HomeMy Public PortalAbout2006_02_14_r028The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED February 14, 2006
2006-28
ADOPTED February 14, 2006
DECLARING THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING OFFERS TO ACQUIRE REAL PROPERTY KNOWN
AS PIN 233-16-1562 FROM THE LISTED PROPERTY OWNERS ON
THE CORNER OF EVERGREEN MILL ROAD AND MASONS LANE
AND PIN 273-28-8261 FROM THE LISTED PROPERTY OWNERS ON
SOUTH KING STREET (ROUTE 15) ACROSS FROM MEADE DRIVE
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 of Battlefield Parkway through real property further set forth
below, and for all other purposes incidental thereto, to acquire the real property from the below
listed property owners; and
WHEREAS, the Council further finds and determines that a public necessity exists for the
acquisition of the real property 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 the 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 real property; and
WHEREAS, the individual property owners, addresses or locations and property
identification number are listed below:
A RESOLUTION:
-.2-
DECLARING PUBLIC NECESSITY AND AUTHORIZING EASEMENT
ACQUISITION BY PURCHASE OR CONDEMNATION
Property Owner Name Property Address PIN
GEORGE F. ATWELL CORNER OF EVERGREEN MILL ROAD
and MASONS LANE MEADOWBROOK
FARM ESTATES
1477--658
1208--786
BK. 1 LOT 1
Acreage: 1.03 233-16-1562-000
WASHINGTON-VIRGINIA TRADITIONAL KING STREET (RTE 15) ACROSS FROM
DEVELOPMENT SITES, INC. MEADE DRIVE
SECTION 2 LOTS
LOTS 2,3,7-19 780-732, 832-514 ANNEX 273-28-8261-000
NOW, THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That the Town Manager, Town Attorney 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 real property as above identified, from the property owners, their
successors and assigns, at a price reasonably related in their judgment to the fair market value of the
said real property as determined by an independent certified real estate appraiser, 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, and their outside counsel be, and hereby are, authorized and directed to
file Certificates of Take for the acquisition of such real property and to institute appropriate
condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of the said
real property by eminent domain; and
-3-
A RESOLUTION: DECLARING PUBLIC NECESSITY AND AUTHORIZING EASEMENT
ACQUISITION BY PURCHASE OR CONDEMNATION
SECTION III. That funding for the purchase price by agreement or condemnation and the
expenditure of such funds for the said real property 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 real property 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 this 14th day of February 2006.
ATTEST:
qerk of Council
R06:BattlefieldRoadCondemnation
· - C Urfi~tattd,
Town of Leesburg