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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 2 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