HomeMy Public PortalAbout1938_12_12 - 88 '
V
December 12 , 1938
At a regular meeting of the Mayor and Town Council of the
Town of Leesburg ; in Virginia held. in the Council Chamber on Monday
December 12 , 1938 , at .7 :30 P. M. , there. were present ; Lucas D.
Phillips , Mayor , Louis T.. Titus , Recorder , James E. Adrain , Poy. M.
Flippo , John T. Hourihane , Louis C. Rollins , J . D. Taylor. and:
Joseph H . Turley , Councilmen. 41
•
The, minutes of a• regular meeting held on November 28th ;
and a special meeting held on November 29th , and a special meeting
held on December 2 , 1938 were read- and upon motion duly made ,
seconded and carried , were unanimou.sl, approved as read . •
Mrs. Francis L. Patton appeared before the Council to' , �, 1
ask for a permit to extend the water line ,on her property, to the
rear of said property.
Upon Motion of Councilman Turley seconded by Councilman
Taylor and unanimously carried Mrs. Patton was granted permission
to extend the aforesaid water line to the rear of her property
on the East of Leesburg Corporate limits.
On motion of Councilman Taylor seconded by Councilman
Hourihane and unantmously carried , the following Resolution was
adopted ;
WHEREAS:,. the Auditor-Treasurer has reported to the
Council the the Town has the sum of $811.51 in the Sinking
Fund ; and
•
WHEREAS , the Council ,deem it advisable and for the
best interest of the Town to transfer $200.00 from the
General Fund to the Sinking Fund and authorize the payment
of another $1 ,000.00 Water Bond :
NOW, THEREFORE , BE IT RESOLVED by the Council of the •
Town of Leesburg , in Virginia , that the Auditor-Treasurer be
. • and he is hereby authorized and directed to transfer $200.00
from the .General Fund to the Sinking Fund and call and pay
one of the $1 ,000.00 Water Bonds now outstanding , together
with accrued interest thereon , ,on or before the 20th day of
December , 1938 .
On motion of Councilman Turley , seconded by Councilman
Hourihane and unanimously carried by the following recorded vote :
FOE : James E. Adrain , Roy M. Flippo , John T. Hourihane , Louis C.
Rollins , John D. Taylor and .Joseph H. Turley : AGAINST :. NONE; the -
following kesolution was adopted ; .
WHEREAS , it has become neceasary for the town to purchase
or condem 2 .08 acres of land belonging to the heirs of the
L. G. Caviness Estate on the Southeastern side .of the town
. and also to acquire a right of way for a road from land .
. ..belonging to C ._ C. Saffer together with the right of ingress
and egress to and from said 2.08 acres of land and .also for
an easement to construct a sewer line over the land belonging
to said Caviness Estate from said Saffer ' s land to said 2:08
acres of land and a right to construct poles pver said 111 Caviness ,land ,for an electric ,line and a telephone .line ; and
WHEREAS , a deed and an agreement between the heirs of
said estate and the. Town of Leesburg , in V.irginia , have been
this day presented and read to the Council ; and
WHEREAS , the said deed conveying said 2.08 acres of land ,
to the Town of -Leesburg ,- in Virginia , reads as follows
-HIS DEED made this 12th day of December, 1938 , - between
Maude E. Caviness , Widow; John E. Caviness and Ruth A.
Caviness , his wife , and Robert L. Caviiiess and Margaret B.
Caviness , his wife , parties of the first part , and the Town
of Leesburg , in Virginia , party of the second part.
189 •
•
• WITNESSETH : That in consideration of Ten Dollars ($10.00)
and other good and valuable .consideration , the receipt whereof
-is hereby acknowledged , the -said parties of the first part -do
hereby grant and convey in fee simple with general warranty of
title unto the said party of the second part , all the following
described tract or parcel of land located in Leesburg
Magisterial District , Loudoun County , Virginia , .as shown on
that certain plat made by the Rust Engineering Company ,
' -District National Bank Building , Washimgton , D. C. , dated
November 16 , 1938 , which said plat is attached hereto and
recorded with this deed , said lands being more particularly
described by metes and bounds as follows :
From a stone set for a corner on the South line of the
Washington & Old Dtminion Railroad at a point where the lands
' of W. C. Saffer and L. G. Caviness estate join; thence South
51° 4 ' East 950 feet along the South right of way line of the
Washington & Old Dominion Railroad ; thence ' South 37° 5' West
200 feet along the Esat side of the right of way granted the
Town of Leesburg , in Virginia , by the L. - G. Caviness estate to
the place of beginning , which is a concrete monument set .in the
Northeast corner of the herein described- tract ; thence North
88° 5' West 220 feet to a concrete monument ; thence South 1°
55 ' West 400 feet to a concrete monument ; thence South 82° 5 '
East 221 feet to a concrete' monument ; thence North 1 55 ' East
422 feet to the place of beginning , containing 2 .08 acres , also
a right of way extending from the above described tract 200 feet
to the South right of- way line 'of• the Washington & Old
Dominion Railroad , the East line• of said right of way bearing
North 3705 East. The Town of Leesburg shall erect and maintain
a gate for ingress and egress to the 15 foot right of way
described herein , where the right of way of the Washington &
Old Dominion Railroad joins the herein described 15 foot right
of way .'
