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Minutes of the Regular Meeting of the Leesburg Town Council,
October 22, 1962
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A Regular Meeting of the Leesburg Town .Council was held in the
Council Chambers, Leesburg, Virginia. on October 22, 1962.
Mayor Frank Raflo called the meeting to order. at 7: 37 P .M. , E.D.T.
Councilmen present were Stanley F. Caulkins, George P. Hammer,ly, Lynwood
L. Lay, Hunter M`, Leach, Maurice R. Lowenbach and John W. Pumphrey.
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In'the absence of the Recorder ,. Robert Sharp, Town Manager,
was appointed Recorder pro-tem.
The Mayor gave his report to the Council. -
The Town Manager gqve his report to the Council. '
Upon Motion of Councilman Lowenbach; seconded by Councilman
Pumphrey the' following resolution was unaminously approved by a roll
call .vote. .
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' BE IT RESOLVED by the Council for the Town of Leesburg, - in
t- Virginia, that the Virginia. Department of Highways is hereby requested
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CC to accomplish the necessary maintenance work to place .Ft. Evans Road ,
= Route #773, within the corporate limits, in a satisfactory condition
and the Highway Department is .further authorized to do similar work
upon request by the Tbwn of Leesburg, the Town shall reimburse the
Highway Department for its costs. involved.
Upon Motion of Councilman. Pumphrey; seconded by_ Councilman
Caulkins the following resolution'was approved by a unaminous roll
callvote. .
II WHEREAS
the Council of the Tbwn of Leesburg is desirous of ob-
taining additional right of way for street purposes on east North
Streetand
WHEREAS, Fulton. Want and Dorothy E, Want will .dedicate 2,314
square feet of land in accordance with the attached deed of dedication
and agreement,
THEREFm E, -BE IT RESOLVED, by the Council of the Town of
Leesburg , in -Virginia, that the Mayor and Recorder are authorized
and directed- to •execute..the -attached deed of. dedication and agreement
on behalf of the Town of Leesburg. •
Upon Motion of Councilman Hammerly; seconded by Councilman
Caulkins the following agreement between Bessie Miller Chamblin
and the- Town- of Leesburg-was approved by roll. call vote.- Voting
Yeas, Councilmen Caulkins , Hammerly, Lay, Lowenbach and `Pumphrey;
Abstained , Councilman Leach.
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THIS' AGREEMENT, made and entered into this 22nd day of .
October, 1962 , by and between Bessie Miller Chamblin,- sometimes
Bea Miller Chamblin and .Bess Miller 'Chamblin, by Charles R. Miller,
her attorney in- fact ,- Party of the: First. Part , and The Town of _ _
Leesburg in Virginia, a municipal. corporation, Party cf the Second.
Part; • : :- .
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WITNESSETH: . . - _
That for the mutual considerations and advantages accruing to
each party hereto, the said parties agree and contract as followsr
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(1) The Party of the First Part , Bessie Miller Chamblin, is
the fee simple owner "f the following described real estate sisuate,
lying and being in Leesburg Magisterial District , Loudoun County,
Virginia, being a portion of the land described in that certain
deed recorded in Deed Book 345, Page 205, in the Clerk' s Office
for said County, and as shown on the plat , Schedule A, attached
hereto and by reference made a part hereof; and the Party of the
Second Part , The Town of Leesburg, isthe equitable owner. by rea-
son of -an executory contract of the following described real es-
tate , being a portion of the land which is the subject of a contract
made and entered into between the Party of the Second Part and Ruth
W. Spitler, situate, lying ad being in Leesburg Magisterial District
Loudoun County , Virginia, and as shown on the plat, Schedule A,
heretofore mentioned .
