HomeMy Public PortalAbout2008_11_12_R166 Easements Dry Mill Wage Anne Drainage Improvements Project
The Town of
Leesburg,
Virginia
PRESENTED November 12,2008
RESOLUTION NO. 2008-166
ADOPTED November 12,2008
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING OFFERS TO ACQUIRE EASEMENTS FOR THE DRY
MILL, WAGE AND ANNE STORM DRAINAGE IMPROVEMENTS
PROJECT
WHEREAS, the Council ofthe 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 and temporary
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
WHEREAS, the easements are shown on the construction plan titled "Dry Mill Road,
Wage Drive, and Anne Street Drainage Improvements", prepared by Whitman, Requardt and
Associates, LLP of Fairfax, Virginia; and
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING OFFERS TO ACQUIRE EASEMENTS FOR THE DRY
MILL, WAGE, AND ANNE STORM DRAINAGE IMPROVEMENTS
PROJECT
WHEREAS, the property identification number, individual square footage of the necessary
easements and values are listed below:
Property Identification Easement Type / Area (square feet) Value
Number (PIN)
271-18-9812-000 Permanent Storm Drainage Easement - 1,056 SF $5,900.93
271-18-9922-000 Permanent Storm Drainage Easement - 1,895 SF $8,557.82
271-19-0142-000 Permanent Storm Drainage Easement - 907 SF $6,050.53
Temporary Construction Easement - 1,490 SF
271-19-1115-000 Permanent Storm Drainage Easement - 6,046 SF $20,725.69
272-49-3352-000 Permanent Storm Drainage Easement - 16,225 SF $37,252.60
272-49-3392-000 Permanent Storm Drainage Easement - 4,877 SF $7,588.61
232-35-2069-000 Permanent Storm Drainage Easement - 11,459 SF $27,776.62
232-35-1085-000 Permanent Storm Drainage Easement - 5,013 SF $0.00
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 the permanent and temporary 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING OFFERS TO ACQUIRE EASEMENTS FOR THE DRY
MILL, WAGE, AND ANNE STORM DRAINAGE IMPROVEMENTS
PROJECT
deem 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 the 12th day of November, 2008.
C. mstattd, Mayor
Town of Leesburg