HomeMy Public PortalAbout2008_07_08_r108
The Town of
Leesburg,
Virginia
PRESENTED July 8. 2008
RESOLUTION NO. 2008-108
ADOPTED July 8. 2008
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING AN OFFER TO ACQUIRE A PERMANENT EASEMENT
FROM PIN 272-38-5124 FOR THE COUNTRY CLUB DRIVE DRAINAGE
IMPROVEMENTS PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a storm drainage improvement project through real property further set forth
below, and for all other purposes incidental thereto, to acquire a permanent easement from the
below listed property; and
WHEREAS, the Council further finds and determines that a public necessity and use exist to
improve safety, health and welfare of the public for the acquisition of the easement 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 a certain
easement 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
easement; and
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING AN OFFER TO ACQUIRE A PERMANENT EASEMENT
FROM PIN 272-38-5124 FOR THE COUNTRY CLUB DRIVE DRAINAGE
IMPROVEMENTS PROJECT
WHEREAS, this easement is shown on the construction plan titled 'Country Club Estates
Drainage Improvements', prepared by William H. Gordon Associates, Inc. of Leesburg, Virginia;
and
WHEREAS, the property identification number, square footage of the necessary easement
and its value are listed below:
PIN Easement Sq. Ft. Value
272-38-5124 19,642 SF of $2,447
Storm Drainage Esm't
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 exist to acquire the permanent easement listed above.
SECTION II. That the Town Manager, Town Attorney, Director 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 a deed to acquire the referenced easement over the land aforesaid
from the property owner, their successors and assigns, in the location deemed appropriate by the
Department of Capital Projects Management, at a price reasonably related in their judgment to the
fair market value of the easement, and on such terms and conditions as they deem advantageous to
the Town, in a form approvable by the Town Attorney.
SECTION III. That funding for the purchase price by agreement and the expenditure of such
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING AN OFFER TO ACQUIRE A PERMANENT EASEMENT
FROM PIN 272-38-5124 FOR THE COUNTRY CLUB DRIVE DRAINAGE
IMPROVEMENTS PROJECT
funds for the said easement and all other acquisition costs, be, and hereby is, authorized and
approved.
SECTION IV. 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 easement
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 easement as required by this resolution.
PASSED the 8th day of July. 2008.