CITY OF CHARLOTTESVILLE, VIRGINIA
                 CITY COUNCIL AGENDA




 Agenda Date:          June 21, 2022

 Action Requested:     Approval of Ordinance (1 reading only, no public hearing)

 Presenter:            Lisa Robertson, City Attorney

 Staff Contacts:       Lisa A. Robertson, City Attorney

 Title:                Approval of Encroachment Agreement (301 7th Street S.W.)


Background: R & J Enterprises, LLC (“Owner”) owns two buildings and parcels which,
together, are referred to as 301 7th Street S.W. within the City. A building has been constructed
on one of the lots (i.e., the lot bounded by Delevan Street to the west, and a paper alley to the
north); according to the City’s real estate records, this Building was constructed in 1961
(“Building”). A recent survey has revealed portions of the Building encroach into a 12-foot alley
that adjoins the lot, and the Building also encroaches into the City-owned public street right-of-
way for Delevan Street. Attached is a copy of the recent survey plat (“Plat”) prepared by
Roudabush Gale & Associates, Inc., dated 10-18-2021, titled “Physical Survey Tax Map 30
Parcel 24 Lots 1 & 10 City of Charlottesville, Virginia”. At its widest point, approximately 2.4
feet of the public alley right-of-way is affected and 0.5 feet of Delevan Street.
The Owner has requested City Council to approve these encroachments, to facilitate a future sale of
the property and to cure any issues that might affect a purchaser’s ability to obtain title insurance/
clear title.

Discussion: Sections 15.2-2009 and 15.2-2011 of the Virginia Code permit the City Council to
authorize encroachments upon public rights-of-way, subject to requirements of those statutory
sections and such other terms and conditions as City Council may prescribe.

Alignment with City Council’s Vision and Strategic Plan: Approval of the Encroachment
Agreement is consistent with Goal 3.1 of the Strategic Plan (Engage in Robust and Context Sensitive
Urban Planning and Implementation).

Community Engagement: Not applicable.
Budgetary Impact: There is no budgetary impact for approval of this agreement.
Attachments (3):
   • Proposed Ordinance
      Suggested Motion: “I move the ORDINANCE authorizing encroachment of a building
      constructed on property identified on City Tax Map 30 as Parcel 24, at the corner of
      Delevan Street and an unnamed 12-foot alley

   •      Survey Plat
   •      Email Request from the Owner
                              ORDINANCE
               AUTHORIZING ENCROACHMENT OF A BUILDING
    CONSTRUCTED ON PROPERTY IDENTIFIED ON CITY TAX MAP 30 AS PARCEL 24
     AT THE CORNER OF DELEVAN STREET AND AN UNNAMED 12-FOOT ALLEY

         WHEREAS R&J ENTERPRISES, LLC, the owner of certain property identified on City Tax
Map 30 as Parcel 24 (City Real Estate Parcel Identification No. 300024000 ), bounded to the west by
Delevan Street and bounded to the north by an alley (together, the “Property”) has requested City Council
to authorize an existing encroachment of a building constructed on the Property in 1961 (“Building”) (i)
into the public right-of-way of Delevan Street and (ii) into an alley that serves as the northern boundary of
the Property, as to which alley ownership has not been determined (each, an “Encroachment”); and

        WHEREAS the City Engineer has reviewed a physical survey plat prepared by Roudabush Gale
& Associates, Inc., dated October 18, 2021, titled “Physical Survey Tax Map 30 Parcel 24 Lots 1 & 10
City of Charlottesville, Virginia” (“Plat”), showing the areas of Encroachment. Seeing no apparent
detrimental effect of City Council agreeing to either Encroachment, the City Engineer has confirmed that
he has no objection to the request; and

         WHEREAS Sections 15.2-2009 and 15.2-2011 of the Code of Virginia (1950) in effect as of the
date this Ordinance is approved permit the City Council to authorize encroachments upon public rights-
of-way, subject to the requirement that the Property owner shall not be relieved of negligence on account
of the Encroachment(s), and further subject to other terms and conditions as City Council may prescribe;

        NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville,
Virginia, that the Mayor is hereby authorized to execute a deed or other instrument(s), in a form approved
by the City Attorney and suitable for recording among the land records of the City of Charlottesville, to
authorize the Encroachment of the Building within the Delevan Street right-of-way, and—to the extent of
the City’s right, title or interest in the adjacent alley, if any—to authorize the Encroachment of the
Building within the alley, both authorizations being subject to the provisions of Sections 15.2-2009 and
15.2-2011 of the Code of Virginia (1950) in effect as of the date this Ordinance is approved.