2011-21 ORDINANCE NO. 2011-21
AN ORDINANCE AUTHORIZING "QUICK TAKE" CONDEMNATION
PROCEEDING FOR THE ACQUISITION OF A STREET DEDICATION (PUBLIC
RIGHT OF WAY), TRAFFIC SIGNALIZATION EASEMENT AND DOMINION
VIRGINIA POWER EASEMENT ON THE PROPERTY OWNED BY SWART
SOUTHEAST CORNER ASSOCIATES, HAVING TAX MAP NO. 57-1-02-009
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 Swart Southeast Corner Associates, located at 11185 Fairfax Boulevard, and having
Tax Map No. 57 -1 -02 -009 (the "Property "): approximately, (i) 21 square feet of the subject g'
property for a street dedication (public right of way); (ii) 378 square feet of the subject
property for a traffic signalization easement; and (iii) 120 square feet of the subject property
for a Dominion Virginia Power 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 E.
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
Mayor
(Z0 ///
Date
ATTEST:
City Clerk
Votes
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye