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HomeMy Public PortalAbout2011_07_26_R101 Easement Acq S King Street WideningThe Town of Leesburg, Virginia PRESENTED July 26, 2011 RESOLUTION NO. 2011 -101 ADOPTED July 26, 2011 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FROM PIN 273 -49- 6457 -000, PIN 273 -49- 8582 -000, PIN 273 -49- 8096 -000, PIN 272 -19- 9401 -000, PIN 272-19 -9809- 000, PIN 272 -10- 4060 -000, PIN 272 -10- 3151 -000, PIN 272- 1 0 -5379 -000, AND PIN 272 -20- 7005 -000 FOR ROUTE 15 (SOUTH KING STREET) WIDENING PHASE I PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for the construction of Route 15 (South King Street) Widening Phase I project 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 WHEREAS, these easements are shown on the construction plans titled "South King Street Property Identification Number (PIN) Land Rights Required Offer 273 -49- 6457 -000 370 sq. ft. perm. trail easement 1,817 sq. ft. temp. construction and grading easement $200.00 273 -49- 8582 -000 273 -49- 8096 -000 272 -19- 9401 -000 2,875 sq. ft. temp. construction and grading easement $175.00 272 -19- 9809 -000 1,005 sq. ft. perm. surface drainage easement 163 sq. ft. perm. storm drainage easement 332 sq. ft. temp. construction and grading easement $3,600.00 272 -10- 4060 -000 538 sq. ft. perm. storm drainage easement $1,820.00 272 -10- 3151 -000 258 sq. ft. perm. storm drainage easement $620.00 272 -10 -5379 -000 650 sq. ft. perm. storm drainage easement 734 sq. ft. temp. construction and grading easement $2,875.00 272 -20- 7005 -000 551 sq. ft. perm. storm drainage easement 1,940 sq. ft. temp. construction and grading easement $3,935.00 -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FROM PIN 273 -49- 6457 -000, PIN 273 -49- 8582 -000, PIN 273 -49- 8096 -000, PIN 272 -19- 9401 -000, PIN 272-19 -9809- 000, PIN 272 -10- 4060 -000, PIN 272 -10- 3151 -000, PIN 272 -10 -5379 -000, AND PIN 272 -20- 7005 -000 FOR ROUTE 15 (SOUTH KING STREET) WIDENING PHASE I PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED Widening Phase I (Greenway Drive to Governors Drive) prepared by Paciulli, Simmons Associates, of Leesburg, Virginia; and WHEREAS, a public hearing pursuant to advertisement of notice was held on this matter, as required by law; and WHEREAS, the property identification number, individual square footage of the necessary easements, and fair market value of the permanent and temporary easements are listed below: -3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FROM PIN 273 -49- 6457 -000, PIN 273 -49- 8582 -000, PIN 273 -49- 8096 -000, PIN 272 -19- 9401 -000, PIN 272-19 -9809- 000, PIN 272 -10- 4060 -000, PIN 272 -10- 3151 -000, PIN 272 -10 -5379 -000, AND PIN 272 -20- 7005 -000 FOR ROUTE 15 (SOUTH KING STREET) WIDENING PHASE I PROJECT, 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 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 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 permanent and temporary 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 permanent and temporary easements and all other acquisition costs, including, if necessary litigation 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 FROM PIN 273 -49- 6457 -000, PIN 273 -49- 8582 -000, PIN 273 -49- 8096 -000, PIN 272 -19- 9401 -000, PIN 272-19 -9809- 000, PIN 272 -10- 4060 -000, PIN 272 -10- 3151 -000, PIN 272 -10 -5379 -000, AND PIN 272 -20- 7005 -000 FOR ROUTE 15 (SOUTH KING STREET) WIDENING PHASE I PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED 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 necessary or convenient to accomplish the acquisition of the permanent and temporary 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 permanent and temporary easements as required by this resolution. PASSED this 26 day of July, 2011. A "1,'1ES Clerk of Counc P:\Resolutions \Resolutions 2011 \0726 S King St Wideining Condemnation Authorization.doc vin D. Wr .s Town of Le ayor