HomeMy Public PortalAbout2012_05_08_R053 Authorizing Settlement Agreement - SW End of Runway ProjectThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2012-053
PRESENTED May 8, 2012
ADOPTED May 8, 2012
A RESOLUTION: AUTHORIZING A SETTLEMENT AGREEMENT TO ACQUIRE REAL
PROPERTY FOR THE LAND ACQUISITION — AIRPORT
EXPANSION SOUTH WEST END OF AIRPORT PROJECT FOR THE
LEESBURG EXECUTIVE AIRPORT
WHEREAS, the Council of the Town of Leesburg by Resolution adopted on February 28,
2012, determined that it was necessary for the future expansion of the airport, and for all other
purposes incidental thereto, to acquire real property; and
WHEREAS, the Town Manager, Town Attorney, Director of Capital Projects, and their
outside counsel were authorized and directed to negotiate with and execute on behalf of the
Town deeds to acquire the real property over the land from the property owner, 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 land, and on such terms and
conditions as they deem advantageous to the Town, in a form approvable by the Town Attorney;
and
WHEREAS, a bona fide offer to purchase, in the amount of $2,880,150.00, was made to
the landowner, by letter dated March 23, 2012, for the purchase of a 44.31 acre tract or parcel of
land for the south west end airport expansion; and
WHEREAS, the landowner, by letter dated March 29, 2012, is willing to settle the
proposed acquisition for the amount of $3,500,000.00; and
WHEREAS, Council has authorized the Town Attorney, Town Manager and Capital
Project Land Acquisition Manager to offer $3,500,000 in settlement for acquisition of the land
-2-
A RESOLUTION: AUTHORIZING A SETTLEMENT AGREEMENT TO ACQUIRE REAL
PROPERTY FOR THE LAND ACQUISITION — AIRPORT
EXPANSION SOUTH WEST END OF AIRPORT PROJECT FOR THE
LEESBURG EXECUTIVE AIRPORT
provided the landowner provides dedicated public street access to the property; and
WHEREAS, the Federal Aviation Administration (FAA) and Virginia Department of
Aviation (DOAV) are in concurrence with the proposed settlement amount conditioned upon
formal approval; and
WHEREAS, the funding for this project is appropriated in the following amounts: FAA
at 90 %, DOAV at 8 %, and Town funds at 2 %; and
WHEREAS, the property identification number (PIN), land acquisition area and
settlement amount for the acquisition of the real property is listed below:
Property Identification
Number (PIN)
Land Acquisition Area
Settlement
Amount
235 -20- 1426 -001
44.31 acres
$3,500,000.00
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Town Attorney and staff are authorized to enter into a settlement
agreement with the landowner as required for the fee simple purchase of the land.
SECTION II. The Town Manager is authorized to execute any and all necessary
documents associated with this land purchase in a contract form approved by the Town Attorney.
SECTION III. That funding for the purchase price by agreement and the expenditure of
such funds for the said real property and all other acquisition costs, be, and hereby is, authorized
-3-
A RESOLUTION: AUTHORIZING A SETTLEMENT AGREEMENT TO ACQUIRE REAL
PROPERTY FOR THE LAND ACQUISITION — AIRPORT
EXPANSION SOUTH WEST END OF AIRPORT PROJECT FOR THE
LEESBURG EXECUTIVE AIRPORT
and approved, and conditioned upon the funds being provided by the FAA at 90% DOAV at 8 %.
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 real property as required
by this resolution including receiving formal approval from the DOAV and FAA.
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 real property as required by this resolution.
PASSED this 8th day of May, 2012.
Kristen C. mstattd, Mayor
Town of Leesburg
ATT T:
Clerk of Counci
P:\Resolutions\2012 \0508 Settlement Authorization Airport SW End Land Acquisition Authorization. doc