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
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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
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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:
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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