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Home My Public Portal About1956_07_09 47 required connection fee, and BE IT FURTHER RESOLVED , that .Messrs. Johnson and Rogers be advised that the permission granted herein is,of temporary nature pending the final adoption of plans for a permanent water line on Parker Road. . There being no further business , upon motion duly made, seconded and carried, Council adjourned. , C.0 . ' `� - Gflc- . Mayor / Recorder " REGULAR, JULY 9 , 1956 . . At a- regular meeting of the Mayor .and Council .of the Town of Leesburg;- in Virginia , held in the Council Chamber on Monday, July 9 ,. 1956, at 7 : 30 o 'clock, P. M. , there were present E. B. .White, Mayor, George J. Durfey, Reginald K. Gheen, C. R. Hollandsworth and C. R. Lytle, Councilmen. Cg cn Due to the absence of the Recorder, and upon motion duly made, C: seconded and carried Reginald K. Gheen, was elected to serve as Q c recorder pro-tem. a ~ . The minutes of the regular meeting of June 11th, and the special meetings of June 12th and June 26th were read , and upon motion of George J.. Durfey , seconded by C. R. Lytle, and unanimously carried , were approved as read . The Auditor-Treasurer read his monthly report for the month of June,. 1956, his .quarterly. report for the quarter ending June 30, 1956, and, his annual report for the fiscal year ending June 30, 1956, i ' and upon motion of Reginald. K. Gheen , seconded by C. R. Lytle, and ' unanimously carried , the following resolution was adopted : II WHEREAS , the Auditor-Treasurer has this day presented to the il of the Town of Leesburg, in Virginia , a quarterly report of all receipts , and an analysis of all disbursements for the months of April, May and- June, 1956. . NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Leesburg-, in Virginia ; thatthe -said quarterly report of the Auditor- Treasurer, be, and it is hereby approved and accepted by the said Council . J. : .BE• IT •FURTHER• RESOLVED, by the Council. of. the Town -of- .Leesburg, in Virginia , that :the Auditor-Treas.urer•, be, . and he is hereby auth- ( , orized and- instructed to have a copy. o£ the said: quarterly report, published once in a newspaper published in the said Town, and also, post a copy of said report in front of the Court House in the said • Town. . ,. - The Auditor-Treasurer presented his current bills and upon motion of Reginald K. Gheen, seconded by C. R. Lytle, and unanimously c • carried ,- the following resolution was adopted.:•.- . • BE IT .RESOLVED, by theiCouncil of - the T.oWn . ofo.Leesburg ; in Virginia, that . the Auditor-Treasurer, be, and. he is hereby author- ized and directed to pay the following bills : II - - Virginia Electric. & Power- Company:. - . Street Lighting--- $178.00Wit.. . White Way Lighting 17.80 Power Pump House. . .._ ..46.05 / Power (NeW Well) 33.35 Disposal.'Plant -,;-, ; - -- .- - i.00 Fire Sireen, Fire House - .70 Town Office 1.50 - $278.407 • _ ,.C .& P Telephone- Company of Virginia 19.80 Hankey 's Radio. Service - 8.00, J. F. Peebles & Son . 6.51 - :. Mitchel-1 's -- - - . - . . .. : - _ _ - _ 1 . 50z T . T: Hatcher "._ 8.73 ' W. •F. Dodd---- 6.90 ,', 48 . J. S. Whitmore $ 7.05W • L. S. Hutchison Esso Stations 2.45,1 • Walter A. Herndon 9:45/ Colonial Motor Sales , Inc . 259 :.92' Patsy Allensworth 15:00' Frances M. Carnes --- 8.00 Leesburg Hardware • 45.67' J. T : Hirst & Company, Inc. - 9.75 Caldwell-Sites Company 6.35 _ G. C. Virts " 11:25 Alban Tractor Company, Inc . 73,64' IITri-State Electrical Supply Company , Inc . 15.45"— Diamond Alkali Company 35.26-- G. 5.26'G. H. Parent Company . . . 2.42— Raymond R. Roderick--- -- 160.11— Stuart M. Perry, Inc. 21 .89 Leesburg Hardware------- " . 262.50 . TS . Reed Galleher, Treasurer„ County. of Loudoun 26..26 Leesburg Service Station . 8.60 Total $1 ,302 16 WATER & SEWER CONSTRUCTION FUND : Warren C. Perrow . $112. 50 Upon motion of C. R. Lytle, seconded .by Reginald K.- Gheen and . unanimously carried , the following resolution was adopted : BE IT RESOLVED, by the Council of the Town -of Leesburg, in Vir- ginia , that George E. Ward,- Auditor-Treasurer, Raymond .L, Hough, Pumping Station Operator and Officers R. L. Athey, C.' R. -Turner-and • S. H. Barton .of the Police Department , be given two week '!s vacation, or pay at the regular "rate in lieu thereof. . The Mayor submitted to Council the- following bids for repair II to the Town Police Car : ' . M & G Motors ; $290 .93 Colonial Motors 331. 15 McDonald .& Jenkins . 