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Home My Public Portal About1961_07_24 412 • REGULAR MEETING;- JULY 24, 1961 A meeting of the Council for the Town of Leesburg, in • Virginia, waw held on July 24, 1961. There were present: Stanley F. Caulkins, C. Meloy Fishback, George P. -Hammerly, Colonel - George E. Isaacs and John W. Pumphrey. In the absence of the Recorder Mr. Hammerly was appoint- ed Recorder .pro-tem. - - The Mayor also being absent and a majority vote of - the IICouncil being -needed to select a Mayor Pro-tem, upon motion - of Mr. Pumphrey, seconded by Mr. Caulkins, Colonel Isaacs was nominated Mayor pro-tem. Upon motion of Mr. Hammerly, seconded by Mr. Pumphrey, it was unanimously voted the nom- inations be closed and Colonel Isaacs was unanimously elected as Mayor pro-tem.. The minutes of the previous - meeting -were approved as read. . Upon motion - of Mr. Pumphrey, seconded by Mr. Caulkins, the following resolution was unanimously adopted: WHEREAS, C.. H. Clemens, Sadie. Saffer_ and Joanne_Bodmer., Judges of the Town of Leesburg Election- held on June 13,. 1961, have certified that Hunter M.. Leach received 2- votes for Mayor; - E.- S. Dailey received 185 votes for Mayor, Frank Raflo received 336 votes for Mayor; Elinor Cunningham received 224 votes for Recorder; 'H. Frederick Mang received 303' votes for Recorder; Sadie Saffer received 1 .vote for Recorder; George Babson re-- - ceived 296 votes for Councilman; Stanley F. Caulkins received 345 votes -for Councilman; Albert W. Dent received 212 votes. for Councilman; Inez C. Greene -received 114 votes for Council- man; George P. Hammerly received 326 votes for Councilman; Emerson H. James received 248 votes for -Councilman; Albert M. Kline received 121 votes for Councilman; Hunter M:'Leach received-_296 votes for Councilman; Maurice R. Lowenbach,. Jr. received 388 -votes for Councilman; John W. Pumphrey- received- 356 votes for Councilman; John W. Tolbert, Jr.• received 73 votes for Councilman; Austin J. Wright received 217 votes for Councilman; Leonard Parker received- 10- votes for Council- man; Matt Pulliam received 1- vote for- Councilman;- and - NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the following persons be and they are -hereby declared to have. been duly -elected .for . . the term- beginning September 1, 1961; and ending August 31, 1963: Frank Raflo, Mayor;- H. Frederick Mang, Recorder; - Maurice .R. -Lowenbach; John W.. Pumphrey, -Stanley F. Caulkins, George P. Hammerly, George J. Babson -and- Hunter M. Leach, Councilmen;. and,, • . BE IT FURTHER RESOLVED, that a copy of this resolution bebe sent to_.the_successful candidates -by the Recorder. -Upon -motion of Mr. Hammerly; seconded- by- Mr: Pumphrey, the following resolution was unanimously-adopted: WHEREAS, the Town Attorney was instructed to prepare the final draft of the Declaration of Vacation of- the Plat ' of Gibson Heights Subdivision; -and, - WHEREAS, the same has been- presented to the Council and appears to be in proper form;. • BE IT THEREFORE RESOLVED, that- the attached Declaration • of Vacation be and. the same is hereby approved and adopted and the Mayor and Recorder are authorized to authenticate the action of the Council by executing the same; and, . _ .:, 413 • • BE IT FURTHER RESOLVED, that the said Declaration of Vacation.be- and the same shall be submitted to the Loudoun County Hospital for action thereon in- approving the vacation.