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HomeMy Public PortalAbout2005_11_08_r173The Town of Leesburg, Virginia PRESENTED November 8, 2005 RESOLUTION NO. 2005-'173 ADOPTED November 8, 2005 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND AUTHORIZING OFFERS TO ACQUIRE RIGHTS-OF-WAY, TEMPORARY AND PERMANENT EASEMENTS ON FT. EVANS 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 Ft. Evans Road adjacent to and through real property further set forth below, and for all other purposes incidental thereto, to acquire rights-of-way and 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 rights-of-way and 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 rights-of-way and 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 rights-of-way and easements; and -2- A RESOLUTION: DECLARING PUBLIC NECESSITY AND AUTHORIZING RIGHT-OF- WAY AND EASEMENT ACQUISITION BY PURCHASE OR CONDEMNATION WHEREAS, these rights-of-way and easements are shown on the construction plan titled 'Ft. Evans Road Sidewalk and Drainage Improvements', prepared by Michael Baker Jr., Inc., of Alexandria, Virginia; and WHEREAS, the addresses or locations, property identification numbers, individual square footage of the necessary rights-of-way and easements, and the fair market value of said rights-of- way and easements are listed below: PIN Number & Right-of-Way Property Address and/or Easement Offer 1,116 SF ROW, 188-17-2460 522 SF drainage easement and 28 Ft. Evans Road 296 SF temporary easement $20, 564 188-17-6677 217 SF drainage easement and 36 Ft. Evans Road 2,936 SF temporary easement $1,625 188-17-8219 39 Ft. Evans Road 155 SF temporary easement $1 188-18-1752 110 Ft. Evans Road 115 SF temporary easement $300 188-18-6875 134 Ft. Evans Road 1,270 SF temporary easement $825 188-29-0109 590 SF temporary easement $510 188-16-4726 602 E. Market Street 1500 SF temporary easement $3,073 Total $26,898 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 an easement to acquire by purchase the referenced easements and rights-of-way over -3- A RESOLUTION: DECLARING PUBLIC NECESSITY AND AUTHORIZING RIGHT-OF- WAY AND EASEMENT ACQUISITION BY PURCHASE OR CONDEMNATION 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 rights-of-way and easements, and on such terms and conditions as they deem advantageous to the Town, in a form approvable by the Town Attorney. SECTION II. That in the event no such easement can be agreed upon promptly, the Town Manager, Town Attorney, Capital Projects Director, and their outside counsel be, and hereby are, authorized and directed to file Certificates of Take for the acquisition of such rights-of-way and easements and to institute appropriate condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of the said rights-of-way and easements by eminent domain. SECTION III. That funding for the purchase price by agreement or condemnation and the expenditure of such funds for the said rights-of-way and easements and all other acquisition costs, including, if necessary litigation costs, be, and hereby is, authorized and approved. 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 rights-of-way and easements as required by this resolution. SECTION V. All temporary easements will be distinguished upon completion of construction. SECTION VI. 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 rights-of-way and easements as required by this resolution. A RESOLUTION: -4- DECLARING PUBLIC NECESSITY AND AUTHORIZING RIGHT-OF- WAY AND EASEMENT ACQUISITION BY PURCHASE OR CONDEMNATION PASSED the 8th day of November 2005. · ~isl~ C. Otnstattd, Mayor Town of Leesburg ATTEST: Clerk of Council R05: Ft. Evans Rd condemnation