HomeMy Public PortalAbout2020_01_28_R019 Edwards Ferry Road Sidewalk and Bus Shelters Capital Improvement ProjectThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2020-019
A RESOLUTION:
PRESENTED: January 28, 2020
ADOPTED: January 28, 2020
AUTHORIZING THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS ON PROPERTY OWNED BY HERITAGE
SQUARE, A CONDOMINIUM FOR PUBLIC USE BY
CONDEMNATION FOR THE PURPOSE OF CONSTRUCTION OF THE
EDWARDS FERRY ROAD SIDEWALK AND BUS SHELTERS
PROJECT
WHEREAS, Resolution No. 2018-133, entitled, "Authorizing An Offer to Acquire
Permanent and Temporary Easements for the Edwards Ferry Road Sidewalk and Bus Shelters
Agreement", approved on October 23, 2018, states that the Town Council of the Town of
Leesburg, Virginia, ("Town") certified that the Edwards Ferry Road Sidewalk and Bus Shelters
Project ("Town Project") serves a "public use" as defined in Code of Virginia of 1950, as
amended, § 1-219.1; and
WHEREAS, in Resolution No. 2018-133, the Town further found and determined that a
public necessity and use exists to acquire, for just compensation, the necessary land rights for the
construction of the Town Project from the properties listed in that Resolution and authorized and
directed Town staff to make bona fide offers with the fair market value of any and all land rights
necessary to construct the Town Project, and negotiate with and execute on behalf of the Town,
deeds from the property owners to acquire the necessary permanent and temporary easements
over those properties; and
WHEREAS, the Town is empowered by Virginia Code §§ 1-219.1, 25.1-300 et seq., and
15.2-1901 through 15.2-1907 to acquire or purchase by eminent domain (also known as
"condemnation") private property for "public use" as defined in the Virginia Constitution and
Virginia Code; and
-2—
A RESOLUTION: AUTHORIZING THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS ON PROPERTY OWNED BY HERITAGE
SQUARE, A CONDOMINIUM FOR PUBLIC USE BY CONDEMNATION
FOR THE PURPOSE OF CONSTRUCTION OF THE EDWARDS FERRY
ROAD SIDEWALK AND BUS SHELTERS PROJECT
WHEREAS, the Town desires to acquire or purchase by eminent domain certain
permanent and temporary easements over real property set forth below located in the Town,
Loudoun County, Virginia, and reaffirms its certification that the acquisition has been reviewed
for purposes of complying with Virginia Code § 1-219.1 and is to be acquired for a "public use";
specifically, Virginia Code § 1-219.1(B)(xiii) "transportation facilities including highways,
roads, streets, and bridges, traffic signals, related easements and rights of way, mass transit,
ports, and any components of federal, state, or local transportation facilities";
WHEREAS, the Town Project, which includes bus shelters and sidewalks, provides for a
safe and efficient mass transit and pedestrian system to meet the needs of the Town's residents,
improve air quality and reduce motor vehicle use, traffic congestion and emissions;
WHEREAS, the necessary permanent and temporary easements ("easements") to be
acquired by the Town and located on property owned by Heritage Square, A Condominium,
("Property Owner") are shown on the construction plans entitled "Final Site Plan Edwards Ferry
Bus Shelters & Sidewalk", prepared by Christopher Consultants, of Leesburg, Virginia, ("the
Plans"), and which Plans were provided to the Property Owner; and
WHEREAS, the property identification number for the real property owned by the
Property Owner, the permanent temporary easements, along with the individual square footage
and the fair market value of those permanent and temporary easements are listed below:
-3—
A RESOLUTION: AUTHORIZING THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS ON PROPERTY OWNED BY HERITAGE
SQUARE, A CONDOMINIUM FOR PUBLIC USE BY CONDEMNATION
FOR THE PURPOSE OF CONSTRUCTION OF THE EDWARDS FERRY
ROAD SIDEWALK AND BUS SHELTERS PROJECT
Property Identification
Number (PIN)
Land Rights Required
Offer
262 sq. ft. permanent bus shelter easement
$ 1,965.00
188-38-2607
218 sq. ft. temporary construction & grading easement
$ 545.00
$ 2,510.00
WHEREAS, an advertised public hearing was held pursuant to Code of Virginia of 1950,
as amended, § 15.2-1903(B).
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. The Town has determined that construction of the Town Project serves a "public use" as
defined in Virginia Code § 1-219.1 and as outlined above;
2. The Town has determined that a public use and necessity exists for the acquisition of the
permanent and temporary easements set forth above to construct the Town Project as the
permanent and temporary easements are essential and necessary for the completion of the
Town Project.
3. The Town and the Property Owner cannot agree on the compensation to be paid for the
permanent and temporary easements or other terms of purchase or settlement.
4. The Town has made a bona fide, but ineffectual effort to purchase the permanent and
temporary easements by written offer representing just compensation to the Property Owner
in the amount of $2,510.00, as required by Virginia Code § 25.1-204, but the Property Owner
has refused the written bona fide offer.
-4—
A RESOLUTION: AUTHORIZING THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS ON PROPERTY OWNED BY HERITAGE
SQUARE, A CONDOMINIUM FOR PUBLIC USE BY CONDEMNATION
FOR THE PURPOSE OF CONSTRUCTION OF THE EDWARDS FERRY
ROAD SIDEWALK AND BUS SHELTERS PROJECT
5. The Town Manager, Town Attorney, Director of Public Works and Capital Projects, and
their outside counsel are authorized and directed on behalf of the Town to acquire the
permanent and temporary easements for public use by judicial proceedings (and take other
necessary steps), in accordance with Virginia Code §§ 15.2-1900 et seq. and §§ 25.1-300 et
seq., and Town staff is hereby authorized to pay the compensation set forth in paragraph 4
above in the form of a Certificate of Take to be filed with the Loudoun County Circuit Court
in accordance with the requirements of §§ 25.1-300 et seq.
PASSED this 28th day of January, 2020.
111;�
Kell Burl lvIayor
Town of Leesburg
ATTEST:
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0128 Edwards Ferry Road Sidewalk and Bus Shelters Capital Improvement
Project