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Home My Public Portal About1999_08_10_O025 Easements for Fort Evans Road Improvements TI~ To~ of Leesburg, Virginia ORDINANCE NO. 99-0--25 PRESENTED August 10, 1999 ADOPTED August I0, 1999 AN ORDINANCE: APPROVING AND DECLARING THE PUBLIC USE AND NECESSITY OF FORT EVANS ROAD, AUTHORIZING AN OFFER AND CONDEMNATION PROCEEDINGS FOR ACQUISITION OF RIGHT-OF-WAY DEDICATION AND EASEMENTS FOR FORT EVANS ROAD IMPROVEMENTS AND VACATION OF RIGHT-OF- WAY ON FORT EVANS ROAD. WHEREAS, pursuant to public notice, a duly advertised public hearing was held on the 10th day of August, 1999 to consider approving and declaring the public use and necessity for Fort Evans Road, authorizing an offer and condemnation proceedings for acquisition of right-of- way dedication and easements for Fort Evans Road, and vacation of right-of-way on Fort Evans Road; and WHEREAS, the current Town Plan provides that Fort Evans Road shall be a four-lane roadway east of the Rt. 15 Bypass; and WHEREAS, the Town has approved construction drawings for the construction of two of the four lanes of Fort Evans Road, in locations as set forth on Plats (hereinafter referred to as Plats) entitled as follows: 1) "Plat Showing Temporary Grading and Storm Drainage Easements on Parcel B8 International Pavilion, L.P." dated June 10, 1999 and revised through 7/7/99. Plat No. FTEVAN1.DWG 2) "Plat Showing Street Vacation and Storm Drainage, Temporary Utility and Temporary Grading easements on the Properties of Goose Creek Communities LLC and Potomac Station Retail, L.L.C." dated June 7, 1999 & revised through 7/23/99. Plat No. FERP1A7.DWG -2- AN ORDINANCE: APPROVING AND DECLARING THE PUBLIC USE AND NECESSITY OF FORT EVANS ROAD... 3) "Plat Showing Street Vacation and Storm Drainage, Temporary Utility and Temporary Grading Easements on the Property of Goose Creek Communities, L.L.C.", dated June 7, 1999 & revised through 7/27/99. Plat No. FERP27D1 .DWG 4) "Plat Showing Street Dedication and Vacation and Storm Drainage, Temporary Utility and Temporary Grading Easements on the Property of Goose Creek Communities, L.L.C.", dated June 7, 1999 & revised through 7/27/99. Plat No. FERP27D2.DWG 5) "Plat Showing Street Vacation and Storm Drainage and Temporary Grading Easements on the Property of Goose Creek Communities, L.L.C.", dated June 7, 1999 & revised through 7/27/99. Plat No. FERP27D3.DWG 6) "Plat Showing V.E.P.CO. and Temporary Grading Easements on Central Loudoun Little League", dated June 10, 1999 and revised through 7/7/99. Plat No. FTEVAN5.DWG 7) "Plat Showing Storm Drainage and Temporary Grading Easements on Goose Creek Communities, L.L.C.", dated June 10, 1999 & revised through 7/27/99. Plat No. FTEVAN6.DWG 8) "Plat Showing Storm Drainage and Temporary Grading Easements on PMW Farms Limited Partnership", dated June 20, 1999 & revised through 7/7/99. Plat No. FTEVAN4.DWG -3- AN ORDINANCE: APPROVING AND DECLARING THE PUBLIC USE AND NECESSITY OF FORT EVANS ROAD... 9) "Plat Showing Temporary Grading Parmership", dated June 10, 1999 FTEVAN3 .DWG Easement on Spring Lakes Limited & revised through 7/7/99. Plat No. 10) "Plat Showing Storm Drainage Easement on Spring Lakes Limited Partnership", dated June 10, 1999 & revised through 7/7/99. Plat No. FTEVAN2.DWG 11) "Plat Showing Street Dedication and Temporary Construction Easement on the Property of Cattail, L.C.", dated July 26, 1999. Plat No. 1592RP05.DWG 12) "Plat Showing Boundary Survey Remainder of Parcel "B" (Parts B1 & B2) Property of International Pavilion, L.P.", dated September 30, 1998 & revised through 11/16/98. Plat No. RF-H13; and WHEREAS, construction and improvements of the roadway are essential elements of the Town's transportation plan as set forth in the Town's Comprehensive Plan and such roadway improvements promote the health, safety, and welfare of the public and citizens of Leesburg; and WHEREAS, the Town approves the Public use of Fort Evans Road as a roadway and declares the necessity of such roadway therefor; and WHEREAS, it is necessary to acquire the right-of-way dedication and easements from the property owners contiguous to and within Fort Evans Road for such roadway improvements as set forth on the Plats; and WHEREAS, efforts to secure all such right-of-way and easements have been unsuccessful; and -4- AN ORDINANCE: APPROVING AND DECLARING THE PUBLIC USE AND NECESSITY OF FORT EVANS ROAD... WHEREAS, a fair market value for such right-of-way and easements, both temporary and permanent, has been established by a certified appraiser; and WHEREAS, the certified appraiser has set a fair market value of $.75 per square foot for fee simple right-of-way acquisition, 35% of $.75 per square foot for permanent easement acquisition and 15% of $.75 per square foot for temporary easement acquisition per square foot for improvements along Fort Evans Road on the south side of the road; and WHEREAS, the certified appraiser has set a fair market value of $1.00 per square foot for fee simple right-of-way acquisition, 35% of $1.00 per square foot for permanent easement acquisition and 15% of $1.00 per square foot for temporary easement acquisition for improvements along Fort Evans Road on the North side, except for property owned by International Pavilion Limited Partnership and the Festival Lakes Property; and WHEREAS, the certified appraiser has set a fair market value of $2.00 per