HomeMy Public PortalAbout2010_05_11_R049 Battlefield Pkway Ed Ferry to Fort Evans EasementsThe Town o f
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RESOLUTION NO. 2010-049
PRESENTED May 11, 2010
ADOPTED May 11, 2010
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FOR THE
BATTLEFIELD PARKWAY-EDWARDS FERRY ROAD TO FORT
EVANS ROAD 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 section of Battlefield Parkway between Edwards Ferry Road and Fort
Evans Road adjacent to and through real property further set forth below, and for all other purposes
incidental thereto, to acquire permanent and temporary easements on the below listed property; and
WHEREAS, the Town Council further finds and determines that a public necessity exists 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 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 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 EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FOR THE
BATTLEFIELD PARKWAY-EDWARDS FERRY ROAD TO FORT
EVANS ROAD PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT PROMPTLY ACCEPTED
WHEREAS, these easements are shown on the construction plan titled `Battlefield Parkway
Extension Public Improvements Roadway Plans', prepared by Kimley-Horn and Associates, Inc., of
Herndon, Virginia; and
WHEREAS, the address or location, property identification number, individual square
footage of the necessary easements, and the fair market value of said easements are listed below:
PIN Number &
Property Address Easement Offer
47 SF Permanent Easement for Public Street
and Utility Purposes
147-47-7733 2,062 SF Permanent Slope and Storm Drainage $288.42
Easement
1,855 SF Temporary Construction Easement
1,303 SF Permanent Easement for Public Street
and Utility Purposes
147-37-7210 54,315 SF Permanent Slope and Storm Drainage $52,721.18
Easement
1,943 SF Temporary Construction Easement
147-26-5426 6,860 SF Permanent Utility Easement $10,975.82
147-36-8209 13,195 Permanent Utility Easement $20,598.26
147-46-4624 2,494 SF Temporary Construction Easement $0.00
147-27-1333 12,932 SF Permanent Easement for Public Street
and Utility Purposes $31,161.40
9,895 SF Permanent Utility Easement
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 and temporary easements listed above.
SECTION II. That 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FOR THE
BATTLEFIELD PARKWAY-EDWARDS FERRY ROAD TO FORT
EVANS ROAD PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT PROMPTLY ACCEPTED
directed to negotiate with and execute on behalf of the Town deeds to acquire by purchase the
referenced easements over the land aforesaid from the property owners, their successors and assigns,
in the locations deemed appropriate by the Department of Capital Projects Management, at a price
reasonably related in their judgment to the fair market value of the rights-of--way and easements, and
on such terms and conditions as they deem advantageous to the Town.
SECTION III. That in the event no such easements can be agreed upon promptly, the Town
Manager, Town Attorney, 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 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.
SECTION VI. All temporary easements will be extinguished upon completion of
construction.
SECTION VII. That the Clerk of Council be, and hereby is, authorized and directed to affix
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FOR THE
BATTLEFIELD PARKWAY-EDWARDS FERRY ROAD TO FORT
EVANS ROAD PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT PROMPTLY ACCEPTED
the seal of the Town to such documents as may be necessary or convenient to accomplish the
acquisition of the rights-of--way and easements as required by this resolution.
PASSED this 11`x` day of Mav' 2010.
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C. mstattd, ayor
Town of Leesburg
ATT ST.
Clerk of Co~ '1
P:\Resolutions\Iiesolutions 2010\0511 Easements for Battlefield Parkway.doc