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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 - 2- 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 - 3 - 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