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HomeMy Public PortalAbout2012_02_28_R024 Easements for Sycolin at Tavistock Intersection ImprovementsThe Town of Leesburg, Virginia PRESENTED February 28, 2012 RESOLUTION NO. 2012 -024 ADOPTED February 28, 2012 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR THE TURN LANE AT SYCOLIN ROAD AND TAVISTOCK DRIVE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for the construction of the Turn Lane at Sycolin Road and Tavistock Drive Intersection Improvements 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 -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR THE TURN LANE AT SYCOLIN ROAD AND TAVISTOCK DRIVE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, these easements are shown on the construction plans titled "Turn Lane at Sycolin Road and Tavistock Drive Intersection Improvements ", prepared by AECOM, of Arlington, Virginia; and WHEREAS, the property identification number for the real properties necessary for the acquisition of permanent and temporary easements are listed below: Property Identification Number (PIN) 191 -36 -1377 -000 191 -46- 0526 -000 191-35-5979-000 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 Turn Lane at Sycolin Road and Tavistock Drive Intersection Improvements 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 -3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR THE TURN LANE AT SYCOLIN ROAD AND TAVISTOCK DRIVE INTERSECTION IMPROVEMENTS PROJECT 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 funding for the purchase price by agreement and the expenditure of such funds for the said permanent and temporary 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 permanent and temporary 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 easements as required by this resolution. PASSED this 28h day of February, 2012. 1. C. mstattd, Mayor Town of Leesburg ATTPâś“$'I Clerk of Conn P:\Resolutions\2012 \0228 Sycolin Road and Tavistock Drive Easemen.doc