square foot for fee simple right-of-way acquisition, 35% of $2.00 per square foot for permanent easement acquisition and 15% of $2.00 per square foot for temporary easement acquisition for improvements contiguous to Fort Evans Road on the North side owned by International Pavilion Limited Parmership and a fair market value at $.60 per square foot for right of way acquisition for the 1.2884 acres owned by International Pavilion Limited Partnership, located within Fort Evans Road; and WHEREAS, the certified appraiser has set a fair market value of $.60 per square foot for fee simple right-of-way acquisition, 35% of $.60 per square foot for permanent easement -5- AN ORDINANCE: APPROVING AND DECLARING THE PUBLIC USE AND NECESSITY OF FORT EVANS ROAD... acquisition and 15% of $.60 per square foot for temporary easement acquisition for improvements to Fort Evans Road on the North side of property being known as Festival Lakes; and WHEREAS, it is necessary to vacate certain portions of existing Fort Evans Road to accommodate the improvements to Fort Evans Road; and WHEREAS, the vacation and the acquisition will result in a net land area to be acquired by the town for both the fee simple right-of-way and easement acquisitions; and WHEREAS, the Town authorizes the Deputy Town Attorney and Acting Town Manager to offer the appraised value to the property owners contiguous to and within Fort Evans Road who have not executed Deeds of Dedication and Easements, as applicable, for the net area of right-of-way and easements; and WHEREAS, the Town authorizes the Deputy Town Attorney to condemn the property of the property owners who do not accept the offer and execute the Deeds of Dedication and Easements in accordance within the Plats, as applicable, within 10 days of the offer; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Section I. The Council hereby approves the public use of and declares the necessity of Fort Evans Road as a public roadway and the necessity to acquire the right-of-way dedications and easements for improvements to and construction of Fort Evans Road as set forth on the Plats. -6- AN ORDINANCE: APPROVING AND DECLARING THE PUBLIC USE AND NECESSITY OF FORT EVANS ROAD... Section II. The Council hereby approves the vacation of the portion of Fort Evans Road as set forth on the Plats attached hereto and made a part hereof and authorizes this Ordinance and the Plats to be recorded by the Clerk of the Council among the land records of Loudoun County, Virginia. Section IlL The Deputy Town Attorney and Acting Town Manager are hereby authorized to offer to the property owners who have not executed Deeds of Dedication and Easements, as applicable, as set forth on the Plats attached hereto and made a part hereof, the sum of $.75 per square foot for fee simple right-of-way acquisition, 35% of $.75 per square foot for permanent easement acquisition and 15% of $.75 per square foot for temporary easement acquisition for improvements to Fort Evans Road, not otherwise offset by any vacations of right- of-ways and easements on the South side of Fort Evans Road; the sum of $1.00 per square foot for fee simple right-of-way acquisition, 35% of $1.00 per square foot for permanent easement acquisition and 15% of $1.00 per square foot for temporary easement acquisition for improvements to Fort Evans Road, not otherwise offset by any vacations of right-of-way and easements on the North side of Fort Evans Road, except for property owned by International Pavilion Limited Partnership and the Festival Lakes Property; the sum of $.60 per square foot for fee simple right-of-way acquisition, 35% of $.60 per square foot for permanent easement acquisition and 15% of $.60 per square foot for temporary easement acquisition for improvements to Fort Evans Road on the North side for property known as Festival Lakes; the sum of $.60 per square foot for fee simple right-of-way acquisition for the 1.2884 acres within -7- AN ORDINANCE: APPROVING AND DECLARING THE PUBLIC USE AND NECESSITY OF FORT EVANS ROAD... Fort Evans Road owned by International Pavilion Limited Partnership; and the sum of $2.00 per square foot for fee simple right-of-way acquisition, 35% of $2.00 per square foot for permanent easement acquisition and 15% of $2.00 per square foot for temporary easement acquisition for improvements contiguous to Fort Evans Road on the North side of Fort Evans Road owned by International Pavilion Limited Partnership. Section IV. In the event the offers are not accepted within 10 days of the offer, the Council does hereby authorize the Deputy town attorney to file the requisite petitions for condemnation, certificates of take and rights of early entry on behalf of the Town of Leesburg pursuant to the Charter for the Town of Leesburg and the 1950 Code of Virginia, as amended. The Council does further hereby authorize the Director of Finance to issue a check in the amount necessary and payable to the Clerk of the Circuit Court of Loudoun County, Virginia and to deposit the check with such Clerk, to allow for the take of such land and the filing of the Certificate of Take. The Council does hereby further authorize the Mayor to sign any and all documents, including but not limited to a certificate of take to affect such acquisition of dedicated right-of-way and easements, both temporary and permanent. PASSED this 10th day of August, 1999. Clem, Mayor Leesburg Clerk of Council