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Home My Public Portal About2021_02_23_R038 Morven Park Road Sidewalk Improvements Project – Acquisition of Right of Way Dedications and Easements The Town of Leesburg, Virginia PRESENTED: February 23, 2021 RESOLUTION NO. 2021-038 ADOPTED: February 23, 2021 A RESOLUTION: AUTHORIZING THE ACQUISITION OF RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR THE MORVEN PARK ROAD SIDEWALK IMPROVEMENTS 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 easements from the below-listed properties; and WHEREAS,the Council further finds and determines that public necessity and use exist to improve safety, health and welfare of the public for the acquisition of the right of way dedications and easements necessary for the construction of the Morven Park Road Sidewalk Improvements project("Project") adjacent to and through the real properties,listed in the table below; 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 33.2-1014 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 purchase or eminent domain certain right of way dedications and easements 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 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 the right of way dedications and easements for this Project; and -2- A RESOLUTION: AUTHORIZING THE ACQUISITION OF RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR THE MORVEN PARK ROAD SIDEWALK IMPROVEMENTS PROJECT WHEREAS, the property identification number for the real properties necessary for the acquisition of the right of way dedications and easements for this Project are listed below. Property Identification Number(PIN) 231-45-7191-000 230-15-8017-000 230-15-8330-000 230-15-8549-000 230-16-1059-000 230-16-1972-000 230-16-0292-000 230-26-2902-000 230-26-1130-000 230-26-1241-000 230-26-1450-000 230-15-4779-000 230-15-5191-000 230-15-7093-000 230-25-7501-000 230-25-7808-000 230-25-8620-000 230-25-7429-000 230-25-9434-000 230-25-9543-000 230-25-9753-000 230-26-1765-000 230-26-2078-000 230-26-2496-000 230-36-2907-000 230-26-0470-000 230-26-0681-000 230-26-0789-000 230-35-9331-000 THEREFORE, RESOLVED, the Council of the Town of Leesburg in Virginia as follows: 1. Hereby finds and determines that a public necessity and use exists to acquire the necessary land rights for the construction of the Morven Park Road Sidewalk Improvements project ("Project") adjacent to and through real properties identified -3- A RESOLUTION: AUTHORIZING THE ACQUISITION OF RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR THE MORVEN PARK ROAD SIDEWALK IMPROVEMENTS PROJECT 231-45-7191-000, 230-15-8017-000, 230-15-8330-000, 230-15-8549-000, 230-16-1059- 000, 230-16-1972-000, 230-16-0292-000, 230-26-2902-000, 230-26-1130-000, 230-26- 1241-000, 230-26-1450-000, 230-15-4779-000, 230-15-5191-000, 230-15-7093-000, 230-25-7501-000, 230-25-7808-000, 230-25-8620-000, 230-25-7429-000, 230-25-9434- 000, 230-25-9543-000, 230-25-9753-000, 230-26-1765-000, 230-26-2078-000, 230-26- 2496-000, 230-36-2907-000, 230-26-0470-000, 230-26-0681-000, 230-26-0789-000 and 230-35-9331-000, and as listed above. 2. Authorizes and directs the Town Manager,Town Attorney,Director of Public Works and Capital Projects,and their outside counsel to negotiate with and execute on behalf of the Town deeds to acquire the necessary right of way dedications and 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 easements, and on such terms and conditions as they deem advantageous to the Town, in a form approvable by the Town Attorney. 3. Authorizes and approves the funding for the purchase price by agreement and the expenditure of such funds for the right of way dedications and easements necessary to complete the Project, as well as all other acquisition costs. 4. Authorizes and directs the Town Manager,Town Attorney,Director of Public Works and Capital Projects, and their outside counsel to take such additional actions as may -4- A RESOLUTION: AUTHORIZING THE ACQUISITION OF RIGHT OF WAY DEDICATIONS AND EASEMENTS FOR THE MORVEN PARK ROAD SIDEWALK IMPROVEMENTS PROJECT be necessary or convenient to accomplish the acquisition of the right of way dedications and easements as required by this Resolution. 5. Directs the Clerk of Council 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 easements as required by this Resolution. PASSED this 23'day of February, 2021. Kelly B k, or Town of Leesburg ATTEST: Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions\2021\0223 Morven Park Road Sidewalk Improvements Project—Acquisition of Right of Way Dedications and Easements