HomeMy Public PortalAbout2019_10_15_R154 West Market Street Sidewalk Improvements Project - Acquisition of Right of Way Dedications and EasmentsThe Town of
Leesburg,
Virginia
PRESENTED:
RESOLUTION NO. 2019-154 ADOPTED:
October 15, 2019
October 15, 2019
A RESOLUTION: AUTHORIZING THE ACQUISITION OF RIGHT OF WAY DEDICATIONS
AND EASEMENTS FOR THE WEST MARKET STREET, AYR STREET TO
MORVEN PARK ROAD SIDEWALK IMPROVEMENTS PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a street improvement project adjacent to and through real properties further
set forth below, and for all other purposes incidental thereto, to acquire right of way dedications and
easements from the below -listed properties; and
WHEREAS, the Council further finds and determines that public necessity and use exist to
improve safety, health and welfare of the public for the acquisition of the right of way dedications
and easements necessary for the construction of the West Market Street, Ayr Street to Morven Park
Road Sidewalk Improvements project ("Project") adjacent to and through the real properties, listed
in the table below; and
WHEREAS, the Town of Leesburg is empowered by Virginia Code Sections 15.2-1800
through 15.2-1814, 15.2-1901 through 15.2-1907, and 33.2-1014 to acquire by purchase or eminent
domain private property for the purpose of carrying out its powers and duties; and
WHEREAS, the Town of Leesburg desires to acquire by purchase or eminent domain certain
right of way dedications and easements over real property further set forth below located in the
Town of Leesburg, and certifies that the acquisition has been reviewed for purposes of complying
with Virginia Code Section 1-219.1; and
WHEREAS, the Council wishes to authorize the Town Manager, Town Attorney, Director
of Public Works and Capital Projects, and their outside counsel to proceed with the acquisition of
the right of way dedications and easements for this Project; and
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A RESOLUTION: AUTHORIZING THE ACQUISITION OF RIGHT OF WAY DEDICATIONS
AND EASEMENTS FOR THE WEST MARKET STREET, AYR STREET TO
MORVEN PARK ROAD SIDEWALK IMPROVEMENTS PROJECT
WHEREAS, the property identification numbers for the real properties necessary for the
acquisition of the right of way dedications and easements for this Project are listed below.
Property Identification Number (PIN)
231-46-7462
231-46-5368
231-46-3972
231-46-2676
231-46-1783
231-46-0986
231-45-9489
231-45-7191
231-46-5945
231-46-1150
231-46-3248
THEREFORE, RESOLVED, the Council of the Town of Leesburg in Virginia:
1. Hereby finds and determines that a public necessity and use exists to acquire the
necessary land rights for the construction of the West Market Street, Ayr Street to
Morven Park Road Sidewalk Improvement project ("Project") adjacent to and
through real properties identified as 231-46-7462, 231-46-5368, 231-46-3972, 231-
46-2676, 231-46-1783, 231-46-0986, 231-45-9489, 231-45-7191, 231-46-5945, 231-
46-1150 and 231-46-3248, and as listed above.
2. Authorizes and directs the Town Manager, Town Attorney, Director of Public Works
and Capital Projects, and their outside counsel to negotiate with and execute on
behalf of the Town deeds to acquire the necessary right of way dedications and
easements over the land aforesaid from the property owners, their successors and
assigns in the location deemed appropriate by the Department of Public Works and
Capital Projects at a price reasonably related in their judgment to the fair market
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A RESOLUTION: AUTHORIZING THE ACQUISITION OF RIGHT OF WAY DEDICATIONS
AND EASEMENTS FOR THE WEST MARKET STREET, AYR STREET TO
MORVEN PARK ROAD SIDEWALK IMPROVEMENTS PROJECT
value of the right of way dedications and easements, and on such terms and
conditions as they deem advantageous to the Town, in a form approvable by the
Town Attorney.
3. Authorizes and approves the funding for the purchase price by agreement and the
expenditure of such funds for the right of way dedications and easements necessary
to complete the Project, as well as all other acquisition costs.
4. Authorizes and directs the Town Manager, Town Attorney, Director of Public Works
and Capital Projects, and their outside counsel to take such additional actions as may
be necessary or convenient to accomplish the acquisition of the right of way
dedications and easements as required by this Resolution.
5. Directs the Clerk of Council to affix the seal of the Town to such documents as may
be necessary or convenient to accomplish the acquisition of the right of way
dedications and easements as required by this Resolution.
PASSED this 15th day of October, 2019.
Town of Leesburg
ATTEST:
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Resolutions\2019\1015 West Market Street Sidewalk Improvements project — Acquisition of Right of Way Dedications
and Easements