiES <br /> <br /> Mr. O'Connelt said that the rezoning of multiple properties throughout the City is <br />being proposed as a result of a comprehensive review of the land use plan as part of the <br />Comprehensive Plan. <br /> <br /> Mr. Ron Higgins reviewed the map of proposed changes, and explained that 170 <br />properties were originally recommended for rezoning, but several were pulled by the <br />Planning Commission for further study. Mr. Higgins said that the changes are essentially <br />residential downzonings. <br /> <br /> Mr. Caravati asked if questions raised about rezonings on 2n~ Street, N.E., Dice <br />Street and 5th Street have been resolve& <br /> <br /> Mr. Higgins said that that townhouses on 2nd Street could not be rebuilt if more <br />than 50% of the total structure was destroyed which LC feels is unlikely due to the <br /> <br /> <br />