- - Upon -motion• of Mr. Hammerly, seconded by Mr.. Pumphrey., the following resolution-was unanimously adopted: BE IT RESOLVED, By the Council for the Town of Leesburg, in Virginia, that the Planning Commission be requested to • submit to the Council within thirty days, their recommendation on un amendment to the Leesburg Zoning Ordinance to allow County School Board Office Buildings to be located on County School Board property within Residential• .Districts. The agreement dated July 12, 1961; between Rebbie Debutts and the Town of Leesburg was- read -to the Council. Upon motion of Mr. Fishback, seconded by Mr. Pumphrey, the following resolution was• unanimously- adopted: CYZ BE. IT. RESOLVED, by the Council for the Town-ofuLeesburg,r. in Virginia,- that -the-Mayor-and Recorder be:*--and. they_:are.:.hereby c% authorized. to authenticate-the agreement of July 12,, 1961,-.by - - - and between -Rebbie DeButts -And the :Town of Leesburggranting the sewer line'. easement described- therein - (Said agreement- - • appears on-Page 414 of these minutes. ) Upon motion of Mr. Fishback, seconded by Mr. Caulkins, the following- resolution was unanimously 'adopted: . BE IT RESOLVED, by the Council for the• Town of Leesburg; . in Virginia, that the Memorandum of Assignment dated the 21st . . day of July,- 1961,. by and between Charles T. Brosius, Trustee, . party of the first part, and the- Town-of Leesburg, party of the second- part, conveying the water and sewer lines to said - Town, is hereby accepted and the Mayor and -Recorder are hereby authorized to authenticate the agreement' as-:aforesaid. • Upon motion of Mr. - Pumphrey; - seconded- by'Mr. •Fishback, the following: resolution was unanimously adopted•: • BE IT RESOLVED, by the Council for.. the Town of Leesburg,. • in Virginia, that Three Hundred Dollars ($300`.00)- be appropriated from the unobligated revenues of the Utility Fund for an item, day labor, and under personal services, -operation and main- tenance. • There being no further business to come before the Council, upon motion of Mr. Hammerly, seconded by Mr. Caulkins, the Council unanimously adjourned. • Mayor pro-temp • I a _ . ' '.THIS ;AGREEMENT, made this, the ' 12th .day„ of -July,,'..1961, -between Hobble deflutts, . party-of •the .first part,. and the Tows• of(Leesburg, • r • in• Virginia, a Municipal corporatiorty of ,the second part. tY n, pa > C1 hTNES �$SETB j (-That n for and; in-consideratioof the 'sum o2' One Dollar (01.00 , i f cash,' in hand• paid to the part;' of_the first ,part•at_ and before:the�;- sealing,,and delivery• .of :this--agreement," the;.rocolpt, whereof:.is • hereby acknowledged,- the said Hobble •deButts, party of the)first -;' part-, hereby grants _unto the Town of. Leesburg, in Virginia, party • . of-: the second part, the'•right to enter upon; conetruot, naintain, replace or; repair..ad underground aower line through a portion of •- ]That certain tract of land situate, ' lying,,and being, on the•'North ' side-'of Virginia State Route No. 7;• in the. Eastorn part of said- f Town; . and 'being'a. portion 'of-•the eaue lend .-convoyed unto the, party of-ths first part• ,by bElaude -Honicon and Ethel Honioon. his 'wife., by• dsed dated March 1, ; 1944,:,of;record in .the' Clerk's. Office of � r the Circuit ,Court of Loudoun County, ..Virginia, .in Liber. 11 U. - ' Folios 249;`and 260. it being hereby,.mutually undeiretood. and egret a - ' by .the-.partie's •hereto' as follows :- •t • - ' r T (1)' The said easemeat, .according to a'plat and 'Survey>pado : . h i , . . - 6 • J , a` : by ./alter L; 'Phillips, Cert ifled Civil Engineer, dated May 24',1981, • . - and attached hereto and:- to be:recorded herewith, is described- 'as „ .}-,. s follovsir -".r •. S 1 t ... ;,�s,...;i 'A Y-.lam a .-`1 .` Beginning at-a point in the. Northside •ofother lands . ' of the .party of:: the .first partas shown:on. said-.plat. and - running thence South 240- 01.!. East, .for a ;distance _ot ;997.08 ; - = - ' • . - feet.fie ;shown .on said-plat= thencerNorth ',78?i7' East for _ . in-:distancef•=distance oapproximately 80. 'feet .to;ea .point i'n -other - • elands` of the ,party-_of the first part,',..I Said :easement loc. 10 feet ,.in width, „ ` 'e(2) Not :more than two p®nholos, shall=be constructed• on ‘,.the • • . easement hereby •granted —said—plat, -) •,• and they shall not project above tna, present ground„).seal. „ • - 1 f (3) The sewer• pipe line shall be laid.at the location shown _ .) -. 