298.65 • -- Brock Chevrolet , Inc. - . __ . _ , 222.34 Since there was some discrepancy in the type of work- to be done regarding the bids , the Mayor and Council instructed the Auditor- . -Treasurer .to contact each of the above mentioned garages and inform - them of the type of work and the amount of work that was . to be done - to the -Police Car and request that they submit new bids .. The application of Raymond L. HoUgh for a Water connection in the Lowenbach Subdivision was submitted. No action was taken regarding this matter. The Mayor presented to the Council an application' from Fred- erick Howard for permission to conhect to the water and sewer line leading to the Loudoun County High School. It was stated that per- mission had been granted to conhect to the said water and sewer line -- by the School Board ." Because of the question of subdivision and engineering features, the Council upon motion pf Reginald K. Gheen , seconded by C. R. Hollandsworth, referred , as a matter of policy, IIIthe application to the Engineer Inspector for his, report and reco- mmendation. In the discussion- t-hat-occured-during consideration of the previous application,- it-was pointed- out that there was no orderly • procedure. or inspection-• or - control-i- of-applications far water, sewer and building permits ,-and- the Council decided that as: a matter of policy-, applications-for water -and--sewer--service, and for building permits - shall be-submitted' to the Engineer Inspector for report and recommendation--before- such- permits are issued . ' . ' . - Sheriff--Roger Powell appeared- before Council- and explained the - arrangement- which- has been made for- setting- off the fire siren in the Town-..- It- appears .that_ the telepha-e- operator- dials the. Sheriff 's 4 Q. Office and reports a -fire and - its location. The -person on duty at the Sheriff 's Office then picks up the receiver to a private line . between the -Sheriff 's Office and the Fire House which sets off the 'alarm. The siren blows until the first fireman arrives and shuts off the siren. He then picks up the phone and is told by the Sheriff 's Office where the fire is . There is no -dispatcher on duty at_ the Sheriffts Office. between" the hours of 1 :00 A. M: and 8:00 A. M. , and the .Council felt that this could be a very. bad situation -should there be a fire during this time when it is possible that there would be II delay in answering the phone at the Sheriff 's Office. Council instructed the Mayor to meet immediately with the - Fire -Chief, Mr. McDonald , Mr.. Caldwell of the Telephone Company .and Sheriff Powell to work out a better arrangement : The;Mayor_presented a letter from John Allen Johnston request- ing a non-conforming -use permit for the property formerly occupied by The Virginia Electric and Power Company sub-station on the north ,9 side of Route #.7, near ..the Town limits . - - - Upon motion of Reginald K. Gheen, seconded by George J. Durfey, Q the application of Mr. Johnston was referred to the Board of Zoning Q Appeals .. . - , _ The Mayor presented an application from the igSO Standard Oil Company to erect an additiona 16,000 gallon0Pbttho storage .tank on its bulk plant property in the area of the livestock market located in the southeast section of the Town of Leesburg. No action was taken on this request pending :an investigation by the Zoning Adminis- tator. • • - Upon motion of George J. Durfey, seconded by C. R.. Lytle -and unanimously carried , the following resolution was adopted : U WHEREAS , the proposed final -plat .of Virginia _Village, owned by developer Loudoun Properties , Incorporated , shows street lo- cations differing from those originally planned whmi Loudoun Pro • - perties , Incorporated , and the Tbwn of Leesburg; in Virginia , en- tered into -a- deed of exchange dated the IS • day of 4., } , 1956, for the purpose of affording to the Town of Leesburg , in Virginia , additional lands for the location of its sanitary disposal plant , and' providing for more accessible streets for Loudoun Properties , - Incorporated ; and ,. Fr - : WHEREAS, it is deemed expedient to revise the aforesaid deed of exchange so as to afford- additional ground to the Town of Lees- burg, in Virginia, in and adjacent to its sanitary disposal plant and to permit the dedication by Loudoun Properties , Incorporated , . of Catoctin Street as' .shown on its proposed final plat of said • subdivision known as' Virginia Village; and , :is. WHEREAS, the Town Attorney has prepared a deed of exchange" which' definitely establishes the boundaries of the sanitary dis- posal plant of the Town of. Lbesburg , in Virginia , which said deed of exchange reads as• follows : - "THIS DEED OF CORRECTION AND EXCHANGE, made this 12th day of July, 1956, 'by and between LOUDOUN PROPERTIES , INCORPORATED, a ' corporation organized under the laws of the Commonwealth of. Vir- ginia ; whose principal office is in Leesburg, - Loudoun County, Virginia, party of the first part , and THE TOWN OF LEESBURG; IN ' VIRGINIA, a Municipal corporation formed- and organized under, a 'r . Charter- issued by the Legislature of the Commonwealth of Virginia , party of the second part . r W. I T N' E S S E T H (1) AUTHORITY - ' -A. The authority• for this Deed of Correction and Exchange was conferred by- the Council of the said Town of Leesburg , - in-Virginia , 50 • by resolution heretofore passed at a duly conducted meeting of said Town Council on July 9 , 1956, _which .authorized and directed Elijah B. ' White; Mayor;-to `exeeute a`nd deliver this ,Deed of'Cor- rection and Exchange with general- warranty of title, ,-and 'further •'directed='that• said deed=-should be attested 'by Horace"-M. Hallett , Recorder; .and the -corporate- sedi' of-" aid Town affixed ,- 'thereby exchanging the "herei'nafter described property for -the -purpose •of establishing the boundaries of the property `of th'e Town ;of Lees- burg, in =Virginia , •and -correcting the description -of said pro' perty in •all deeds heretofore executed with .respect to said pro- perty. - - . .: ' . . B. The authority for this Deed of•Correction and Ex- change was conferred by-the Board of' Directors. 'of--Loudoun Proper- -ties , Incorporated ;"at a duly conducted 'meeting of its Board of Directors , which authorized and directed John H. Ours , President , and Alfred W. Gardiner, Secretary, of said corporation, to execute • and'-deliver this -Deed ' df Correction and Exch'an'ge` with' general warranty of :title 'of the- hereinafter`.described- property, and affix -"-the corporate' seal of said corporation, -thereby thereby exchanging' the " said property; extablishing the boundaries thereof ; and , correct- ing all deeds heretofore executed with respect to .said property. (2) GRANT A. The party of the first part , Loudoun Properties ,- Incorporated , does hereby grant and convey with general warranty • of title unto th'e Town of Leesburg, in V.ird nia-, party of- the second part , all' of its ,tight , title and interest to the here- . inafter described' realty, all as' more particularly shown on that certain plat of Patton' and Kelley, Certified Land Surveyors , Falls • Church, -Virginia , dated July 12;- 1956, attached hereto marked Ex- hibit "A" and recorded with this Deed of Correction and Exchange • in the office of the Clerk of the Circuit Court for Loudoun County, Virginia , in Plat Book Folio which .is 'as 'follows : Beginning at a point , the same being the northwest• - 'corner of -the property herein conveyed , on the south line of Catoctin- Str.eet , ' as- shown "on the final-plat . of ' Virginia- Village"', of record- in' the' office of,- • - the Circuit Court-of Loudoun County at Plat- Book Folio , which- said: plat is being recorded' • immediately- prior to the recording of this deed-;. . • - • ' thence' along- the' southerly line"of 'Catoctin -Street , • - N 77 degrees 23 ' 57" E. 204.10' feet to the P.C. of a 695.00 foot radius curve to the left ; thence a- long the arc of said curve 102,10 feet to the P.R.C. of 'a 25.00 foot. radius' curve to -the right ; • • thence -along-the arc of- said 'curve. '37-: 53. feet' to the 'P.T . ;'- thence 'àlon the Westerly side of Clay - Road; S 25 degrees 00 '. 00" E. 83.16' feet to the P . C. of a 280.00 foot. radius curve to the -right ;- thence along the' arc- of said curve 97.74- feet to the P.T . ; thence S 05 degrees 00 ' 00" E. 248.18 _ feet to a point ; thence departing from Clay Road, S 67 degrees. 37 ' 30" W. 392.13 feet to- a point ; . . thence N'-05 degrees-'24 '- 30" W 506.80- feet-td the point of beginning, containing- 410151 acres . - ' • :.The aforesaid property includes part of the lands heretofore conveyed to- the Town of Leesburg, in Virginia , . by Loudoun-Proper- ties , Incorporated , party of- the first part , in. that certa'in. Deed of Exchange -dated October 6, 1955, and recorded among- the. land. records in.Othe office of the Clerk--of-the Circuit Court, for-Lou- doun County, Virginia-, in Deed Book . , Folio ' ' , and certain • adjoining lands , all as more particularly set- forth hereinabove, the said lands being a part of the lands' acquired by`'Loudoun Properties , Incorporated , party of the first part , by a deed from John