HomeMy Public PortalAbout2014_11_10_R116 S. King Street Widening Ph II Easement Condemnation Authorization The Town of
Leesburg, PRESENTED November 10, 2014
Virginia
RESOLUTION NO. 2014-116 ADOPTED November 10, 2014
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FROM PIN 273-17-5133-000 FOR THE
ROUTE 15 (SOUTH KING STREET) WIDENING PHASE II PROJECT
AND TO AUTHORIZE CONDEMNATION
WHEREAS,the Council of the Town of Leesburg finds and determines that it is
necessary for the construction of the Route 15 (South King Street) Widening Phase II project
adjacent to and through real property further set forth below, and for all other purposes incidental
thereto,to acquire permanent and temporary easements from the below listed property; 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 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
- 2-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FROM PIN 273-17-5133-000 FOR THE
ROUTE 15 (SOUTH KING STREET) WIDENING PHASE II PROJECT
AND TO AUTHORIZE CONDEMNATION
WHEREAS,the permanent and temporary easements are shown on the construction plans
titled" South King Street Phase II Street Widening", prepared by Paciulli Simmons&
Associates, of Leesburg, Virginia; and
WHEREAS, a public hearing pursuant to advertisement of notice was held on this matter,
as required by law; and
WHEREAS,the property identification number, individual square footage of the
necessary permanent and temporary easements, and fair market value of the permanent and
temporary easements are listed below:
Property Identification
Number(PIN) Land Rights Required Offer
4,907 sq. ft. permanent storm drainage easement $ 4,465.50
273-17-5133-000 1,685 sq. ft. temp. construction and grading easement $ 876.50
Landscaping and other improvements $ 6,875.00
$ 12,217.00
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
Route 15 (South King Street) Widening Phase II project adjacent to and through the real property
listed above.
- 3 -
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FROM PIN 273-17-5133-000 FOR THE
ROUTE 15 (SOUTH KING STREET) WIDENING PHASE II PROJECT
AND TO AUTHORIZE CONDEMNATION
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 a deed 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 in the event the Town's bona fide effort to acquire the necessary land
rights from the owner is ineffectual, the Town Manager, Town Attorney, Director of Capital
Projects, and their outside counsel be, and hereby are, authorized and directed to file a Certificate
of Take pursuant to the authority and procedures set forth in Chapter 3, Title 25.1, Code of
Virginia(1950), as amended for the acquisition of the necessary land rights and to institute
appropriate condemnation proceedings in the Circuit Court of Loudoun County for the
acquisition of the said permanent and temporary easements by eminent domain proceedings.
SECTION IV. That funding for the purchase price by agreement or condemnation and
the expenditure of such funds for the said permanent and temporary easements and all other
acquisition costs, including, if necessary litigation costs, be, and hereby is, authorized and
approved.
SECTION V. 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
-4-
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FROM PIN 273-17-5133-000 FOR THE
ROUTE 15 (SOUTH KING STREET) WIDENING PHASE II PROJECT
AND TO AUTHORIZE CONDEMNATION
easements as required by this resolution.
SECTION VI. 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 November, 2014.
. Umstattd, Mayor
Town of Leesburg
ATT:°T:
4 ---
Clerk of Council
P:\Resolutions\2014\1110 South King St Widening Ph II-Condemnation Authorization.doc