HomeMy Public PortalAbout2012_09_11_R104 Easement Acquisition for S King Street WideningThe Town of
Leesburg,
Vir inia
SOLUTION NO. 2012 -104
PRESENTED September 11, 2012
ADOPTED September 11, 2012
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE ROUTE 15 (SOUTH KING
STREET) WIDENING PHASE II 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 exist to
improve safety, health and welfare of the public for the acquisition of the right of way dedications
and 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 right of way dedications and permanent and temporary easements over real property
further set forth below located in Town of Leesburg and certifies that the acquisition has been
reviewed for purposes of complying with Section 1- 219 -1, Code of Virginia, as amended; 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 permanent and temporary easements; and
WHEREAS, these easements are shown on the construction plans titled "South King Street
-2-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE ROUTE 15 (SOUTH KING
STREET) WIDENING PHASE II PROJECT
Phase 2 Street Widening ", prepared by Paciulli, Simmons & Associates, of Leesburg, Virginia; and
WHEREAS, the property identification number 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)
273 -18- 3376 -000
273 -18- 3985 -000
273 -18- 4497 -000
273 -17 -5133 -000
273 -28 -5489 -000
273 -38- 6627 -000
273 -39- 1389 -000
273 -49- 2205 -000
274 -47- 3967 -000
273 -18- 0838 -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 Route
15 (South King Street) Widening Phase II 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 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
-3-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND EASEMENTS FOR THE ROUTE 15 (SOUTH KING
STREET) WIDENING PHASE II PROJECT
related in their judgment to the fair market value of the right of way dedications, and 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 permanent and temporary easements as required by this resolution.
PASSED this 11th day of September, 2012.
mstattd, Mayor
Town of Leesburg
AT S
Clerk of C
P: \Resolutions\2012 \0911 S King St Widening Ph II - Land Acquisition Auth.doc