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HomeMy Public PortalAbout2010_04_27_R044 Easements for Lowenbach Phase IIThe Town o f ~~~S~~A]C"~~ PRESENTED Apri127, 2010 RESOLUTION N0.2010-044 ADOPTED Apri127, 2010 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND AUTHORIZING STAFF TO ACQUIRE PERMANENT TOWN EASEMENTS TO CONSTRUCT THE LOWENBACH PHASE II STREET IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF OFFERS ARE NOT ACCEPTED WHEREAS, with Resolution the Council of the Town of Leesburg found and determined that it was necessary for the construction of a street improvements project through real properties further set forth below, and for all other purposes incidental thereto, to acquire permanent Town easements from the below listed properties; and WHEREAS, the Council further found and determined that a public necessity and use existed to improve safety, health and welfare of the public for the acquisition of the easements for such aforesaid public uses and purposes; and WHEREAS, these easements are shown on the construction plan titled `Lowenbach Improvements, Phase II -Catoctin Circle', prepared by Whitman Requardt & Associates of Fairfax, Virginia; 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 property identification number (PIN), property address, square footage and offers of the necessary easement(s) needed are listed below: -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND AUTHORIZING STAFF TO ACQUIRE PERMANENT TOWN EASEMENTS TO CONSTRUCT THE LOWENBACH PHASE II STREET IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF OFFERS ARE NOT ACCEPTED PIN and Property Address Right-Of--Way and/or Easement Offers 188-35-5439-000 2,749 SF Storm Drainage Esm't. $3,270.24 108 Prince Street, NE 188-35-5443-000 No Address on Prince 2,749 SF Storm Drainage Esm't. $9,867.41 Street, NE THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That the Council found and determined that a public necessity and use existed to acquire the permanent easements listed above. SECTION II. That the Town Manager, Town Attorney, Director of Capital Projects Management, and their outside counsel were 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 in the event no such easement can be agreed upon promptly, 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 file Certificates of Take for the acquisition of such and easements and to institute appropriate condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of the said easements by eminent domain. -3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND AUTHORIZING STAFF TO ACQUIRE PERMANENT TOWN EASEMENTS TO CONSTRUCT THE LOWENBACH PHASE II STREET IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF OFFERS ARE NOT ACCEPTED 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 easement as required by this resolution. SECTION VII. 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 this 27~' day of Anril, 2010. is n C. mstattd, Mayor Town of Leesburg A;T S~: ~'`~ Clerk of Co~n~e~il P:UtesolutionsUtesolutions 2010\0427 Lowenbach Easement Acquisition.doc