Said right of way shall be maintained by the Town of
Leesburg : in Virginia , and shall not be fenced .
The land hereby- conveyed is a portion of the land
conveyed to - ; by deed dated
and of record in Deed- Book , Folio in the Clerk ' s
Office of Loudoun County , Virginia , to which deed and the deeds
therein referred to reference is made.
said
And the/parties of the first part covenant that they will
warrant generally the land hereby conveyed ; that they are seised
in fee Simple thereof and have a good right to convey the same ;
that the said party of the second part shall have quiet and
peacable possession thereof•, free from all encumbrances , and that
they will execute such other and further assurances of the same
as may be requisite.
WITNESS the following signatures and seals :
( SEAL)
( SEAL)
•
( SEAL)
( SEAL )
•
( SEAL)
And , whereas , the said Agreement between' the heirs of the
said L. G. Caviness Estate and the said Town conveying said
, easements to said town reads as follows :
190
THIS AGREEMENT made this ,l2th day of December , 1938 , ..
between Maude E. Caviness , widow; John E. Caviness and Ruth
A. Caviness , his wife , and Robert L. Qaviness and Margaret- B.
Caviness , his wife , •parties -of the first part , and the Town
-of Leesburg , Virginia , party of the second- pars. -
WHEREAS , the party;,,of the second part is desirous of
entering upon the land of the parties of the first pars for •
the purpose of constructing and maintaining a sanitary sewer ,
a two-inch water line , an outfall, sewer and a telephone and
electric line : and
•
•
WHEREAS , the party of the second part in consideration of
the rights - hereby granted has agreed to indemnify and save
harmless the parties of the first part by the payment of any
reasonable damages done to said property due to the maintenance
or repair of said projects and has agreed to put the premises •
in as' good condition as existed when this grant was made.
NOW, THFEEFORE , THIS AGREEMENT WITNESSETH : That for and
in consideration of the premises , and the further consideration
of Five Dollars ($5.00) , cash in hand paid , the receipt whereof
is hereby acknowledged , the parties of the first part hereby
grant unto the party of the second part the right to enter
upon the land owned by them , to lay out , construct and maintain
the projects hereinbefore named as shown on a plat which is
made a part of this agreement and is recorded simultaneously
herewith in Deed Book ; ,:Page , in the Clerk ' s Office
of Loudoun County , Virginia, and more fully described as- follows ;
The sewer shall be laid not less than 5' under the
existing ground surface on a straight line between the points
hereinafter mentioned and on regular grade.
Beginning on the line between W. C. Saffer and the L. G.
Caviness Estate at a point 50' from the Northwest corner of
the said .Caviness Estate-, thence S. 55° 55 ' E. 900' to a -point
. in the North line of the 2 .08 acre-tract conveyed by the said
Caviness Estate to the Town of Leesburg , in Virginia , - said •
piont in the North line of the 2 .08 acre tract being 145.-' from
the Northeast corner of the. said tract.
Also , the right to construct and maintain a 2" water line
parallel to and 5' from the abobe described sewer , said water
line to have not less than 3 ' bury.
Also , the right to construct and maintain an outfall
sewer from a point in the Esat line of the 2.08 acre tract
conveyed to the Town of Leesburg , in Virginia , by the L. -G.
Caviness Estate , to the junction of Town Branch and Tuscarora
Creek.
Said Sewer outfall shall not be less than 3 ' beneath the '
existing ground surface.
Also , the right to construct and maintain a telephone
and electric line along and on the Northern line of the L. G.
Caviness estate at the South right of way line of the Washington
& Old Dominion Railroad for a distance of 950 ' feet , said line
beginning at a -stone set for a corner on the South line of the
Washington & Old Dominion Railroad at a point where the lands
of W. C. Saffer and L. G. Caviness estate join; thence South
510
4 ' East 950 seet along the said boundry line , thence along
and on the right of way heretofore conveyed by said parties of
the first part to the party of the second part to the 2 .08 tract
of land now owned by party of the second part. -
Upon completion- of the sewers , water line , outfall sewer ,
telephone and electric line over the land of the parties of
the first part , the trench shall be backfilled , all excess
earth and materials removed , and the premises put in as good
condition as exosted when this grant was made .
191
•
Further , the right is granted the Town of Leesburg , in
Virginia , to enter upon said land at any time after the said
projects are completed , forrthe purpose of inspecting ; main-
tenance or repair , it being understood that the said Town will
save harmless the parties of the - first part ; and will pay any
reasonable damage done to said property , due to such maintenance
or repair.
WITNESS the following_si.gnatures and seals .
