HomeMy Public PortalAbout2011_03_08_R028 Authorizing Acquisition of Easements - IPCOThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2011 -028
A RESOLUTION:
PRESENTED March 8, 2011
ADOPTED March 8, 2011
DECLARING THAT A PUBLIC NECESSITY AND USE EXIST,
AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF
WAY FROM PIN 147 -27- 1333 -000 AND PAYMENT OF JUST
COMPENSATION FOR EASEMENTS ON AND OR ACROSS PIN 147-
17 -1241 -000 FOR THE BATTLEFIELD PARKWAY EDWARDS FERRY
ROAD TO FORT EVANS ROAD PROJECT, AND AUTHORIZING
CONDEMNATION IF THE OFFER IS NOT ACCEPTED
WHEREAS, the Town Council finds and determines that, as a part of the Town's
Battlefield Parkway- Edwards Ferry Road to Fort Evans Road Improvement project, it is necessary to
construct a section of Battlefield Parkway (between Edwards Ferry Road and Fort Evans Road) on
property further described below; and
WHEREAS, the Town 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 fee simple right of
way and payment of compensation for easements for such aforesaid public uses and purposes
adjacent to the real property set forth below; 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 desires to acquire by purchase or eminent domain fee simple right of
way and payment of compensation for easements over real property further set forth below located
in the Town of Leesburg; and
WHEREAS, the Town Council wishes to authorize the Town Manager, Town Attorney,
Director of Capital Projects, and their outside counsel to proceed with the acquisition of the fee
simple right of way and payment of compensation for easements; and
Property Identification
Number (PIN)
Land Rights Required
147 -27- 1333 -000
and
147 -17 -1241 -000
(formerly a portion of
PIN 147 -27 -133 -000)
202,894 SF (4.6578 Ac) Fee Simple Right of Way
5,036 SF Permanent Slope Easement
1,970 SF Temporary Construction Easement
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF
WAY FROM PIN 147 -27- 1333 -000 AND PAYMENT OF JUST
COMPENSATION FOR EASEMENTS ON AND OR ACROSS PIN 147-
17- 1241 -000 FOR THE BATTLEFIELD PARKWAY EDWARDS FERRY
ROAD TO FORT EVANS ROAD PROJECT, AND AUTHORIZING
CONDEMNATION IF THE OFFER IS NOT ACCEPTED
WHEREAS, the below listed property is shown on the construction plans titled
"Battlefield Parkway Extension Public Improvements Roadway Plans prepared by Kimley -Horn
and Associates, Inc., of Herndon, Virginia; and
WHEREAS, a public hearing pursuant to advertisement of notice was held on this matter, as
required by law; and
WHEREAS, the below- referenced property will be appraised by a licensed real estate
appraiser to determine the fair market value for the land rights required; and
WHEREAS, the property identification number and individual areas for the necessary land
rights 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 and to pay just compensation for the necessary land rights
for the construction of a section of Battlefield Parkway between Edwards Ferry Road and Fort
Evans Road adjacent to and through real property listed above.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF
WAY FROM PIN 147 -27- 1333 -000 AND PAYMENT OF JUST
COMPENSATION FOR EASEMENTS ON AND OR ACROSS PIN 147-
17- 1241 -000 FOR THE BATTLEFIELD PARKWAY EDWARDS FERRY
ROAD TO FORT EVANS ROAD PROJECT, AND AUTHORIZING
CONDEMNATION IF THE OFFER IS NOT ACCEPTED
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 the property
owner to acquire the fee simple right of way and easements over the land from the aforesaid
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 fee
simple right of way 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 in the event the acquisition cannot be agreed upon, the Town Manager,
Town Attorney, Director of Capital Projects, and their outside counsel be, and hereby are,
authorized and directed to file a Certificate of Take or an Amended Certificate of Take for the
acquisition of the necessary land rights and to institute appropriate condemnation proceedings
pursuant to Chapter 3 (Section 25.1 -300 et.seq.) of Title 25.1, Code of Virginia (1950), as
Amended, in the Circuit Court of Loudoun County for the acquisition of the said fee simple right of
way, and payment of just compensation for the permanent and temporary easements by eminent
domain proceedings.
SECTION IV. That funding for the purchase price by agreement or condemnation and the
expenditure of such funds for the said fee simple right of way and 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, and
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF
WAY FROM PIN 147 -27- 1333 -000 AND PAYMENT OF JUST
COMPENSATION FOR EASEMENTS ON AND OR ACROSS PIN 147-
17- 1241 -000 FOR THE BATTLEFIELD PARKWAY EDWARDS FERRY
ROAD TO FORT EVANS ROAD PROJECT, AND AUTHORIZING
CONDEMNATION IF THE OFFER IS NOT ACCEPTED
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 fee simple right of way and
payment of just compensation for the easements as required by this resolution.
SECTION VI. 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 fee simple right of way, and permanent and temporary easements as required by
this resolution.
PASSED this 8 day of March, 2011.
w`.
U s attd, Mayor
Town of Leesburg