HomeMy Public PortalAbout2011_08_30_R107 Easement Acquisition for Woodberry RoadThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2011 -107 ADOPTED August 30, 2011
PRESENTED August 30, 2011
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FROM PIN 231 -30- 6928 -000, PIN 231-
30- 7643 -000, PIN 231 -30- 9593 -000, PIN 231 -40- 9503 -000, PIN 231-40 -9813-
000, PIN 231 -30- 6249 -000, PIN 231 -30- 7375 -000, AND PIN 231 -30- 7891 -000
FOR THE WOODBERRY ROAD DRAINAGE AND STREET
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 the Woodberry Road Drainage and Street 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
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
WHEREAS, the right of way dedication, and permanent and temporary easements are shown on
Property
Identification Number
(PIN)
Land Rights Required
Offer
231 -30- 6928 -000
19 sq. ft. right of way dedication
2,380 sq. ft. temp. construction and grading easement
$2,925.00
231 -30- 7643 -000
333 sq. ft. right of way dedication
68 sq. ft. permanent waterline easement
2,188 sq. ft. temp. construction and grading easement
$5,815.00
231 -30- 9593 -000
1,183 sq. ft. temp. construction and grading easement
$735.00
231 -40- 9503 -000
950 sq. ft. temp. construction and grading easement
$1,385.00
231 -40- 9813 -000
8 sq. ft. right of way dedication
315 sq. ft. temp. construction and grading easement
$600.00
231 -30- 6249 -000
1,113 sq. ft. temp. construction and grading easement
$1,615.00
-2-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FROM PIN 231 -30- 6928 -000, PIN 231-
30- 7643 -000, PIN 231 -30- 9593 -000, PIN 231 -40- 9503 -000, PIN 231-40 -9813-
000, PIN 231 -30- 6249 -000, PIN 231 -30- 7375 -000, AND PIN 231 -30- 7891 -000
FOR THE WOODBERRY ROAD DRAINAGE AND STREET
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT ACCEPTED
the construction plans titled "Woodberry Road Drainage and Street Improvements Construction
Drawings 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
right of way dedications, and permanent and temporary easements, and fair market value of the right of
way dedications, and permanent and temporary easements are listed below:
231
-30- 7375 -000
66 sq. ft. permanent storm drainage easement
734 sq. ft. temp. construction and grading easement
$1,440.00
231
-30- 7891
-000
165 sq. ft. temp. construction and grading easement
$245.00
-3-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FROM PIN 231 -30- 6928 -000, PIN 231-
30- 7643 -000, PIN 231 -30- 9593 -000, PIN 231 -40- 9503 -000, PIN 231-40 -9813-
000, PIN 231 -30- 6249 -000, PIN 231 -30- 7375 -000, AND PIN 231 -30- 7891 -000
FOR THE WOODBERRY ROAD DRAINAGE AND STREET
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
Woodberry Road Drainage and Street 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 and to institute
appropriate condemnation proceedings in the Circuit Court of Loudoun County for the acquisition of
-4-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FROM PIN 231 -30- 6928 -000, PIN 231-
30- 7643 -000, PIN 231 -30- 9593 -000, PIN 231 -40- 9503 -000, PIN 231-40 -9813-
000, PIN 231 -30- 6249 -000, PIN 231 -30- 7375 -000, AND PIN 231 -30- 7891 -000
FOR THE WOODBERRY ROAD DRAINAGE AND STREET
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT ACCEPTED
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 30 day of August, 2011.
P:\Resolutions\Resolutions 2011 \0830 Woodberry Rd Drainage and Street Imp Condemnation Auth.doc
Town of Leesburg
mstattd, Mayor