HomeMy Public PortalAbout2008_11_12_R165 Easements Edwards Ferry at Colonial Sq Drainage Improvements
The Town of
Leesburg,
Virginia
PRESENTED November 12, 2008
RESOLUTION NO. 2008-165
ADOPTED November 12, 2008
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS
FOR THE EDWARDS FERRY AT COLONIAL SQUARE DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT PROMPTLY ACCEPTED.
WHEREAS, the Council ofthe Town of Lees burg 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 ofthe 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 properties further set forth below located in the Town of Lees burg;
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 PERMANENT EASEMENTS
FOR THE EDWARDS FERRY AT COLONIAL SQUARE DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT PROMPTLY ACCEPTED.
WHEREAS, the easement is shown on the construction plan titled 'Edwards Ferry Road At
Colonial Square', prepared by Paciulli, Simmons and Associates of Leesburg, Virginia; and
WHEREAS, the description and individual square footage of the necessary easements are
listed below:
Property PIN Description Value
231-39-1278 159 SF of $2,298.50
Storm Drainage Esm't
231-39-2378 1,372 SF of $25,000.00
Storm Drainage Esm't
231-39-2798 993 SF of $9,497.05
Storm Drainage Esm't
Total $36,795.55
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 ofthe 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 Proj ects 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.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS
FOR THE EDWARDS FERRY AT COLONIAL SQUARE DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT PROMPTLY ACCEPTED.
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,
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 12th day of November, 2008.
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Town of Leesburg