HomeMy Public PortalAbout2008_02_26_R037
The Town of
Leesburg,
Virginia
PRESENTED February 26. 2008
RESOLUTION NO. 2008-37
ADOPTED February 26. 2008
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN
147-27-1333-000 FOR THE BATTLEFIELD PARKWAY-EDWARDS
FERRY ROAD TO FORT EVANS ROAD PROJECT, AND
AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTL Y
ACCEPTED
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a section of Battlefield Parkway between Edwards Ferry Road and Fort
Evans Road adjacent to and through real property further set forth below, and for all other purposes
incidental thereto, to acquire permanent and temporary easements on the below listed property; and
WHEREAS, the Town Council further finds and determines that a public necessity exists to
improve safety, health and welfare of the public for the acquisition of the 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 purchase or eminent
domain certain easements over real property further set forth below located in the Town of
Leesburg; and
WHEREAS, the Council wishes to authorize the Town Manager, Town Attorney, Director
of Capital Projects Management, and their outside counsel to proceed with the acquisition of the
easements; and
- 2-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN
147-27-1333-000 FOR THE BATTLEFIELD PARKWAY-EDWARDS
FERRY ROAD TO FORT EVANS ROAD PROJECT, AND
AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY
ACCEPTED
WHEREAS, these easements are shown on the construction plan titled 'Battlefield Parkway
Extension Public Improvements Rough Grading Plans', prepared by Kimley-Horn and Associates,
Inc., of Herndon, Virginia; and
WHEREAS, the address or location, property identification number, individual square
footage of the necessary easements, and the fair market value of said easements are listed below:
PIN Number &
Property Address Easement Offer
97,361SF Permanent Easement for Public Street
147-27-1333-000 46,283 SF Permanent Slope Easement $357,700
59,139 SF Permanent Drainage Easement
6,908 SF Temporary Construction Easement
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION 1. The Town Council of Leesburg, V A, hereby finds and determines that a public
necessity and use exists to acquire all permanent and temporary easements listed above.
SECTION II. 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.
- 3-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN
147-27-1333-000 FOR THE BATTLEFIELD PARKWAY-EDWARDS
FERRY ROAD TO FORT EVANS ROAD PROJECT, AND
AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY
ACCEPTED
SECTION II1. That in the event no such easements can be agreed upon promptly, the Town
Manager, Town Attorney, 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 IV. 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
necessary litigation costs, be, and hereby is, authorized and approved.
SECTION V. That the Town Manager, Town Attorney, Director 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 easements
as required by this resolution.
SECTION V1. All temporary easements will be extinguished upon completion of
construction.
SECTION VII. 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.
- 4-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN
147-27-1333-000 FOR THE BATTLEFIELD PARKWAY-EDWARDS
FERRY ROAD TO FORT EVANS ROAD PROJECT, AND
AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY
ACCEPTED
PASSED this 26th day of February. 2008.
AciJJ1 ~
Clerk of Coun~
~
~\,~
. . mstattd, Mayor r
Town of Leesburg