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Home My Public Portal About2009_09_09_R099 - Battlefield Pkwy Ft Evans Easement"3`3ia: `~'taivii r>i~ aY # 3 ~{{}~f {[ Y'~ ~i ':i Y use, X'S RESOLliTION NC}, 2009-099 1?IiESEiti"I'EI3 Se~ateaubcr 9.20t}9 AZ)QPTED September 9.2409 A itES{9LIJTIt}N; I~I:C;I,ikRING'I'HA'I' A PL?I3LIC NECISSI'1'Y Al:'D USE EXIST, All"I'I IC?RI"LING AN C7It1~`LiiZ TC? ACQL;IRE EASEME,N"i'S FR(7hS PI'_~I S~I7-I6-4251-QOl 1'C3R THE BA`1'"I'LEFI1rLU PARKWi~Y-EL)t'v'f1ILI}S I'IiRRY R{}All TC?'FGIZT E4'ANS It~Ai7 PRt?TECT; ANI~ t~t1'1'IIOI2I7.ING GONI~EaVINATIOI~' IF "1`HE OI~F`1R IS NCI`I' I'I2(}1~~1P"I'LY AGCF,P`I'E;I WI IEREr1S; the Council of the Town of Leesburg Bids and deterntincs that it is necessary f'ai• the constuctioil oFa section cif`Battlel7eld Paak~uay betcti~een Edw=aids l~etcy Road and Fcirt Ei~atis Road,adjaceiit to'and thi~oitgh real~ropert5 further setfcirth belo5v, and for'all otherputpases incidental t}iereto, to accluirc permanent ails! ten~Eoi~ar}~ easements can the below listed property; ancC Vt'HE',RGAS, the To~~n Council hu2her Ilnctsand dek~rinines that a putshc neeessitye~ists o in~proxre safety, health and ti~~eifare of the public Cor'the aciluisition of'the easements Forsuch afore-said public uses acid purposes; anal WfIIvREAS, the 'Down of'Leesburg'is empot~~cred by~`hginia'Catle Sections IS.2-1'$00 through I5,2-t$14, I5.2-19Qb tlirotigh 15;2-19(37, and 33,i=9b w acquire by ptircliase oi~ aininertt dotnain primate prapei2y I'ar the purpose of carryritl~ otzt its powers and duties; and al'HLI~EASrthe TotvnofLeesburgin Vit•guua desires o acquiie by pureliase or et3linetit domain cer2ani easetxienis over real praper~ hnther set fotthbelotiir located in Ehe'1'owu oaf Lee sbiarg; and 4VHEREAS,tlie Council wishesto~uthorize The Town ?Vlana~er, 7`olvnAtlorney, 17ireefar of Capital I'tojects Maiiagenieitt; and their'outside ccaunsel to proceed with the acquisition of the -2- ARESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN 147-16-4251-001 FOR THE BATTLEFIELD PARKWAY-EDWARDS FERRY ROAD TO FORT EVANS ROAD PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY ACCEPTED easements; and WHEREAS, these easements are shown on the construction plan titled `Battlefield Parkway Extension Public Improvements Rough Grading Plans', prepared by Kiniley-Horn and Associates, Inc., of Herndon, Virginia; and WHEREAS, the property identification number, individual square footage of the necessary easements, and the fair market value of said easements are listed below: PIN Number & Property Address Easement Offer 147-t6-4251-001 2,438 SF PennanentSlope and Drainage Easement $7,400 6,936 SF Temporary Construction Easement THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council of Leesburg, VA, hereby finds and determines that a public necessity and use exists to acquire all pet•manent and temporat•y easements listed above. SECTION II. That the Town Manager, the Town Attorney, the Director of the Department 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 deeds to acquire by purchase the referenced easements over the land aforesaid from the property owners, their successors and assigns, in the locations deemed appropriate by the Department of Capital Projects Management, at a price reasonably related in their judgment to the fair market value of the rights-of--way and easements, and P:Utesolu[ionsUtesolutions 2009\0909 DatUclicid Pk~ry Edwards Perry to PI Erans Easements.doc 9/10/2009 -3- ARESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN 147-16-4251-001 FOR THE BATTLEFIELD PARKWAY-EDWARDS FERRY ROAD TO FORT EVANS ROAD PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY ACCEPTED on such terms and conditions as they deem advantageous to the Town. SECTION III. That in the event no such easements can be agreed upon promptly, the Town Manager, Town Attorney, Director of the Depar•trnent 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. All temporary easements will be extinguished upon completion of construction. SECTION V1I. 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 rights-of--way and easements as required by this resolution. P:U2esolutionsUiesolutions 2009\0909 Battlefield Pk~ry Edwards Perry to PI Evans F.asements.doe 9/10/2009 -4- ARESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN 147-16-4251-001 FOR THE BATTLEFIELD PARKWAY-EDWARDS FERRY ROAD TO FORT EVANS ROAD PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY ACCEPTED PASSED this 9'h day of September, 2009. _._~ Kris n C. mstattd, Mayor Town of Leesburg A,T1'EST: ~ ~^~/ --- Clerk of Council P:\Resolutions\Resolutimis 2009\0909 Ba0lefield PAxy Edwards Ferry ro FI Evans Easemenis.doc 9/1 012 0 0 9