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
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