HomeMy Public PortalAbout2010_11_30_R150 Easements for Virts CornerThe Town of
Leesburg,
Virginia
PRESENTED November 30, 2010
RESOLUTION NO. 2010 -150 ADOPTED November 30, 2010
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE VIRTS CORNER
IMPROVEMENTS PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the realignment of the intersections of Gleedsville Road Masons Lane, and Masons Lane
South King Street, adjacent to and through real properties further set forth below, and for all other
purposes incidental thereto, to acquire right of way dedication, and permanent and temporary
easements from the below listed properties; 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 right of way dedication
and 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 certain right of
way dedication and easements over real property further set forth below located in the Town of
Leesburg and Loudoun County and
WHEREAS, the Council wishes to authorize the Town Manager, Town Attorney, Director
of Capital Projects, and their outside counsel to proceed with the acquisition of the right of way
dedications and easements; and
Property Identification
Number (PIN)
273 -18- 0838 -000
273 -18- 2708 -000
274 -48- 0289 -000
274 -47- 8862 -000
274 -47- 3967 -000
273 -28- 8261 -000
273 -18- 6256 -000
273 -28- 2225 -000
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE VIRTS CORNER
IMPROVEMENTS PROJECT
WHEREAS, the right of way dedications and easements are shown on the construction plans
titled "South King Street Widening Phase I Virts Corner Intersection prepared by Paciulli,
Simmons Associates, of Leesburg, Virginia; and
WHEREAS, the property identification number for the real properties necessary for the
acquisition of the right of way dedication, and permanent and temporary easements are listed below:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Council of Leesburg, Virginia hereby finds and determines that a
public necessity and use exists to acquire the necessary land rights for the construction of the Virts
Corner Improvements project adjacent to and through real properties listed above.
SECTION II. That the Town Manager, Town Attorney, Director of Capital Projects, and
their outside counsel be, and hereby are, authorized and directed to negotiate with and execute on
behalf of the Town deeds to acquire the necessary land rights, right of way dedication and easements
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE VIRTS CORNER
IMPROVEMENTS PROJECT
over the land aforesaid from the property owners, their successors and assigns, in the location
deemed appropriate by the Department of Capital Projects, at a price reasonably related in their
judgment to the fair market value of the right of way dedications and easements, and on such terms
and conditions as they deem advantageous to the Town, in a form approvable by the Town Attorney.
SECTION III. That funding for the purchase price by agreement and the expenditure of
such funds for the said right of way dedication and 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, 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 right of way dedication and
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 right of way dedication and easement as required by this resolution.
PASSED the 30 day of November, 2010.
LO‘
Clerk of C
P:\Resolutions\Resolutions 2010 \1130 Virts Corner Auth for Easement Acq.doc
C. mstattd, Mayor
Town of Leesburg