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19680903 1968-11 ORDINANCE NO. 1968-11 AN ORDINANCE PROVIDING FOR AN EXCHANGE OF LAND BETWEEN THE CITY OF FAIRFAX, VIRGINIA, AND THE ROMAN CATHOLIC BISHOP OF RICHMOND, VIRGINIA. WHEREAS, the Right Reverend Peter L. Ireton, Roman Catholic Bishop of Richmond, through the Reverend Walter J. Malloy, Pastor of St. Leo's Church, has offered to exchange 4.8~ acres of land, presently a portion of the premises of St. Leo's Catholic Church and School in the City of Fairfax, Virginia, for 2.4~ acres of land, presently a portion of the E. Calvin Van Dyck Park, owned by the City of Fairfax, Virginia; and WHEREAS, the proposed exchange of said land appears to be in the best interest of the City of Fairfax, Virginia; THEREFORE BE IT ORDAINED, that the City of Fairfax, Virginia agrees to exchange 2.43 acres of land owned by it and presently a portion of the E. Calvin Van Dyck Park for 4.8~ acres of land owned by the Roman Catholic Bishop of Richmond and presently a portion of the premises of St. Leo's Church and School, both of said parcels being more particularly shown on the attached plat prepared by Patton, Harris & Foard, dated August 6, 1968, as amended by the attached plat prepared by Patton, Harris & Foard, dated August 15, 1968 and revised August 30, 1968, which is made a part hereof; provided, how- ever that the deeds exchanging said properties shall contain clauses causing each of the exchanged parcels to revert to its former owner if construction of new school facilities is not commenced upon the 2.43 acres of land hereinabove described on or before August 20, 1970; provided further, however, that the City shall not deliver a deed for the 2.43 acres unless and until the Roman Catholic Bishop of Richmond has delivered to the City a right-of-way for public street purposes adjacent to State Route No. 237 across the entire frontage of the premises of St. Leo's Church property for a depth of twelve feet, in addition to a deed for the said 4.8~ acres; and, provided further, however, that the City shall not deliver a deed for the said 2.4~ acres unless and until the Roman Catholic Bishop of Richmond has secured all necessary zoning approvals from the Board of Zoning Appeals of the City to use the said 2.4~ acres for school purposes; and provided further, however, that the Roman Catholic Bishop of Richmond pays to the City of Fairfax, Virginia, the sum of $2,000 at the time of de- livery to him or his agent of a deed to the said 2.4~ acres. Adopted by a three-fourths vote of the entire Council of the City of Fairfax, Virginia on the 3rd day of September, 1968. Mayor Atte st: C~ Clerk