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 (1622 East Market Street)


Background:
John and Mary Winter are the owners of a building located in the City at 1622 East Market Street
(“Building”). A recent survey undertaken during the process of a proposed sale of this property
revealed portions of the Building encroach into the public street right of way for East Market Street.

The Winters purchased this property in 2004 and they represent that they were unaware of the
Building encroachment until the recent survey. 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. Attached is a copy of the recent survey plat
of the property showing the area of East Market Street affected by the Building encroachment
(“Encroachment Area”).

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 Building encroachment 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.

Recommendation:
Staff recommends approval of the Ordinance
Alternatives:
If Council decides not to approve the Ordinance, the owner may encounter future difficulty when
trying to sell the property.

Attachments (3):
   • Proposed Ordinance

       Suggested Motion: “I move the ORDINANCE authorizing encroachment of a building
       constructed on property identified on City Tax Map 56 as Parcel 117, having an address of
       1622 E. Market Street

   •   Physical Survey Plat
   •   Email Request from the Owner
                                ORDINANCE
                 AUTHORIZING ENCROACHMENT OF A BUILDING
      CONSTRUCTED ON PROPERTY IDENTIFIED ON CITY TAX MAP 56 AS PARCEL 117
               HAVING THE ADDRESS OF 1622 EAST MARKET STREET

         WHEREAS John and Mary Winter, the owners of certain property located at 1622 East Market
Street, identified on City Tax Map 56 as Parcel 117 (City Real Estate Parcel Identification No. 560117000)
(the “Property”), has requested City Council to authorize an existing encroachment of the building constructed
on the Property in 1920 into the public right-of-way of East Market Street (the “Encroachment”); and

         WHEREAS the City Engineer has reviewed a physical survey plat prepared by Commonwealth Land
Surveying, LLC, dated April 14, 2022, titled Physical Survey Lot D J.W. & Ethel H.A. Garrison Subdivision
(“Plat”), showing the Encroachment area. Seeing no apparent detrimental effect of City Council agreeing to
the 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 East Market Street right-of-way, 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.