HomeMy Public PortalAbout1955_03_21SPEC 178
without expense to the Commonwealth, the surface of the said right of way and
additional widths of all encroachments, utilities, or other things that may
interfere'with or retard the progress of the work and• future maintenance and use
of the said Route and improvement. The Town further agrees, at its own expense,
or without expense to the Commonwealth, to relocate and readjust, or have relo-
cated and readjusted, such publicly or privately owned pole lines, pipe lines
(whether above ground or below ground), conduits or other utilities as may be
necessary for the accomplishment of the said construction. or other improvement.
- This work is to be done at such time and in such manner as-not to delay or in-
terfere with the work to be done by the Department of Highways, its employees
or contractors.
It is further understood and agreed that the Commonwealth of Virginia
will participate in the costs of securing the required right of way, in ac-
cordance with a ruling of the State Highway Commission as follows:
"In towns having a population- of less than 3500, the Highway Department,
Right of Way Division, in collaboration with the Town Council, will make a care-
ful estimate of the cost of right of way, including land, damages, readjustment.
of buildings, etc. When the right of way is guaranteed and secured by the
town, the Highway Department will participate in the cost up to the amount of
the estimate. 'The Right of Way Division will assist the town in securing the
right of way and deeds will be taken in the name of the Commonwealth. The deeds
• will be prepared by the Commonwealth. The local attorney representing the
Highway Department will handle the closing of deeds, examination of title, and
conduct condemnation proceedings where .necessary. The Commonwealth will pay the
legal costs incurred."
It is further understood and agreed that in the event one 'or moreproperty
owners refuse to execute a deed covering the land required from their properties
for right of way purposes the Town hereby authorizes the Commonwealth of Virginia,
_ Department of Rightways, to institute condemnation proceedings and agrees to pay
any court confirmed awards of commissioners over and above the estimated fair
value as outlined above. - -
The Town further agrees to save the Commonwealth of Virginia, her offic-
ials and her employees, harmless from any and all claims for damages of what-
soever
nature that may arise from the owners, tenants or lessess of adjoining
or nearby lands, as a result of the said construction and/or improvement in
accordance with said plans or as a result of the maintenance thereof as so con-
structed and/or improved.
There being no further business, upon motion duly made seconded and car-
ried Council adjourned. .
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lhate M or ela v Recorder
SPECIAL, March, •21, 1955.
At a special meeting of the Mayor and Council of the Town
of Leesburg in Virginia there were present, Maurice R. Lowen-
bach, Jr; George J. Durfey, Reginald K. Gheen, Emmerson H. James,
and Frank Raflo, Councilmen.
Due to the absence of the Recorder, and unpon motion of Geo-
J. Durfey, seconded by Reginald K. Gheen, and unaminously carried
Frank Raflo was elected to serve as Recorder.
Mr. B. Powell Harrison Jr; Chairman of the Planning Commiss-
ion
was introduced and he presented a report on the town water and
sewage. Other members of the Commission were present and Mr. Perrow
of the firm of Perrow and Brockenbrough was also present and dis-
cussed this report fully with Council.
Measers Gill and Hallett were recorded present at 8:45 P. M. ,
Upon motion of Reginald K. Gheen, seconded by Emmerson H. James,
and unaminously carried, Council requested the Recorder to ascert-
ain if it would be possible for a public meeting to held in the
County Office Building, April, 5, 1955, 7 :30P. M.
There being no further business upon motion duly made second
ed -nd carried "ouncil adjourned.
NA, / Aroff ,(
Mayor. tiwitett#Corder