HomeMy Public PortalAbout2020_04_14_R056 Bus Shelters - Townwide Project - Acquire Permanent and Temporary EasementsThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2020-056
PRESENTED: April 14, 2020
ADOPTED: April 14, 2020
A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE BUS SHELTERS-TOWNWIDE
PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of the public transportation facilities 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 permanent and
temporary easements necessary for the construction of the Bus Shelters -Townwide 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 permanent and temporary 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 permanent and temporary easements for this Project; and
WHEREAS, the property identification number for the real properties necessary for the
acquisition of the permanent and temporary easements for this Project are listed below.
-2-
A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE BUS SHELTERS
TOWNWIDE PROJECT
Property Identification Number (PIN)
148-45-3483 148-46-5270
148-27-8674
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 Bus Shelters -Townwide project
("Project") adjacent to and through real properties identified 148-45-3483, 148-46-
5270 and 148-27-8674, 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 permanent and temporary
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
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 permanent and temporary 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
permanent and temporary easements as required by this Resolution.
-3-
A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE BUS SHELTERS
TOWNWIDE PROJECT
ATTEST:
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 permanent and
temporary easements as required by this Resolution.
PASSED this 14th day of April, 2020.
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Town of Lees urg
LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0414 Bus Shelters -Townwide Project -Acquire Permanent and Temporary Easements