HomeMy Public PortalAbout2011_05_24_R061 - Woodberry Road EasementsThe Town of
Leesburg,
Virginia
PRESENTED May 24, 2011
RESOLUTION NO. 2011 -061 ADOPTED May 24, 2011
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE WOODBERRY ROAD
DRAINAGE AND STREET IMPROVEMENTS PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is
necessary for the construction of a drainage and street improvement project adjacent to and
through real properties further set forth below, and for all other purposes incidental thereto, to
acquire right of way dedications, and 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 right of way
dedications and 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 right of way dedications and 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 right
of way dedications and easements; and
Property Identification
Number (PIN)
Property Owner
231
-30- 6928 -000
Curtis A Kemp and Ann P. Kemp,
Trustees of the Kemp Living Trust
231
-30- 7643 -000
Burton A. Hall and Myrna Joy Hall
231
-30- 8852 -000
Helen D. Coffey
231
-30- 9061 -000
Christopher C. Cuozzo and Malanie A. Cuozzo
231
-30- 9269 -000
Marvin E. Belles and Norma I. Belles
231
-30- 9475 -000
G. Patricia Morrison
231
-30- 9483 -000
William G. Newton, Trustee and Eva A. Newton, Trustee
231
-30- 9593 -000
Gwendolyn M. Pierce
231
-40- 9503 -000
Ashell B. Curtiss
-2-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE WOODBERRY ROAD
DRAINAGE AND STREET IMPROVEMENTS PROJECT
WHEREAS, the right of way dedications and easements are shown on the construction plans
titled "Woodberry Road Drainage and Street Improvements Construction Drawings 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 dedications, and permanent and
temporary easements are listed below:
231
-40- 9813 -000
Aaron M. Phillips and Lydia R. Pellow
231
-30- 6249 -000
Marta Zlatic and Alberto Cardona Torrens
231
-30- 6859 -000
Michael R. Kirby and Kathryn L. Kirby
231
-30- 7167 -000
Robert F. Montgomery, Jr. and Janet T. Montgomery
231
-30- 7375 -000
Anne M. Gravely
231
-30- 7684 -000
Lorett Kline
231
-30- 7891 -000
Donald Edward Neudecker
-3-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE WOODBERRY ROAD
DRAINAGE AND STREET IMPROVEMENTS PROJECT
follows:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
SECTION I. The Town Council of Leesburg, VA hereby finds and determines that a
public necessity and use exists to acquire the necessary land rights for the construction of the
Woodberry Road Drainage and Street Improvements 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 right of way dedications and easements over
the land aforesaid from the property owners, their successors and assigns, in the location deemed
-4-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE WOODBERRY ROAD
DRAINAGE AND STREET IMPROVEMENTS PROJECT
appropriate by the Department of Capital Projects, at a price reasonably related in their judgment
to the fair market value of the right of way dedications 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 funding for the purchase price by agreement and the expenditure of
such funds for the said right of way dedications and 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 right of way dedications
and 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 right of way dedications and easements as required by this resolution.
PASSED this 24 day of May, 2011.
P:\Resolutions\Resolutions 2011 \0524 Woodberry Rd Land Acquisition Authotization.doc
F
Umstattd, Mayor
Town of Leesburg