HomeMy Public PortalAbout2016_04_26_R059 Easements for Tuscarora Creek Flood Mitigation and Stream Restoration The Town of
Leesburg,
Virginia
PRESENTED April 26, 2016
RESOLUTION NO.: 2016-059 ADOPTED April 26, 2016
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE TUSCARORA CREEK FLOOD
MITIGATION AND STREAM RESTORATION PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the construction of a storm drainage flood mitigation and stream restoration project on
Tuscarora Creek near Shenandoah Street, SE, 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 the 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, and 15.2-1901 through 15.2-1907 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 desires to acquire by dedication, purchase or eminent
domain certain permanent and temporary easements over real property further set forth below
located within the Town of Leesburg, and certifies that the acquisition has been reviewed for
purposes of complying with Virginia Code Section 1-219-1; 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 acquisition of
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE TUSCARORA CREEK FLOOD
MITIGATION AND STREAM RESTORATION PROJECT
the permanent and temporary easements; and
WHEREAS, the permanent and temporary easements are shown on the construction plans
titled "Tuscarora Creek Flood Mitigation", prepared by Amec, Foster, Wheeler Environment&
Infrastructure, of Chantilly, 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)
232-37-7166-000 232-48-4311-000
232-39-2783-000 232-48-9035-000
232-49-6723-000 232-49-5741-000
232-49-2041-000 232-49-3667-000
232-49-7075-000 232-49-9782-000
232-40-5759-000 232-40-1970-000
232-40-3897-000 232-40-4981-000
232-40-1493-000 232-49-9436-000
232-49-8020-000 232-49-7313-000
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 exist to acquire the necessary land rights for the construction of the
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE TUSCARORA CREEK FLOOD
MITIGATION AND STREAM RESTORATION PROJECT
Tuscarora Creek Flood Mitigation and Stream Restoration project adjacent to and through the 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 permanent and temporary
easements over the aforesaid land 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 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 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 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 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.
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND
TEMPORARY EASEMENTS FOR THE TUSCARORA CREEK FLOOD
MITIGATION AND STREAM RESTORATION PROJECT
PASSED this 26th day of April, 2016.
David S. Butler, Mayor
Town of Leesburg
ATT T:
Clerk of Co u c