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HomeMy Public PortalAbout2009_11_10_R130 - Sycolin Road Easements~~ ~{{' ~ {}tt7{l it r I'ItE~EttiITE?I) Noti~etnbea 14 2049 RF,SC?LU`TICN h(3, 2449-130 A~(?P`I'I:I7 ~ovcrxxbet 14, 2069 A RESC}LUTitltti; I~ECI,ARII~G 1'IIA1' A PUBLIC i~EGESSl`IY A1k1I? I:?SE EXIST, AU`I'H(IItI7,It~l~ AN {BFI"l:R T~} ACQI7IRE Er1S1~:VIENT5 ANI) RICH"IS-(?F-1~~"AY I'I2{?M ~?IN 194-15-8~k32-0t}Q AVI3 I91-46-1f?75-00(} F{~R TIIF SYCtjI,IN R()AD ~4'IDENII~G P13ASL II PR01EC'T, ANI7 AU"I'H~RIZING CC}l~`I~I~MNr1TI()N I}^' THE (3FI'PR IS NUT f'Itf?i1rI17TLY .~CCEPTEla. WHEREAS, the Cauixeil of tixe'I'ot~~n of f:eesburg finds and cleYermines'ihat it is stecess~ry f©rthe coxxstruction ofihe Syecslin Roa~l'Wideiaing F~lxase II projecttlxrou~Ixrdal properties Sui~thc:r~ set I'artlr taclat~, and far all other tnu•uiises incideixtal thereto, to acquire easeiierxts acid rights-of- u~y frptn the belati~ listed prapeiKy aturxers; and Ll'HEREAS, the Council furtlxer finds and detcrrnines that a jiitblic necessity {tixd use exist to iinprave safety, Itealih and. ik~Ifare cif tlxc lxubiie for the rycquisitian of tlxc easetnerrts aixd rights- of-G~=ay fare such afr?ccsaid pnlrlic uses aiicl per}}uses; and WHFRI:AS, the `I'oii*ix of Leesliitag is etilio~~~ered Icy lrirgitla Cade Sections i5.2-1804 tln•augh 15:2-1$I4, I5,2-190.1 flu•ough I5,2-I9D7, 33,1-96,aixd 15.2-2109 taac~ttire byptuchase oi• etninetit douxain private property Stir the pttrpase of carrying aut its pourers and duties; aixcl l1'HF,I~Et1S, the Totivn of Leesbtul; is erixpat~rered by Virginia Cade Sections 25.1-142 to acquire by'[xurchase ai~ernitxetii donxain j~ri~ ate prcipcrt}- o~rixed by a eorporatiaix that yaossesses the poi~~er of enxinent domain foi flie pw•pase ~rf oar•ryitlg out its }~awer•s and duties; atld WHIRIiA5, tlxe To}i~ix of Lecsbrng shall provide ail parties itx interest, that possess the pciiirer of snxinent dorxxaitl, the oplioi'htnity fat' a lxeal'ing in ftorrt of t3ie'State Garporatiriti Caarxnxission, ~a 1xo shall certify that a ptiblrc neet ssity ar that an essential public convenience shall sa require, atxd slxall give pcrixxssian tixereta, atitd -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS AND RIGHT-OF- WAY FROM PIN 190-IS-8432-000 AND 191-46-1875-000 FOR'I'HE SYCOLIN ROAD WIDENING PHASE II PROJECT, AND AUTHORIZING CONDEMNATION [F THE OFFER IS NOT PROMPTLY ACCEPTED. WHEREAS, the Town of Leesburg in Virginia desires to acquire by purchase or eminent domain certain easements and rights-of--way 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 WHEREAS, the easements and rights-of--way are shown on the construction plan titled `Plan and Profile of Proposed Widening for Sycolin Road Phase II, prepared by DMJM Han•is/AECOM, of Baltimore, Maryland; and WHEREAS, the description of the necessary easements and rights-of--way is listed below: PIN Easement/12ights-of-Way Approximate Offer Stormwater Management easement Drainage easement 335 00 $93 190-15-8432-000 Temporary Const~liction easement , . Right-of--Way Drainage easement 191-46-1875-000 Temporary Construction easement $47,072.00 Right-of--Way 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 easements and rights-of--way listed above. SECTION IL That the Town Manager, Town Attorney, Director of Capital Projects 3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OPPER TO ACQUIRE EASEMENTS AND RtGHT-OF- WAY FROM PIN 190-IS-8432-000 AND 191-46-1875-000 FOR THE SYCOLIN ROAD WIDENING PHASE II PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER 1S NOT PROMPTLY ACCEPTED. 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 and rights-of- way 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 rights-of--way, and on such terms and conditions as they deem advantageous to the Town, in a form appr•ovable by the Town Attorney. SECTION III. That in the event no such agreement can be reached promptly, the Town 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 easements and rights-of--way, take all necessary steps to seek certification and permission from the State Corporation Commission pursuant to 25.1-102, and to institute appropriate condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of the said easements and rights-of--way by eminent domain. SECTION IV. That fimding for the purchase price by agreement or condemnation and the expenditure of such funds for• the said easements and rights-of--way 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 and rights-of--way as required by this resolution. -4- A RESOLD"PION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST, AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS AND RIGHT-OF- WAY FROM PIN 190-IS-8432-000 AND 191-46-1875-000 FOR TI{E SYCOLIN ROAD WIDENING PHASE II PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT PROMPTLY ACCEPTED. 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 easements as required by this resolution. PASSED this 10°i day of November, 2009. ATT ST: ~~ ~¢'~. _. Clerk of Counc --- _-' - - I ns n C. mstattd, Mayor Town of Leesburg P:V2esolutionsViesolutions 2009\I I10 Sycolin Road Widening Project Phase II Easemen[s.docs