HomeMy Public PortalAbout2010_04_27_R045 Easements for N King Street DrainageThe Town o f
RESOLUTION N0.2010-045
PRESENTED Apri127, 2010
ADOPTED Apri127, 2010
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE N. KING STREET DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT PROMPTLY ACCEPTED
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for
the construction of a storm drainage improvement 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 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, 15.2-1901 through 15.2-1907, and 33.1-96 to acquire by 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 by purchase or eminent
domain certain easements over real properties 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,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE N. KING STREET DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT PROMPTLY ACCEPTED
WHEREAS, the easements are shown on the construction plan titled `N. King Street Drainage
Improvements, Revision #3', prepared by Paciulli, Simmons and Associates of Leesburg, Virginia; and
WHEREAS, the description and individual square footage of the necessary easements are listed
below:
PIN Number & Property Easement Required Offers
Address
230-18-7647-000
175 SF Temp. Construction Esm't $ 348.56
301 North King Street
230-18-7857-000 242 SF Storm Drainage Esm't. and
$2,663.55
303 North King Street 1,759 SF Tem Construction Esm't
p•
230-18-8065-000 614 SF Storm Drainage Esm't. and
$2,983.34
307 North King Street 460 SF Tem Construction Esm't.
p•
230-18-8668-000
50 SF Temp. Construction Esm't $ 271.36
309 North King Street
230-18-7857-000 1,126 SF Storm Drainage Esm't. and
$2,521.61
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 Town Council of Leesburg, VA hereby finds and determines that a public
necessity and use exists to acquire all permanent easements listed above.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE N. KING STREET DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT PROMPTLY ACCEPTED
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 a deed to acquire the referenced easements over the land aforesaid from
the property owner, their successors and assigns, in the location deemed appropriate by the Department
of Capital Projects Management, at a price reasonably related in their judgment to the fair market value
of the easements, 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 agreement can be reached promptly, the Town
Manager, Town Attorney, Director 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
easements and to institute appropriate condemnation proceedings in the Circuit Court of Loudoun
County for the acquisition of the said easements by eminent domain.
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 easements
as required by this resolution.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE N. KING STREET DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT PROMPTLY ACCEPTED
SECTION VI. 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 easements as required by this resolution.
PASSED this 27~' day of April, 2010.
i n C. U stattd, Mayor
Town of Leesburg
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Clerk of Cou ci
P:\ltesolutions\Resolutions 2010\0427 N. King Skeet Drainage Easement Acquisition.doc