HomeMy Public PortalAbout2012_12_11_R131 Easements for Church Street Improvements Ph 1The Town of
Leesburg
PRESENTED December 11, 2012
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SOLUTION NO. 2012-131 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 231 -38- 6627 -000 FOR THE
CHURCH STREET IMPROVEMENTS — PHASE I PROJECT AND TO
AUTHORIZE CONDEMNATION
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of the Church Street Improvements — Phase 1 project adjacent to and through
real property further set forth below, and for all other purposes incidental thereto, to acquire
permanent and temporary easements from the below listed property; 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 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 permanent and
temporary easements; and
WHEREAS, the permanent and temporary easements are shown on the construction plans
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FROM PIN 231 -38- 6627 -000 FOR THE
CHURCH STREET IMPROVEMENTS — PHASE I PROJECT, AND TO
AUTHORIZE CONDEMNATION
titled " Church Street Improvements — Loudoun Street to Royal Street ", prepared by AECOM, of
Arlington, 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
Land Rights Required
Offer
(PIN)
231 -38- 6627 -000
305 sq. ft. permanent sidewalk easement
$ 12,755.00
198 sq. ft. temporary construction easement
$ 2,485.00
$ 15,240.00
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 Church Street
Improvements — Phase I project adjacent to and through the real propertiy 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FROM PIN 231 -38- 6627 -000 FOR THE
CHURCH STREET IMPROVEMENTS — PHASE I PROJECT, AND TO
AUTHORIZE CONDEMNATION
of the Town a deed 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 pursuant to the authority and procedures set 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
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 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 permanent and temporary
easements as required by this resolution.
ME
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FROM PIN 231 -38- 6627 -000 FOR THE
CHURCH STREET IMPROVEMENTS — PHASE I PROJECT, AND TO
AUTHORIZE CONDEMNATION
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 permanent and temporary easements as required by this resolution.
PASSED this I Ith day of December, 2012.
Kristen . Umstattd, Mayor
Town of Leesburg
ATTEST -
Clerk of Cpun' it
P:\Resolutions\2012 \1211 Church Street Improvements - Phase I project Condemnation Authorzation - Option B.doc