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.
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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
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