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HomeMy Public PortalAbout2014_06_10_R067 Easements for Reclaimed Water Line serving Green Energy Partners The Town of Leesburg, Va a o irginia PRESENTED June 10, 2014 RESOLUTION NO. 2014-067 ADOPTED June 10, 2014 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR THE RECLAIMED WATER LINE (PURPLE LINE) SERVING GREEN ENERGY PARTNERS WHEREAS,the Council of the Town of Leesburg finds and determines that it is necessary for the construction of a reclaimed water line adjacent to and through real properties further set forth below, and for all other purposes incidental thereto, to acquire permanent and temporary easements from the below listed properties; and WHEREAS,the Council further finds and determines that a public necessity and use exist to improve safety,health and welfare of the public for the acquisition of the permanent and temporary easements for such aforesaid public uses and purposes; and WHEREAS,the Town of Leesburg is empowered by Virginia Code Sections 15.2-1800 through 15.2-1814, 15.2-1901 through 15.2-1907, and 33.1-96 to acquire by purchase or eminent domain private property for the purpose of carrying out its powers and duties; and WHEREAS,the Town of Leesburg in Virginia desires to acquire by purchase or eminent domain certain permanent and temporary easements over real property further set forth below located in the Town of Leesburg and Loudoun County,Virginia and certifies that the acquisition has been reviewed for purposes of complying with Section 1-219-1, Code of Virginia, as amended; and WHEREAS,the Council wishes to authorize the Town Manager, Town Attorney, Director of Capital Projects, and their outside counsel to proceed with the acquisition of the permanent and temporary easements; and WHEREAS,these easements are shown on the Overall Easement Exhibit Plat—Green - 2 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR THE RECLAIMED WATER LINE (PURPLE LINE) SERVING GREEN ENERGY PARTNERS Energy Partners/ Stonewall dated January 8, 2014,prepared by Gordon- Engineers/Landscape Architects/Planners/ Surveys/ Security Professionals of Chantilly, Virginia; and WHEREAS, the property identification number for the real properties necessary for the acquisition of the permanent and temporary easements are listed below: Property Identification Number(PIN) 191-16-9866-000 152-36-1675-000 151-16-0598-000 151-36-2959-000 151-37-7403-000 151-36-5081-000 151-36-6971-000 151-47-3887-000 151-17-7049-000 150-27-1504-000 150-27-2717-000 150-29-4390-000 & 001 150-27-0553-000 150-37-3770-000 150-36-9787-000 150-37-2312-000 150-46-5420-000 149-17-6547-001 & 002 149-36-6547-000 THEREFORE, RESOLVED,by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council of Leesburg, VA hereby finds and determines that a public necessity and use exists to acquire the necessary land rights for the construction and operation of the reclaimed water line serving Green Energy Partners adjacent to and through real properties listed above. SECTION II. That the Town Manager, Town Attorney, Director of Capital Projects, and - 3 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR THE RECLAIMED WATER LINE (PURPLE LINE) SERVING GREEN ENERGY PARTNERS their outside counsel be, and hereby are, authorized and directed to negotiate with and execute on behalf of the Town deeds to acquire the necessary permanent and temporary easements over the land aforesaid from the property owners, their successors and assigns, in the location deemed appropriate by the Department of Capital Projects, at a price reasonably related in their judgment to the fair market value of the permanent and temporary easements, and on such terms and conditions as they deem advantageous to the Town, in a form approvable by the Town Attorney. SECTION III. That funding for the purchase price by agreement and the expenditure of such funds for the said permanent and temporary easements and all other acquisition costs, be, and hereby is, authorized and approved. SECTION IV. That the Town Manager, Town Attorney, Director of Capital Projects, and their outside counsel be, and hereby are, authorized and directed to take such additional actions as may be necessary or convenient to accomplish the acquisition of the permanent and temporary easements as required by this resolution. SECTION V. That the Clerk of Council be, and hereby is, authorized and directed to affix the seal of the Town to such documents as may be necessary or convenient to accomplish the acquisition of the permanent and temporary easements as required by this resolution. PASSED this 10th day of June, 2014. Knsten C. mstattd, Mayor Town of Leesburg AT/AS . V ki;4,. Clerk of Co P:\Resolutions\2014 :. 0 Reclaimed Water Line Serving Green Energy Partners-Land Acquisition Authorization.doc