19860701 r-86-32RESOLUTION NO.R-86-32
WHEREAS the City Council of the City of Fairfax, Virginia, by
duly adopted Resolution No. R-85-24 deemed it necessary and essential
for the City to exercise its power of eminent domain to acquire fee
simple title to a portion of a certain tract of land owned by Oliver
Dibble, hereinafter referred to as the "Dibble Tract", and certain
easements across the remainder~ and
WHEREAS pursuant to and in accordance with the aforesaid
Resolution, a Certificate of Taking was recorded among the land
records of Fairfax County, Virginia in Deed Book 6257 at Page 89
taking fee simple title to a portion of the Dibble Tract containing
2,586 square feet and three easements across the remainder, and
WHEREAS, subsequent to the recordation of the aforesaid
Certificate of Taking, the Department of Public Works determined that
a nine foot (9') wide strip of the Dibble Tract was sufficient for
construction of improvements to Route 123 and that the additional
113 sq. ft. of the Dibble Tract taken along Route 123 was not
necessary for the construction of the proposed road improvements; and
WHEREAS, the aforesaid Certificate of Taking should be
amended to reflect a reduction of the total square footage of the
Dibble Tract taken in fee simple by the City from 2,586 sq. ft. to
2,473 sq. ft. and to substitute the Plat prepared by Hunsberger and
Monaco, P.C. as an attachment to the Certificate of Taking in lieu of
the plat prepared by the Department of Public Works, City of Fairfax,
Virginia dated October 5, 1985; and
WHEREAS, the City, Oliver Dibble and Tassos G. Triarhos have
reached agreement on the compensation for the taking:
R-86-32 -2
VIRGINIA:
1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRFAX,
The City of Fairfax, Virginia declares and reaffirms the
necessity for the acquisition of a portion of the real property owned
by Oliver O. Dibble containing 2,473 square feet for construction of
road improvements along Route 123 and Judicial Drive as the same is
more particularly described on a plat of Hunsberger and Monaco, P.C.
attached hereto as "Exhibit 1".
2. The City of Fairfax, Virginia declares that a portion of the
Dibble Tract taken in fee simple by the Certificate of Taking recorded
in Deed Book 6257 at Page 89 along Route 123 containing 113 sq. ft. is
not necessary for the construction of road improvements to Route 123
and Judicial Drive.
3. The City of Fairfax, Virginia further declares that the
Certificate of Taking recorded in Deed Book 6257 at Page 89 among the
land records of Fairfax County, Virginia should be amended to reflect
a reduction in the total square footage of the Dibble Tract taken in
fee simple from 2,586 sq. ft. to 2,473 sq. ft. and to substitute the
Plat prepared by Hunsberger and Monaco, P.C. dated October 11, 1985,
as an attachment to the Certificate of Taking in lieu of the Plat
prepared by the Department of Public Works, City of Fairfax, Virginia,
dated October 5, 1985.
4. The City of Fairfax, Virginia, hereby authorizes and directs
the City Attorney to cause the Certificate of Taking recorded in Deed
Book 6257 at Page 89 among the land records of Fairfax County,
Virginia to be amended by appropriate legal means to reflect the
acquisition in fee simple to 2,473 square feet of the Dibble Tract and
the necessary easements across the remainder.
R-86-32 -3
5. The Mayor is authorized and directed to execute the
Settlement and Agreement, a copy of which is attached hereto as
Exhibit 2, on behalf of the City Council for the City of Fairfax.
ADOPTED: July 1, 1986