HomeMy Public PortalAbout1997_12_09_R279 The Town of
Leesburg,
Virginia
RESOLUTION NO. 97-279
A RESOLUTION:
PRESENTED December 9, 1997
ADOPTED December 9, 1997
AUTHORIZING CONDEMNATION PROCEEDINGS FOR
ACQUISITION OF RIGHT-OF-WAY DEDICATION AND
EASEMENTS ON PROPERTY OF INTERNATIONAL
PAVILION LIMITED PARTNERSHIP, A VIRGINIA LIMITED
PARTNERSHIP, FOR FORT EVANS ROAD IMPROVEMENTS
WHEREAS, the current Town Plan provides that Fort Evans Road shall be a four-
lane divided roadway east of the Route 15 Bypass; and
WHEREAS, construction and improvements of the roadway are essential elements
of the town's transportation plan as set forth in the town's Comprehensive Plan and such
roadway improvements promote the health, safety, and welfare of the public and citizens
of Leesburg; and
WHEREAS, it is necessary to acquire the right-of-way dedication and easements
from the property owner contiguous to Fort Evans Road for such roadway improvements;
and
WHEREAS, efforts to secure such right-of-way and easements have been
unsuccessful; and
WHEREAS, a fair market value for such right-of-way and easements, both
temporary and permanent, have been established by a certified appraiser; and
WHEREAS, an offer, made by the town, of $114,500.00 has not been accepted by
International Pavilion Partnership within the time frame requested by the town.
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RESOLUTION - INTERNATIONAL PAVILION
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. International Pavilion Limited Partnership was offered by the Town
of Leesburg the sum of $114,500.00 for the purchase of 35,728 square feet for public
street dedication, 90,798 square feet for a temporary construction easement, 15,231
square feet for a storm drainage easement, 60 square feet for a waterline easement, and
2,577 square feet and 3,635 square feet for two (2) traffic signal easements as shown on
the plat of William H. Gordon Associates, Inc., dated October 8, 1997, entitled, "Plat
Showing Temporary Construction, Storm Drainage, Waterline and Permanent Traffic
Signal Easements and Street Dedication on the Property of International Pavilion Limited
Partnership", and such offer has not been accepted.
SECTION II. The Council hereby declares than an essential public convenience
and necessity exist to acquire the aforesaid right-of-way dedication and easements for
improvements to and construction of Fort Evans Road. The Council does hereby
authorize the town attorney to file the requisite petition for condemnation, certificate of
take 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 $114,500.00 payable to the Clerk of the Circuit Court of Loudoun
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RESOLUTION - INTERNATIONAL PAVILION
County, Virginia and to deposit the check with such Clerk. The Council does hereby
further authorize the Mayor to sign any and all documents, including, but not limited to a
certificate of take to affect such acquisition of dedicated right-of-way and easements, both
temporary and permanent.
PASSED this 9th day of December, 1997.
ATTEST:
J~fnes E. Clem, Mayor
Town of Leesburg
Clerk of Council
The undersigned certifies that the foregoing
is a true and correct copy of a resolution
adopted at a legally convened meeting of the
Leesburg Town Council held on December
Barbara A. Markland, Clerk of Council
Town of Leesburg, Virginia
R:Inpav