HomeMy Public PortalAbout1961_08_28 ' 424
REGULAR MEETING, AUGUST 28, 1961 -
A regular meeting of the Council of the Town of Lees-
burg, in Virginia, was called to order by Hunter M. Leach,
Mayor, at 7 :08 P. M. There were present : Stanley F. Caulkins,
C. Meloy Fishback, George P. Hammerly and George E. Isaacs,
Councilmen.
The minutes of the 1att regular meeting were approved
as read.
Mr. Pumphrey arrived at the meeting at 7 : 11 P. M.
Upon motion of Mr. Pumphrey, •seconded by Mr. Fishback,
the following resolution was unanimously adopted:
WHEREAS, the Leesburg Planning Commission has held a
Public Hearing on August 16, 1961 and after dne publication, •
to consider a proposed -amendment to the Leesburg Zoning
Ordinance and have by Resolution recommended to the Council
the proposed amendment be approved as follows :
"Amend Article 3 Section 3-1-2 of the Leesburg Zoning
Ordinance to reas as follows :
Churches ; public, private and parochial schools, school
board office buildings on school board owned property, public
libraries and museums . "
WHEREAS, the proposed rezoning appears to be in the public
interest ;
BE IT RESOLVED, by the Council for the Town of Leesburg,
in Virginia, that a Public Hearing be held on Sgptember .11,
1961 at 7 :15 P. ai. E.D.T. in the Town Office Building at .
112 West Loudoun Street, Leesburg, Virginia, to consider the
above stated amendment and that the Recorder be, and she is
hereby requested to insert an advertisement to that 'effect
in the August '31, 1961 issue of "THE LOUDOUN TIMES MIRROR.
Upon motion of Mr. Hammerly, seconded by Mr. Caulkins,
Hammerly and Caulkins voting for and Fishback, Isaacs and
Pumphrey voting against ,- the following resolution died on
the floor: • ,
WHEREAS, the Leesburg Planning Commission has recommended
to the Council that a variation of Section IV A-2 of the
Subdivision Ordinance and Section 15-792.1 of the 1950 -Code
of Virginia, as amended, be granted•,' and,
WHEREAS, the Council in the exercise of its considered
judgment , after hearing all proper evidence, finds that the
allowance of such variation does not violate any provisions
of the Virginia Land Subdivision Act, as amended;
NOW, THEREFORE, BE IT RESOLVED, by the Couhcil for the
Town of Leesburg, in Virginia, that Frank J. Schaefer, Inc.
be, and it is hereby allowed to proceed to prepare and submit I/
his final plat for approval on the basis of the exhibition
of the contract with Perry Engineering Company and the per •-
formance bond furnished by the Perry Engineering Company
to Frank J. Schaefer and Company to insure the installation
of complete curbs and gutters ; to install 118' of 15" con-
crete storm pipe and Three (3) catch basins and to pave
roadway in Section II-B, Prospect Hills Subdivision.
VLF
Council recessed at 9 :05 .
Council resumed session at 9 :45 . •
Upon motion of Mr. Isaacs, seconded by Mr. Hammerly,
and carried by the following vote :
FOR 5
AGAINST None
the following resolution was adopted:
BE IT RESOLVED, by the Council, that the deed of ease-- .
•
ment submitted bn behalf of Lucy diZerega and Florence -R.
Harrison, and herein spncad - on the minutes , be-;. and the same
is hereby approved and adopted and the Mayor and Recorder
are authorized to authenticate said action on behalf of said
Town of Leesburg by executing the same.
C^, • EASEMENT -
.
Q THIS EASEMENT, made this day of August, 1931, by
Q' and between FLORENCE R. HARRISON and LUCY G. diZEREGA, herein-
after referred to as Owners ; and the TOWN OF LEESBURGin
Virginia, a Municipal Corporation, hereinafter referred to
as Town;
WITNESSETH :
•
That WHEREAS, a controversy exists as to the validity
of a certain agreement under date of 17 June 1957, as to
the use of and payment for water from springs on the property
now or formerly that of the Owners ; and the parties do hereby
wish to compromise same;
II
NOW, THEREFORE, in consideration of the premises and
the water rental, as hereinafter set forth, to be paid by •
the Town to Lucy G. diZerega , her heirs and assigns, the
said Lucy G. diZerega doth hereby grant and convey unto. the •
Town of Leesburg, in Virginia, a Municipal Corporation, the
perpetual right to obtain water from the "Federal Spring"
(also known as "Rock Spring)" , and the "Poor House Spring, "
located on her property in the Town of Leesburg, Loucoun
County, Virginia, just off the Southerly side of West Loudoun
Street , in such quantities as the Town may require, and to
install, maintain and repair facilities and pipelines on said
• land required to utilize the said springs .
As a condition precedent to said right., - the Town •shall
pay to Lucy G. diZerega, her heirs and assigns , the sum of
FIFTY DOLLARS ($50.00) per month, payable at the end of
each twelve month period- during the existence of •this -Ease--.
ment . However, the Town shall have the -right to terminate
this Easement at will upon written notice to the said Lucy
G. diZerega, her heirs or assigns, and the execution of a
valid deed of release hereof.
•
As a part of the consideration for said Easement , the
' Town will pay to Owners the sum of FOUR HUNDRED FIFTY DOLLARS
($450.00) and waive all existing charges made to Owners by
the Town for water . and sewer services.
The said Florence R. Harrison unites herein for the
purpose of releasing such rights as she may have to payment
for water from said springs, or to be furnished water by the
Town by virtue of any prior agreements or undertakings .
WITNESS the following signgtures and seals :
(SEAL)
Florence R. Harrison
(SEAL)
Lucy G. diZerega
• 42$
THE TOWN OF LEESBURG,
a Municipal Corporation
By
• Mayor
((SEAL))
Attest :
Recorder '
'STATEGOF VIRGINIA,
COUNTY OF LOUDOUN, to-wit :
I, ; a Notary Public in
and for the. State of Virginia, County of Loudoun,: do hereby
certify that Florence R. Harrison and Lucy G. diZerega, whose
names are signed to the foregoing writing bearing date on the
28th day of August , 1961, have this day acknowledged the same
before me in my County and State aforesaid. •
Given under my hand this day of August,. 1961 .
Notary Public •
My Commission expires :
STATE OF VIRGINIA, •
COUNTY OF LOUDOUN, to-wit : •
'
I, , a Notary Public in and
for the State of Virginia, County of Loudoun, do hereby
certify that Hunter M. Leach and Elinor M. Cunningham, whose
names as Mayor and Recorder, respectively, of The Town of
Leesburg, are signed to the foregoing writing bearing date
on the 28th day of August, 1961, have this day acknowledged
the same before me in my County and State aforesaid.
Given under my hand this day of August , 1961 .
Notary Public
My Commission expires : • •
•
Upon motion of Mr. Isaacs, seconded by Mr. Fishback
and carried by the following vote :
•
FOR • 5
AGAINST 0
the following resolution was adopted: •
I/BE IT RESOLVED, that whereas L. W. Parker has executed
a certain completion bond with the Town of Leesburg, and
by the terms of said bond which required him to install -
various physical improvements ; and,
WHEREAS, _sai'dLLeonard W. Parker desires the release
of Lots 44R and 45R from the completion bond secured in a
Deed of Trust to the said Town;
pS��
42
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Re-
corder and the Trustees be, and they are hereby authorized
to execute a Deed of Partial Release for Lots 44R and 45R
in Parker Subdivision, upon the condition of the said Leonard
N. Parker placing the sum of Five Thousand Dolllars (05,000.00)
in a savings account in the name of the Town of Leesburg in
a national bank, whereupon the Five Thousand Dollars will be : •
released to the said Leonard N. Parker upon his request and
showing that the required physical improvements have been
constructed in the subdivision as required, or upon the .
further condition that the Town of Leesburg may utilize the
said Five Thousand Dollars ($5 ,000.00) to construct such of
the physical improvements according to the standards, ,as
said sum will provide in the subdivision:-
Upon
ubdivision:Upon motion of Mr. Fishback, seconded by Mr. Piimphrey,
the following resolution was unanimously adopted:
BE IT RESOLVED, by the Council for the Town of Leesburg,
that the creation of an escrow fund in the amount of the.
contract between Robert K. Wilson and the contractor, sup-
ported by agreement and performance bond with corporate
surety, executed by the contractor, be , accepted in place
and stead of the corporate surety performance bond required
Q by the Planning Commission for approval of Ayrlee Subdivision;
and upon the further condition that disbursements shall be
made from said escrow fund upon approval by the Town' s duly
designated agent , to be applied to the payment of the in-
stallation of the physical improvements under said contract .
There being no further business to come before the
meeting, upon motion of Mr, Fishback, seconded by Mr.
Pumphrey, the meeting adjourned. ak
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