HomeMy Public PortalAbout2011_03_08_R032 Authorizing Acquisition of Easements - Battlefield PkwyThe Town of
Leesburg,
Virginia
PRESENTED March 8, 2011
RESOLUTION NO, 2011 -032 ADOPTED March 8, 2011
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN 147-
36- 8209 -000 AND 147 -26 -5426 -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 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 properties further set forth below, and for all other purposes incidental thereto, to acquire
utility right of way 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 utility right of way 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 the utility right of way easements over real properties 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, and their outside counsel to proceed with the acquisition of the utility right of way
easements; and
WHEREAS, these easements are shown by plats prepared by Virginia Electric and
Power Company, doing business as Dominion Virginia Power and Verizon -VA, Inc.; and
Property Identification
Number (PIN)
Easements
Offer
147 -36- 8209 -000
6,860 SF Dominion and Verizon Easement
$9,000.00
147 -26 -5426 -000
13,195 SF Dominion and Verizon Easement
$35,800.00
2
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN 147-
36- 8209 -000 AND 147 -26 -5426 -000 FOR THE BATTLEFIELD PARKWAY
EDWARDS FERRY ROAD TO FORT EVANS ROAD PROJECT, AND
AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED
WHEREAS, a public hearing pursuant to advertisement of notice was held on this matter, as
required by law; and
WHEREAS, the property identification number, individual square footage of the necessary
easements, and fair market value of the easements are listed below:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Council hereby finds and determines that a public necessity and use
exists to acquire 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.
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 utility right of way 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 utility right of
way easements, and on such terms and conditions as they deem advantageous to the Town, in a form
approvable by the Town Attorney.
3
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FROM PIN 147-
36- 8209 -000 AND 147 -26 -5426 -000 FOR THE BATTLEFIELD PARKWAY
EDWARDS FERRY ROAD TO FORT EVANS ROAD PROJECT, AND
AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED
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 for the acquisition of the necessary land rights and to institute
appropriate condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of
the said utility right of way 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 utility right of way 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 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 utility right of way 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 permanent and temporary easements as required by this resolution.
PASSED this 8 day of March, 2011.
Clerk of Ca
P: \Resolutions\Resolutions 2011 \0308 BF Pkwy Ed Ferry to Ft Evans Easement Acq Rehau.doc
C. mstattd, Mayor
Town of Leesburg