The history of the road on Vadul Moldovei Street and Impact's efforts to maintain it as an access road.

Bucharestknow, 15.01.2023

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Vadul Moldovei Street History

1.1. The status of public drum The street Vadul Moldovei dates back almost 50 years, more precisely from 18.09.1972, the date on which the government at the time, through Decision no. 1068 (Attachment no. 1), approving the removal of land from the forest fund for the construction of roads to ensure optimal access to leisure areas in Băneasa Forest. Along with Vadul Moldovei, other access routes that today also have the status of forest roads became public interest roads. These documents were identified at the National Archives in 2018, well past the legal deadline for reviewing the court decision classifying the road as a forest road.

1.2. Further to its declaration as public drum, in 1979, the country's State Council issued Decree No. 284/1979 (Attachment no. 2), which established the boundaries of the sectors of Bucharest Municipality, still valid today. In this decree, Vadul Moldovei Street is specifically mentioned as being part of and even constituting the boundary of Sector 1, as follows:

„Sector 1 – Located in the North-West part of the municipality, bordered by sectors 2 and 6, it is delimited as follows: … to the East, the border is a conventional line starting from the western edge of the Tunari forest to Vadul Moldovei Street (inclusive), continue on this street, including the Băneasa Zoo, continue south until the intersection of the Bucharest – Constanța railway line with Pipera Road...”

Currently, Vadul Moldovei street (hereinafter referred to as the“The road”) is divided into three portions, as results from the plans and land registry excerpts (Appendix 13.1, Attachment 13.2, Appendix 13.3, Attachment 13.4All three lots have the same legal status, namely they are owned by the Romanian State and administered by the National Forest Administration Romsilva. Two of the sections represent the asphalted part, approximately 1.2 km long (the first section is between Aleea Privighetorilor and the barrier built near the Shooting Range, this section of forest road is currently open to vehicle traffic; the second section is between the barrier built at the Shooting Range and the limit of the asphalted section – closed to vehicle traffic, and the third section is the unpaved section, bordered by the barrier built at the entrance to Pădurea Pustnicu Road, approximately 380 meters long and 3009 sqm representing a parcel line delimiting Băneasa Forest and Tunari Forest).

1.3. In 2007, the year the Greenfield Băneasa project was also established, the National Forest Administration sued the Bucharest City Hall, the administrator of the road at the time, and, claiming that Vadul Moldovei Street is a forest road, despite being asphalted, used, included in the public street directory, and on the basis of which building permits had been issued, it claimed the right to exploit it. Unexpectedly, it won the case.

1.4. Since 2007, the use of this access route, Vadul Moldovei street, has been guaranteed based on Civil Sentence no. 10050/June 25, 2007, issued by the Sector 1 Court of Bucharest, in case file no. 8918/299/2007. This court decision ordered the granting of the presidential injunction request filed by the developer Impact (at the time the Greenfield Băneasa residential complex began construction) and compelled Romsilva to allow vehicle and pedestrian access via the Vadul Moldovei access route to the land then exclusively owned by Impact.

1.5. This court measure was of a provisional nature, being ordered until the resolution of case no. 9122/299/2007, a case that represented the merits of the lawsuit through which Impact requested that Romsilva be ordered to respect its right of vehicular and pedestrian access on the road in question.

Case file no. 9122/299/2007 was settled by rejecting the lawsuit, with the essential reasoning that Impact has access to the properties located in the Greenfield residential complex via Teișani Alley – Pădurea Pustnicu Street.

1.7. Because the road closure considerably hindered access for the nearly 5,000 residents of the neighborhood and the 400 students.

1.8. Thus, a series of decisions were adopted concerning measures taken to resolve the road situation:

• by the General Council of Bucharest Municipality: CGMB Decision no. 218/08.06.2017 (Appendix no. 3), Decision of the Bucharest General Council no. 608/19.12.2017 (Attachment no. 4);
• by the Local Council of Sector 1 Bucharest: CLS1 Decision no. 236/31.07.2017 (Appendix No. 5), Decision CLS1 no. 278/09.01.2017 (Appendix No. 6), CLS1 Decision no. 345/31.10.2017 (Attachment no. 7), CLS1 Decision no. 1/31.01.2018 (Annex no. 8);
• by the Board of Directors of Romsilva, for the transfer of forest roads and correlative lands from the public domain of the Romanian State and under the administration of Romsilva to the public domain of the Municipality of Bucharest;
• A usage contract has been concluded between Romsilva and Sector 1 of Bucharest Municipality, regarding the use by the public of 2 (two) forest roads, with vehicles, etc.Appendix No. 9).

