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20050727 R-05-52RESOLUTION NO. R-05-52 A RESOLUTION TO INITIATE "QUICK TAKE" CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF A PUBLIC STREET DEDICATION, A RETAINING WALL EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT ON THE PROPERTY OWNED BY NORTH STREET ASSOCIATES, L.C., HAVING TAX MAP NO. 57-2-((20))-2. 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 4,075 square feet on a portion of property owned by North Street Associates, L.C., having Tax Map No. 57-2-((20))-2 (the "Property"); and WHEREAS, the City has determined that there is a public need for a temporary construction easement of approximately 68 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 1,076 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 condenmation 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 4,075 square feet of the Property is necessary for the purpose of a public street dedication; (ii) approximately 1,076 square feet of the Property is necessary for the purpose of a retaining wall easement; and (iii) approximately 68 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. MAYOR Attest: City Clerk Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthorne Councilmember Winter Vote Aye Aye Aye Aye Aye Aye