HomeMy Public PortalAbout2008_11_12_R168 Easements for South King Street Trail
The Town of
Leesburg,
Virginia
PRESENTED November 12, 2008
RESOLUTION NO. 2008-168
ADOPTED November 12,2008
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE A PERMANENT
EASEMENT FROM PIN 272-38-5124 FOR THE SOUTH KING STREET
TRAIL PHASE I 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 trail on South King Street adjacent to and 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 exists
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 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
easement; 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 272-38-5124 FOR THE SOUTH KING STREET
TRAIL PHASE I IMPROVEMENTS PROJECT, AND AUTHORIZING
CONDEMNATION IF THE OFFER IS NOT PROMPTLY ACCEPTED
WHEREAS, the easement is shown on the construction plan titled "Route 15 Trail Phase 1
Improvements, Revision 1", prepared by Burgess and Niple Engineering, of Chantilly, Virginia;
and
WHEREAS, the address or location, property identification number, and individual square
footage of the necessary easement is listed below:
Property/PIN No. Easement Sq. Ft. Offer
272-38-5124 9,630 SF of $1,200
Slope Maintenance Esm't
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 easement 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 easement 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 272-38-5124 FOR THE SOUTH KING STREET
TRAIL PHASE I 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
easement and to institute appropriate condemnation proceedings in the Circuit Court of Loudoun
County for the acquisition of the said easement by eminent domain.
SECTION IV. That funding for the purchase price by agreement or condemnation and the
expenditure of such funds for the said easement 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 easement
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 12th day of November. 2008.
~Q~
. . C. mstattd, Mayor ,-
Town of Leesburg