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HomeMy Public PortalAbout2009_01_13_R009 - Easements for Catoctin Cir. @ Dry Mill Rd. Signal The Town of Leesburg, Virginia PRESENTED January 13.2009 RESOLUTION NO. 2009-009 ADOPTED January 13. 2009 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AND AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS FOR THE CATOCTIN CIRCLE AT DRY MILL ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT. WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for the construction of a traffic signal improvement project on 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 Lees burg 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 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 properties 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, AND AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS FOR THE CATOCTIN CIRCLE AT DRY MILL ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT. WHEREAS, the easement is shown on the construction plan titled 'Catoctin Circle at Dry Mill Road Traffic Signal Replacement', prepared by Whitman, Requardt and Associates, LLP of Fairfax, Virginia; and WHEREAS, the description and individual square footage of the necessary easements are listed below: PIN Number & Property Right-of-Way Offers Address and/or Easement 271-20-6210-000 827 SF traffic signal and $1,211 404 DRY MILL RD., SW sidewalk easement 271-29-7014-000 322 SF traffic signal and $0 (per School 415 DRY MILL RD., SW sidewalk easement Board) Total $1,211 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 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 funding for the purchase price by agreement and the expenditure of such - 3 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AND AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS FOR THE CATOCTIN CIRCLE AT DRY MILL ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT. funds for the said easements and all other acquisition costs, be, and hereby is, authorized and approved. SECTION IV. 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 V. 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 13th day of January, 2009. ~Q~8- . C. mstattd, Mayor Town of Leesburg