2015-09ORDINANCE NO. 2015-09
AN ORDINANCE AUTHORIZING "QUICK -TAKE" CONDEMNATION
PROCEEDINGS FOR THE ACQUISITION OF A PUBLIC STREET DEDICATION
AND VARIOUS EASEMENTS ON THE PROPERTY OWNED BY FAIRFAX
REGENCY, LLC, HAVING TAX MAP NOS. 57-2-02-028,57-2-02-029 AND 57-2-02-
031.
WHEREAS, the City has undertaken to install and construct certain roadway and drainage
improvements in the general vicinity of the intersection of U.S. Route 29/50 (Fairfax
Boulevard) and Route 123 (Chain Bridge Road), further identified as the "Northfax Project"
(the "Project"); and
WHEREAS, the City has determined that there is a public need to acquire the following
public street dedication and easements on a portion of real property located within the
municipal boundaries of the City, owned by Fairfax Regency, LLC (the "Owner"), located at
10334-10412 Fairfax Boulevard, and having Tax Map Nos. 57-2-02-028, 57-2-02-029 and
57-2-02-031 (the "Property"): (i) approximately 3,016 square feet of the Property for public
street purposes; (ii) approximately 22,648 square feet of the Property for a grading agreement
and temporary construction easement; (iii) approximately 8,648 square feet of the Property for
temporary construction easement for demolition; (iv) approximately 9,302 square feet of the
Property for a sanitary sewer utility easement; (v) approximately 41,647 square feet of the
Property for a permanent storm drainage easement; and (vi) approximately 1,819 square feet
Vroperty");
the Property for a permanent signal easement (collectively, the "To Be Acquired
and
HEREAS, the City and the Owner have been unable to reach agreement on the valuation
r the To Be Acquired Property; and
,S, due to the deadlines imposed in conjunction with the Project, the initiation of
ion proceedings utilizing "quick -take" procedures is necessary, in the City's
determination.
OW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Fairfax,
irginia, that condemnation utilizing "quick -take" procedures of the To Be Acquired Property
necessary, for the reasons set forth in this ordinance, and staff is hereby authorized to
vitiate condemnation proceedings, including possession prior to the institution of the
)ndemnation proceedings, in accordance with applicable law.
ordinance shall become effective as provided by law.
December 9, 2014
Council hearing: January 13, 2015
:Adopted: January 13, 2015
Councilman DeMarco
Councilman Greenfield
.Councilmember Loftus
Councilman Meyer
Councilmember Miller
Councilmember Schmidt
Aye
Aye
Aye
Aye
Aye
Aye
Mayor
Date