1.9. Furthermore, in support of this initiative, Impact Developer & Contractor S.A. (“Impact”) donated 3 (three) plots of land with a total area of 6,000 sqm, located within the urban area of Sector 1 of Bucharest Municipality („Donated Land”) for the purpose of carrying out the formalities for the transfer of the Road from the public domain of the Romanian State – under the administration of Romsilva, to the public domain of the Municipality of Bucharest, as follows:

The company made a notarized donation offer under no. 1529 dated September 21, 2017, to the Bucharest City Hall (through the General Council of Bucharest City Hall), modified by additional act no. 1 notarized under no. 1696 dated October 25, 2017 (Appendix no. 10), whereby a burden was imposed on the donee, as follows: „the burden of giving the object of the donation offer in compensation to Romsilva, according to art. 37 of the Forest Code of Romania, for the purpose of opening public access between Aleea Privighetorilor and Pădurea Pustnicu Forest Road, on the section that overlaps with forest road FE00868D1, in application of Decision no. 218/2017 and 278/2017 of the General Council of Bucharest Municipality and the Local Council of Sector 1.” (Annex no. 10).

1.10. The General Council of the Municipality of Bucharest issued Decision no. 513 dated 31.10.2017 (Annex No. 11) on the basis of which it accepted the donation with encumbrances and approved the conclusion of the donation agreement, subject to obtaining Romsilva's consent and that said donation agreement be concluded within 30 (thirty) days from the moment this consent is obtained.

1.11. On May 18, 2018, Romsilva issued Opinion No. 11133/C.M.R/18.05.2018 regarding the acceptance of the donation, thus confirming that the Donated Lands have the characteristics required by the Forest Code to be offered in compensation to Romsilva for the land with an area of 3,009 sqm (unpaved portion) and the urban land, located in the same administrative-territorial unit as the forest land, bordering a forest stand, suitable for afforestation.

1.12. The donation was accepted by the Municipality of Bucharest through the Acceptance Act authenticated under no. 969 dated June 13, 2018 (Appendix No. 12).

1.13. By accepting the donation, the Municipality of Bucharest acknowledged the content of Notice no. 11133/C.M.R/18.05.2018 issued by Romsilva and undertook to compensate Romsilva with the Donated Land, in order to open public access between Privighetorilor Alley and Pădurea Pustnicu Road.

1.14. Furthermore, correlative mentions were entered into the relevant land registers for the Donated Lands, so that currently, the Municipality of Bucharest is registered as the owner of the Donated Lands and the encumbrance incumbent upon the latter is also noted. In proof of the foregoing, we attach recent land register extracts (Attachment No. 13.1, Annex no. 13.2, Appendix 13.3).

1.15. Subsequently, on September 20, 2019, Romsilva issued Notice No. 476 (Annex no. 14for the definitive removal of 3,009 square meters of land from the forest fund owned by the Romanian State for the creation of an access road – beneficiary being Bucharest Municipality, as well as for the introduction into the forest circuit, as equivalent compensation, of Donated Land.

1.16. In 2022, Impact sent notifications to the following institutions: the Municipality of Bucharest through the Mayor, the General Council of the Municipality of Bucharest, the National Forest Administration Romsilva, the Mayor of Bucharest Sector 1, and the Local Council of Bucharest Sector 1. Through these notifications, Impact requested that the authorities finalize all procedures already initiated, pay the necessary fees, and fulfill the obligation assumed by accepting the Donated Lands, so that, ultimately, the Road may be transferred from the public domain of the Romanian State—administered by Romsilva—to the public domain of the Municipality of Bucharest, under the administration of the General Council of the Municipality of Bucharest, for the purpose of allowing public access to the Road. For your reference, we are attaching the letter sent to the Municipality of Bucharest, noting that all the authorities mentioned above have received the same notification (Appendix No. 15).

2. Ongoing construction in Greenfield Băneasa

2.1. By Decision no. 705/2019 of the General Council of Bucharest Municipality, the Zonal Urban Plan P.U.Z. – Aleea Teișani – Drumul Pădurea Neagră no. 56-64, Greenfield Residential Complex Sector 1 (hereinafter referred to as „Greenfield P.U.Z.”).

2. 2. Based on the regulations established by the Greenfield Zoning Plan, the following were issued:

(a) Building permit no. 434/35/P/40095/28.10.2020 for the execution of construction work, to be carried out in phases, for a „Residential Complex with the following features: 11 apartment buildings with a height configuration of P+10E+E.th. (913 apartments); 2 apartment buildings with a floor plan of Sgeneral+P+10E+E.th (185 apartments); 1 multi-unit residential building with a height configuration of S+P+10E+E.th. (69 apartments); 1 office building with a floor plan of P+2E+E.th; 1 community center with a floor plan of S+P+1E; 1 parking structure with a height configuration of Sparţial+P+7E+E.th.; 1 car wash, with all associated interior facilities; transformer stations, underground vehicle access ramp; vehicular and pedestrian circulation routes; parking spaces; landscaping”; and

(b) Building permit no. 435/36/P/38960/28.10.2020 for the execution of „Two collective housing buildings with height regime S+P+9E+E.th. (65 apartments) – S+P+5E+E6r (32 apartments), with related interior installations”.

2.3. With regard to Construction Permit no. 435/36/P/10.28.2020, All constructions have been completed. and received according to the Final Acceptance Protocol No. 18 dated June 28, 2022.

2.4. Regarding construction permit no. 434/35/P/10.28.2020, part of the construction (The Impact office building and Greenfield Plaza) were completed according to the Works Completion Acceptance Report no. 19 dated 19.08.2022.

2.5. The Eco Civica Foundation and three individuals, non-residents of Greenfield Băneasa but residing in Aleea Privighetorilor (first section), have initiated a legal action concerning the suspension and annulment of the Greenfield Urban Development Plan (P.U.Z.), the suspension and annulment of construction permits no. 434/35/P/2020 and no. 435/36/P/2020, the annulment of prerequisite approvals, and the demolition of works. The action is the subject of Case File no. 4122/3/2022, which was registered with the Bucharest Tribunal. In Impact's opinion, the claims are unfounded, and Impact has engaged specialists in both legal and urban planning fields to defend the acts challenged by this group.

2.6. At present, the contested acts are valid and fully effective, as no ruling has been issued regarding their suspension or annulment.

3. Actions undertaken Impact, with a view to creating 3 (three) additional access routes for the Greenfield Băneasa neighborhood

Starting in 2017, Impact has taken steps and submitted 3 (three) urban planning documents for the creation of 3 (three) additional access points for residents of the Greenfield Băneasa neighborhood.

3.1. For the first access, „Layout of the intersection of Teișani Alley and the DN1 ramp and the intersection of the DN1 ramp with the Bucharest Ring Road,” (hereinafter referred to as PUZ ACCESS 1) – Impact purchased a 1,000-square-meter plot of land classified as forest land.

• In order to achieve this access, Impact initiated a Detailed Urban Plan (P.U.Z.) upon obtaining Urbanism Certificate no. 648/R/1645674 dated 09.14.2018. Based on this urbanism certificate, Impact obtained a series of approvals and prepared a complex documentation. In this regard, Preliminary Approval no. 11 dated 02.21.2019 was obtained.
• The table below shows the activities from 2020-2022, with the registration numbers from the Bucharest Municipality City Hall indicated.

• Since, under specific legislation, CNAIR may request the removal from the forest fund of land used for the extension, widening, and improvement of national roads and highways, in December 2020, Impact sent a letter to CNAIR expressing its interest in identifying opportunities for collaboration to implement this traffic solution as soon as possible—a solution that not only improves access to the adjacent residential area, located approximately 3 km away, but, above all, according to traffic studies, improves traffic flow on National Road 1 in the Pod Otopeni area compared to the current situation, where significant traffic jams and delays—both in length and duration—occur during peak traffic times.
• On June 17, 2022, Impact submitted a proposal to CNAIR to donate a plot of land measuring 1,000 square meters (Appendix No. 17So far, I haven't received any response.

3.2. Impact acquired a 4,149 sqm plot of land within the city limits, located at Aleea Teișani 105-117 (formerly no. 13A), for the purpose of creating a new access road to serve the residents of the Greenfield Băneasa neighborhood (hereinafter referred to as P.U.Z. ACCESS 2). Currently, the market value of this land is over 1,000,000 Euro plus VAT.

