HomeMy Public PortalAbout2010_04_27_R047 - Easements for Dry Mill Wage Anne DrainageThe Town o f
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RESOLUTION NO. 2010-047
PRESENTED Apri127, 2010
ADOPTED Anri127, 2010
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING OFFERS TO ACQUIRE PERMANENT EASEMENTS
FOR THE DRY MILL, WAGE AND ANNE STORM DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT 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 easements from the
below listed property owner; 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 3 3.1-96 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 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING OFFERS TO ACQUIRE PERMANENT EASEMENTS
FOR THE DRY MILL, WAGE AND ANNE STORM DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT ACCEPTED
WHEREAS, the easements are shown on the construction plan titled "Dry Mill Road, Wage
Drive, and Anne Street Drainage Improvements", prepared by Whitman, Requardt and Associates,
LLP of Fairfax, Virginia; and
WHEREAS, the property identification number, individual square footage of the necessary
easements and values are listed below:
Property Identification
Number (PIN) Easement Type /Area (square feet) Value
272-49-3352-000 Permanent Storm Drainage Easement - 16,225 SF $49,843.20
835 Lee Avenue
272-49-3392-000 Permanent Storm Drainage Easement - 4,877 SF $14,982.14
815 Lee Avenue
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 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 a deed 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, 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.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING OFFERS TO ACQUIRE PERMANENT EASEMENTS
FOR THE DRY MILL, WAGE AND ANNE STORM DRAINAGE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION
IF THE OFFER IS NOT ACCEPTED
SECTION III. That funding for the purchase price by agreement and the expenditure of
such funds for the said easements and all other acquisition costs, be, and hereby is, authorized and
approved.
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 easements
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 this 27t" day of April, 2010.
. U stattd, Mayor
Town of Leesburg
~T,T~ES~: ,~
Clerk of Co
P:\Resolutions\Resolutions 2010\0427 Drymill Wage Mne Easements.doc