HomeMy Public PortalAbout1994_01_25_R015 The'Town of
"Leesburg,
irginia
PRESENTED January 25, 1994
ADOPTED January 25, 1994
RESOLUTION NO. 94-15
A RESOLUTION: AUTHORIZING AN OFFER TO TMB SERVICE CORPORATION, OR ITS
SUCCESSOR OR ASSIGNS, FOR PURCHASE OF EASEMENTS AFFECTING
4.641 ACRES REQUIRED FOR CONSTRUCTION OF THE WATER
POLLUTION CONTROL FACILITY EFFLUENT FORCEMAIN AND
AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the current expansion and upgrade of Leesburg's Water Pollution Control Facility
(WPCF), as approved by the Virginia and Maryland Departments of Environmental Quality,included the
discharge of treated wastewater effluent to the Potomac River and construction of approximately 17,000
feet of forcemain from the town's WPCF, located south of State Route 7 and along a Virginia Power
Company easement to the Potomac River; and
WHEREAS, construction of the effluent forcemain is an essential element of the town's pollution
abatement program and protection of Virginia's water from pollution; and
WHEREAS, a need exists for acquisition of necessary easements from various property owners
on whose property the alignment of the forcemain has been established; and
WHEREAS, efforts to secure such easements have been unsuccessful; and
WHEREAS, a fair market value for each easement, both temporary and permanent, has been
established by a certified appraiser:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. TMB Service Corporation is hereby offered by the Town of Leesburg the sum of
$4,000.00 for the purchase of temporary construction and permanent waterline easements affecting 4.641
acres, more or less as shown on the attached plat of Patton, Harris, Rust & Associates, dated 2 April
1993.
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A RESOLUTION: AUTHORIZING AN OFFER TO TMB SERVICE CORPORATION, OR ITS
SUCCESSOR OR ASSIGNS, FOR PURCHASE OF EASEMENTS AFFECTING
4.641 ACRES REQUIRED FOR CONSTRUCTION OF THE WATER
POLLUTION CONTROL FACILITY EFFLUENT FORCEMAIN AND
AUTHORIZING CONDEMNATION PROCEEDINGS
SECTION II. The Council hereby declares that an essential public convenience and necessity
exists to acquire the aforesaid easements for construction of the effluent forcemain and in the event the
offer is not accepted in writing within ten (10) days of receipt, the Council does hereby authorize the
town attorneys to file the requisite petition for condemnation and right of early entry on behalf of the
Town of Leesburg pursuant to the Charter for the Town of Leesburg and Section 33.1-119 et. seq. of the
1950 Code of Virginia, as amended. The Council does further hereby authorize the Director of Finance
to issue a check in the sum of $4,000.00, payable and to be deposited with the Clerk of the Circuit Court
of Loudoun County, Virginia and does hereby authorize the Mayor to sign any and all documents,
including but not limited to a certificate of take, to affect such acquisition.
PASSED this 25th day of January, 1994.
ATTEST:
Clerk of Council
Attachments
mes E. Clem, Mayor
Town of Leesburg
R:wpcfeff