HomeMy Public PortalAbout2020_08_11_R082 Royal Street SE Storm Drainage Improvements Project - Acquisition of Permanent and Temporary Easements The Town of
Leesburg,
Virginia
PRESENTED: August 11, 2020
RESOLUTION NO. 2020-082 ADOPTED: August 11, 2020
A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT
AND TEMPORARY EASEMENTS FOR THE ROYAL
STREET SE STORM DRAINAGE IMPROVEMENTS
PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is
necessary for the construction of a storm drainage improvement project adjacent to and
through real properties further set forth below, and for all other purposes incidental thereto, to
acquire permanent and temporary 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 Royal Street SE Storm
Drainage 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, and 15.2-1901 through 15.2-1907.1, 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
-2-
A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE ROYAL STREET SE
STORM DRAINAGE IMPROVEMENTS PROJECT
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.
Property Identification Number(PIN)
231-39-0909 231-29-1494
231-39-1805 231-29-1893
231-39-2204 231-29-2192
231-39-2703 231-29-2492
THEREFORE, RESOLVED, that 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 Royal Street SE Storm Drainage
Improvements project ("Project") adjacent to and through real properties as
described above and identified as property identification numbers 231-39-0909, 231-
39-1805, 231-39-2204,231-39-2703,231-29-1494,231-29-1893,231-29-2192 and 231-
29-2492.
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 respective property owners, their
-3-
A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE ROYAL STREET SE
STORM DRAINAGE IMPROVEMENTS PROJECT
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 permanent and temporary 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.
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 11 day of August, 2020.
Key rk, or
Town of Lees urg
ATTEST:
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0811 Royal Street SE Storm Drainage Improvements Project-Acquisition of Permanent and
Temporary Easements