(SEAL)
- - ( SEAL
• ( SEAL
•
( SEAL)
• ( SEAL)
•
THE TOWN OF • LEESBURG- IN VIRGINIA
•
BY : ( SEAL)
NOW, THEREFORE , be it resolved by the Council thf the Town
of Leesburg , in Virginia , that the said deed and contract be
and they are hereby approved , and Lucas D. Phillips , Mayor , be
and he is hereby authorized, instructed and directed to : sign
the original and. one copy of said contract in the name of and
for said Town; and 'Pascoe B. Rhoads , Auditor-Treasurer , be and
he is hereby authorized , instructed and directed to draw and
sign .a chebk for $1 ,000.00 which shall be in full payment for
said land , easements and right of way , against the account of
the Town If the Loudoun National Bank of Leesburg , Virginia , in
the name of the Town of Leesburg , Virginia , "Construction Fund , "
which check shall be payable to the order of.Maude E. Caviness ,
John E. Caviness and Robert L. Caviness and countersigned by
Lucas D. Phillips , Mayor , and delivered to one of the payees .of
-said check simultaneously aith the delivery of said deed and
contract , after they have been properly executed , to the said
. Town . .
•
BE IT FUETFPP RESOLVED , by the Council of the said Town ,
that Louis T . Titus , Recorder , be and he is hereby authorized
and instryicted to give the cashiers of said bank a certified
• - copy of this Resolution. •
The Auditor-Treasurer read his monthly statement for the month
of November .
On- motion of Councilman Hourihane , seconded by Councilman
Rollins and unanimously 'carried , the following Resolution was adopted ;
. BE IT RESOLVED , by the Council of the Town of Leesburg , in
Virginia , that the Auditor-Treasurer be and he is hereby
authorized , inatructed and directed to pay the following bills ;
Virginia Public Service Company
(Mayors Office & Fire House) $ 9 .23
(General Pumping )
1161:48
(Harrison Pumping) 15.12
( Street Lighting) 119 :62
(White Way Lighting) - - - - - 89. 50
Staddard Oil Company of N. J. - - - - - - - 7 .38
Virginia Stationery Company 90.40
The Bond Buyer 21 .00
Loudoun News Inc . 4.00
Loudoun Times Publishing Co. 22.10
W. S. Darley '& Company 17.20
H. & H. Chevrolet Sales 5. 75
Frye Motor Company :10.60
• Chancellor Garage 19.80-
The Hub 31.00
192
- Gills Radio & Electric Service - $ 1 .05
G. I. Newton • 3. 25
J. S. Whitmore 21 :11
Noland Cpmpany Inc. 31;95
J. T . Hirst - - - 10.15
Leesburg Lime & Fuel Corporation 9 .83
Neptune Meter Company '855.00
Robinson Clay Products Company . 190.10
Ford Meter Box Company 480.00
W. S. Darley- - 11.86
McDonald & Jenkins 1.00
Total x $2 ,239 .48
On motion of Councilman Hourihane , seconded by Councilman
Flippo and unanimously carried the following Resolution was adopted ;
BE IT RESOLVED , by the Council of the Town of Leesburg ,
in Virginia , that the next regular meeting due to he held on
Monday December 26 , 1938 be d apehsedawith &duehto said date
being a holliday .
There being no further business , on motion duly made ;
seconded and carried , the Council adjourned.
•
APPROVED : ' "' . -RECORDER
•
M .OR
•
January 9 , 1939
•
At a regular meeting of the: Mayor and Town Council of the
Town of Leesburg , in Virginia , held in the Council Chamber on
Monday , January 9 , 1939 at 7 :30 - P. M. there were present , Lucas D.
Phillips , Mayor ; Louis T . Titus , Recorder ; J . E. Adrain, Roy M.
Flippo , John T. Hourihane , L. C. Rollins , J . D. Taylor and Joseph
E. Turley , Councilmen.
The minutes of the last regular meeting were read and upon
motion duly made , seconded end carried , were apprevedas read.
The Auditor-Treasurer read his monthly statement for the
month of December 1938 .
The Auditor-Treasurer read his quarterly statement for the
quarter ending December 31 , 1938 and upon motion of Councilman
Flippo , seconded by Councilman Taylor and unanimously carried ,
• the following Resolution was adopted ;
WHEREAS , the Auditor-Treasurer has this day presented to
the Council of the town of Leesburg , in Virginia , a quarterly
statement of all receipts and an analysis of all disbursements for
the months of , October , November and December , 1938 :
NOW, THEREFORE, BE IT RESODVED; by the Council of the
town of Leesburg , in Virginia that the said quarterly report of
the Auditor-Treasurer., be and the same is hereby unanimously
approved .and accepted by- the said Council .
BE IT FURTHER RESOLVED, by the said Council that the
Auditor'-Treasurer be and he is -hereby authorized and directed to
have a copy of the said Quarterly report published once in a
newspaper , published in said town and also post a copy of.the
said quarterly report in front of the courthouse in the said town.