Loading...
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.