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HomeMy Public PortalAbout2008_04_08_R058 Easements for Battlefield Pkwy Evergreen Mill to S King The Town of Leesburg, Virginia PRESENTED April 8. 2008 RESOLUTION NO. 2008-58 ADOPTED April 8. 2008 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS TO ACQUIRE RIGHTS-OF-WAY, PERMANENT AND TEMPORARY EASMENTS FOR THE BATTLEFIELD PARKW A Y- EVERGREEN MILL ROAD TO SOUTH KING STREET PROJECT 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 Evergreen Mill Road (Route 621) and South King Street (Route 15) to acquire rights-of-way, and permanent and temporary easements; and WHEREAS, the Town Council further finds and determines that a public necessity exists to improve safety, health and welfare ofthe public 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, 33.1-96 and 25.1-400 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 rights-of-way and easements located in the Town of Leesburg; and WHEREAS, the needed rights-of-way and easements are shown on the construction plan titled 'Battlefield Parkway South King Street to Evergreen Mill Road', prepared by Rinker Design Associates of Manassas, Virginia; and WHEREAS, prior to making a bonafide offer for the needed properties, the Town of Leesburg is required to obtain appraisals, title work, and to determine the property owners that may be affected; and - 2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHTS-OF- WAY AND EASEMENTS FOR THE BATTLEFIELD P ARKW A Y - EVERGREEN MILL ROAD TO SOUTH KING STREET PROJECT WHEREAS, prior to the initiation of condemnation procedures pursuant to 15.2-1903 by resolution of Council the appraisals, title work, and determination of ownership must be completed; and WHEREAS, if the locality and owners are unable to agree on the compensation to be paid or the other terms of purchase or settlement. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council of Leesburg, V A, hereby finds and determines that a public necessity and use exists to acquire all rights-of-way, and permanent and temporary easements to construct Battlefield Parkway between Evergreen Mill and South King Street. 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 obtain appraisals of the fair market value of the rights-of-way and easements. PASSED the 8th day of April. 2008. Kristen C. U stattd, Mayor Town of Leesburg