HomeMy Public PortalAbout2009_05_12_R053 - Easements Sycolin Road Widening, Ph. II
The Town of
Leesburg,
Virginia
PRESENTED May 12,2009
RESOLUTION NO. 2009-053
ADOPTED May 12,2009
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS
FROM PIN# 190-15-5301-000 FOR THE SYCOLIN ROAD WIDENING
PHASE II PROJECT.
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for
the construction of a roadway widening 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; 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 Lees burg in Virginia desires to acquire by purchase certain easements
over the 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 easement is shown on the construction plan titled 'Plan and Profile of Proposed
Widening for Sycolin Road Phase II', prepared by DMJM Harris/Aecom, Maryland; and
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS
FROM PIN# 190-15-5301-000 FOR THE SYCOLIN ROAD WIDENING
PHASE II PROJECT.
WHEREAS, the description of the necessary easements is listed below:
PIN Number & Property Easement Offer
Address
Town slope maintenance easement
Town drainage easement
190-15-5301-000 NOVEC utility easement $67,200
101 Blue Seal Drive, SE Comcast utility easement
Verizon utility easement
Dominion Power utility easement
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 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.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT EASEMENTS
FROM PIN# 190-15-5301-000 FOR THE SYCOLIN ROAD WIDENING
PHASE II PROJECT.
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 12th day of May, 2009.
ATT
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KrIst n C. mstattd, Mayor
Town of Leesburg
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