HomeMy Public PortalAbout2013_08_13_R100 Authorizing Settlement re Leesburg v. Sycolin Rd Industrial Condo, Inc. The Town of
Leesburg,
Virginia PRESENTED August 13, 2013
RESOLUTION NO. 2013-100 ADOPTED August 13, 2013
A RESOLUTION: AUTHORIZING THE SETTLEMENT OF THE CONDEMNATION
ACTION OF TOWN COUNCIL OF TOWN OF LEESBURG V. SYCOLIN
ROAD INDUSTRIAL CONDOMINIUM, INC.
WHEREAS, as part of the Turner Harwood Drainage Improvement Project ("Project"), the
Town needed to acquire land rights from Sycolin Road Industrial Condominium, Inc. ("landowner")
to construct storm drainage improvement facilities through and across the property; and
WHEREAS,the landowner and the town could not agree upon the value of the necessary
land rights to be acquired and therefore the town filed a Certificate of Take and Petition in
Condemnation in the Loudoun County Circuit Court; and
WHEREAS, after a trial date was scheduled by the court and preparation for this litigation
occurred,the landowner and town agreed upon the amount of just compensation for the land rights
necessary for the Project; and
WHEREAS, it is the opinion of the Town Attorney and Outside Counsel after consultation
with staff and the experts retained in this matter that the settlement amount is a fair and reasonable
amount to compensate the landowner for the necessary land rights and has so advised the town
council.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the
Town Council authorizes the Town Manager to execute the Settlement Agreement in a form
approved by the Town Attorney; for the Town Attorney to settle the condemnation action of Town
Council of the Town of Leesburg, Virginia v. Sycolin Road Industrial Condominium Association,
Inc. consistent with the terms in the Agreement; and to take any and all necessary steps to end the
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A RESOLUTION: AUTHORIZING THE SETTLEMENT OF THE CONDEMNATION
ACTION OF TOWN COUNCIL OF TOWN OF LEESBURG V. SYCOLIN
ROAD INDUSTRIAL CONDOMINIUM, INC.
litigation and dismiss the pending action.
PASSED this 13th day of August,2013.
-n C. mstattd, Mayor
Town of Leesburg
ATTEST:
Clerk of Coun it
P:\Resolutions\2013\0813 Authorizing Settlement of TOL v Sycolin Industrial Condo Assoc.doc