HomeMy Public PortalAbout1986_09_24_R208g.~/~urg in ~'rgir~ia
RESOLUTION NO.
A RESOLUTION:
PRESENTED September 24~ 1986
86-208
ADOPTED September 24~ 1986
AUTHORIZING AN OFFER TO WILLIAM S. ALBERTS AND HELEN
A. ALBERTS FOR A STORM DRAINAGE EASEMENT AND AUTHORIZING
CONDEMNATION PROCEEDINGS
WHEREAS, the lands immediately adjacent to Tuscarora Creek in the
southeastern section of the Town of Leesburg have long been subject
to drainage deficiencies and occasional flooding by Tuscarora Creek;
and
WHEREAS, the Town of Leesburg has taken numerous steps to alleviate
the problems over the years, including the rechannelization of portions
of Tuscarora Creek and the acquisition of storm drainage easements;
and
WHEREAS, the public roads to be constructed in Leesburg Gateway
development owned by J. Lynn Cornwell and A. C. Echols, Jr. Trustee,
are vital links to Leesburg's transportation system and will increase
the stormwater onto Sycolin Road; and
WHEREAS, this portion of Sy¢olin Road is currently served by drainage
easements across the property of William S. Alberts and Helen A. Alberts
acquired by the Commonwealth of Virginia by condemnation on July 9,
1968, which drainage easements are recorded in Deed Book 488 at Page
685 and which easements allow storm drainage to discharge onto the Alberts'
property, which has since been zoned F-1 because the property lies entirely
within the 1982 Federal Emergency Management Agency lO0-year flood plain;
and
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RESOLUTION - AUTHORIZING AN OFFER TO WILLIAM S. ALBERTS
WHEREAS, the Town of Leesburg has determined it necessary to expand
the aforesaid drainage easements in accordance with the engineering
plans of Bengston, DeBell, Elkin & Titus dated September 3, 1985, to
reduce the flood hazard to lands adjacent to Tuscarora Creek and Sycolin
Road and by extending the existing storm drainage easements to channe].
the anticipated run-off of stormwater through the property of William
S. Alberts and Helen A. Alberts to the Tuscarora Creek basin; and
WHEREAS, an appraisal of the easements has been made dated August
14, 1986, estimating the value to be $4,183.75; and
WHEREAS, J. Lynn Cornwell, Jr., Trustee and A. C. Echols, Jr.,
Trustee, have agreed to pay all costs related to acquisition of the
aforesaid easements and construction thereon and will post a $25,000.00
performance guarantee with the town acceptable to the town attorney
to guarantee payment of such costs related to acquisition; and
WHEREAS, due to the on-going construction of Davis Avenue to connect
the aforesaid roads to Sycolin Road, an essential convenience, necessity
and emergency exists requiring entry upon the lands of William S. Alberts
and Helen A. Alberts for construction of the aforesaid channels to Tuscarora
Creek within the proposed easements prior to an adjudication of value,
pursuant to §25-46.8 of the 1950 Code of Virginia, as amended:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. William S. Alberts and Helen A. Alberts are hereby
offered the sum of $4,183.75 cash for the acquisition of two (2) channel
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RESOLUTION - AUTHORIZING AN OFFER TO WILLIAM S. ALBERTS
improvement easements described on the plat of Bengston, DeBell, Elkin
and Titus dated September 3, 1985, on condition that title to the land
affected is free and clear of all defects, liens or conditions which
would inhibit the use of the area for the purposes intended; the easements
will be conveyed according to the plat and description described above
by good and proper deed, a copy thereof is attached with the usual warranties
of title within thirty (30) days after written acceptance of this offer,
with a right of entry commencing at the time of acceptance; and the
grantors tax shall be paid by Mr. and Mrs. Alberts.
SECTION II. In the event this offer is not accepted in writing
within thirty (30) days from receipt, and upon proper posting of the
reimbursement guarantee hereinabove referred to, the Council hereby
declares that an essential public necessity exists under §15.1-283 of
the 1950 Code of Virginia as amended, for the acquisition of the easements
by condemnation and right of early entry pursuant to §25-46.8 of the
1950 Code of Virginia as amended, and does hereby authorize the town
attorney to file the requisite petition for condemnation and early entry,
giving notice thereof as required by law, on behalf of the Town of Leesburg.
SECTION III. J. Lynn Cornwell, Jr., Trustee and A. C. Echols,
Jr., Trustee, shall be required to reimburse the town for all legal
expenses related to the condemnation authorized herein, including any
award for damages and value of the easements.
PASSED this 24th day of
ATTEST: ~-~
Clerk of C~uncil
September , 1986.
Charles J. l~/illiams, Vice-Mayor
Town of Leesburg