E. Caviness and others dated September 29 , 1955, and recorded among the land records of the Circuit Court for Loudoun County, Virginia, in Deed Book 349 , Page 229 , to which said deed reference is hereby specifically made for- a-more completely detailed des- . LI_ cription of said lands and the chain of title thereto : • B. The party of the second part , the Town of Leesburg 51 . in Virginia, does hereby grant and convey, quit-claim and release, unto Loudoun Properties , Incorporated , party of the first part , all -of its right , title and interest to all lands and easements except the lands described in Paragraph A next above and as set forth in Exhibit "A" attached hereto , conveyed to the Town of Leesburg, in Viania , by the following deeds : 1 . That certain deed from Robert L. Caviness and John E. Caviness' dated-December 12, 1938, and recorded -among the land. records•.'iri the office of the Clerk of the Circuit Court for IILoudoun County, Virginia , in Deed Book 11 C 's , Folio 408; , • 2. That certain deed from Robert L. Caviness and John E. Caviness dated February 7, 1939, and recorded in said Clerk 's Office in Deed Book 11 C 's , Folio 410 ; 3. That certin deed from Loudoun Properties , In- corporated dated October 6, 1955, and recorded among the land. • records in said Clerk 's Office in Deed Book. , Folio C. The parties hereto agree .for _themselves , -their . successors and assigns forever that the boundaries as set forth Cf in Exhibit "A" attached hereto shall , on and after the execution et of this deed , be the determined boundaries of the lands of the et Town of Leesburg, in Virginia , and- commonly referred to as "The Town of Leesburg Disposal Plant Property" , the title to which is vested in the Town of Leesburg, in Virginia , by virtue of this deed and. the deeds hereinabove specifically referred to. (:3) ADDITIONAL CONSIDERATION • - A. It is agreed by and between the. parties hereto that as a part of the consideration for the conveying of the property by the party of the first part to the party of the second part , as hereinabove set forth, the party of the second part , the- Town of Leesburg, in Virginia , hereby promises , covenants and agrees to lay out , grade and construct , . withinsix (6) months from the execution of this deed , "Clay" Street at the location shown on the Final Plat of "Virginia Village" , made by Patton and Kelley, Certified Land Surveyors , Falls Church, Virginia , on the property owned by- the party of the first part , which said plat consists of two (2) pages and is to be recorded among the land records in the office -of the. Clerk .of -the Circuit Court for Loudoun County, Vir- ginia , simultaneouslywith the recording of this deed and appears in Plat Book , Folio , of said land records ; and the party of the second part further covenants and agrees that in the laying out , grading and construction: of said "Clay" Street_, to improve said street by placing thereon sufficient stone or gravel • so as to• make said street useable by the party of the first part and/or others . . • (4) COVENANTS • • Each party hereto, as Grantor, covenants that- it will warrant generally the land hereby conveyed by it ; that it has good right to convey the same to the other party as Grantee; that the said Grantees shall have quiet possession of said lands free from all encumbrances except as hereinabove set forth; and each party will execute such further assurances of title to said land as may be requisite. • ( 5) - ADDITIONAL GRANT • - The party .of the first part , Loudoun Properties , Incor- porated , does hereby grant and convey , quit-claim and release unto the Town of Leesburg, in Virginia , party of the second part , all of its right , title and interest to all lands heretofore trans- ferred to the party of the first part by that certain deed of ex- change between the Town of Leesburg, in Virginia , and Loudoun Properties , Incorporated, dated October 6, 1955, hereinabove re- ' ferred' to, except as set forth: in Exhibit "A" attached hereto. • . WITNESS the following' signatures' and seals . • • • _ 52 LOUDOUN PROPERTIES , • INCORPORATED - By . President ( (SEAL) ) . Attest : . • Secretary Party of the First Part - . THE TOWN OF LEESBURG, IN VIRGINIA . By Mayor (.(SEAL) ) ' Attest : • Recorder - Party of the Second Part STATE OF VIRGINIA To-Wit : • COUNTY OF LOUDOUN - I, Elinor M. Cunningham, a Notary Public in and for the County of Loudoun , State of Virginia , do hereby certify that John H. Ours and Alfred W. Gardiner ; whose names as President and Secretary, respectively, of Loudoun Properties , Incoiporated , are signed to the foregoing writing bearing date on the 12th day of July, 1956, have this day acknowledged the same before me in my County and State aforesaid. - My Commission expires on the 9th day of February, . 