• The accessibility solution involves constructing a railway crossing under the DNCB overpass, thereby creating a new link between Teișani Alley and DN1 via Horia, Cloșca, and Crișan Street. The new traffic solution will ensure flow towards both Bucharest and Otopeni.
• For the implementation of the traffic solution, Impact has initiated a PUZ (Urban Zonal Plan) which is currently undergoing review at the Bucharest City Hall. The procedures for obtaining PUZ ACCES 2 were initiated in 2019, starting with obtaining Urbanism Certificate no. 1155/54/T/18363 dated 07/25/2017 (extended)Attachment No. 18) and respectively the Urban Planning Certificate no. 656/26/T/23509 dated 06/29/2020 (extended) (Attachment No. 19).
• The company has contracted and paid for all specialized services and obtained the required approvals and mentioned urbanism certificates, thereby significantly supplementing the initial investment.
• After each additional request received from the Bucharest City Hall between 2019 and 2022, Impact supplemented the documentation. Thus, in 2019, it supplemented the documentation on the following dates: April 1, 2019, April 8, 2019, April 25, 2019, May 15, 2019, July 16, 2019, October 21, 2019, and December 16, 2019. These efforts continued into 2020, and on July 21, 2020, Impact presented the documentation to the Traffic Commission.
• The year 2021 also included work on the necessary documentation to obtain the Integrated Urban Development Plan (P.U.Z.). The documentation was completed on 03.30.2021 with the Apa Nova permit – coinciding with Apa Nova's takeover of the water and sewage networks in the neighborhood. On 04.21.2021, Impact completed the documentation again.
• In March 2022, the Bucharest City Hall sent a letter requesting that Impact revise the project. Impact revised the documentation in accordance with the authorities’ request and, on November 25, 2022, resubmitted the documentation to the Bucharest City Hall. Currently, the Chief Architect of the Bucharest City Hall is tasked with reviewing the completed and updated documentation and issuing his opinion. Once this opinion is obtained, the resolution must be approved by the General Council of the Bucharest City Hall.
• In public statements regarding the closure of the Road, the Mayor of Bucharest confirmed the status of this project to obtain the P.U.Z. as presented above, and specified that, following the issuance of the Chief Architect’s approval, he will submit the P.U.Z. to the city councilors for approval.
• A description of the work is provided in the table below:

3.3. The third access, „Road access from Teișani Alley in the northern area, respectively kilometer marker 1+970 – kilometer 13+987”, Zoning Plan ACCESS 3 – It will be located in the Greenfield Plaza shopping center area, specifically near kilometer 14 of the DNCB. We still need to obtain the approval of the Network Coordination Commission within the Bucharest City Hall (submitted in October 2020; the application was completed after connection to the public water and sewer system), which is the final approval; Once this approval is obtained, the entire documentation will be submitted to the Bucharest City Hall to obtain the Chief Architect’s approval, followed by approval by the General Council of the Bucharest City Hall.

4. Other Necessary Actions

4.1. The Municipality of Bucharest, the General Council of the Municipality of Bucharest, or the Sector 1 City Hall—which is authorized by HCGMB 608 of December 19, 2017, to take action on behalf of the Bucharest City Hall to transfer, from the state’s public domain and Romsilva’s administration into the public domain of the Municipality of Bucharest, the area of land necessary for the construction of an access road; to submit to the Bucharest City Hall the documents obtained for this purpose; and to pay the fee of 80.115.83 lei for the permanent removal of the land from the national forest fund, in accordance with Forest Guard letter No. 527 dated January 19, 2022.

4.2. The Municipality of Bucharest through the General Mayor shall execute the task provided for in the Donation Contract, namely, to give „The subject matter of the Offer of a Donation in Lieu of Payment to Romsilva, pursuant to Article 37 of the Romanian Forestry Code”" and open "„public access between Aleea Privighetorilor and Drm. Pădurea Pustnicu, on the section that overlaps with forest road FE00868D1, pursuant to Decision No. 218/2017 of the Bucharest General City Council and Decision No. 278/2017 of the Sector 1 Local Council”.

4.3. The General Council of Bucharest Municipality and Romsilva shall request the Romanian Government to issue a decision by which the gratuitous transfer of the Road from the public domain of Romania, administered by Romsilva, to the public domain of Bucharest Municipality, administered by the General Council of Bucharest Municipality shall be ascertained.

The purpose of this document is to present the current legal status of the Vadul Moldovei road and any actions that may be necessary to resolve the situation. This informational document is addressed to the residents of the Greenfield Băneasa neighborhood so that they may be as well-informed as possible. The information presented is based on Impact’s interpretation of the facts. Although we believe that the information and any conclusions are well-founded and justified, we cannot rule out the possibility that a competent authority or a court of law may interpret the matters discussed differently. This document contains no guarantees and/or promises regarding the outcome of the actions initiated and may not be used to support any opinion, action, or inaction by third parties, regardless of the purpose a person may pursue.

5. Appendices