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Home My Public Portal About2013_11_26_R141 Authorizing Settlement of TOL v American Red Cross The Town of Leesburg, Virginia PRESENTED November 26, 2013 RESOLUTION NO. 2013-141 ADOPTED November 26, 2013 A RESOLUTION: AUTHORIZING THE SETTLEMENT OF THE CONDEMNATION ACTION OF TOWN COUNCIL OF TOWN OF LEESBURG V. AMERICAN NATIONAL RED CROSS WHEREAS, as part of the Sycolin Road Widening Phase II Project ("Project"), the Town needed to acquire land rights from American National Red Cross ("landowner")to make public • street improvements and 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(Case No. 76748); and WHEREAS, after extensive negotiation occurred between the town and the landowner, the parties agreed upon the amount of just compensation for the land rights necessary to be acquired for the Project; and WHEREAS, it is the opinion of the Town Attorney after consultation with staff and the expert 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. American National Red Cross consistent with the terms in the Agreement; and to take any and all necessary steps to end the litigation and dismiss the -2- A RESOLUTION: AUTHORIZING THE SETTLEMENT OF THE CONDEMNATION ACTION OF TOWN COUNCIL OF TOWN OF LEESBURG V. AMERICAN NATIONAL RED CROSS pending action. Further, the Town Council authorizes the necessary appropriation from the Sycolin Road Widening Phase II Project in Fiscal Year 2013 to Project# 07313 in Fiscal Year 2014 to cover the costs of the settlement. PASSED this 26th day of November,2013. . U stand, Mayor Town of Leesburg ATTEST: 14,r Clerk of C•u P:\Resolutions\2013\1126 Authorizing Settlement of TOL v American National Red Cross.doc