HomeMy Public PortalAbout2008_08_12_R125 Easement Authorization for Colonial Sq Drainage Improvements
The Town of
Leesburg,
Virginia
PRESENTED August 12. 2008
RESOLUTION NO. 2008-125
ADOPTED August 12.2008
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING OFFERS TO ACQUIRE PERMANENT EASEMENTS
FROM PINS 231-39-1278, 231-39-2378 AND 231-39-2798 FOR THE
EDWARDS FERRY AT COLONIAL SQUARE 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 properties further set
forth below, and for all other purposes incidental thereto, to acquire permanent easements from the
below listed property owners; 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 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 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 EXISTS,
AUTHORIZING OFFERS TO ACQUIRE PERMANENT EASEMENTS
FROM PINS 231-39-1278, 231-39-2378 AND 231-39-2798 FOR THE
EDWARDS FERRY AT COLONIAL SQUARE DRAINAGE
IMPROVEMENTS PROJECT
WHEREAS, the easements are shown on the construction plan titled 'Edwards Ferry Road at
Colonial Square', prepared by Paciulli Simmons and Associates of Leesburg, Virginia; and
WHEREAS, the property identification number, individual square footage of the necessary
easements and values are listed below:
PropertylPIN No. Easement Sq. Ft. Value.
159 SF of
231-39-1278 $2,298.50
Storm Drainage Easement
1,372 SF of $25,000.00
231-39-2378
Storm Drainage Easement
993 SF of
231-39-2798 $9,497.05
Storm Drainage 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 the permanent easements 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 easements over the land
aforesaid from the property owners, 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 easements, and on such terms and conditions as they deem
- 3-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING OFFERS TO ACQUIRE PERMANENT EASEMENTS
FROM PINS 231-39-1278, 231-39-2378 AND 231-39-2798 FOR THE
EDWARDS FERRY AT COLONIAL SQUARE DRAINAGE
IMPROVEMENTS PROJECT
advantageous to the Town, in a form approvable by the Town Attorney.
SECTION IV. That funding for the purchase price by agreement and the expenditure of such
funds for the said easements and all other acquisition 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 VI. 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 this lih day of August. 2008.
C. mstattd, Mayor
Town of Leesburg