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Home My Public Portal About2013_02_26_R034 Authorizing Easements for Lowenbach, Phase IV and VThe Town of Leesburg, Virginia PRESENTED February 26, 2013 RESOLUTION NO. 2013 -034 ADOPTED February 26, 2013 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET IMPROVEMENTS PHASE IV AND V (WASHINGTON AND QUEEN STREETS) 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 exists to improve safety, health and welfare of the public for the acquisition of the right of way dedications 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 dedications and 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 right of way dedications and easements; and IBM A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET IMPROVEMENTS PHASE IV AND V (WASHINGTON AND QUEEN STREETS) PROJECT WHEREAS, the right of way dedications and easements are shown on the construction plans titled "Lowenbach Phase IV & V Roadway Improvements ", prepared by Bowman Consulting, of Leesburg, Virginia; and WHEREAS, the property identification numbers 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) 188 -36- 1231 -000 188 -36- 0640 -000 188 -36- 0545 -000 188 -36- 0551 -000 188 -36- 0458 -000 188 -36- 0868 -000 188 -36- 0168 -000 188 -35- 8970 -000 188 -35- 8384 -000 188 -35- 8884 -000 188 -35- 9384 -000 188 -35- 9884 -000 188 -36- 0184 -000 188 -36- 0484 -000 188 -36- 0985 -000 188 -36- 0397 -000 188 -46- 0204 -000 188 -46- 0309 -000 188 -46- 0215 -000 188 -46- 0422 -000 188 -46- 2326 -000 188 -46- 2320 -000 188 -46- 2315 -000 188 -46- 2311 -000 188 -46- 2308 -000 188 -46- 2305 -000 188 -36- 2399 -000 188 -36- 2495 -000 -3- A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET IMPROVEMENTS PHASE IV AND V (WASHINGTON AND QUEEN STREETS) PROJECT Property Identification Number (PIN) 188 -36- 2189 -000 188 -36- 2281 -000 188 -46- 1736 -000 188 -46- 0635 -000 188 -36- 2469 -000 188 -36- 2562 -000 188 -36- 2553 -000 188 -36- 2550 -000 188 -36- 2544 -000 188 -36- 2338 -000 188 -36- 2131 -000 188 -36- 4632 -000 188 -36- 4141 -000 188 -36- 4147 -000 188 -36- 4051 -000 188 -36- 4056 -000 188 -36- 4061 -000 188 -36- 4466 -000 188 -36- 4471 -000 188 -36- 3671 -000 188 -36- 2985 -000 188 -36- 3485 -000 188 -36- 4085 -000 188 -36- 4485 -000 188 -36- 3895 -000 188 -36- 3899 -000 188 -36- 6299 -000 188 -36- 6296 -000 188 -36- 7276 -001 through 089 188 -36- 6852 -000 188 -36- 6548 -000 188 -36- 6544 -000 188 -36 -6241 -000 188 -36- 6032 -000 188 -36- 8397 -000 188 -36- 9053 -000 188 -36- 9049 -000 188 -36- 9044 -000 188 -36- 9040 -000 188 -36- 9435 -000 188 -37- 0635 -000 188 -36- 6733 -000 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET IMPROVEMENTS PHASE IV AND V (WASHINGTON AND QUEEN STREETS)PROJECT 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 Lowenbach Street Improvements Phase IV and V 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 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 dedications 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 funding for the purchase price by agreement and the expenditure of such funds for the said right of way dedications and 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 right of way dedications and easements as required by this resolution. ffbm A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR LOWENBACH STREET IMPROVEMENTS PHASE IV AND V (WASHINGTON AND QUEEN STREETS) PROJECT 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 right of way dedications and easements as required by this resolution. PASSED this 26th day of February, 2013. 'Kr' en C. t Tm stattd, Mayor Town of Leesburg AT S Clerk of 1 P: \Resolutions\2013 \0226 Lowenbach Ph IV and V - Land Acquisition Authorization. doe