CITY OF CHARLOTTESVILLE, VIRGINIA
                 CITY COUNCIL AGENDA




  Agenda Date:         June 21, 2022

  Action Required:     Sale of City Owned ROW (Ordinance, Public Hearing Required,
                       One Reading)

  Presenter:           Lisa Robertson

  City Manager         Sam Sanders
  Office Contact:


  Title:               Conveyance of City Owned Land (819 East Jefferson Street)


Background:
The City of Charlottesville owns an unimproved parcel of land (Real Estate Parcel Identification
No. 530189000), which has been assigned an address of 819 East Jefferson Street. The parcel has
an area of approximately 0.0100 acre (approx. 435.6 square feet). According to the online City
Assessor’s records, the land has an assessed value (2022) of $37,100.00.




The City acquired the Property in 1960, by instrument recorded in Deed Book 223 Page 118 of
the Circuit Court land records. According to the online assessment records, the property was
acquired for a price of $12,300.00. (For Council’s reference: the City also owns 0.02 acre,
having an address of 816 E. High (Real Estate Parcel Id. No. 530190000). The City’s ownership
of these parcels gives the City control of the entire block face along 9th St. N.E., between E.
Jefferson and E. High Streets. The land situated at 816 E. High was also acquired by the City in
1960, for $18,000.00, and has a current assessed value (2022) of $37,100).

Discussion:
The City has received a request from R. Thomas Gierin, III, the owner of the lot adjacent to 819
East Jefferson (i.e., 815 East Jefferson Street) asking the City to convey the City Property to them
for incorporation into 815 East Jefferson. Mr. Gierin does not propose to purchase the Property,
stating that the Property has low development potential and that his assumption of the “perpetual
maintenance costs” constitute sufficient consideration. (Pursuant to to Virginia Code §15.2-953
the city may only donate property to certain charitable institutions or associations, under certain
circumstances; therefore, in order to approve this requested conveyance, City Council should
articulate some mutual consideration that it deems of value to the City. Staff also notes that City
Council has a long-standing budget policy (Resolution approved 11/3/1986) stating that proceeds
of the sale of City land will be applied to augment the “Capital Projects Fund” so if non-monetary
consideration is considered by Council, Council will be foregoing additional funding for the
Capital Fund).

In accordance with the City-Council approved policy regarding review of requests for purchases
of City-owned land, the request to purchase this land has been reviewed by the following
departments, and their comments/ recommendations for conditions or reservations of rights
are listed below:

       1) Director of Utilities (Lauren Hildebrand) - The Department of Utilities has no
          comments or recommendations regarding this request; no easement(s) requested.

       2) Director of Public Works (Stacey Smalls) – no comments or recommendations; no
          easement(s) requested.

       3) Director of Neighborhood Development Services (James Freas) - no comments or
          recommendations on the requested land purchase.

       4) Office of Community Solutions (Alex Ikefuna) – no comments, but recommends
          consideration of retaining any easements which might be necessary.

       5) Director of Economic Development (Chris Engel) – no comments or concerns

       6) Director of Parks and Recreation (Dana Kasler) – no comments or recommendations

Budgetary Impact: none.
Community Engagement: a public hearing is required, per Va. Code §15.2-1800(B)
Alignment with Council Vision Areas and Strategic Plan: undetermined.
Staff Recommendation:
No City official has expressed any recommendation for Council’s consideration.

Attachment:
    • Proposed Ordinance
Possible motion: “I move the Ordinance approving conveyance of a City-owned parcel of land
located at 819 East Jefferson Street to R. Thomas Gierin, III.
                            AN ORDINANCE
     APPROVING THE CONVEYANCE OF A CITY-OWNED PARCEL OF LAND
     LOCATED AT 819 EAST JEFFERSON STREET TO R. THOMAS GIERIN, III

        WHEREAS R. Thomas Gierin, III has submitted a request to the City of Charlottesville
(“City”), asking the City to convey to him a parcel of land having a current address of 819 East
Jefferson Street and identified by City Real Estate Parcel Identification No. 530189000 (“Land”);

       WHEREAS pursuant to the provisions of Virginia Code §15.2-1800(B) the City may
dispose of its real property following a public hearing, and a public hearing was held by City
Council on June 21, 2022; and,

        WHEREAS pursuant to the provisions of Virginia Code §15.2-2100(A) no rights of a City
in and to its public places shall be sold, except by an ordinance passed by an affirmative recorded
vote of three-fourths of all of the members elected to the Council; and

        WHEREAS after consideration of this proposed conveyance of land, this Council finds
and determines that upon mutual consideration, the value to the City being relief from any
obligation to maintain the land, the request should be granted;

        NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville,
Virginia that a conveyance of a parcel of land having a current address of 819 East Jefferson Street,
identified by City Real Estate Parcel Identification No. 530189000 (“Land”) to R. Thomas Gierin,
III (“Grantee”) is hereby approved, upon the following conditions: (i) the Grantee shall take the
Land in an “AS IS, WHERE IS, AND WITH ALL FAULTS” condition as of the Effective Date
of the conveyance; (ii) conveyance shall be by quitclaim deed prepared by the City Attorney, and
the City has not, does not and will not, with respect to the Land, make any representations, express
or implied, or arising by operation of law, including, but in no way limited to, any warranty of
condition or merchantability, or with respect to the value, profitability or operating potential of the
Land, and (iii) the Grantee shall pay all state and local recordation fees and taxes applicable to
recordation of the quitclaim deed, based on a land value of $37,100.00, (iv) the Grantee shall be
responsible for all IRS reports or filings associated with the conveyance, (v) if Grantee desires a
survey plat, or title insurance, all costs associated with obtaining said plat or title insurance shall
be borne by the Grantee, and (vi) no costs shall be incurred by the City, of any kind or nature
whatsoever, other than any associated with the City Attorney’s preparation of the quitclaim deed.