HomeMy Public PortalAbout1991_09_24_R208The'Town of
Leesburg,
Tirginia
PRESENTED
September 24, 1991
RESOLUTION NO. 91-208
ADOPTED September 24~ 1991
A RESOLUTION: AUTHORIZING A REVISED OFFER TO BILLY J. TISINGER, TRUSTEE FOR
THE PURCHASE OF SANITARY SEWER EASEMENT, STORM DRAINAGE
EASEMFAqT, TEMPORARY CONSTRUCTION AND GRADING EAS~NT AND
RIGHT-OF-WAY DEDICATION NEEDED FOR THE PHASE VI STORM
DRAINAGE IMPROVEMENT PROJECT
WHEREAS, Resolution No. 89-154, adopted by the Town Council on July 25, 1989, approved an
offer of $15,901.00 ss compensation for easements and road right-of-way required on the property of
the Page-Brooke Land Trust for the construction of the Phase VI Storm Drainage Project and Dry Mill
Road Improvements; and
WHEREAS, the offer was not accepted by the Page-Brooke Land Trust and a petition for
condemnation was filed by the Town Attorney ss authorized by Resolution No. 89-154 and styled as
Town of Leesburg vs. Billy J. Tisinger, Trustee of Page-Brooke Land Trust; and
WHEREAS, a consent order, which provided the town with the right to enter the property and
construct the improvements, was signed in December 1989 and payment of $15,901.00 was made to
the Clerk of the Circuit Court for withdrawal by the Page-Brooke Land Trust; and
WHEREAS, the Deputy Town Attorney and Director of Engineering and Public Works have
negotiated with the Page-Brooke Land Trust to alTiVe at a final compensation amount for the right-
of-way and easements; and
WHEREAS, a settlement offer of $37,500.00 ss total compensation for the required easements,
road right-of-way, and any damages thereto has been presented by the Page-Brooke Land Trust.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Billy J. Tisinger, Trustee is hereby offered an additional $21,599.00 ss compensation
for the easements and road right-of-way required for the Phase VI Storm Drainage Improvements and
the Dry Mill Road Improvements projects, thus increasing the total and final compensation to
$37,500.00 ss settlement in the condemnation case styled Town of Leesburg vs. Billy J. Tisinger,
Trustee of Page-Brooke Land Trust at Law Number 10902. Payment of said $21,599.00 is conditioned
upon dismissal of such case and proper execution of any and all required deeds of dedication and
-2-
A RESOLUTION: BILLY J. TISINGER, TRUSTEE
deeds of easement by Page-Brooke Land Trust and the Town of Leesburg.
SECTION II. Payment in the amount of $21,599.00 is authorized from Capital Project Account
No. 903-9301-700-022, payable to Billy J. Tisinger, Trustee of Page-Brooke Land Trust.
PASSED this 24th day of September ., 1991.
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Town of Leesburg