(2) The parties hereto desire to exchange said properties,
the Party of the First Part , Bessie Miller Chamblin, agreeing to
convey a portion of hereproperty . to .the Party of the Second Part ,
The Town of Leesburg, and the Party of the Second Part, The Town of
Leesburg , agreeing to convey its property in .consideration therefor
to the Party of the First Part , Bessie Miller .Chamblin,. and, such •
exchange constituting the full consideration in each instance for
such conveyance, one party to the other, except for the hereinafter
set forth conditions , said property being more particularly described
as follows., to-wit: The Said Party of the First Part, Bessie Miller
Chamblin, to convey to said Party of the Second Part, The Town. of
Leesburg, the land shown on attached "Schedule AP , bounded by the 1
lines and following distances: A. to B, 800 feet , and it shall be
50 feet south of and parallel to the north boundary line; B to C,
1450 feet; C to D , 760 feet; D to E , 1300 feet; E to F, 1150 feet
and F to A, 2750 feet. And the Party of the Second Part , The Town
of Leesburg, shall convey to the Party of the First Part, Bessie
Miller Chamblin, all the land to be conveyed to it by Ruth W.
Spitler, as heretofore mentioned , however, less and except a. tract
of land shown on Schedule A, bounded by the lines E to E, 1150 feet;
E to G'y the entire existing road frontage on Route #643; G' to H,
775 feet; H to F, 2000 feet.
The intention of the exchange is to vest in the Party of the
Second Part a tract of land of approximately 100• acres, which is ` "
shown on a sketch prepared by Earthwork, Incorporated dated October
15, 1962 , labeled "Schedule B" and attached hereto.
(3) The Party of the First Part, Bessie Miller Chamblin,
further agrees that the Party of the Second- Part , The Town of Leesburg,
shall have air 'space and marker easements over and across the re-
maineder of the land now owned and retained by the Party of the "
First Part, Bessie Miller Chamblin, or acquired in this exchange , and
. in addition, the Party of the Second Part , The Town of Leesburg, may
except and reserve an easement. 10 feet in width, and to install
facilities for the distribution of the water, in order to take all
the water necessary from the spring which is located on the land to
be exchanged with such additional easements as are necessary for
pipe lines and other appurtenances , with the right to maintain and
re pair the same , for a period of five ( 5) years from the date of
delivery of the deed , all of which is a part of the consideration
for this exchange.
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(4)- It is agreed that the following conditions shall be.
precedent to this agreement becoming effective: .
( a) The actual delivery aid recordation of the deed from
Ruth W. Spitler to the Party of the Second Part , The Town of Leesburg,
conveying the land which is the subject of. the executory contract here-
tofore mentioned , vesting fee simple absolute title in said property in
the Party of the Second Part , The Town of Leesburg.
(b) The entering into a firm contract by the Party of the
Second Part, The Town of Leesburg , with the United States. Government
for grants of money for airport construction on the land which is the
IIsubject of this agreement.
( c) The ability of the Party of the Second Part , The Town
of Leesburg, to obtain. all necessary approach easements from other
persons or owners for. the operation of an airport on terms and conditions
satisfactory to the Party of the Second Part , The Town of Leesburg, and
the Federal agency responsible for making grants for airport construction.
(d) The fulfillment of all of the conditions precedent in
the contract between the Party of the Second Part, The Town of Leesburg ,
and Tri-State Properties , Inc. , a thermofax. copy of the signed contract
00 being annexed hereto and by reference made a part hereof, and the actual
C0 consummation of said contract by the recordation of the eed and receipt
U... by the Party of the Second Part , The Town of Leesburg , of the cash and
r.^' notes specified in said contract with Tri-State Properties , Inc.
,. ( e) The Party of the Second Part , The Tbwn .of Leesburg,
shall have the right, at its risk, upon the execution of this contract,
to enter -upon said .land of ..the Party. of the. First -Part , -Bessie Miller
Chamblin, and make necessary engineering studies to determine -if. said
land is suitable for the .construction of an airport and in the event
said .Party of the - Second Par.t , 3The Town of Leesburg, determines said
land is -unsuitable , it shall have the r,ight •to terminate this contract
without any -liability. - - - -- .. . .
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(6) It is agreed that any survey shall be at the expense of the
Party , of the Second Part, The Town of Leesburg, but that if the descrip-
tion as set forth on Schedule At 'does not provide sufficient land for an
airport, the dimensions shall be changed accordingly - to meet current
F. A. A. National Airport Plan for Town of Leesburg.
(7) In the event any suits are filed challenging the validity
of this exchange , the Party ' of the Second Part , The Town of Leesburg,
shall have ,the ,option to. terminate this contract without any
liability. _:
(8) The parties . hereby agree that -the property of the Party of
the Second Part , The Town of Leesburg is receiving from Ruth W.
.a
Spitler, s heretofore mentioned; is Unproved by -certain -buildings and,
in the event of damage, loss or destruction of said buildings which
'results in a reduction of the purchase price , then said Party of. the
Second Part , The Town of Leesburg ,. shall pay the Party of the First
P'art, Bessie. .Miller. Chamblin, in cash,-;the amount 'of the reduction in
the purchase price it actually receives. •- .
(9) All. taxes , insurance , rents and interest are to be ad-
justed 'at- settlement date and the: settlement- date -shall coincide with
the date that the sale of the present airport by-the- Party- of the ' :- •
Second Part , The Town of Leesburg, to Tri-State Properties , Inc. is
IIclosed , unless the parties hereto agree :to a different date. for set-
tlement. It is further agreed that if : such settlement isnot made on
the- day that the contract between the Party of the Second Part , The
Town of Leesburg , and Tri-State Properties', Inc. is_ closed , Or as '
heretofore; mentioned, then this- agreement shall be null aid void on
the day following the date when that. contract shall become null and
void . Settlement shall be in The Town of Leesburg. . .
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WITNESS the following signatures and seals this 23 day of
October , 1962. "
TOWN OF LEESBIR G
( SEAL) - - - - . . . •
Bv• /s/ Frank Rano .
Attest: .1 . . . _ . . . . . .. . . - Mayor
Clerk .
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Accepted .this. 24th day. of:October , 1962. . -
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BESSIE MILLER CHAMBLIN
.By :/s/. .Charles R. (SEAL) . -
r• . • Miller
. . Charles R. Miller•
• •. . . her 'attorney in fact -
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Upon Motion. of. Councilman Lowenbach; seconded by Councilman
Pumphrey the following resolution was unaminously approved by Roll Y;
Call Vote.
WHEREAS, the Council for the Town of Leesburg did on April 9,
1962, :refer to the Leesburg Planning Commission for their investigation
and recommendation a proposed revision to the Zoning Ordinance of the
Town of Leesburg for the creation of a zoning -classification to allow
the construction of row houses , and
WHEREAS, the Leesburg Planning Commission did , after much study
and consideration, hold a public hearing. on September 27, 1962 , in
accordance with Chapter 28, Section 15-961.4 of the -Code of Virginia,
and
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WHEREAS,. the.Planning Commission did on October 4, 1962 , approve
and recommend adoption by the Town Council the following proposed
amendments to the Town .of .Leesburg Zoning -Ordinance:: •
(Amendments attached hereto as Exhibit)
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THEREFORE , BE JT RESOLVED, by the Council for the •Town of
Leesburg , in Virginia that .Public ;Hearings. be held in accordance - •
with Chapter 28 , Section 15-961.4 of the Code of Virginia on November .
12 , 1962, following publication in the Loudoun Times Mirror on
October 25 and November 1,. 1962. . : • .
Upon Motion of Councilman Pumphrey; seconded by Councilman
Lowenbach the following resolution was unaminously approved by Roll
Call Vote. •
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WHEREAS, the Leesburg Town Council did! at a regular meeting
on February 12, 1962 , pass a certain resolution pertaining to certain
physical improvements to be installed at the Parker S.ubdivi•sion,. and
WHEREAS, it was the original desire of Council to have driveway
entrances installed on lots 10 thru 14 , and
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-WHEREAS , it is now considered better to install these entrances •
at a later date by• the owner when the use is determined for these lots,
THEREFORE, BE IT RESOLVED , by the•:Council for the Town of Leesburg,
in Virginia, that the above mentioned entrances need not be installed
at this time. ,. . .
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Upon Motion of Councilman Leach; seconded by Councilman Lowenbach
the meeting was recessed at 9:00 P.M. , so that the Council could meet
with the Trustees of the Paxton Home to work out the final details of
the agreement for the purchase of water and use of land; with the
general consent of the Council members.
f ry B LC 6 • __ _. __Minutes
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Minutes of a Special Meeting of the Leesburg Town Council, Ootober 29, 1962
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A Special Meeting of the Leesburg Town Council was held in the
Council Chambers , Leesburg , