HomeMy Public PortalAbout2014_04_22_R049 Luck Stone Condemnation Settlement The Town of
Leesburg,
Virginia PRESENTED April 22, 2014
RESOLUTION NO. 2014-049 ADOPTED April 22, 2014
A RESOLUTION: AUTHORIZING THE SETTLEMENT OF THE CONDEMNATION
ACTION OF TOWN COUNCIL OF TOWN OF LEESBURG, VIRGINIA
V. LUCK STONE CORPORATION
WHEREAS, as part of the Lower Sycolin Creek Sewage Conveyance System—Sycolin
Branch Sewer Project("Project"),the Town needed to acquire land rights from Luck Stone
Corporation("landowner") in order to construct a sanitary sewer and reclaimed water lines through
and across the property owned by the landowner; 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 to acquire the land rights by eminent domain;
and
WHEREAS, subsequent to the initiation of eminent domain proceedings,the landowner,
who is represented by counsel, and the 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 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 the landowner is in agreement with the
settlement amount.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the
Town Manager is authorized to execute a Settlement Agreement in a form approved by the Town
Attorney; for the Town Attorney to settle and dismiss the condemnation action of Town Council of
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A RESOLUTION: AUTHORIZING THE SETTLEMENT OF THE CONDEMNATION
ACTION OF TOWN COUNCIL OF TOWN OF LEESBURG, VIRGINIA
V. LUCK STONE CORPORATION
the Town of Leesburg, Virginia v. Luck Stone Corporation consistent with the terms in the
Agreement; and for the Town Attorney to take any and all necessary steps to end the litigation.
PASSED this 22nd day of April,2014.
41 ' C. mstattd, Mayor
Town of Leesburg
ATTEST:
.41 1
Clerk of Co tr
P:\Resolutions\2014\0422 Luck Stone Easement Settlement Agreement.doc