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2015-05ORDINANCE NO. 2015-05 AN ORDINANCE AUTHORIZING "QUICK -TAKE" CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF A PUBLIC STREET DEDICATION AND VARIOUS EASEMENTS ON THE PROPERTY OWNED BY BANK OF AMERICA, N.A., HAVING TAX MAP NOS. 57-2-02-022 AND 57-2-02-023. WHEREAS, the City has undertaken to install and construct certain roadway and drainage improvements in the general vicinity of the intersection of U.S. Route 29/50 (Fairfax Boulevard) and Route 123 (Chain Bridge Road), further identified as the "Northfax Project" (the "Project"); and WHEREAS, the City has determined that there is a public need to acquire the following public street dedication and easements on a portion of real property located within the municipal boundaries of the City, owned by Bank of America, N.A. (the "Owner"), located at 10464 and 10470 Fairfax Boulevard, and having Tax Map Nos. 57-2-02-022 and 57-2-02-023 (the "Property"): (i) approximately 1,460 square feet of the Property for public street NM purposes; (ii) approximately 10,737 square feet of the Property for a grading agreement and temporary construction easement; (iii) approximately 1,537 square feet of the Property for a temporary construction easement for entrance grading; (iv) approximately 10,409 square feet of the Property for a permanent storm drainage easement; (v) approximately 447 square feet of the Property for a sanitary sewer easement; and (vi) approximately 1,923 square feet of the Property for a joint use utility easement (Cox Communications Northern Virginia, Dominion Virginia Power and Verizon Virginia Inc.) (collectively, the "To Be Acquired Property"); 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, in the City's reasonable determination. 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: December 9, 2014 City Council hearing: January 13, 2015 Adopted: January 13, 2015 ATTEST: Votes Councilman DeMarco Aye Councilman Greenfield Aye Councilmember Loftus Aye Councilman Meyer Aye Councilmember Miller Aye Councilmember Schmidt Aye Mayor Date