HomeMy Public PortalAbout2005_12_13_r194The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED December 13, 2005
2005-194
ADOPTED December 13, 2005
DECLARING THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING OFFERS TO ACQUIRE RIGHTS-OF-WAY,
TEMPORARY AND PERMANENT EASEMENTS FOR SYCOL1N ROAD
PHASE I IMPROVEMENTS PROJECT, AND AUTHORIZING
CONDEMNATION IF OFFERS ARE NOT PROMPTLY ACCEPTED
WHEREAS, the Council of the Town of Leesburg in Virginia 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 rights-of-way and easements from the below listed properties;
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 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, Director
of Capital Projects Management, and their outside counsel to proceed with the acquisition of the
rights-of-way and easements; and
A RESOLUTION:
-2-
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
'Sycolin Road Phase I', prepared by Dewberry & Davis LLC of Fairfax, VA; 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 and Right-of-Way
Property Location and/or Easement Offer
190-36-2362 6,391 SF temporary easement $2,756.83
North side of Lawson's 615 SF surface drainage easement
Road, East of Beauregard
Drive
190-36-3419 722 SF trail easement $3,496.28
401 Beauregard Drive
190-35-6978 63,275 SF temporary easement $279,464.00
NE comer of Sycolin & 16,563 SF surface drainage easement (3,134
Lawson's Roads SF overlap with existing SWM easement)
19,184 SF storm drainage easement
7,887 SF ri~,ht-of-wa7
190-45-4810 1,308 SF temporary easement $598.81
West side of Sycolin Road, 149 SF storm drainage easement
South of Hope Parkway
Total $286,315.92
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. That the Town Manager, Town Attorney, Director of Capital Projects
Management, 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 the lands aforesaid from the property owners, their successors and assigns, in the
locations deemed appropriate by the Director 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
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A RESOLUTION: DECLARING PUBLIC NECESSITY AND AUTHORIZING RIGHT-OF-
WAY AND EASEMENT ACQUISITION BY PURCHASE OR
CONDEMNATION
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, Director of Capital Projects Management, 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, Director of Capital Projects
Management, 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 13th day of December 2005.
~ C i L~stattd, 19Iayo~
Town of Leesburg "
ATTEST:
erk of Council
ROi: Sycolin Rd Phs I condemnation