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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