HomeMy Public PortalAbout2014_07_22_R078 Easements for Browns Meadow Drainage Imprv Proj The Town of
Leesburg, PRESENTED July 22, 2014
Virginia
SOLUTION NO. 2014-078 ADOPTED July 22, 2014
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS FOR THE BROWNS MEADOW
DRAINAGE IMPROVEMENTS PROJECT
WHEREAS,the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a storm drainage improvement project 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 private property for the
purpose of carrying out its powers and duties; and
WHEREAS,the Town of Leesburg in Virginia desires to acquire by dedication, with
payment of certain incidental costs, certain permanent and temporary easements over real property
further set forth below located in the Town of Leesburg 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,the permanent and temporary easements are shown on the preliminary design
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS FOR THE BROWNS MEADOW
DRAINAGE IMPROVEMENTS PROJECT
plans titled"Browns Meadow Drainage Improvements",prepared by Paciulli, Simmons&
Associates, of Leesburg, 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)
231-30-6692-000 231-40-5903-000
231-40-7108-000 231-40-8211-000
231-40-8101-000 231-30-7891-000
231-40-6722-000 231-40-7423-000
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Council of Leesburg, Virginia hereby finds and determines that a
public necessity and use exists to acquire the necessary land rights for the construction of the
Browns Meadow Drainage Improvements project adjacent to and through real properties listed
above.
SECTION II. That the Town Manager, Town Attorney, Director of Capital Projects, and
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 Office of Capital Projects, by dedication, with payment of certain incidental costs,the
permanent and temporary easements, and on such terms and conditions as they deem advantageous
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS FOR THE BROWNS MEADOW
DRAINAGE IMPROVEMENTS PROJECT
to the Town, in a form approvable by the Town Attorney.
SECTION III. That funding for the dedication of the easements by agreement and the
expenditure of such funds for certain incidental costs 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 22nd day of July.,2014.
Kristen C. Umstattd, Mayor
Town of Leesburg
ATTE. :
I /
Clerk of Councib
P:\Resolutions\2014\0722 Browns Meadows Woodberry Drainage Impry Easement Acquisition.doc