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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