HomeMy Public PortalAbout2013_07_23_R084 Easement Acq for Battlefield Pkwy Rt 15 to Greenway The Town of
Leesburg,
V®
irginia PRESENTED July 23, 2013
RESOLUTION NO. 2013-084 ADOPTED July 23, 2013
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND PERMANENT AND TEMPORARY EASEMENTS
FOR THE BATTLEFIELD PARKWAY- ROUTE 15 TO DULLES
GREENWAY 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 the Town of Leesburg and 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
of Capital Projects, and their outside counsel to proceed with the acquisition of the right of way
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND PERMANENT AND TEMPORARY EASEMENTS
FOR THE BATTLEFIELD PARKWAY- ROUTE 15 TO DULLES
GREENWAY PROJECT
dedications, and permanent and temporary easements; and
WHEREAS, the right of way dedications, and permanent and temporary easements are
shown on the construction plans titled`Battlefield Parkway Phase III—South King Street (Route
15)to Dulles Greenway(Route 267)", prepared by Rinker Design Associates, P.C., of Manassas,
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)
273-10-3227-000 273-10-5230-000
273-10-8519-000 233-15-5236-000
233-15-9240-000 233-16-1536-000
233-15-6915-000 234-46-9444-000
233-16-1877-000 233-16-2092-000
233-26-2208-000 233-26-2322-000
233-26-2538-000 233-26-2651-000
273-15-2033-000
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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND PERMANENT AND TEMPORARY EASEMENTS
FOR THE BATTLEFIELD PARKWAY- ROUTE 15 TO DULLES
GREENWAY PROJECT
Battlefield Parkway- Route 15 to Dulles Greenway 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 Office of Capital Projects, at a price reasonably 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 the right of way dedications, and 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 right of way dedications, and
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 right of way dedications, and permanent and temporary easements as required by
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATIONS AND PERMANENT AND TEMPORARY EASEMENTS
FOR THE BATTLEFIELD PARKWAY - ROUTE 15 TO DULLES
GREENWAY PROJECT
this resolution.
PASSED this 23rd day of July, 2013.
•
is en C. Umstattd, Mayor
Town of Leesburg
AT ' S :
Clerk of Co 'l
P:\Resolutions\2013\0723 Battlefield Pkwy-Rte 15 to Dulles Greenway-Land Acquisition Auth.doc