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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 -2- 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. ._ _. _--:~ ,~ C. Umstattd, Mayor Town of Leesburg Clerk of P:\ResolutionsUtesolutions 2010\0126 N. King Street Sidewalk Extension Easements.doc