1957. Given under my hand this day of July, 1956. Notary Public - STATE OF VIRGINIA TO-WIT : •• • COUNTY OF LOUDOUN - • I , Elinor M. Cunningham, a Notary Public in and for the County of Loudoun, State of Virginia , do hereby certify that Elijah B. White and Horace M. Hallett , whose names as Mayor and Recorder, respectively, of the Town of Leesburg; in Virginia , are signed to the foregoing writing bearing date on the 12th day of July, 1956, have this day acknowledged the same before mein my County and State aforesaid . ' My Commission expires on the 9th day of February, 1957. Given under my hand this day of July, 1956. Notary -Public• NOW, THEREFORE, BE IT- RESOLVED by the Town Council of the Town of Leesburg , in Virginia , that a deed of exchange in conformity with that above set forth be executed by and between the Town of Leesburg , in- Virginia , and Loudoun Properties, Incor- porated , and the Mayor be ard. he is hereby authorized and dirrgected to execute • said deedto andin ehal o the own o ees u Virginia, and -the Recorder be -and- he - is hereby-authorize an " Qi- rected to affix his signature and the seal of the Town in attestation thereof. Mayor Attest : Recorder 5 C . Upon motion of George J. Durfey, seconded by C. R. Lytle, Council granted permission to the Stacy Septic Tank Service to dump septic tank fluid in the Town sewer system at a price of $2.00 per .load with the understanding that the fluid would be dumped at a man-hole covered by a screen of not less than 1 inch mesh in order to screen out soilage. The Council considered further the matter of annexation, aid . the Mayor read to Council letters from Mrs . John Hill Carter, Mrs . Florence R. Harrison, Mrs . Lucy diZerega , Miss Christine Wildman and Mrs .. Murray .Dyer opposing being incorporated as proposed by the annexation recommendati:m of the Planning Commission. After considerable discussion and upon motion of Reginald K. Gheen, seconded by George J. Durfey, the matter of annexation was tabled, - . Upon motion of Reginald K. Gheen, seconded by C. R. Lytle and uanimously carried , the following resolution was adopted. WHEREAS , at a Special Meeting of the Council of the Tdwn •of Leesburg , in Virginia , held March 14, 1956, the Council adopted in principle the recommendation of the Planning Commission, and adopted six (6) steps of this plan for the improvement of park- ing and traffic ; ; and , C WHEREAS , it is necessary and imperative that the next step of this plan be put into effect ; namely, the removal of parking from the north side of Market Street . NOW, THEREFORE , BE IT RESOLVED, by. the Council of the, Town of Leesburg, in Virginia , that parking be removed immediately from the north side of Market Street from Church Street to Ayre Street . The Town attorney reported on his efforts to get commitments for the connection of the parking lots and the walk-way. Considerable discussion was had concerning to acute• parking and traffic situation, and upon motion of Reginald K.' Gheen, sec- onded by C. R. Hollandsworth, and unanimously carried , the follow- , ing resolution was -adopted : BE IT RESOLVED, by the Council of the Town of Leesburg , in Virginia , that the Mayor is hereby authorized and directed to have a survey made of so much of that area of the territory in the block bounded by King , Loudoun , Wirt and Market Streets as is necessary to determine the property lines. and the area needed for additional parking and to determine the value of each parcel to be acquired. Upon' motion of C. R. Lytle, seconded by George J. Durfey , Council adjourned to meet on July 23rd , 1956, at 7 :30 o 'clock , P. M. C-41,4.1 ;ig- ZtAibit, Mayor Recorder SPECIAL, JULY 16, 1956 At a special meeting of the Mayor and Condi of the Town of Leesburg , in Virginia , held in the Council Chamber on Monday, July 16, 1956, at 12:00 , Noon, there were present E. B. White, Mayor, George J. Durfey, Reginald K. Gheen, Howard B. Gill , C. R. Hollands- worth and C. R. Lytle, Councilmen. Council waivered notice of the. meeting, andupon motion of Reginald K. Gheen, seconded by C. R. Lytle and unanimously carried , the following resolution was adopted : WHEREAS , Thelma J. Smoot hassubmittedher resignation as a member 'of the Council of the Town of Leesburg , in '.Virginia , .and. the same has been accepted ; and ,