HomeMy Public PortalAbout2008_04_22_r065 Easements for Battlefield Pkwy Ed Ferry to Ft Evans
The Town of
Leesburg,
Virginia
PRESENTED April 22. 2008
ADOPTED April 22. 2008
RESOLUTION NO. 2008-65
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN
147-36-8209-000 AND 147-26-5426-000 FOR THE BATTLEFIELD
PARKW A Y-EDW ARDS FERRY ROAD TO FORT EVANS ROAD
PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER
IS NOT PROMPTLY 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN
147-36-8209-000 AND 147-26-5426-000 FOR THE BATTLEFIELD
P ARKW A Y-EDW ARDS FERRY ROAD TO FORT EVANS ROAD
PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER
IS NOT PROMPTLY ACCEPTED
acquisition of the easements; and
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 subject property will be appraised by a licensed real estate appraiser.
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 from PIN 147-
36-8209-000 and PIN 147-26-5426-000.
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.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN
147-36-8209-000 AND 147-26-5426-000 FOR THE BATTLEFIELD
P ARKW A Y-EDW ARDS 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. 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.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN
147-36-8209-000 AND 147-26-5426-000 FOR THE BATTLEFIELD
PARKWAY-EDWARDS FERRY ROAD TO FORT EVANS ROAD
PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER
IS NOT PROMPTLY ACCEPTED
PASSED the 22nd day of April 2008.
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