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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 - 2 - 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 - 3 - 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