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20011127 r-01-37RESOLUTION NO. R-01-37 A RESOLUTION TO INITIATE CONDEMNATION PROCEEDINGS FOR A PORTION OF PROPERTY AT THE INTERSECTION OF MAIN STREET AND ROBERTS ROAD, TAX MAP NUMBER 57-4-((9))-0, OWNED BY THE WREN'S COURTYARD HOMEOWNER'S ASSOCIATION, FOR THE PURPOSES OF CONSTRUCTING A BUS SHELTER ON THE AFORESAID PROPERTY. WHEREAS, the City has determined that there is a public need to construct a bus shelter at the intersection of Main Street and Roberts Road on property owned by the Wren's Courtyard Homeowner's Association; and WHEREAS, the City staff has made good faith efforts to acquire the necessary rights by offering the fair market value, as determined by a qualified appraiser; and WHEREAS, the property owners have not accepted the offer made by City staff; and WHEREAS, in order to proceed with the construction of the bus shelter, condemnation of an easement is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax that condemnation of a certain property is necessary for the public purpose of constructing a bus shelter at the intersection of Main Street and Roberts Road, which property is owned by the Wren's Courtyard Homeowner's Association and described in the easement document accompanying the City's offer to purchase the necessary easement, and staff is hereby authorized to initiate condemnation proceedings, including possession prior to the conclusion of the condemnation proceedings, if necessary, in accordance with the appraisals prepared by qualified appraisers, bona fide, but ineffectual, efforts to purchase the necessary property rights having been made. ADOPTED this 27th day of November, 2001. The ordinance was adopted by a vote of 5-0 as follows: Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthome Vote Aye Absent Aye Aye Aye Aye ATTEST: {~ity l~k Mayor Date