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210, Resolution re: Authorizing Condemnation Proceeding for an easement at 905 Page Street WHEREAS, on December 20, 1979, the FERC issued Opinion No. 47A~denying the City's petition for rehearing and affirming Opinion No. 47, with two commissioners again dissenting; and WHEREAS, with the denial of rehearing the City has now exhausted its administrative remedies with regard to the issues presented in Docket No. RP75-.106; and WHEREAS, the City Council finds it to be in the best interest of the City and customers of its natural gas distribution system to seek a judicial reversal of the FERC decision; now, therefore, be it RESOLVED by the Council of the City of Charlottesville, Virginia, that the City Attorney, and the special counsel retained for this proceeding are hereby authorized and directed to take the necessary measures to obtain review of the FERC action by the United States~Court of Appeals for the District of Columbia, pursuant to Section 19 of the Natural Gas Act. The Council hereby authorizes the expenditure of funds appropriated in the Gas Fund, as may be needed for such purpose. The City Attorney advised the Council that most of the ease- ments and rights~-of~way for the first phase of the Sch~nk's Branch Storm Drainage ImProvement Project haYe already been obtained, but it appears that the easement and right~of~way across the lot at 905 Page Street appears to be the only one on which some agree- ment is not now in sight and requested that condemnation proceedings be authorized for this lot. On motion by Mr. Buck, seconded by Mr. Albro the following resolution was unanimously adopted. WHEREAS, the City of Charlottesville needs to obtain a permanent easement, temporary easement, and right-of-way to construct, replace, maintain and ~epair a box culvert for the conveyance of the stream known as Schenk's Branch across a portion of a lot identified as Parcel 201 on City Real Property Tax Map 31, located within the ~ity limits, and des%gusted as 905 Page Street; and WHEREAS, the needed permanent easement consists of approximately 504 square feet and the temporary easement consists of approximately 580 square feet, and they will cross the said property as shown on a plat of Wiley and Wiilson, Inc. dated November 10, 1978, a copy of which is attached hereto and made a part of this resolution; and WHEREAS, the said lot was conveyed to the late Wilfred F. Wilson by deed dated .October 13, 1943 of recorded in the Clerk's Office of the~Circuit Court of the City of Charlottesville in Deed Bookj 115, page 110; and WHEREAS, the late Wilfred F. Wilson, by his will of record in the aforesaid Clerk's Office in Will Book 20, page 330, conveyed said property to his wife for life, and upon her death, to such person as she might by her will appoint and, in the absence of the exercise of such appointment by her, to his issue then living; and WHEREAS, some of the heirs of Wilfred F. Wilson are nonresidents of Virginia; and WHEREAS, bona fide efforts have been made to acquire the said easements and right-of-way from the heirs of Wilfred F. Wilson, without success; now, therefore, be it RESOLVED by the Council of the City of Charlottesville that a public necessity is hereby declared to exist for the acquisition of a permanent easement, a temporary easement, and a right-of-way across Parcel 201 on City Real Property Tax Map 31 in order to proceed with the Schenk~!;s Branch storm drainage improvement project; and be it further RESOLVED by the Council of the City of Charlottesville that the City Attorney be and hereby is directed to institute condemnation proceedings for the acquisition of the permanent easement, temporary easement, and right-of-way across the portion of the said lot owned by the heirs of Wilfred F. Wilson and to file the necessary documents with the Circuit Court of the City of Charlottesville as provided in §§15.1-898 and 15 1-900 of the Code of Virginia (1950), as amended, and §§41 and 5~.1 of the Charter of the City of Charlottesville.