HomeMy Public PortalAbout2004_09_28_r161The Town of
Leesburg,
Virginia
PRESENTED September 28, 2004
RESOLUTION NO. 2004-161 ADOPTED September 28, 2004
A RESOLUTION: AUTHORIZING OFFERS TO ACQUIRE TEMPORARY GRADING AND
CONSTRUCTION EASEMENTS FROM THE LISTED PROPERTY OWNERS ON
WILSON AND PERSHING AVENUES, AND AUTHORIZING
CONDEMNATION IF OFFERS WERE NOT ACCEPTED.
WHEREAS, the Town of Leesburg in Virginia has determined that improvements are
required on Pershing and Wilson Avenues, N. W. to improve safety, health, and the quality of life of
the neighborhood residents with improved storm drainage management and pedestrian pathways to
the downtown district. This will be accomplished by installing sidewalks, curb and gutter
improvements along the existing roads and by upgrading the storm drainage system; and
WHEREAS, a public necessity exists requiring the acquisition of temporary grading and
construction easements (easements) so that these improvements can be constructed; and
WHEREAS, these easements are shown on the construction plan L270.007.C, dated July 30,
2004, entitled "Construction Drawings, Pershing Avenue and Wilson Avenue" and prepared by
Paciulli Simmons and Associates, Inc. of Leesburg, Virginia, certified land surveyors "Plan"; and
WHEREAS, the town has already received the majority of the easements necessary to
accommodate construction of these improvements; and
WHEREAS, there are outstanding easements necessary for the construction of these
improvements; and
WHEREAS, these easements will be extinguished upon completion of construction; and
WHEREAS, the individual property owners, addresses, individual square footage of the
outstanding necessary easements, and the fair market value of said easements, based on 15% of the
A RESOLUTION:
-2-
AUTHORLZING OFFERS TO ACQUIRE TEMPORARY GRADING AND
CONSTRUCTION EASEMENTS FROM THE LISTED PROPERTY OWNERS ON
WILSON AND PERSHING AVENUES, AND AUTHORIZING CONDEMNATION IF
OFFERS WERE NOT ACCEPTED.
current 2004 assessed value of all parcels making up the subject property exclusive of any buildings,
are listed below:
Owners Name(s) (as per Lo. Co. Property PIN No. Easement Fair Market
Land Records, 08/30/2004) Address Sq. Ft. Value
Estate of Kathleen Campbell c/o 15 Pershing 270-10-3673 189 $362.88
Thomas L. England 270-10-3576
Timothy & Mary C. Kennan 21 Pershing 270-104094 109 $164.59
Robert E. Jr. & Anna Kinney 203 Pershing 270-20-5549 463 $578.75
270-20-5652
270-20-5654
Kenneth & Andrea G. Bentley 12 Wilson 270-10-8751 26 $42.90
Erik D. & Maureen L. Arnold 18 Wilson 270-10-9163 223 $287.67
270-10-9062
270-10-9165
David Goehring 20 Wilson 270-10-9167 140 $168.00
270-10-9270
Anna Leigh Carlisle Moore et als 108 Wilson 230-25-0407 457 $484.42
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I: The hereinabove individual property owners are hereby offered the stated fair
market value for the acquisition of the easements as shown on the Plan and listed above, on
condition that title to the land affected is free and clear of all defects, liens or conditions which
would inhibit the use of the area for the purposes intended; the easements will be conveyed
according to the Plan by good and proper deed, a copy thereof is attached, with the usual warranties
of title within ten (10) days after written acceptance of this offer, with a fight of entry commencing
at the time of acceptance; and the grantors tax shall be paid by the individual property owners. The
town attorney shall mail, by registered or certified mail, an attested copy of this resolution to each
individual property owner, together with the proposed deed and a copy of that portion of the Plan
that shows the location of the easement to be acquired from such individual property owner.
A RESOLU~I'ION:
-3-
A[JTHORIZ1NG OFFERS TO ACQUIRE TEMPORARY GRADING AND
CONSTRUCTION EASEMENTS FROM THE LISTED PROPERTY OWNERS ON
WILSON AND PERSHING AVENUES, AND AUTHORIZING CONDEMNATION IF
OFFERS WERE NOT ACCEPTED.
SECTION II: In the event this offer is not accepted in writing within ten (10) days from
being placed in the United States mail, the Town Council hereby declares that an essential public
necessity exists for the acquisition of the easements by condemnation. In that event, pursuant to
Section 15.2-1904 of the Code of Virginia, the town may enter upon and take possession of the
respective easement areas, using the procedures in Chapter 2 or 3 of Title 25.1 of the Code of
Virginia, and the town attorney is hereby authorized to pay into court or to the clerk thereof, fbr the
individual property owner's benefit, the amount of the offer as stated above.
PASSED this 28th day of September 2004.
ATTEST:
i~rk of Council
:~C. ~Umstattd, Mayor
Town of Leesburg
R04:Wilson/Pershing Condemnation