2015-12ORDINANCE NO. 2015-12
AN ORDINANCE AUTHORIZING "QUICK -TAKE" CONDEMNATION
PROCEEDINGS FOR THE ACQUISITION OF A PUBLIC STREET DEDICATION
AND VARIOUS EASEMENTS ON THE PROPERTY OWNED BY ROBERT P.
MILLER, LARRY C. MILLER AND ELLEN MILLER, HAVING TAX MAP NO. 57-
2-02-073A.
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
I
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 Robert P. Miller, Larry C. Miller and Ellen Miller
(collectively, the "Owner"), located at 10565 Fairfax Boulevard, and having Tax Map No. 57-
2-02-073A (the "Property"): (i) approximately 962 square feet of the Property for public
street purposes; (ii) approximately 1,742 square feet of the Property for a grading agreement
and temporary construction easement; (iii) approximately 1,109 square feet of the Property for
a temporary construction easement for entrance grading; (iv) approximately 380 square feet of
„the Property for a permanent storm drainage easement; and (v) approximately 48 square feet
of the Property for a utility easement (water) (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
Mayor
Date
E-74 0 1113 6
NO/.,,�f
Votes
Councilman DeMarco
Aye
Councilman Greenfield
Aye
Councilmember Loftus
Aye
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye