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20021210 r-02-59RESOLUTION NO. R-02-59 A RESOLUTION TO INITIATE CONDEMNATION PROCEEDINGS FOR A PORTION OF THE PROPERTY HAVING AN ADDRESS OF 4210 ORCHARD DRIVE, TAX MAP NUMBER 57-4-((6))-003E, OWNED BY ANNE R. MURPHY, CO-EXECUTOR, AND DAVID JOSEPH REILLY, CO-EXECUTOR, ESTATE OF JAMES A. REILLY, FOR A STORMWATER SEWER EASEMENT CONSISTING OF APPROXIMATELY 170 SQUARE FEET AND TWO GRADING AND TEMPORARY CONSTRUCTION EASEMENTS CONSISTING OF APPROXIMATELY 538 SQUARE FEET. WHEREAS, the City has determined that there is a public need for a stormwater sewer easement consisting of approximately 170 square feet and two grading and temporary construction easements consisting of approximately 538 square feet across a portion of the property having an address of 4210 Orchard Drive, which property is owned by Anne R. Murphy, Co-Executor, and David Joseph Reilly, Co-Executor, Estate of James A. Reilly; and WHEREAS, in order to proceed with the acquisition of the stormwater sewer and grading and temporary construction easements, the initiation of condemnation proceedings is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax that condemnation of a portion of that certain property having an address of 4210 Orchard Drive, which property is owned by Anne R. Murphy, Co-Executor, and David Joseph Reilly, Co-Executor, Estate of James A. Reilly, is necessary for the purpose of acquiring a stormwater sewer easement consisting of approximately 170 square feet and two grading and temporary construction easements consisting of approximately 538 square feet, 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 law. ADOPTED this 10th day of December, 2002. Mayor ATTEST: The vote to adopt the resolution was recorded as Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthorne Councilwoman Winter follows: Vote Aye Aye Aye Aye Aye Aye