2011-23 ORDINANCE NO. 2011-23
AN ORDINANCE AUTHORIZING "QUICK TAKE" CONDEMNATION
PROCEEDING FOR THE ACQUISITION OF A STREET DEDICATION (PUBLIC
RIGHT OF WAY), TRAFFIC SIGNALIZATION EASEMENT, TEMPORARY
CONSTRUCTION EASEMENT, AND JOINT -USE UTILITY EASEMENT ON THE
PROPERTY OWNED BY GUARDIAN MAIN STREET, L.L.C., HAVING TAX MAP
NO. 57-1-02-038
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 Guardian Main Street, L.L.C., located at 11130 Fairfax Boulevard, and having Tax
Map No. 57 -1 -02 -038 (the "Property "): approximately, (i) 1,482 square feet of the subject
property for a street dedication (public right of way); (ii) 661 square feet of the subject
property for a traffic signalization easement; (iii) 820 square feet of the subject property for a
temporary construction easement; and (iv) 984 square feet of the subject property for a joint -
use utility 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
Mayor
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Date
ATTEST:
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City Clerk
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Votes
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye