HomeMy Public PortalAbout2010_01_26_R010 - Easements for N. King Street Drainage Improvements ProjectThe Town o f
PRESENTED January 26, 2010
RESOLUTION NO. 2010-010 ADOPTED January 26, 2010
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING ACQUISITION OF REQUIRED EASEMENTS FOR THE
SIDEWALK EXTENSION FOR THE NORTH KING STREET
DRAINAGE IMPROVEMENTS PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a sidewalk improvements project through real properties further set forth
below, and for all other purposes incidental thereto, to acquire permanent and temporary easements
from the below listed properties; and
WHEREAS, the Council directs Town staff to make offers to 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 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 request, 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 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
easements; and
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING ACQUISITION OF REQUIRED EASEMENTS FOR THE
SIDEWALK EXTENSION FOR THE NORTH KING STREET
DRAINAGE IMPROVEMENTS PROJECT
WHEREAS, these easements are shown on the construction plan titled `North King Street
Drainage Improvements, Revision 3', prepared by Paciulli Simmons & Associates of Leesburg,
Virginia; and
WHEREAS, the property identification number (PIN), property address, square footage of
the necessary easement(s) and the costs are listed below:
PIN Number & Property Easement Required Offers
Address
230-18-7857-000 242 SF Storm Drainage Esm't. and
663.55
$2
303 North King Street 1,759 SF Tem Construction Esm't
p• ,
230-18-8065-000 614 SF Storm Drainage Esm't. and
'
983.34
$2
307 North King Street 460 SF Tem Construction Esm
t.
p• ,
230-18-7857-000 1,126 SF Storm Drainage Esm't. and
521.61
$2
30 Union Street, NW 2 255 SF Tem Construction Esm't.
~ p• ,
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Council hereby finds and determines that a public necessity and use exist
to acquire the 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 deeds to acquire the referenced easements over the land
aforesaid from the property owners, their successors and assigns, in the location deemed appropriate
by the Department of Capital Projects Management, 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 acquisition costs, be, and hereby is, authorized and
approved.
-3-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING ACQUISITION OF REQUIRED EASEMENTS FOR THE
SIDEWALK EXTENSION FOR THE NORTH KING STREET
DRAINAGE IMPROVEMENTS 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 easement
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 maybe necessary or convenient to accomplish the
acquisition of the easement as required by this resolution.
PASSED this 26th day of January, 2010.
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C. Umstattd, Mayor
Town of Leesburg
Clerk of
P:\ResolutionsUtesolutions 2010\0126 N. King Street Sidewalk Extension Easements.doc