2015-06ORDINANCE NO. 2015-06
AN ORDINANCE AUTHORIZING "QUICK -TAKE" CONDEMNATION
PROCEEDINGS FOR THE ACQUISITION OF A PUBLIC STREET DEDICATION
AND VARIOUS EASEMENTS ON THE PROPERTY OWNED BY BURKE
PETROLEUM REALTY, LLC, HAVING TAX MAP NO. 57-2-02-021.
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 29150 (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 Burke Petroleum Realty, LLC (the "Owner"),
located at 10480 Fairfax Boulevard, and having Tax Map No. 57-2-02-021 (the "Property"):
(i) approximately 1,510 square feet of the Property for public street purposes; (ii)
approximately 2,386 square feet of the Property for a grading agreement and temporary
construction easement; (iii) approximately 1,930 square feet of the Property for a temporary
construction easement for entrance grading; (iv) approximately 296 square feet of the
Property for a temporary construction easement for demolition; and (v) approximately 551
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.
s ordinance shall become effective as provided by law.
December 9, 2014
City Council hearing: January 13, 2015
Adopted: January 13, 2015
ATTEST:
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Votes
Councilman DeMarco
Aye
Councilman Greenfield
Aye
Councilmember Loftus
Aye
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye
Mayor
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Date