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Home My Public Portal About2012_12_11_R130 Easements for Lower Sycolin Sewage Conveyance System Sycolin Branch ProjectThe Town of Leesburg, Virginia PRESENTED December 11. 2012 RESOLUTION NO. 2012 -130 ADOPTED December 11, 2012 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FROM PIN 193 -46- 2814 -000, PIN 193 -46- 1044 -000, PIN 193 -46- 3445 -000, PIN 193 -46- 7168 -000, PIN 193- 27 -9018- 000, PIN 193 -48 -5687 -000, PIN 151 -16- 0598 -000, PIN 152 -36- 1675 -000, PIN 151 -37- 7403 -000, PIN 151 -36- 2959 -000, PIN 151 -36 -5081 -000, AND PIN 151 -36- 6971 -000 FOR THE LOWER SYCOLIN CREEK SEWAGE CONVEYANCE SYSTEM — SYCOLIN BRANCH SEWER PROJECT AND AUTHORIZING CONDEMNATION WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for the construction of a sanitary sewer and reclaimed water lines adjacent to and through real properties further set forth below, and for all other purposes incidental thereto, to acquire 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 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 permanent and temporary easements over real property further set forth below located in Loudoun County 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 -2- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FROM PIN 193 -46- 2814 -000, PIN 193 -46- 1044 -000, PIN 193 -46- 3445 -000, PIN 193 -46- 7168 -000, PIN 193 -27- 9018 -000, PIN 193 -48 -5687 -000, PIN 151 -16- 0598 -000, PIN 152 -36- 1675 -000, PIN 151 -37- 7403 -000, PIN 151- 36 -2959- 000, PIN 151 -36- 5081 -000, AND PIN 151 -36- 6971 -000 FOR THE LOWER SYCOLIN CREEK SEWAGE CONVEYANCE SYSTEM — SYCOLIN BRANCH SEWER PROJECT AND AUTHORIZING CONDEMNATION of Capital Projects, and their outside counsel to proceed with the acquisition of the permanent and temporary easements; and WHEREAS, these easements are shown on the construction plans titled "Lower Sycolin Sewage Conveyance System, Sycolin Branch Sewer ", prepared by Dewberry & Davis, LLC, 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 permanent and temporary easements, and fair market value of the permanent and temporary easements are listed below: Property Identification Number (PIN) Land Rights Required Offer 193 -46- 2814 -000 7,446 sq. ft. permanent sanitary sewer easement $ 510.00 3,002 sq. ft. temporary construction easement $ 245.00 $ 755.00 193 -46- 1044 -000 1,897 sq. ft. permanent sanitary sewer easement $ 400.00 523 sq. ft. temporary construction easement $ 135.00 $ 535.00 -3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FROM PIN 193 -46- 2814 -000, PIN 193 -46- 1044 -000, PIN 193 -46- 3445 -000, PIN 193 -46- 7168 -000, PIN 193 -27- 9018 -000, PIN 193 -48 -5687 -000, PIN 151 -16- 0598 -000, PIN 152 -36- 1675 -000, PIN 151 -37- 7403 -000, PIN 151- 36 -2959- 000, PIN 151 -36 -5081 -000, AND PIN 151 -36 -6971 -000 FOR THE LOWER SYCOLIN CREEK SEWAGE CONVEYANCE SYSTEM — SYCOLIN BRANCH SEWER PROJECT AND AUTHORIZING CONDEMNATION 193 -46- 3445 -000 20,444 sq. ft. permanent sanitary sewer easement $ 800.00 193 -46- 7168 -000 6,067 sq. ft. temporary construction easement $ 285.00 $ 1,085.00 193 -27- 9018 -000 9,878 sq. ft. permanent sanitary sewer easement $ 280.00 3,630 sq. ft. temporary construction easement $ 125.00 $ 405.00 193 -48 -5687 -000 1,820 sq. ft. permanent sanitary sewer easement $ 405.00 2,792 sq. ft. temporary construction easement $ 375.00 $ 780.00 151 -16- 0598 -000 219,869 sq. ft. permanent sanitary sewer easement $ 18,250.00 152 -36- 1675 -000 54,879 sq. ft. temporary construction easement $ 2,780.00 151 -37- 7403 -000 $ 21,030.00 151 -36- 2959 -000 151 -36 -5081 -000 26,389 sq. ft. permanent sanitary sewer easement $ 8,105.00 151 -36- 6971 -000 6,690 sq. ft. temporary construction easement $ 1,030.00 $ 9,135.00 THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION L 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 Lower Sycolin Creek Sewage Conveyance System — Sycolin Branch Sewer project adjacent to and through real properties listed above. -4- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FROM PIN 193 -46- 2814 -000, PIN 193 -46 -1044 -000, PIN 193 -46- 3445 -000, PIN 193 -46- 7168 -000, PIN 193 -27- 9018 -000, PIN 193 -48 -5687 -000, PIN 151 -16- 0598 -000, PIN 152 -36- 1675 -000, PIN 151 -37- 7403 -000, PIN 151- 36 -2959- 000, PIN 151 -36 -5081 -000, AND PIN 151 -36 -6971 -000 FOR THE LOWER SYCOLIN CREEK SEWAGE CONVEYANCE SYSTEM — SYCOLIN BRANCH SEWER PROJECT AND AUTHORIZING CONDEMNATION 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 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 related in their judgment to the fair market value of the 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 in the event the Town's bona fide effort to acquire the necessary land rights from the owner is ineffectual, 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 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 permanent and temporary easements and all other acquisition costs, including, if necessary litigation 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 -5- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FROM PIN 193 -46- 2814 -000, PIN 193 -46 -1044 -000, PIN 193 -46- 3445 -000, PIN 193 -46- 7168 -000, PIN 193 -27- 9018 -000, PIN 193 -48 -5687 -000, PIN 151 -16- 0598 -000, PIN 152 -36 -1675 -000, PIN 151 -37- 7403 -000, PIN 151- 36 -2959- 000, PIN 151 -36 -5081 -000, AND PIN 151 -36- 6971 -000 FOR THE LOWER SYCOLIN CREEK SEWAGE CONVEYANCE SYSTEM — SYCOLIN BRANCH SEWER PROJECT AND AUTHORIZING CONDEMNATION 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 111h day of December, 2012. Kristen C. U stattd, Mayor Town of Leesburg ATTES/T: Clerk of Co c 1 P: \Resolutions\2012 \1211 Lower Sycolin Creek Sewage Conveyance System - Sycolin Branch Condemnation Auth.doc