HomeMy Public PortalAbout2015_10_27_R129 Easements for Battlefield Pkwy Rt 15 to Greenway The Town of
Leesburg, PRESENTED October 27, 2015
Virginia
RESOLUTION NO. 2015- 129 ADOPTED October 27, 2015
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATION AND EASEMENTS FROM PIN 233-16-1536-000 FOR
THE BATTLEFIELD PARKWAY - ROUTE 15 TO DULLES
GREENWAY 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 Battlefield Parkway - Route 15 to Dulles Greenway project
adjacent to and through real property further set forth below, and for all other purposes incidental
thereto,to acquire right of way dedication, and 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 right of way
dedication and 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 a certain right of way dedication, and 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 Public Works and Capital Projects, and their outside counsel to proceed with the
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATION AND EASEMENTS FROM PIN 233-16-1536-000 FOR
THE BATTLEFIELD PARKWAY - ROUTE 15 TO DULLES
GREENWAY PROJECT AND TO AUTHORIZE CONDEMNATION
acquisition of the right of way dedication, and permanent and temporary easements; and
WHEREAS, the right of way dedication, and permanent and temporary easements are
shown on the construction plans titled`Battlefield Parkway Phase III, South King Street to
Dulles Greenway", prepared by Rinker Design Associates, P.C., of Manassas, 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 right of way dedication, and permanent and temporary easements, and fair market
value of the right of way dedication, and permanent and temporary easements are listed below:
Property Identification
Number(PIN) Land Rights Required Offer
1,506 sq. ft. right of way public street dedication $ 4,300.00
233-16-1536-000 9,022 sq. ft. temporary construction easement $ 5,200.00
5,326 sq. ft. perm. Dominion& Verizon utility esmt. $ 4,600.00
Landscaping and other improvements $ 10,250.00
$ 24,350.00
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
Battlefield Parkway - Route 15 to Dulles Greenway project adjacent to and through the real
property listed above.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATION AND EASEMENTS FROM PIN 233-16-1536-000 FOR
THE BATTLEFIELD PARKWAY- ROUTE 15 TO DULLES
GREENWAY PROJECT AND TO AUTHORIZE CONDEMNATION
SECTION II. That the Town Manager, Town Attorney, Director of Public Works and
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 right of way
dedication, and permanent and temporary easements over the land aforesaid from the property
owner,their successors and assigns, in the location deemed appropriate by the Department of
Public Works and Capital Projects, at a price reasonably related in their judgment to the fair
market value of the right of way dedication, and 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 Public
Works and 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 right of way dedication, and 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 right of way dedication, and permanent and temporary
easements and all other acquisition costs, including, if necessary litigation costs, be, and hereby
is, authorized and approved.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE RIGHT OF WAY
DEDICATION AND EASEMENTS FROM PIN 233-16-1536-000 FOR
THE BATTLEFIELD PARKWAY - ROUTE 15 TO DULLES
GREENWAY PROJECT AND TO AUTHORIZE CONDEMNATION
SECTION V. That the Town Manager, Town Attorney, Director of Public Works and
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
right of way dedication, and permanent and temporary 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 right of way dedication, and permanent and temporary easements as
required by this resolution.
PASSED this 27th day of October, 2015.
, 01AVIFIS
Kristen C. Umstattd, Mayor
Town of Leesburg
Thrak. ►
Clerk of Co
P:\Resolutions\2015\1027 Battlefield Parkway Route 15 to Dulles Greenway project Condemnation Authorzation-one landowner.doc