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Home My Public Portal About2011_06_28_R089 Easements for Turner HarwoodThe Town of Leesburg, Virginia A RESOLUTION: PRESENTED: June 28, 2011 RESOLUTION NO. 2011 -089 ADOPTED June 28, 2011 DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF WAY AND EASEMENTS FROM PIN 189 -45- 2225 -000, PIN 189 -45- 2370 -000 AND PIN 189- 45 -5750 -001 THROUGH 009 FOR THE TURNER HARWOOD DRAINAGE IMPROVEMENTS PHASE I AND PHASE II PROJECT, INCLUDING CERTAIN PUBLIC ROAD IMPROVEMENTS AND CONSTRUCTION, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED WHEREAS, the Town Council finds and determines that it is necessary for the construction of the Turner Harwood Drainage Improvements Phase I and Phase II project, including certain public road improvements and construction, adjacent to and through real properties further set forth below, and for all other purposes incidental thereto, to acquire fee simple right of way, 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 fee simple right of way, and 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 including the power to acquire by purchase or eminent domain property interests for public road, drainage and sanitary sewer purposes; and WHEREAS, the Town of Leesburg in Virginia desires to acquire by purchase or eminent domain the fee right of way and permanent and temporary easements over real properties further set forth below located in the Town of Leesburg, as more particularly described in those certain plats_attached hereto and made a part hereof, the fee simple right of way being depicted on said plats as the area "hereby Dedicated for Public Use 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 fee simple right of way, and Property Identification Number (PIN) Land Rights Required Offer 189 -45- 2225 -000 17,655 sq. ft. perm. storm drainage easement $12,359.00 2,401 sq. ft. right of way dedication 9,078 sq. ft. perm. slope maintenance and storm drainage easement 12,674 sq. ft. temp. access easement 189 -45- 2370 -000 1,554 sq. ft. temp. construction easement $13,116.00 4,511 sq. ft. temp. construction and surface drainage easement 14,061 sq. ft. right of way dedication 520 sq. ft. perm. storm water detention facilities BMP easement 5,222 sq. ft. perm. storm sewer easement 189 -45 -5750 -001 747 sq. ft. perm. waterline easement thru 009 1,093 sq. ft. perm. sight distance easement 5,316 sq. ft. perm. sanitary sewer easement $133,906.00 15,157 sq. ft. temp. construction easement 4,193 sq. ft temp. surface drainage easement -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF WAY AND EASEMENTS FROM PIN 189 -45- 2225 -000, PIN 189 -45- 2370 -000 AND PIN 189- 45 -5750 -001 THROUGH 009 FOR THE TURNER HARWOOD DRAINAGE IMPROVEMENTS PHASE I AND PHASE II PROJECT, INCLUDING CERTAIN PUBLIC ROAD IMPROVEMENTS AND CONSTRUCTION, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED permanent and temporary easements; and WHEREAS, the fee simple right of way and easements are shown on the construction plans titled "Turner Harwood Drainage Improvements Phase I and Phase II prepared by Bowman Consulting Group, Ltd, of Leesburg, Virginia and on the aforesaid plats; and WHEREAS, a public hearing pursuant to advertisement of notice was held on this matter prior to the adoption of this resolution, as required by law; and WHEREAS, the property identification number, individual square footage of the necessary easements, and fair market value of the fee simple right of way, and permanent and temporary easements are listed below: A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF WAY AND EASEMENTS FROM PIN 189 -45- 2225 -000, PIN 189 -45- 2370 -000 AND PIN 189- 45 -5750 -001 THROUGH 009 FOR