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HomeMy Public PortalAbout2010_07_27_R101 North King Street Drainage Project CondemnationThe Town of Leesburg, Virginia PRESENTED: July 27.2010 RESOLUTION NO. 2010-101 ADOPTED: July 27, 2010 A RESOLUTION: A PETITION IN CONDEMNATION TO BE FILED TO ACQUIRE A PERMANENT EASEMENT FROM PIN 230-18-3564 FOR THE NORTH KING STREET DRAINAGE IMPROVEMENTS PROJECT WHEREAS, previously [he Council of the Town of Leesburg found and determined [hat it was a public necessity fot [he construction of a public storm drainage improvement project through real property located at 237 Wirt St., NW, PIN No.230-18-3564, and for all other purposes incidental thereto, to acqune a permanent stone drainage easement from this property, and a Resolution was passed on July 8, 2008 (Resolution No. 2008-107); and WHEREAS, the Town of Leesbarg is empowered by Virginia Code Sections 1-219.1, 15.2-1800, et seq., 15-2-1900 et seq. and Title 25. ] to acquire by eminent domain easements aver real property located in the Town of Leesburg so long as a public necessity exists and [hat property will be devoted for public use, namely a public stone drainage system; and WHEREAS, the Town of Leesburg made bona fide but ineffectual efforts to purchase from the owner [he properly sought [o be condetntted; and WHEREAS, as a result of bona fide but ineffectual efforts ro purchase the easement, a Certificate of Take and accompanying plat was filed by the Town on June 4, 2009, in the Land Records of Loudoun County Circuit Court; and WHEREAS, the Council wishes to authorize the Town Attorney and outside counsel to proceed with the acquisition of the easemenh, and WHEREAS, the property identification number, square footage of [he necessary easement, the affected specimen tree, and [heir values are set forth in the Certificate of Take and valued at $26,200.00 which amount was deposited with the Court. -2- A RESOLUTION: A PETITION IN CONDEMNATION TO BE FILED TO ACQUIRE A PERMANENT EASEMENT FROM PIN 230-18-3564 FOR THE _. NORTH KING STREET DRAINAGE IMPROVEMENTS PROJECT THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council of Leesburg, VA hereby authorizes a Petition in Condemnation to be filed in the Loudoun County Circuit Court to acquire the permanent easement described above. SECTION II. That the Town Attorney and outside counsel, be and hereby aze, authorized and directed to file on behalf of the Town, a Petition m Condemnation to acquire the referenced easement over the land aforesaid from the property owner, their successors and assigns, in [he location deemed appropriate by the Department of Capital Projects Management. SECTION III. That the Clerk of Counci] be, and hereby is, authorized and directed to affix the seal of [he 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 July. 2010. ~fJ I ~ Ah ~ ~Ktattd, Mayor Town of Leesburg S Clerk of Co it P:Vtesolmions\Resolutions 2010\Or2] NoM King Svat Drainage EasementJOc