HomeMy Public PortalAbout2007_08_14_r117
The Town of
Leesburg,
Virginia
PRESENTED August 14. 2007
RESOLUTION NO. 2007-117
ADOPTED August 14. 2007
ARESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE PARCEL PIN 188398114,
AND AUTHORIZING CONDEMNAnON IF THE OFFER IS NOT
PROMPTL Y ACCEPTED
WHEREAS, the Council of the Town of Leesburg finds and detennines that it is
necessary for the construction, reconstruction, alteration, maintenance and repair of a right turn
lane from Edwards Ferry Road onto the Route 15 Bypass, and for all other purposes incidental
thereto, to acquire land identified in the Loudoun County land records by PIN 188398114; and
WHEREAS, a temporary turn lane from Edwards Ferry Road onto the Bypass is a funded
capital project that will ease congestion at that intersection; and
WHEREAS, a recorded plat titled "Edwards Ferry-Beverly Road Associates Limited
Partnership" as prepared by Huntley Nice &Associates, Ltd and recorded in the Loudoun County
land record on July 31, 1995 shows this parcel has been reserved for future dedication; and
WHEREAS, the Council further finds and detennines 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 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 desires to acquire by donation, purchase
or eminent domain certain rights-of-way and easements over real property further set forth below
located in the Town of Leesburg; and
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ARESOLUTION: DECLARlNG THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING AN OFFER TO ACQUlRE PARCEL PIN 188398114,
AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT
PROMPTL Y ACCEPTED
WHEREAS, the Council wishes to authorize the Town Manager, Town Attomey,
Director of Capital Projects Management, and their outside counsel to proceed with the
acquisition of the rights-of-way and easements; and
WHEREAS, this parcel is shown on plat titled "Existing Reservation Area for Future
Street Dedication" Having an Area of 0.7702 Acres as Shown on a Subdivision Plat Recorded in
P.C. B, Slot 287, Pg. 8-10 by Rice and Associates ofVirginia; and
WHEREAS, the assessed value of this parcel in accordance with the Loudoun County
Land records is $400.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That the Town Manager, Town Attomey, Director ofCapital Projects
Management, 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 the referenced property over the
lands aforesaid from the property owners, their successors and assigns, in the locations deerned
appropriate by the Department of Capital Projects Management, by donation or purchase 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 deern advantageous to the Town, in a form
approvable by the Town Attomey.
SECTION II. That in the event no such easement can be agreed upon promptly, the Town
Manager, Town Attomey, Director of the Department ofCapital Projects Management, and their
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ARESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND
AUTHORIZING AN OFFER TO ACQUlRE PARCEL PIN 188398114,
AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT
PROMPTL Y ACCEPTED
outside counsel be, and hereby are, authorized and directed to file Certificates of Take for the
acquisition of such rights-of-way and easements and to institute appropriate condemnation
proceedings in the Circuit Court of Loudoun County for the acquisition of the said rights-of-way
and 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 rights-of-way and easements and all other acquisition
costs, including, if necessary litigation costs, be, and hereby is, authorized and approved.
SECTION IV. That the Town Manager, Town Attomey, Director ofCapital 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 14th day of August 2007.
~~O~
Kil . Ums ttd, Mayor
Town of Leesburg
ATTEST:; U_
~kuncil ~~Jj
R07: Edwards Ferry Rt Turn Ln Condemnation