HomeMy Public PortalAbout2011_05_24_R063 - Dry Mill Wage Anne EasementsThe Town of
Leesburg,
Virginia
PRESENTED May 24, 2011
RESOLUTION NO. 2011 -063 ADOPTED May 24, 2011
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FOR THE DRY
MILL, WAGE AND ANNE STORM DRAINAGE IMPROVEMENTS
PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a storm drainage improvement project adjacent to and through real properties
further set forth below, and for all other purposes incidental thereto, to acquire a temporary
easement from the below listed property; 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 a temporary easement 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 a certain temporary easement 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 easement; and
Property Identification
Number (PIN)
Property Owner
271 -18- 8241 -000
Wilber T. Frye, Jr. and Helen J. Frye
-2-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FOR THE DRY
MILL, WAGE AND ANNE STORM DRAINAGE IMPROVEMENTS
PROJECT
WHEREAS, the temporary easement is shown on the construction plans titled "Dry Mill
Road, Wage Drive, and Anne Street Drainage Improvements prepared by Whitman, Requardt and
Associates, of Fairfax, Virginia; and
WHEREAS, the property identification number and property owner name for the real
property necessary for the acquisition of the easement is listed below:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
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 Dry Mill,
Wage and Anne Storm Drainage Improvements project adjacent to and through the 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 a deed to acquire the necessary easement 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
easement, and on such terms and conditions as they deem advantageous to the Town, in a form
-3-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE EASEMENTS FOR THE DRY
MILL, WAGE AND ANNE STORM DRAINAGE IMPROVEMENTS
PROJECT
approvable by the Town Attorney.
SECTION III. That funding for the purchase price by agreement and the expenditure of
such funds for the said easement 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 easement 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 easement as required by this resolution.
PASSED this 24 day of May, 2011.
P:\Resolutions\Resolutions 2011 \0524 Dry Mill Easement Acq Authorization.doc
it k
1 C. mstattd, Mayor
Town of Leesburg