HomeMy Public PortalAbout2006_04_11_r068
The Town of
Leesburg,
Virginia
PRESENTED April 11, 2006
RESOLUTION NO. 2006..68
ADOPTED April 11, 2006
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING CONDEMNATION TO ACQUIRE RIGHTS-OF-WAY,
TEMPORARY AND PERMANENT EASEMENTS ON 28 FORT
EVANS ROAD
WHEREAS, the Council of the Town of Leesburg (the Council) continues to find and
determine that it is necessary for the construction, reconstruction, alteration, maintenance and
repair of a section ofFt. 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 owner; and
WHEREAS, Resolution No. 2005-173 passed on November 8, 2005 authorized the
condemnation of28 Fort Evans Road; and
WHEREAS, the Council continues to find and determine 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 property owner but not the holder of the trust was willing to execute a
Deed of Easement after the construction plans were revised to lessen the impact on private
property and to be more cost-effective; and
WHEREAS, these revised rights-of-way and easements are shown on the construction
plan titled 'Fort Evans Road Sidewalk and Drainage Improvements', prepared by Michael Baker
Jr., Inc., of Alexandria, Virginia; and
WHEREAS, it was determined that by the revision to the plans the area calculations for
the various rights-of-way, temporary and permanent easements were increased; and
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING CONDEMNATION TO ACQUIRE RlGHTS-OF- WAY,
TEMPORARY AND PERMANENT EASEMENTS ON 28 FORT
EVANS ROAD
WHEREAS, the increase in the various rights-of-way, temporary and permanent
easements required an update to the original appraisal furnished; and
WHEREAS, negotiations have continued to take place with the property owner and the
property owner is in agreement with the various rights-of-way, temporary and permanent
easements; and
WHEREAS, the trust holder of record is not acting in a timely manner to return the
signed documents; and
WHEREAS, in the interest of constructing the Fort Evans Road Improvements project in
accordance with the plans to improve the drainage and the safety of this area; and
WHEREAS, the individual square footage of the necessary rights-of-way and easements,
and the 2005 fair market value of said rights-of-way and easements for 28 Fort Evans Road are
listed below:
PIN Number & Right-of-Way
Property Address and/or Easement Offer
1,116 SF ROW,
188-17-2460 1,310 SF drainage easement and
28 Ft. Evans Road 718 SF temporary easement $29,772
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That the increased offer made to the property owner of28 Fort Evans Road
of $29,772.00 is hereby ratified and approved.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING CONDEMNATION TO ACQUIRE RIGHTS-OF- WAY,
TEMPORARY AND PERMANENT EASEMENTS ON 28 FORT
EVANS ROAD
SECTION II. That the Town Attorney is hereby authorized to file the appropriate
certificate of take for the rights-of-way, temporary and permanent easements required on the
property of28 Fort Evans Road in the amount of$29,772.
PASSED the 11 th day of April 2006.
ATTEST:
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R06: Ft. Evans Rd amended condemnation