HomeMy Public PortalAbout2014_06_24_R071 Settlement of Condemnation Proceedings (Engle/Delashmutt Property) The Town of
Leesburg,
Virginia PRESENTED June 24, 2014
RESOLUTION NO. 2014-071 ADOPTED June 24, 2014
A RESOLUTION: AUTHORIZING THE SETTLEMENT OF CERTIFICATE OF TAKE
RECORDED AT INSTRUMENT NO. 20130930-0079713 (PIN NO. 189-
16-0666 ENGLE/DELASHMUTT PROPERTY)
WHEREAS, as part of the Sycolin Widening Phase III Project(the "Project"),the Town
needed to acquire land rights from Ann DeLashmutt Engle and Charles B. DeLashmutt, (the
"landowner") in order to construct a public street and right of way, storm drainage facilities and
utilities 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, recorded at Instrument
No. 20130930-0079713 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 the Land
Acquisition Manager 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(the "Agreement") in a form
approved by the Town Attorney; for the Town Attorney to settle and dismiss and/or invalidate the
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A RESOLUTION: AUTHORIZING THE SETTLEMENT OF CERTIFICATE OF TAKE
RECORDED AT INSTRUMENT NO. 20130930-0079713 (PIN NO. 189-
16-0666 ENGLE/DELASHMUTT PROPERTY)
Certificate of Take consistent with the terms in the Agreement; and for the Town Attorney to take
any and all necessary steps to end the matter.
PASSED this 24th day of June.,2014.
sten C. mstattd, �ayor
Town of Leesburg
ATTEST:
,
Clerk of Counci
P:\Resolutions\2014\0624 Authorizing Settlement of TOL v Delashmutt and Engle.doc