HomeMy Public PortalAbout2010_04_27_R044 Easements for Lowenbach Phase IIThe Town o f
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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