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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 -2- 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, -3- 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 ~. Ur~-stattd, '~-~yor ~ Town of Leesburg ~