HomeMy Public PortalAbout2012_11_13_R125 Acq Easements Ed Ferry Right Turn LaneThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2012-125
PRESENTED November 13, 2012
ADOPTED November 13, 2012
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF
WAY AND EASEMENT FROM PIN 188 -39- 8114 -000 FOR THE
EDWARDS FERRY ROAD AT ROUTE 15 BYPASS RIGHT TURN LANE
IMPROVEMENT 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 Edwards Ferry Road at Route 15 Bypass Right Turn Lane project
adjacent to and through real properties further set forth below, and for all other purposes incidental
thereto, to acquire fee simple right of way, and a temporary easement 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 fee simple right of way
and easement 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 fee simple right of way, and easement over real property further set forth below
located in the 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 fee simple right
WR
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF
WAY AND EASEMENT FROM PIN 188 -39 -8114 -000 FOR THE
EDWARDS FERRY ROAD AT ROUTE 15 BYPASS RIGHT TURN LANE
IMPROVEMENT PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT ACCEPTED
of way, and temporary easement; and
WHEREAS, the fee simple right of way, and temporary easement are shown on the
construction plans titled "Edwards Ferry Road (Route 773) Dual Right Turn Lanes ", prepared by
Rinker Design Associates, of Manassas, 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
fee simple right of way and temporary easement, and fair market value such property interests as
reflected in an approved appraisal are listed below:
Property
Identification Number
Land Rights Required
Offer
(PIN)
7,734 sq. ft. fee simple right of way
$ 4,640.00
188 -39 -8114 -000
2,069 sq. ft. temporary construction easement
$ 124.00
Landscaping
$ 2,400.00
$ 7,164.00
The land rights to be acquired are more particularly shown on a plat by Rinker Design
Associates, dated September 28, 2011, revised through February 23, 2012, and titled "Plat Showing
Public Street Dedication and Temporary Construction Easement on Reservation Area for Future
Street Dedication on the Land of Edwards Ferry — Beverly Road Associates Limited Partnership," a
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF
WAY AND EASEMENT FROM PIN 188 -39 -8114 -000 FOR THE
EDWARDS FERRY ROAD AT ROUTE 15 BYPASS RIGHT TURN LANE
IMPROVEMENT PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT ACCEPTED
copy of which is attached hereto and made a part of this Resolution. On said plat the land to be
acquired for fee simple right of way is identified as "7734 sq. ft. (0.1775 acre) HEREBY
DEDICATED FOR PUBLIC STREET PURPOSES."
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 Edwards
Ferry Road at Route 15 Bypass Right Turn Lane I 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 fee simple right of way and easement, and not less than the amount of
the approved appraisal, 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 pursuant to the authority and procedures set
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE FEE SIMPLE RIGHT OF
WAY AND EASEMENT FROM PIN 188 -39 -8114 -000 FOR THE
EDWARDS FERRY ROAD AT ROUTE 15 BYPASS RIGHT TURN LANE
IMPROVEMENT PROJECT, AND AUTHORIZING CONDEMNATION IF
THE OFFER IS NOT ACCEPTED
forth in Chapter 3, Title 25. 1, Code of Virginia (1950), as amended 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 fee simple right of way and temporary easement 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 fee simple right of way and temporary easement and all other
acquisition costs, including, if necessary litigation costs, be, and hereby is, 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 fee simple right of way, and
temporary easement 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 fee simple right of way and temporary easement as required by this resolution.
PASSED this 13th day of November, 2012.
iC. mstattd, Mayor
Town of Leesburg
Clerk o%C unc 1
1101 Edwards Fe to 15 RTL - Easement Condemnation Auth