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A RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS • TO ACQUIRE CERTAIN PROPERTY ADJACENT TO AZALEA PARK FOR THE INSTALLATION OF STORM DRAINAGE FACILITIES. WHEREAS, the City of Charlottesville, in order to complete the installation of certain storm drainage facilities adjacent to Azalea Park, needs to acquire title to certain property (hereinafter the "Property") owned by George A. Cason and Hazel J. Cason (hereinafter the "Owner"); and WHEREAS, the Property is more particularly described as: All that certain tract or parcel of land in Albemarle County, Virginia, containing 8.8 acres, more or less, located on the north side of U.S. Interstate Route 64 and on the east side of State Route 780, and designated as "Portion of Parcel 54, T.M. 76, 8.8+/- Acres" on a plat of B. Aubrey Huffman & Associates, Ltd., dated December 20, 1986, captioned "Physical Survey Showing Parcels 46A, 54, 54A, 54M, 54N1, 54Z on Sheet 76 County Tax Maps", of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 925, pages 456 and 457; being that property acquired by Owner by deed dated October 14, 1999, of • record in the aforesaid Clerk's Office in Deed Book 1865, page 533, and those additional property rights conveyed by a Corrected Quitclaim Deed dated November 24, 1997, of record in the aforesaid Clerk's Office in Deed Book 1659, page 404. WHEREAS, bona fide efforts have been made to acquire the Property by purchase from the Owner, but the efforts have been ineffectual because of the inability to agree on the price or terms of sale of the property; and WHEREAS, the City has no recourse but to acquire the Property through the exercise of its power of eminent domain as authorized by the Code of Virginia and the Charter of the City of Charlottesville; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the Mayor and Council support and endorse the storm drainage project being instituted in order to stabilize Moore's Creek and thereby protect Azalea Park and concur that its installation and the acquisition of the Property satisfy a public purpose and necessity; and BE IT FURTHER RESOLVED by the Council of the City of Charlottesville, Virginia that such a public necessity is hereby declared to exist for the acquisition of the Property in order • to fulfill the public purpose of providing improved storm drainage facilities in the Azalea Park area; and