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HomeMy Public PortalAbout2016_01_12_R002 Easements for Sycolin Rd Widening Phase IV The Town of Leesburg, Virginia PRESENTED January 12, 2016 RESOLUTION NO. 2016-002 ADOPTED January 12, 2016 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHT-OF-WAY DEDICATIONS AND EASEMENTS FOR THE SYCOLIN ROAD WIDENING PHASE IV PROJECT WHEREAS,the Council of the Town of Leesburg finds and determines that it is necessary for the construction of a street improvement project adjacent to and through real properties further set forth below, and for all other purposes incidental thereto,to acquire right-of-way dedications, and permanent and temporary easements from the below listed properties; and WHEREAS,the Council further finds and determines that a public necessity and use exists to improve safety, health and welfare of the public for the acquisition of the right-of-way dedications, and permanent and temporary easements for such aforesaid public uses and purposes; and WHEREAS,the Town of Leesburg is empowered by Sections 15.2-1800 through 15.2- 1814, 15.2-1901 through 15.2-1907, and 33.2-1014, of the Code of Virginia, as amended,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 right-of-way dedications, and permanent and temporary easements over real property further set forth below located in the Town of Leesburg and Loudoun County, and certifies that the acquisition has been reviewed for purposes of complying with Section 1-219.1, of the Code of Virginia, as amended; and - 2 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHT-OF-WAY DEDICATIONS AND EASEMENTS FOR THE SYCOLIN ROAD WIDENING PHASE IV PROJECT 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 acquisition of the right-of-way dedications, and permanent and temporary easements; and WHEREAS,the right-of-way dedications, and permanent and temporary easements are shown on the construction plans titled"Sycolin Road Widening Phase IV, from South Corporate Limits to South of Tolbert",prepared by Rinker Design Associates, P.C., of Manassas,Virginia; and WHEREAS,the property identification number for the real properties necessary for the acquisition of the right-of-way dedications, and permanent and temporary easements are listed below: Property Identification Number(PIN) 192-45-4034-000 191-15-6758-000 191-15-5791-000 234-20-5774-000 191-25-3486-000 191-16-9866-000 191-25-9906-000 191-25-9851-000 191-35-9810-000 191-36-1377-000 191-35-5979-000 191-45-5227-000 191-46-0526-000 191-46-1875-000 190-15-5301-000 190-15-8432-000 191-16-1128-000 - 3 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHT-OF-WAY DEDICATIONS AND EASEMENTS FOR THE SYCOLIN ROAD WIDENING PHASE IV PROJECT 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 Sycolin Road Widening Phase IV project adjacent to and through real properties listed above. 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 deeds to acquire the necessary right-of-way dedications, and 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 Public Works and Capital Projects, at a price reasonably related in their judgment to the fair market value of the right-of-way dedications, 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 funding for the purchase price by agreement and the expenditure of such funds for the said the right-of-way dedications, and 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 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 dedications, and permanent and temporary easements as required by this resolution. - 4 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE RIGHT-OF-WAY DEDICATIONS AND EASEMENTS FOR THE SYCOLIN ROAD WIDENING PHASE IV PROJECT 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 right-of-way dedications, and permanent and temporary easements as required by this resolution. PASSED this 12th day of January,2016. Ke y dr, Vice Mayor Town of Leesburg i\TTEST ,. Clerk of Co ciI\ P:\Resolutions\2016\0112 Easements for Sycolin Rd Widening Ph IV.doc