HomeMy Public PortalAbout2008_10_15_R151 Easements for N. King St. Drainage
The Town of
Leesburg,
Virginia
PRESENTED October 15. 2008
RESOLUTION NO. 2008-151
ADOPTED October 15. 2008
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE A PERMANENT EASEMENT
FROM PIN 230-18-3564 FOR THE NORTH KING STREET DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT PROMPTL Y 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE A PERMANENT EASEMENT
FROM PIN 230-18-3564 FOR THE NORTH KING STREET DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT PROMPTLY ACCEPTED
WHEREAS, the easement is shown on the construction plan titled 'North King Street
Drainage Improvements', prepared by Paciulli, Simmons and Associates of Leesburg, Virginia; and
WHEREAS, the description and individual square footage of the necessary easement is
listed below:
Description Value
Easement Sq. Ft. 3,628 SF of $21,000.00
Storm Drainage Esm't
Japanese Maple Relocation and $5,220.00
Aftercare
Total $26,220.00
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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE A PERMANENT EASEMENT
FROM PIN 230-18-3564 FOR THE NORTH KING STREET DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT PROMPTLY ACCEPTED
Manager, Town Attorney, Director 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 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 this 15th day of October. 2008.
en C. Umstattd, Mayor
Town of Leesburg