20050614 R-05-40RESOLUTION NO. R-05-40
A RESOLUTION TO INITIATE CONDEMNATION PROCEEDINGS FOR
APPROXIMATELY 0.37 ACRES OF PROPERTY HAVING AN ADDRESS OF
3987 UNIVERSITY DRIVE, TAX MAP NUMBER 57-4-((2))-108, OWNED BY
VIRGINIA SEEKFORD SMITH AND SMITH AND FRANCIS, INC., FOR
PUBLIC PARKING LOT PURPOSES AND FOR A PUBLIC STREET
DEDICATION OF APPROXIMATELY 449 SQUARE FEET AND FOR A
TEMPORARY CONSTRUCTION EASEMENT OF APPROXIMATELY 1,025
SQUARE FEET AND FOR A STORM DRAINAGE EASEMENT OF
APPROXIMATELY 295 SQUARE FEET.
WHEREAS, the City authorized the condemnation of this property for public park
~se on May 11, 2004 and filed the petition pursuant thereto on November 18, 2004; and
WHEREAS, the City has determined that the property would better serve the public
as a public parking lot as a deficiency in parking spaces is in the old town area is anticipated
as a result of old town development projects; and
WHEREAS, the City has determined that "quick take" procedures are necessary to
ensure that the necessary parking spaces will have been constructed in a timely manner to
alleviate the impending deficiency of parking spaces in the old town area; and
WHEREAS, the City has determined that there is a public need for a public parking
lot on approximately 0.37 acres of property, having an address of 3987 University Drive, on
~roperty owned by Virginia Seekford Smith and Smith and Francis, Inc.; and
WHEREAS, the City has determined that there is a public need for a public street
:ledication of approximately 449 square feet on a portion of property, having an address of
3987 University Drive, owned by Virginia Seekford Smith and Smith and Francis, Inc.; and
WHEREAS, the City has determined that there is a public need for a temporary
construction easement of approximately 1,025 square feet on a portion of property, having an
address of 3987 University Drive, owned by Virginia Seekford Smith and Smith and Francis,
Inc.; and
WHEREAS, the City has determined that there is a public need for a storm drainage
easement of approximately 295 square feet on a portion of property, having an address of
3987 University Drive, owned by Virginia Seekford Smith and Smith and Francis, Inc.; and
WHEREAS, in order to proceed with the acquisition of the property for public
parking lot purposes and for the aforementioned dedication and easement purposes, 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 a certain property having an
address of 3987 University Drive, which property is owned by Virginia Seekford Smith and
Smith and Francis, Inc., is necessary for the purpose of a public parking lot, and staff is
hereby authorized to initiate condemnation proceedings, including possession prior to the
conclusion of the condemnation proceedings, in accordance with the law.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Fairfax that condemnation utilizing "quick take" procedures of approximately 449
square feet of a certain portion of property having an address of 3987 University Drive, which
property is owned by Virginia Seekford Smith and Smith and Francis, Inc., is necessary for
the purpose of a public street dedication, and staff is hereby authorized to initiate
condemnation proceedings, including possession prior to the conclusion of the condemnation
proceedings, in accordance with the law.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Fairfax that condemnation utilizing quick take procedures of approximately 1,025
square feet of a certain portion of property having an address of 3987 University Drive, which
}roperty is owned by Virginia Seekford Smith and Smith and Francis, Inc., is necessary for
the purpose of a temporary construction easement, and staff is hereby authorized to initiate
condemnation proceedings, including possession prior to the conclusion of the condemnation
}roceedings, in accordance with the law.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
2ity of Fairfax that condemnation utilizing quick take procedures of approximately 295
square feet of a certain portion of property having an address of 3987 University Drive, which
property is owned by Virginia Seekford Smith and Smith and Francis, Inc., is necessary for
the purpose of a storm drainage easement, and staff is hereby authorized to initiate
condemnation proceedings, including possession prior to the conclusion of the condemnation
}roceedings, in accordance with the law.
ADOPTED this 14 day of June, 2005.
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~ttest:
' t- "City Cl~rk ~
Vote
Councilwoman Cross Aye
Councilman Greenfield Nay
Councilwoman Lyon Aye
Councilman Rasmussen Nay
Councilman Silverthorne Aye
CouncilmemberWinter Aye