HomeMy Public PortalAbout2012_07_24_R088 Lowenbach Ph III EasementsThe Town of
Leesburg,
Virginia
PRESENTED July 24, 2012
RESOLUTION NO. 2012 -088 ADOPTED July 24, 2012
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATION AND EASEMENTS FROM PIN 188 -35 -5359 -000, PIN 188-
35- 3472 -000, AND PIN 188 -45 -5203 -000 FOR THE LOWENBACH
STREET IMPROVEMENTS PHASE III (PRINCE STREET) 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 Lowenbach Street Improvements Phase III 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 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATION AND EASEMENTS FROM PIN 188 -35 -5359 -000, PIN 188-
35- 3472 -000, AND PIN 188 -45 -5203 -000 FOR THE LOWENBACH
STREET IMPROVEMENTS PHASE III (PRINCE STREET) PROJECT,
AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT
ACCEPTED
WHEREAS, the right of way dedications, and permanent and temporary easements are
shown on the construction plans titled "Lowenbach Subdivision Roadway Improvements Phase III
Prince Street ", prepared by Whitman, Requardt and Associates, LLP, of Fairfax, 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 dedication and permanent and temporary easements, and fair market value of the right
of way dedication, and permanent and temporary easements are listed below:
Property
Identification Number
Land Rights Required
Offer
(PIN)
36 sq. ft. permanent driveway easement
188 -35 -5359 -000
400 sq. ft. permanent storm drainage easement
$3,620.00
146 sq. ft. permanent waterline easement
38 sq. ft. right of way dedication
188 -35- 3472 -000
77 sq. ft. permanent waterline easement
$1,340.00
628 sq. ft. temp. construction easement
188 -45 -5203 -000
150 sq. ft. temp. construction easement
$300.00
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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATION AND EASEMENTS FROM PIN 188 -35 -5359 -000, PIN 188-
35- 3472 -000, AND PIN 188 -45 -5203 -000 FOR THE LOWENBACH
STREET IMPROVEMENTS PHASE III (PRINCE STREET) PROJECT,
AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT
ACCEPTED
public necessity and use exists to acquire the necessary land rights for the construction of the
Lowenbach Street Improvements Phase III 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 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,
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATION AND EASEMENTS FROM PIN 188 -35 -5359 -000, PIN 188-
35- 3472 -000, AND PIN 188 -45 -5203 -000 FOR THE LOWENBACH
STREET IMPROVEMENTS PHASE III (PRINCE STREET) PROJECT,
AND AUTHORIZING CONDEMNATION IF THE OFFER IS NOT
ACCEPTED
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 dedications, and permanent and temporary easements as required by
this resolution.
PASSED this 24th day of Jam, 2012.
CAJrnstattd, Mayor
Town of Leesburg
AT T:
Clerk o o cil
P:\Resolutions\2012 \0724 Lowenbach Ph III Condemnation Authorization. doc