HomeMy Public PortalAbout2014_01_28_R013 Authorizing the Settlement of TOL v Lillie Mae Lee et al The Town of
Leesburg,
Virginia PRESENTED January 28, 2014
RESOLUTION NO. 2014-013 ADOPTED January 28, 2014
A RESOLUTION: AUTHORIZING THE SETTLEMENT OF THE CONDEMNATION
ACTION OF TOWN COUNCIL OF TOWN OF LEESBURG V. LILLIE
MAE LEE ET AL
WHEREAS, as part of the Turner Harwood Drainage Improvement Project ("Project"),the
Town needed to acquire land rights from Lillie Mae Lee ("landowner") in order to construct a storm
drainage channel 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
needed 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. Lillie Mae Lee (Loudoun County Circuit Court Civil
No. 76749) consistent with the terms in the Agreement; and to take any and all necessary steps to
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A RESOLUTION: AUTHORIZING THE SETTLEMENT OF THE CONDEMNATION
ACTION OF TOWN COUNCIL OF TOWN OF LEESBURG V. LILLIE
MAE LEE ET AL
end the litigation and dismiss the pending actions.
PASSED this 28th day of January.,2014.
-T. U stattd, Mayor
Town of Leesburg
ATTFS �,•�;
Clerk of C1
P:\Resolutions\2014\0128 Authorizing Settlement of TOL v Lillie Mae Lee.doc