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Home My Public Portal About2011_07_26_R102 Easement Acq Virts CornerThe Town of Leesburg, Virginia PRESENTED July 26, 2011 RESOLUTION NO. 2011 -102 ADOPTED July 26, 2011 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FROM PIN 273 -18- 0838 -000, PIN 273 -18- 6256 -000, PIN 274 -47- 3967 -000, PIN 273 -18- 2708 -000, AND PIN 274 -47- 8862 -000 FOR THE VIRTS CORNER IMPROVEMENTS 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 Virts Corner Improvements project adjacent to and through real properties further set forth below, and for all other purposes incidental thereto, to acquire right of way dedication, 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 dedication 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 a certain right of way dedication, and permanent and temporary easements over real property further set forth below located in the Town of Leesburg and Loudoun County 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 dedication, and permanent and temporary easements; and Property Identification Number (PIN) Land Rights Required Offer 273 -18- 0838 -000 10,008 sq. ft. right of way dedication 955 sq. ft. perm. storm drainage easement 6,886 sq. ft. temp. construction and grading easement 12,704 sq. ft. Dominion Virginia utility easement 11,749 sq. ft. Verizon Virginia utility easement 12,704 sq. ft. Comcast utility easement $63,638.00 273 -18- 6256 -000 470 sq. ft. Dominion Virginia utility easement 470 sq. ft. Comcast utility easement $285.00 274 -47- 3967 -000 217 sq. ft. perm. storm drainage easement 6,313 sq. ft. temp. construction and grading easement 5,044 sq. ft. Dominion Virginia utility easement 1,650 sq. ft. Verizon Virginia utility easement 1,650 sq. ft. Comcast utility easement $4,250.00 -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FROM PIN 273 -18- 0838 -000, PIN 273 -18- 6256 -000, PIN 274 -47- 3967 -000, PIN 273 -18- 2708 -000, AND PIN 274 -47- 8862 -000 FOR THE VIRTS CORNER IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED WHEREAS, the right of way dedication, and permanent and temporary easements are shown on the construction plans titled "Virts Corner Intersection Improvements prepared by Paciulli, Simmons Associates, of Leesburg, Virginia, and plats prepared by Virginia Electric and Power Company, doing business as Dominion Virginia Power Company, Verizon Virginia, Inc. and Comcast of California Maryland /Pennsylvania/Virginia/West Virginia, LLC; and WHEREAS, the property identification number and property owner name for the real properties necessary for the acquisition of the right of way dedication, and permanent and temporary easements are listed below: Property Identification Number (PIN) Land Rights Required Offer 273 -18- 2708 -000 570 sq. ft. perm. storm drainage easement 2,388 sq. ft. temp. construction and grading easement 760 sq. ft. Verizon Virginia utility easement $940.00 274 -47- 8862 -000 678 sq. ft. Verizon Virginia utility easement $110.00 -3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FROM PIN 273 -18- 0838 -000, PIN 273 -18- 6256 -000, PIN 274 -47- 3967 -000, PIN 273 -18- 2708 -000, AND PIN 274 -47- 8862 -000 FOR THE VIRTS CORNER IMPROVEMENTS 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 Virts Corner Improvement 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 land rights, right of way dedication and 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 right of way dedication 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 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 -4- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FROM PIN 273 -18- 0838 -000, PIN 273 -18- 6256 -000, PIN 274 -47- 3967 -000, PIN 273 -18- 2708 -000, AND PIN 274 -47- 8862 -000 FOR THE VIRTS CORNER IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT ACCEPTED and to institute appropriate condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of the said right of way dedication, and 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 right of way dedication, and permanent and temporary 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 necessary or convenient to accomplish the acquisition of the right of way dedication, and 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 right of way dedication, and permanent and temporary easements as required by this resolution. PASSED this 26th day of July, 2011. ATTEST:?\ kJ Clerk of Counc' P:\Resolutions \Resolutions 2011 \0726 Virts Corner Condemnation Authorization.doc