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HomeMy Public PortalAbout2012_05_08_R052 Easements for Sycolin Rd Widening Project Phase IIIThe Town of Leesburg, Virginia PRESENTED May 8, 2012 RESOLUTION NO. 2012 -052 ADOPTED May 8, 2012 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR SYCOLIN ROAD WIDENING PHASE III (HOPE PARKWAY INTERSECTION) 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 -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR SYCOLIN ROAD WIDENING PHASE III (HOPE PARKWAY INTERSECTION) PROJECT plans titled "Sycolin Road Widening Phase III ", prepared by AECOM, of Alexandria, 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) 190 -45- 8061 -000 189 -16- 0666 -000 190 -35- 0687 -000 190 -45- 4810 -000 190 -45- 4942 -000 190 -45- 3867 -000 190 -45- 4387 -000 189 -15- 6349 -000 THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council of Leesburg, VA hereby finds and determines that a public necessity and use exists to acquire the necessary land rights for the construction of the Sycolin Road Widening Phase III (Hope Parkway Intersection) 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 -3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR SYCOLIN ROAD WIDENING PHASE III (HOPE PARKWAY INTERSECTION) PROJECT 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 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 8th day of May, 2012. ..4 o Kris . Uthstattd, Mayor Town of Leesburg AT S Clerk of Cou c'1 P:\Resolutions\2012 \0508 Sycolin Widening Ph III Land Acq Auth.doc