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
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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