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:
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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