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