HomeMy Public PortalAbout2010_03_23_R030 - Easements for Traffic Signal (Tavistock@Battlefield)The Town o f
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RESOLUTION NO. 2010-030
PRESENTED March 23, 2010
ADOPTED March 23.2010
A RESOLUTION:. DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING ACQUISITION OF REQUIRED EASEMENT FOR THE
TRAFFIC SIGNAL AT TAVISTOCK DRIVE AND BATTLEFIELD
PARKWAY PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a street improvements project within real property further set forth below,
and for all other purposes incidental thereto, to acquire permanent easement 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 of the easement 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 a certain easement over
real property further set forth below located in the Town of Leesburg; and
WHEREAS, the Town of Leesburg will request the easement at no cost to the Town; 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
easement; and
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING ACQUISITION OF REQUIRED EASEMENT FOR THE
TRAFFIC SIGNAL AT TAVISTOCK DRIVE AND BATTLEFIELD
PARKWAY PROJECT
WHEREAS, this easement is shown on the construction plan titled "Battlefield Parkway and
Tavistock Drive/Shiloh Place Traffic Signal Design", prepared by Kimley-Horn and Associates,
Inc. of Herndon, Virginia; and
WHEREAS, the property identification number (PIN), property address, and square footage
of the necessary easement are listed below:
PIN Address Easement Required
190-26-9077-000 501 Tavistock Drive, SE 2,592 SF Traffic Signal Easement
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 easement 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 deed to acquire the referenced easement over the land aforesaid
from the property owner, its 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 any incidental acquisition costs, be, and hereby is,
authorized and approved.
SECTION IV. That the Town Manager, Town Attorney, Director of Capital Projects
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST AND
AUTHORIZING ACQUISITION OF REQUIRED EASEMENT FOR THE
TRAFFIC SIGNAL AT TAVISTOCK DRIVE AND BATTLEFIELD
PARKWAY PROJECT
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 may be necessary or convenient to accomplish the
acquisition of the easement as required by this resolution.
PASSED the 23`d day of March, 2010.
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Krist C. mstattd, Mayor
Town of Leesburg
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Clerk of Coui~ci
P:Utesolutions\Etesolutions 2010\0323 Acquisition of Easement.doc