20050727 R-05-48RESOLUTION NO. R-05-48
A RESOLUTION TO INITIATE "QUICK TAKE" CONDEMNATION
PROCEEDINGS FOR THE ACQUISITION OF A PUBLIC STREET
DEDICATION, A STORM DRAINAGE EASEMENT, A RETAINING WALL
EASEMENT, A TRAFFIC CONTROL EASEMENT, AND A TEMPORARY
CONSTRUCTION EASEMENT ON THE PROPERTY OWNED BY FIRST
STATES INVESTORS 5200, LLC, HAVING TAX MAP NOS. 57-4-((2))-80, -
8lA, AND -84.
WHEREAS, the City has authorized the construction of certain road improvements in
conjunction with the redevelopment of Old Town Fairfax; and
WHEREAS, the City has determined that there is a public need for a public street
dedication of approximately 3,174 square feet on a portion of property owned by First States
Investors 5200, LLC, having Tax Map Nos. 57-4-((2))-80, -8lA, and -84 (the "Property");
and
WHEREAS, the City has determined that there is a public need for a temporary
construction easement of approximately 4,468 square feet on a portion of the Property; and
WHEREAS, the City has determined that there is a public need for a storm drainage
easement of approximately 105 square feet on a portion of the Property; and
WHEREAS, the City has determined that there is a public need for a retaining wall
easement of approximately 1,866 square feet on a portion of the Property; and
WHEREAS, the City has determined that there is a public need for a traffic control
easement of approximately 186 square feet on a portion of the Property; and
WHEREAS, due to the deadlines imposed on conjunction with the construction of the
Old Town Fairfax road improvements, in order to proceed with the acquisition of the
aforementioned dedication and easements, the initiation of condemnation proceedings
utilizing "quick take" procedures is necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax that condemnation utilizing "quick take" procedures of (i) approximately 3,174 square
feet of the Property is necessary for the purpose of a public street dedication; (ii)
approximately 105 square feet of the Property is necessary for the purpose of a storm drainage
easement; (iii) approximately 1,866 square feet of the Property is necessary for the purpose of
a retaining wall easement; (iv) approximately 186 square feet of the Property is necessary for
the purpose of a traffic control easement, and (v) approximately 4,468 square feet of the
Property is necessary for the purpose of a temporary construction easement, and staff is
hereby authorized to initiate condemnation proceedings, including possession prior to the
institution of the condemnation proceedings, in accordance with the law.
ADOPTED this 27th day of July 2005.
· t/-- ~i~y Clerk
MAYOR
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye