HomeMy Public PortalAbout2011_10_25_R130 - Easement Acquisition for Lowenbach (Prince St) ImprovementsThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2011 -130
PRESENTED October 25, 2011
ADOPTED October 25, 2011
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET
IMPROVEMENTS PHASE III (PRINCE STREET) PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is
necessary for the construction of a street improvement project adjacent to and through real
properties further set forth below, and for all other purposes incidental thereto, to acquire right of
way dedications, and permanent and temporary easements from the below listed properties; and
WHEREAS, the Council further finds and determines that a public necessity and use
exists to improve safety, health and welfare of the public for the acquisition of the right of way
dedications 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 certain right of way dedications and 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 dedications and easements; and
WHEREAS, the right of way dedications and easements are shown on the construction
plans titled "Lowenbach Subdivision Roadway Improvements Phase III Prince Street ", prepared
-2-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET
IMPROVEMENTS PHASE III (PRINCE STREET) PROJECT
by Whitman, Requardt and Associates, LLP, of Fairfax, Virginia; and
WHEREAS, the property identification numbers for the real properties necessary for the
acquisition of the right of way dedications, and permanent and temporary easements are listed
below:
Property Identification Number (PIN)
188 -35- 4927 -000
188 -35 -5439 -000
188 -35 -5443 -000
188 -35 -5449 -000
188 -35 -5454 -000
188 -35 -5359 -000
188 -35 -5366 -000
188 -35 -5240 -000
188 -35 -5082 -000
188 -35- 4788 -000
188 -35 -5293 -000
188 -45 -5203 -000
188 -45 -5107 -000
188 -45 -5118 -000
188 -45- 2817 -000
188 -45- 3210 -000
188 -35- 3298 -000
188 -35- 3390 -000
188 -35- 3382 -000
188 -35- 3472 -000
188 -35 -1981 -000
188 -35- 3549 -000
188 -35- 3540 -000
188 -35- 4028 -000
188 -35 -5783 -000
188 -35- 6383 -000
188 -35- 7180 -000
188 -35- 6969 -000
188 -35 -5298 -000
188 -35 -5288 -000
-3-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET
IMPROVEMENTS PHASE III (PRINCE STREET) PROJECT
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
Lowenbach Street Improvements Phase III (Prince Street) 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 right of way dedications 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 dedications 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 funding for the purchase price by agreement and the expenditure of
such funds for the said right of way dedications and easements and all other acquisition costs, be,
and hereby is, authorized and approved.
SECTION IV. 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 dedications
M
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET
IMPROVEMENTS PHASE III (PRINCE STREET) PROJECT
and easements as required by this resolution.
SECTION V. 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 dedications and easements as required by this resolution.
PASSED this 25th day of October, 2011.
C.
Utnstattd, Mayor -
Town of Leesburg
AT/7E 7,* ;
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Clerk ofd ku cil
P:\Resolutions \Resolutions 2011 \1025 Lowenbach St Imp Ph III - Land Acquisition Authorization. doc