HomeMy Public PortalAbout1991_11_26_R261The Town of
Leesburg,
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RESOLUTION NO. 91-261
A RESOLUTION:
PRESENTED November 26, 1991
ADOPTED November 26, 1991
AUTHORIZING A PROPOSAL TO MR. KENNETH MCKEEHAN FOR AN
AIRPORT OBSTRUCTION REMOVAL EASEMENT.
WHEREAS, future federal and state funding for airport development at Leesburg Municipal
Airport is being withheld until all identified obstructions around the airport have been removed or
cleared; and
WHEREAS, in compliance with Part 77 of the Federal Aviation Administration's regulations
regarding height limitations around airports, the Town of Leesburg has undertaken an airpo~
obstruction removal project; and
WHEREAS, the removal of all natural obstructions has been completed except for a stand of
tall oak trees, which penetrate the height limitation created by the approach area to runway 35, located
on property identified as Loudoun County Tax Map 60, Parcel 26B, in the name of Mr. Kenneth
McKeehan; and
WHEREAS, although all other property owners involved in this project have allowed voluntary
access to their properties to have the town's contractor temporarily enter and remove obstructions, Mr.
McKeehan has not granted such permission despite written and oral requests through the town
manager's office; and
WHEREAS, a temporary easement to allow the town a period of one week to enter a portion
of the McKeehan property and remove the necessary trees is therefore required; and
WHEREAS, an appraisal by Robert H. Jones and Associates of McLean, Virginia, dated
November 19, 1991 has concluded that the just compensation for a temporary easement is valued at
$750.00, equal to the value of the timber taken and the one week's rental value of the 0.3 acres of land:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager, in accordance with Title 25 of the 1950 Code of Virginia,
as amended, shall certify and make an offer of just compensation in the amount of $750.00 to Mr.
Kenneth McKeehan as determined from an appraisal, dated November 19, 1991, by Robert H. Jones
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A RESOLUTION AUTHORIZING A PROPOSAL TO MR. KENNETH MCKEEHAN
and Associates of a temporary airport obstruction removal easement for the property of Mr. Kenneth
McKeehan, identified as a portion of Loudoun County Tax Map 60, Parcel 26B, to be acquired by the
town in compliance with Part 77 Federal Aviation Administration requirements.
SECTION II. The town manager shall accept on behalf of the town the 0.3 acre temporary
airport obstruction removal easement, in a form approved by the town attorney, from land owned by
Mr. Kenneth McKeehan, identified as a portion of Loudoun County Tax Map 60, Parcel 26B, at a price
not to exceed $750.00. The terms of the easement shall allow the town a period of seven days to enter
the above described property and clear the trees which have been identified as penetrating the Federal
Aviation Administration height limitations. All stumps shall be removed by the town and the property
shall be rough graded, cleared of debris and seeded or sodded upon completion.
SECTION III. The property owner shall have ten (10) days from the receipt of the offer to
accept said offer. Should the property owner decide to refuse the offer and provide no evidence which
would cause a change in the amount of the offer, the town manager and the town attorney are hereby
authorized to file for condemnation of the required temporary easement, and in the public necessity to
further petition for the right of entry upon the property at the earliest possible date.
PASSED this 26th day of November, 1991.
ATTEST:
Clerk of Council
Robert E Sevile[; Mayor
Town of Leesburg