HomeMy Public PortalAbout2011_03_22_R035 Lowenbach EasementsThe Town of
Leesburg,
Virginia
PRESENTED March 22, 2011
RESOLUTION NO. 2011- 035 ADOPTED March 22, 2011
A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE LOWENBACH STREET
IMPROVEMENTS PHASE II PROJECT
WHEREAS, by Resolution the Council of the Town of Leesburg found and determined that
it was necessary for the construction of a street improvement project through the real property
further set forth below, and for other purposes incidental thereto, to acquire permanent and
temporary easements from the below listed property; and
WHEREAS, the Council further finds and determined that a public necessity and use existed
to improve safety, health and welfare of the public for the acquisition of the permanent and
temporary 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 permanent and temporary easements over real property 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 permanent and
temporary easements; and
Property Identification
Number (PIN) and
Easements Required
Offer
Address
188 -45- 8724 -000
and
100 SF Driveway Apron Easement
188 -45 -8719 -000
379 SF Temp. Construction Easement
$576.62
220 Catoctin Avenue
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A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE LOWENBACH STREET
IMPROVEMENTS PHASE II PROJECT
WHEREAS, these easements are shown on the construction plan titled "Lowenbach
Improvements, Phase II Catoctin Circle prepared by Whitman Requardt Associates of Fairfax,
Virginia; and
WHEREAS, the property identification number and property owner name for real properties
necessary for the acquisition of the 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
Lowenbach Street Improvements Phase II project 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 permanent and temporary easements over the land aforesaid
from the property owners, their successors and assigns, in the location deemed appropriate by the
Department of Capital Projects, 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
A RESOLUTION: AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE LOWENBACH STREET
IMPROVEMENTS PHASE II PROJECT
such funds for the said permanent and temporary 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 permanent and temporary
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 permanent and temporary easements as required by this resolution.
PASSED the 22 day of March, 2011.
eircES
Clerk of Co ci
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P:\Resolutions \Resolutions 2011 \0322 Lowenbach Easement Offer Authorization.doc
Town of Leesburg