HomeMy Public PortalAbout2014_11_24_R122 Easement Auth for Lower Sycolin Sewage Conveyance Sys Ph II The Town of
Leesburg,
Virginia
PRESENTED November 24, 2014
RESOLUTION NO. 2014-122 ADOPTED November 24, 2014
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE LOWER SYCOLIN SEWAGE
CONVEYANCE SYSTEM PHASE II PROJECT.
WHEREAS,the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a sanitary sewer line adjacent to and through the 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 Loudoun County 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE LOWER SYCOLIN SEWAGE
CONVEYANCE SYSTEM PHASE II PROJECT.
WHEREAS, these easements are shown on the construction plans titled"Lower Sycolin
Sewage Conveyance System, Sycolin Branch Sewer", prepared by Dewberry&Davis, LLC, of
Fairfax, 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)
193-45-8020-000
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
Lower Sycolin Sewage Conveyance System Phase II project adjacent to and through the real
property 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, 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
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE LOWER SYCOLIN SEWAGE
CONVEYANCE SYSTEM PHASE II PROJECT.
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 24th day of November, 2014.
A:V. - -44.-
Kristen C. Umstattd, Mayor
Town of Leesburg
T A
V
Clerk of Coufi•it
P:\Resolutions\2014\1124 Lower Sycolin Sewage Conveyance System Land Acquisition Auth.doc