Loading...
HomeMy Public PortalAbout2010_04_27_R047 - Easements for Dry Mill Wage Anne DrainageThe Town o f ~~~~~~~~ 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 -2- 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. -3- 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