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HomeMy Public PortalAbout2008_09_23_R145 Easements for Country Club Estates Drainage Project The Town of Leesburg, ,,_-.; lirginia PRESENTED September 23. 2008 RESOLUTION NO. 2008-145 ADOPTED September 23. 2008 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS FROM PIN 272-38-5124 FOR THE COUNTRY CLUB ESTATES DRAINAGE IMPROVEMENTS 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 storm drainage improvement project through real property further set forth below, and for all other purposes incidental thereto, to acquire permanent easements from the below listed property owner; 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, 15.2-1901 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 acquisition of the easements; and -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS - FROM PIN 272-38-5124 FOR THE COUNTRY CLUB ESTATES DRAINAGE IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY ACCEPTED WHEREAS, the easements are 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, and individual square footage of the necessary easements are listed below: PropertylPIN No. Easement Sq. Ft. Offer 272-38-5124 19,642 SF of $2,443 Storm Drainage Esm'ts '- 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 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 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 easements, and on such terms and conditions as they deem advantageous to the Town, in a form approvable by the Town Attorney. SECTION III. That in the event no such agreement can be reached promptly, the Town Manager, Town Attorney, Director of Capital Projects Management, and their outside counsel be, - 3 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS '- FROM PIN 272-38-5124 FOR THE COUNTRY CLUB ESTATES DRAINAGE IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY ACCEPTED 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 are, 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 easements as required by this resolution. PASSED the 23rd day of September, 2008. C. mstattd, Mayor Town of Leesburg