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HomeMy Public PortalAbout1939_01_26SPEC 193 • submit to the said John Grimes another written offer to pay him the . sum. of $20.00 for an easement of the right to construct , maintain and repair a sewer line through his lot from Loudoun Street. north- ward to a lot owned by him, Rhoda Ridgeway , and Eva Crouch; and to submit to the said John Grimes and Rhoda Ridgeway and Eva. Crouch a written offer to pay them the sum of $10.00 for an easement or the right to construct , maintain and repair a sewer line from the lot of land owned by the said John Grimes onnthe South side of Fayette Street.. Each of said offers shall 3ontain a stipulation requiring the town of Leesburg to pay' the owner or owners of either of said properties reasonable damage for any injury the town may do to any of said properties while inspecting , maintaining or repairing same after completion of the installation of the sewer project. The said Stilson H . Hall is hereby instructed and requested to report back to the council of the said town in regard to reports or communications received by him from the aforesaid offers , on Thursday , January 26 , 1939 , at. seven thirty o ' clock P.M. , at which 'time there will be a special meeting of the council to receive the said report. . There being no further business , on motion duly made , seconded' and carried , the Council adjourned. ��// �//J APPROVED : -, /o/m-- X ���Ah se "-/ ' ' RECORDER MAYO'. II JANUARY 26 , 1939 SPECIAL ' . At a special. meeting_ of the Mayor and Town Council of the Town of Leesburg , in Virginia held in the Council 'Chamber on Thursday , January. 26 , 1939 at 7 :30 Pt M. there were present ; LucasxD. Phillips , • Mayor ; Louis T. Titus , Recorder ; and Roy M. Flippo , John T. Hourihane , L. C. Rollins , J. D. Taylor and Joseph H. Turley , Councilmen. • The Mayor stated that the purpose of the meeting was to receive the report of the Town Attorney in regard t6 the offers he we's authorized to make in connection with the securing 'of easements for the sewer linesmthrough the properties of Edwin F. Garrett , John Grimes , Eva Crouch and Rhoda Ridgeway, and also to consider such other matters as may properly' brought .before- the Council. The written report of the Town Attorney was read and Said report stated that there had been no replies to the written offers for the purchase of easements from Edwin E. Garrett , John Grimes , Eva Crouch or Rhoda Ridgeway , for a sewer line to be constructed through their properties. The said report also stated that Payne Diggs , thro•ugh. his attorney , Mr. Kenneth Cromer , has demanded IIpayment in the amount 'of not less than $80,00 for the easement through the property from Market Street to the Edds property between Liberty and Ayre Streets. On motion of- Councilman Flippo, seconded by Councilman Turley and unanimously. carried the following Resolution was .adopted by the following recorded vote"; FOR Roy M. Flippo, John T. Hourihane; L. C. Rollins , J. D. Taylor and Joseph H. Turley . AGAINST : • NONE. '196 4 . WHEREAS, by a Resolution adopted by the Council of the. . - Town of Leesburg , at its regular meeting , Monday, January 23, 1939 , Stilson H. Hall , Town Attorney , was authorized , instructed and directed to submit to Edwin E. Garrett an offer of $40.00 for. an easement or the right and permission for the Town of Leesburg to construct , maintain and repair a sewer' line across the lot of the said Edwin E. Garrett from Market Street to Cornwall Street Between Liberty and Ayre Streets ; to submit to John Grimes an offer to pay him the sum of '$$20.00 ' for an easement of the right to construct , maintain and repair a sewer line through his lot or parcel of land between Church Street and east of the property owned by Matthew E. Ball on the east side of King Street and south of South Street; and to submit to the said John Grimes another written offer to pay him the sum....of $20 .00 to construct ; maintain and repair a sewer line thrthugh his lot from Market Street northward to a lot owned by him Rhoda Ridgeway and Eva Crouch, and to submit to the said John Grimes , Rhoda Ridgeway , and Eva Crouch a written offer to pay them the sum of $10.00 for an easement or right to construct , maintain and repair a sewer line from, the lot or parcel of land owned by the sand John Grimes on the south side of Fayette Street ; and • WHEREAS, the sr.id Stilson H: Hall , Town Attorney , has this day peported to the Council in writing that he has submitted the aforesaid offers in compliance with the terms of the said resolution and that neither party to whom an offer has been submittes has replied for the purpose of accepting or reject- ing same ; and WHEREAS , the Council deems it necessary and expedient to have condemnation proceedings instituted for the purpose of acquiring the aforesaid easements to enable the town to • complete the constru ;tion of a sewer