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19851008 r-85-24RESOLUTION NO. R-85-24 WHEREAS, the City Council of the City of Fairfax, Virginia ~eems it necessary and essential and in the interest of the ~ublic health, safety and welfare to widen Route 123 and Judicial )rive within the City of Fairfax, Virginia and WHEREAS, it is necessary for the City to acquire fee simple itle to a portion of a certain tract of land owned by Oliver O. ~ibble, hereinafter referred to as the "Dibble Tract", and three ~asements across the remainder, consisting of a temporary truction easement, a utility easement, and a cable television Lsement as the same are designated on a plat attached hereto and incorporated herein by reference; and WHEREAS, the bona fide efforts of the City to acquire the ~foresaid necessary portion of the Dibble Tract and the easements ~cross the remainder from the owner by means of purchase have ~oved unsuccessful; and WHEREAS, it appears that it will be necessary for the City ~o exercise its power of eminent domain in order to acquire fee imple title to the aforesaid portion of the Dibble Tract and .hree required easements across the remainder as indicated on hat attached plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE IITY OF FAIRFAX, VIRGINIA: 1. The City of Fairfax, Virginia declares the necessity !or acquisition of the fee simple title to a portion of that ~ertain parcel of land in the City of Fairfax, Virginia owned by )liver Dibble to widen Route 123 and Judicial Drive and in lonjunction therewith three easements across the remainder :onsisting of temporary construction easement, a utility easement ~or utility purposes, and a cable television easement. 2. The City of Fairfax, Virginia declares the necessity for the exercise of its powers of eminent domain to acquire the %ecessary portion of said parcel along with three easements ~cross the remainder, consisting of a temporary construction ~asement, a utility easement, and a cable television easement as he same are designated on the attached plat. 1985-24 - 2 - 3. The City of Fairfax, Virginia authorized the City Attorney to acquire the necessary portion of the Dibble Tract and ~he required easements by appropriate legal means and to file and ~ursue condemnation. ~DOPTED: October 8, 1985 C4