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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 -2- 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