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HomeMy Public PortalAbout2011_04_26_R048 Easements for South King Street ProjectThe Town of Leesburg, Virginia PRESENTED April 26, 2011 RESOLUTION NO. 2011 -048 ADOPTED April 26, 2011 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AND AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR THE ROUTE 15 (SOUTH KING STREET) WIDENING PHASE I PROJECT WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for the widening of the roadway to a four lane divided street, with a multi -use trail along the west side of the road, adjacent to and through real properties further set forth below, and for all other purposes incidental thereto, to acquire 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 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 certain 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) Property Owner 273 -49- 2205 -000 Donald K. Allman DMAA, LLC 273 -49- 6457 -000 Greenway Farm Owners Association 273 -49- 8582 -000 273 -49- 8096 -000 272 -19- 9401 -000 Linden Hill Homeowners Association, Inc. 272 -19- 9809 -000 Maria E. Sorto and Ariosto Elgin Sorto 272 -10- 1224 -000 Marla M. DeCriscio 272 -10- 2442 -000 Millard E. Flow, Sr. and Katherine S. Flow, husband wife; and Brian A. Goulet and Judith D. Goulet, husband wife 272 -10- 3151 -000 Jonathan R. Brubaker and Faddwa M. Brubaker 272 -10 -5060 -000 Kenneth H. Phillips and Roberta S. Phillips, husband wife 272 -10- 4269 -000 Margie M. Fleming -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR ROUTE 15 (SOUTH KING STREET) WIDENING PHASE I PROJECT WHEREAS, these easements are shown on the construction plans titled "South King Street Widening Phase I (Greenway Drive to Governors Drive) prepared by Paciulli, Simmons Associates, of Leesburg, Virginia; and WHEREAS, the property identification number and property owner name for the real properties necessary for the acquisition of the right of way dedication, and permanent and temporary easements are listed below: Property Identification Number (PIN) Property Owner 272 -10 -5379 -000 Carmel Andrew Lore and Brenda M. Lucas 272 -10- 6089 -000 William Stephen Earley and Linda S. Earley, husband wife 272 -20- 7005 -000 Melba Vargas -3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR ROUTE 15 (SOUTH KING STREET) WIDENING PHASE I PROJECT 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 Route 15 (South King Street) Widening Phase I 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 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, at a price reasonably related in their judgment to the fair market value of the permanent and temporary 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 permanent and temporary easements and all other acquisition costs, be, and hereby is, authorized and approved. -4- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR ROUTE 15 (SOUTH KING STREET) WIDENING PHASE I PROJECT 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 this 26 day of April, 2011. P: \Resolutions\Resolutions 2011 \0426 South King St Widening Ph !Easement Acq.doc C. mstattd, Mayor Town of Leesburg