2 on'the 'said' plat attached hereto, At no, point :shall the top•;of - 4 " -- • saidsewer ,pipe- line be lese .than 2k,-:feet- helm!, the 'aurfaoe .of the - ground, ;(4) -The partyto of• the first part shall fully use and enjoy ' - the .land leabraoed::in the aforesaid easement', esoept as to the'1 rights ,hereia granted, a `' -'• (5) _:Tho party bf :the 'second ,.part , its' agents and opployees shell, a.t ail times, after ,th .. sower': line. is .coletod-ba _vo the , _ ,°p,. •, a ,,- mp7 right' to eater ,upon the' land' `onbracod within• the';limitst of- said - r -r. k r y . easement to inspect, maintain,•` repair“and' replace~-the said sewer line'-and- manh•oles,';•and 'the party oft-5tho`;second part .agrees; to; hold' . , and save harmless •'the a.rt of the f irst P„ y pait, her peseonal ,repro '<:a.` seatative, :heirs. and tassigns from any and' all ;damages arising._ from ` the Luse, of -said easement, throughcuse°by the `party of the second :LI, :` �:“..-- ^ :.„7, r, • ` • ?'. r . •'�_`' 3.".,-,‘ ,jy,' a1.,•8•• 1 v \•. * -- #`{; • pant :of the easement' he• roin granted aftoi :tike said eewe`r line "ani. d' J '' - manholes shall have been constructed, •, , ,The foregoing shall be a.-permanent, easemenI.t'and shall bo ? construedas a covenant 'running with-the land, . z , a. ill t INl9ITNESS_ WHEREOF, the said -Robbie deButte::hae 'hereto .set her - -.-•- • > }• hand nod-seal - and -the Town of :Leesburg,- in .Virgtnia, has caused e = thiI agreement t.o bet. signed and acknowledgsd in- its corporate-sname • by Hunter b1, :Leach;`sSte )Sa•ye•r,`. nd ata corporat•e'aeal --to . be . hereto affixed,and:' attested by.ZEleanor h1, Cunningham, it`s Recorder,• :said officers •beipg hereto 'duly `authorisod' so ataof act, '' * '' Eebb'io dehutts ' , THE TOIVN 'Oe `LgESBURO. `.in _ '----.17";:, . _` 1 Virginia, , a `Municipal corporation ' . ' a.• a ,-; • • (P.- By .. • ' (((,• SEAL ' ).) ){ Mayor . i ' ffaxed..arid;attested. - + y Recorder k .7 , - , STATE OF VIRGINIA, , COUNTY OF LOUIIOUN, to wit ' , • a -Notary Public in and. for the'` r _ County '4 '1; d -un, in the State of 'Virginia, do •certify•,that ' �' a Rebbiie deButts,•_`whose name is ..signed• to the,foregoingagreement., ' it, bearing` date,•of':July . 12, 1961, has,acknowlodged the .same before:,me - • in my County aforesaid, ` —0-1.a. en •under:•my hand this-::the day -of July, 1961, . Notary Public ', My•,Commission expiresr ' , s = to STATS OF 'VIRGINIA ' • COUNTY' OF LOUDOUN, to- wit v .- I, ..- aNotaryPublic in and ,for . the County'. of Loudoun, ',in the 'State of Vir.ginla rdo�'celttfy that. /,` > : ' «• 4. Hunter W;, LeachNand- Eleanor M. Cunningham,: whose names as Mayor V. • and; Recorder, respectively, „for the =Toon oc Leesburg, in V,irgiaia, > 4 '' are signed to .the foregoing :agreement bearing dat'e `onthe 12th{ s '. ` , dayof July, 1961, and eachthis day'�acknowledge,d the smme before xti me'--in my County' aforesaid, ,e - ' Given; under ny hand,ethis the day of ;July, .1961, , , r ; t ' i Notary -Public a My Commissionexpires , . j� _ .v. .,. �_.. , F 'f. ' 5 : ---"- _ - 4 T. f ♦ Z • Y \' . _ • •- I ", w • • 30 11 . . !Rees/E UE Z3UTTS • 5 A c.' s .4, roe,. U// Pr. 350 . lu . 'N -vy 3 0 ., . C- 5, -SI-C sFh- S1 1... - 1;4 k0 "0, I 1 . YtJ`.,zt 1 j I -- N - �. '✓7B'/7 E' . ' t 1 - - -- .. ii . N� Bo UNOgRY SURVEY FgoM • Y •EX/ST//nc ''Rc•C o..0.0 S A''o po¢S • ' NOT ,ee e3CNT A 3Uq✓EY el l'" . r..'/S -5644✓E)o/Z. • • • • OL A7- _ _sq.",/T.n.PY Sc we G Z6Q• 00 . TA'. octcn. THE •4 C.9sE.M ENT S7 PA'OPER TY 0,cBa/sem H, • �= • DC surra oar r f fr - Ro i ' I. . TOWN O F Lace a uA'G ' ROUTE +F773 L OLIO outs. Co-, JGa, ,SCALE.' /^'r /00' ..44A,v 2.4 /9G/ - • �YAG TER L. �H/G L/as + 1 1 COO T/F/EO `//r/.r- ENG/NEER A.✓O LANG. S4RIle YOR • "y . • I .t. _. . . _ . '1