THE TURNER HARWOOD DRAINAGE IMPROVEMENTS PHASE I AND PHASE II PROJECT, INCLUDING CERTAIN PUBLIC ROAD IMPROVEMENTS AND CONSTRUCTION, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council hereby finds and determines that a public necessity exists to acquire the necessary land rights for the construction of the Turner Harwood Drainage Improvements Phase I and Phase II project, including certain road improvements and construction, adjacent to and through real properties listed above and that such land will be devoted to the public uses hereinabove described. 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 fee simple right of way and easements over the land from the aforesaid 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 such fee simple right of way and easements as determined by the approved appraisals, and on such terms and conditions as they deem advantageous to the Town, and fair to the owners, in a form approvable by the Town Attorney. SECTION III. That in the event the acquisition cannot be agreed upon, the Town Manager, Town Attorney, Director of Capital Projects, and their outside counsel be, and hereby are, authorized and directed to file a Certificate of Take for the acquisition of the necessary land rights and to institute appropriate condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of the said fee simple right of way and easements by eminent domain proceedings. SECTION IV. That funding for the purchase price by agreement or condemnation and the expenditure of such funds for the said fee simple right of way and easements and all other acquisition costs, including, if necessary, litigation costs, be, and hereby is, authorized and approved. SECTION V. 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 -4- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF WAY AND EASEMENTS FROM PIN 189 -45- 2225 -000, PIN 189 -45- 2370 -000 AND PIN 189- 45 -5750 -001 THROUGH 009 FOR THE TURNER HARWOOD DRAINAGE IMPROVEMENTS PHASE I AND PHASE II PROJECT, INCLUDING CERTAIN PUBLIC ROAD IMPROVEMENTS AND CONSTRUCTION, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED necessary or convenient to accomplish the acquisition of the fee simple right of way and easements as required by this resolution. SECTION VI. 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 fee simple right of way, and permanent and temporary easements as required by this resolution. PASSED this 28 day of June, 2011. P:\Resolutions\Resolutions 2011 \0628 Turner Harwood Condemnation Authorization.doc Kristen C. mstattd, Mayor Town of Leesburg Lt��►t. PPR Lt��►t. Bowman C O N S U L T I N G Sown OomaIN amp. Lit Purr a711 4IF1000 IOW nsr.ea7 Pbr, Mb 700 P.• 0011 48,41710 Omar. KO* 7001 1 i 3 1 1 JO SR 11336 L -SY-p 11( 1 aN MS Ammo! J 1 06111' t00- 10--010 ON 1]70ad 0m0 x 1 71 OP A 0 ��11 .r�lnl�t.�pym►ras 4Pn.II% m- isigVa+►_y+ *Ma I S1PGIMO1 NNO1 No6I 3N i1 9C 8 X 5 g B i 8 8 a A s i y� y F a= 4 11 qi h bi d b x 0 §1 8 F5 15 11 1PP 1 i0 5/ tgi x l Pg 6til Y �6 in p 11 ;1 Iii N g N .1 d d 57.59 S 31'06T'_ 9397 N 310901 E Og 6 s ob 1 dH- O-U819 8- 8- 8- 1 Bowman O N S U L T I N G OmniNs Ow Lid Mir aoo •H:100 Z JO 11331 OSLS-0 -6111 -0N Jon ...moo I 1 osviI 100- 10 -NIS 1o3oNd ace 0!)1 era on as wAws oo- n- oVoiam pas rlasoi-Na1 +4AOa0 gin ztz 588 `°8 i 900- d1:1- O-L6G9 =i �►1r 1646 SYCW NOW PINOV 4, •.ir". ttwivgtv 41 ra r k 4 0 vl M1� 4- 5 R �X asp .014 80 F "Hg ill 0 m° al e NM/ it! IN 061 gi gr 1 pp 11 :4 ;14 ilig �tf F >I F7 'by H H ��4 ya ,y. b i 1 TLES-2011 -0006 PLAT SHOVANG DEDICATION AND VACANON OF RICHT—OF—WAY AND VARIOUS EASEMENTS ON THE PROPERTY OF swum ROAD INDUSTRIAL CONDOMINIUM DEED BOOK 943, PAGE 309 TOWN OF LEESBURG LOUDOUN COUNTY, VIRGINIA 1 50' DATE NOVEMBER 29, 2010