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HomeMy Public PortalAbout1991_08_13_R179The Town of Leesburg, trgtma RESOLUTION NO. A RESOLUTION: PRESENTED August 13, 1991 91-179 ADOPTED August 13, 1991 REQUESTING THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION ACQUIRE THE NECESSARY RIGHT-OF-WAY FROM THE KRB WAREHOUSE PROPERTY FOR THE PLAZA STREET EXTENSION PROJECT WHEREAS, the Town Council of the Town of Leesburg has requested the Plaza Street Extension Project be constructed by the Virginia Department of Transportation (VDOT) as part of the Six-Year Improvement Program; and WHEREAS, the Plaza Street Extension Project is included in the VDOT Six-Year Improvement Program and identified as Urban System Project U000-253-102, PE-101; and WHEREAS, a portion of the KRB Warehouse property is needed as right-of-way for the Plaza Street Extension Project; and WHEREAS, under the terms of an agreement between the town and the owners of the KRB Warehouse Property, the right-of-way for the Plaza Street extension must be acquired by September 25, 1991 or the town will pay a penalty of $5,000.00 to the property owners; and WHEREAS, Section 33.1-89 of the Code of Virginia authorizes the Virginia Department of Transportation to acquire rights-of-way for projects which are to be constructed if requested by the municipality concerned. VfI-IE~, VDOT's current schedule will not fulfdl the town's commitment to acquire the right- of-way reserved within the KI{B site prior to September 25, 1991; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: -2- REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION ACQUIRE NECESSARY RIGHT-OF-WAY FROM KI%B WAEEHOUSE PROPERTY FOR PLAZA STREET EXTENSION SECTION I. The Town of Leesburg hereby requests that the Virginia Department of Transportation acquire, before September 25, 1991, the necessary right-of-way within the KRB Warehouse Property for the Plaza Street Extension Project U000-253-102, RW-201 within the corporate l{-~ts of the town and to convey the title to such right-of-way to the town. The town agrees to reimburse the Department of Transportation for two percent (2%) of all costs incurred in the acquisition and conveyance of such right-of-way, and it is understood that such acquisitions will be handled by the Com,n~.~sioner under established policies and procedures and his decision in all instances shall be £mal. SECTION II. The Town Manager is hereby authorized to execute, on behalf of the Town of Leesburg, all necessary utility agreements required in conjunction with acquiring such right-of-way. PASSED this 13th day of August ,1991. /~'~ Robert E. Sevila, Mayor Town of Leesburg ATTEST: Clerk of Council plazaext.res