HomeMy Public PortalAbout2016_12-13_R167 Temporary Easement Stratford Pond ProjectThe Town of
Leesburg,
Virginia
PRESENTED December 13.2016
RESOLUTION NO. 2016-R167 ADOPTED December 13. 2016
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE A TEMPORARY EASEMENT
FOR THE CHESAPEAKE BAY TMDL — STRATFORD POND PROJECT
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary
for the re -construction of a storm drainage restoration and retrofit project adjacent to and through
real properties further set forth below, and for all other purposes incidental thereto, to acquire a
temporary easement 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 temporary easement 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 in Virginia desires to acquire by dedication, purchase or
eminent domain a certain temporary easement 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 Public Works and Capital Projects, and their outside counsel to proceed with the acquisition of
the temporary easement; and
WHEREAS, the temporary easement is shown on the construction plans titled "Chesapeake
Bay TMDL Project, Phase 2, Stratford Dry Pond Retrofit", prepared by Amec, Foster, Wheeler
A RESOLUTION:
-2-
DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE A TEMPORARY EASEMENT
FOR THE CHESAPEAKE BAY TMDL — STRATFORD POND PROJECT
Environment & Infrastructure; of Chantilly, Virginia: and
WHEREAS, the property identification number for the real property necessary for the
acquisition of the temporary easement is listed below:
Property Identification Number (PIN)
232-10-6765-000
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
Chesapeake Bay TMDL Project, Stratford Dry Pond Retrofit project adjacent to and through the real
property listed above.
SECTION II. That the Town Manager, Town Attorney, Director 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 or agreement to acquire the necessary temporary easement
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 temporary easement, 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 temporary easement and all other acquisition costs, be, and hereby is,
authorized and approved.
A RESOLUTION:
-3-
DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS,
AUTHORIZING AN OFFER TO ACQUIRE A TEMPORARY EASEMENT
FOR THE CHESAPEAKE BAY TMDL — STRATFORD POND PROJECT
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 the temporary
easement 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 temporary easement as required by this resolution.
PASSED the 13th day of December. 2016.
ATTE&f:
&, 211 &eL
Clerk of Council Pro Tem
David S. Butler, Mayor
Town of Leesburg