project which has already been started : NOW, THEREFORE , BE IT RESOLVED by the Council of the Town of Leesburg . in Virginia , that the said Stilson H. Hall , Town Attorney , be and he is hereby authorizedm instructed and • directed to institute the necessary and proper condemnation • proceedings in the Circuit Court of Loudoun County , Virginia , and prosecute same for the purpose of enabling the Town of Leesburg , in Virginia , to acquire the aforesaid Easements or • rights over the aforesaid properties owned by Edwin H. Garrett , John Grimes , Rhoda Ridgeway and Eva Crouch in accordance with the provisions of Chapter 176 of the 1936 Code of Virginia, ,. and all -other provisions of law applicable to the institution and prosecution of condemnation proceedings for the purpose of enabling the town to acquire the aforesaid easements 'or rights. BE IT FURTHER RESOLVED , by the said Council of the Town of Leesburg , in Virginia , that Roscoe B. Rhoads , Auditor- Treasurer , be and he is hereby authorized , instructed and directed to draw all necessary checks against the "Construction Fund" to pay all costs incidental to the institution and prosecution of said suits for the acquisition of said rights or easements by the said Town of Leesburg , in Virginia. . " • BE IT FURTHER RESOLVED by the said Council of the Town ' - of Leesburg , in Virginia , that Louis T . Titus , Recorder , be and he is hereby authorized , instructed and directed to present the Peoples National Bank. of Leesburg , Virginia , with a cartified copy of this Resolution. On motion Of Councilman Flippo , seconded. by Councilman Turley and unanimous]Ay carried by the following Recorded vote : FOR Roy W. Flippo , John r. Hourihane , L. C. Rollins , J. D. Taylor and Joseph H. Turley ; AGAINST : NONE , the following Resolution was adopted ; 197 = ,i ., • WHEREAS , Stilson H. Hall , Town Attorney , has this day reported to the Council in writing that Payne Diggs has refused to -sign an agreement granting the Town an easement over his lot on the south side of Market Street between Liberty . and Ayer Streets for less than eighty dollars ($80.00) ; and WHEREAS , the Council is of the opinion that the price asked by - the said Payne Diggs is in excess of the damage same IIwould be to the property of the said Payne Diggs; NOW, THEREFORE, BE IT RESOLVED,. bythe Council of the Town of Leesburg , in Virginia , that the said Stilson H. Hall , Town Attorney , be and he is hereby -authorized , instructed and • directed to submit to the said Payne Diggs a written offer of $30.00 for an easement of the right and permission for the • Town of Leesburg to construct , maintain and repair a sewer line across the lot of the said Payne Diggs , south of Market Street to a lot owned by Edda between Liberty and Ayer Streets in the'Towd of Leesburg , Virginia , and report to the Mayor and Members of the Council of the said Town by .-Twelve • 0" C1ock Loon ( 12 :00N) , Saturday , January 28 , 1939 , whether said offer has been accepted or rejected. On motion of Councilman Turley , seconded by Councilman Flippo and unanimously carried . the following Resolution was adopted ; WHEREAS , the Town of Leesburg , in Virginia , has recently acquired a right of way for a road from a point in the Town South of the Washington & Old Dominion Railway to a point in 'a field owned by J . E. Caviness , et als ; and , • WHEREAS , it will be necessary for the Town to construct a gate for the purpose of ingress and egress to and from the II disposal plant which is to he constructed in said ftheld on II land belonging to the said Caviness. NOW, THEREFORE , BE IT RESOLVED, by the Council of the Town of Leesburg , in Virginia , that Eoscoe B. Rhoads , Auditor-Treasurer be and he is hereby authorized to purchase a gate and other necessary materials and have said gate installed at the. entrance to the said Caviness land. There being no further business , on motion duly made , seconded and carried , the Council adjourned. .�//� • APPROVED : .:4J. - .. / / RECORDER . MAYSR FEBRUARY 4 , 1939 SPECIAL • At a special meeting of the Mayor and Town Council of the Town of Leesburg , in Virginia held in the Council Chamber on Saturday I . February 4 , 1939 at 2 :30 P. M. there were present ; Lucas D. Phillips , Mgyor ; Louis T. Titus , Recorder ; and R.oy M. Flippo , John T. Hourihane , ' L. C. Rollins , J . D. Taylor and J. H.' Turley , Councilmen. • The Mayor stated that the purpose of the meeting was to receive a report"of the Town Attorney in regardto an easement through the property of Matthew E. Ball on the East side of South King Street. The report was read and stated that, the Town Attorney had not been able to secure an easement from Mr. M. E. Ball for the purpose of constructing a sewer line through the property of the said M.F.Ball . On motion of Councilman Hourihane , seconded by Councilman, Flippo and unanimously carried the following Resolution was adopted ;