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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 //`/ Date ATTEST: � . /i Af■ ,! f/ City Clerk Votes Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Y Councilmember Schmidt Aye Councilman Silverthorne Aye Councilman Stombres Aye