2011-17 ORDINANCE NO. 2011-17
AN ORDINANCE AUTHORIZING "QUICK TAKE" CONDEMNATION
PROCEEDING FOR THE ACQUISITION OF A STREET DEDICATION (PUBLIC
RIGHT OF WAY), TRAFFIC SIGNALIZATION EASEMENT, JOINT -USE UTILITY
EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT ON THE
PROPERTY OWNED BY FIRST STATES INVESTORS 5200, LLC, HAVING TAX
MAP NO. 57-1-02-005
WHEREAS, the City has undertaken to install and construct certain road
improvements in the Jermantown Road area, and further identified as " Jermantown Road
Phase II" (the "Project "); and
WHEREAS, the City has determined that there is a public need to acquire the
following street dedication (public right of way) and easements on a portion of property
owned by First States Investors 5200, LLC, located at 11190 Fairfax Boulevard, and having
Tax Map No. 57 -1 -02 -005 (the "Property "): (i) approximately 8,614 square feet of the
Property for a street dedication (public right of way); (ii) approximately 430 square feet of the
Property for a traffic signalization easement; (iii) approximately 5,752 square feet of the
Property for a joint -use utility easement (to be shared by Dominion Virginia Power and
Verizon); and (iv) approximately 9,185 square feet of the Property for a temporary
construction easement (collectively, the "To Be Acquired Property "); and
WHEREAS, the City has engaged a licensed appraiser to value the Property and the
To Be Acquired Property; and
WHEREAS, the City has held a public hearing regarding the To Be Acquired
Property pursuant to Virginia Code § 15.2 -1903; and
WHEREAS, the City and the Owner have been unable to reach agreement on the
valuation for the To Be Acquired Property; and
WHEREAS, due to the deadlines imposed in conjunction with the Project, the
initiation of condemnation proceedings utilizing "quick take" procedures is necessary.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Fairfax, Virginia, that condemnation utilizing "quick take" procedures of the To Be Acquired
Property is necessary, for the reasons set forth in this ordinance, and staff is hereby authorized
to initiate condemnation proceedings, including possession prior to the institution of the
condemnation proceedings, in accordance with applicable law.
This ordinance shall become effective as provided by law.
Introduced: September 27, 2011
Public hearing: October 11, 2011
Enacted: October 11, 2011
3 • Q 4
Mayor
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Date
ATTEST:
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City Clerk
Votes
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Y
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye