HomeMy Public PortalAbout2005_04_26_r078The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED April 26, 2005
2005-78
ADOPTED April 26, 2005
DECLARING THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING OFFERS TO ACQUIRE PERMANENT UTILITY
EASEMENTS FROM THE LISTED PROPERTY OWNERS ON SYCOLIN
ROAD, AND AUTHORIZING CONDEMNATION IF OFFERS ARE NOT
PROMPTLY ACCEPTED
WHEREAS, the Council of the Town of Leesburg (the Council) finds and determines that it
is necessary for the construction, reconstruction, alteration, maintenance and repair of a section of
Sycolin Road adjacent to and through real property further set forth below, and for all other
purposes incidental thereto, to acquire permanent utility easements from the below listed property
owners; and
WHEREAS, the Council further finds and determines that a public necessity exists for the
acquisition of the easements for such aforesaid public uses and purposes; and
WHEREAS, the Town of Leesburg is empowered by Virginia Code Sections 15.2-1800
through 15.2-1814, 15.2-1900 through 15.2-1907, and 33.1-96 to acquire by purchase or eminent
domain private property for the purpose of carrying out its powers and duties; and
WHEREAS, the Town of Leesburg in Virginia (the Town) desires to acquire by purchase or
eminent domain certain permanent utility easements over real property further set forth below
located in the Town of Leesburg; and
WHEREAS, the Council wishes to authorize the Town Manager, Town Attorney, Capital
Projects Director, and their outside counsel to proceed with the acquisition of the easements; and
WHEREAS, the individual property owners, addresses or locations, property identification
numbers, individual square footage of the necessary permanent utility easements, and the fair
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A RESOLUTION: DECLARING PUBLIC NECESSITY AND AUTHORIZING EASEMENT
ACQUISITION BY PURCHASE OR CONDEMNATION
market value of said easements as determined by an independent certified real estate appraiser are
listed below:
Proposed
Utility
Property' Easement Easement
Property Owner Name Address PIN Sq. Ft. Offer
Anne DeLashmutt Engle & Comer of Sycolin Rd
Charles B. DeLashmutt & Rte. 15 Bypass 189-16-0666 4,392 $12,353.00
Patricia Ann Horrocks 350 Sycolin Rd SE 190-45-8061 27,648 $49,421.00
Sycolin Comer, LLC Comer of Sycolin Rd
& Lawson Rd 190-35-6978 32,626 $117,454.00
East Stratford Homeowners Between Sycolin Rd
Association (A) & Jermings Ct 190-45-4942 203 $350.00
East Stratford Residential Comer of Sycolin Rd
Community Association & Hope Pkwy 190-45-3867 330 $759.00
NOW, THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That the Town Manager, Town Attorney, Capital Projects Director, and their
outside counsel be, and hereby are, authorized and directed to negotiate with and execute on behalf
of the Town a contract to acquire by purchase the permanent utility easements adjacent to Sycolin
Road over the lands aforesaid from the property owners, their successors and assigns, in the
locations deemed appropriate by the Office of Capital Projects Management, at a price reasonably
related in their judgment to the fair market value of the easements, and on such terms and conditions
as they deem advantageous to the Town, in a form approvable by the Town Attorney; and
SECTION II. That in the event no such contract can be agreed upon promptly, the Town
Manager, Town Attorney, Capital Projects Director, and their outside counsel be, and hereby are,
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A RESOLUTION: DECLARING PUBLIC NECESSITY AND AUTHORIZING EASEMENT
ACQUISITION BY PURCHASE OR CONDEMNATION
authorized and directed to file Certificates of Take for the acquisition of such easements and to
institute appropriate condemnation proceedings in the Circuit Court of Loudoun County for the
acquisition of the said easements by eminent domain; and
SECTION III. That funding for the purchase price by agreement or condemnation and the
expenditure of such funds for the said easements and all other acquisition costs, including, if
necessary litigation costs, be, and hereby is, authorized and approved; and
SECTION IV. That the Town Manager, Town Attorney, Capital Projects Director, and their
outside counsel be, and hereby are, authorized and directed to take such additional actions as may be
necessary or convenient to accomplish the acquisition of the easements as required by this
Resolution; and
SECTION V. That the Clerk of Council be, and hereby is, authorized and directed to affix
the seal of the town to such documents as may be necessary or convenient to accomplish the
acquisition of the easements as required by this Resolution.
PASSED the 26th day of April 2005.
ATTEST:
ri~ of Qotmcil
R5: permanent easement for Sycolin Road Wid Proj
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