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HomeMy Public PortalAbout2007_06_12_r093 The Town of Leesburg, Virginia PRESENTED May 8. 2007 RESOLUTION NO. 2007-93 ADOPTED June 12.2007 A RESOLUTION: DECLARING THAT PUBLIC NECESSITY AND USE EXIST FOR THE WEST MARKET STREET IMPROVEMENTS PROJECT, AUTHORIZING OFFERS TO ACQUIRE EASEMENTS, AND CONDEMNATION IF THE OFFERS ARE NOT ACCEPTED WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for the construction of public improvements on West Market Street adjacent to and through real property further set forth below, and for all other purposes incidental thereto, to acquire easements over lands of the listed properties; and WHEREAS, the Council further finds and determines that a public necessity exists for the acquisition of the easement for such aforesaid public use and purpose; and WHEREAS, the Town of Leesburg in Virginia 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 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, if these offers are not accepted in a timely manner, the Council wishes to authorize the Town Manager, the Town Attorney, the Director of the Department of Capital Proj ects Management, and their outside counsel to proceed with the acquisition of the easements; and WHEREAS, these easements are shown on the construction plan titled 'West Market Street Improvements', prepared by William H. Gordon Associates, Inc., Leesburg, Virginia; and WHEREAS, the address, property identification number, individual square footage of the necessary easements, and offer amounts are listed below: A RESOLUTION: - 2 - DECLARING THAT PUBLIC NECESSITY AND USE EXIST FOR THE WEST MARKET STREET IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFERS ARE NOT ACCEPTED PIN Number & Right-of-Way Property Address and/or Easement Offer 230-15-3904 202 SF temporary $352.74 404 W. Market St. grading 202 SF storm drainage 230-15-3105 easement $2,359.88 406 W. Market St. 301 SF temporary grading 270-10-0619 109 SF storm drainage $234.00 605 W. Market St. easement THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION 1. That the Town Manager, the Town Attorney, the Director of the Department 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 deeds to acquire by purchase the referenced easements over the land aforesaid from the property owners, their successors and assigns, in the locations deemed appropriate by the Department 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. SECTION II. That in the event no such easements can be agreed upon promptly, the Town Manager, the Town Attorney, the Director of the Department 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 easements, and to institute appropriate condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of the said 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 easements and all other acquisition costs, including if A RESOLUTION: - 3 - DECLARING THAT PUBLIC NECESSITY AND USE EXIST FOR THE WEST MARKET STREET IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFERS ARE NOT ACCEPTED necessary, litigation costs, be, and hereby is, authorized and approved. SECTION IV. That the Town Manager, the Town Attorney, the Director of the Department 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. 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. PASSED the Ith day of June 2007. mstattd, Mayor Town of Leesburg ATTEST: 6ii~ #/. t:1 ,t~ erk of CounCIl R07 W Mkt St Improv Esmt Acq-Condem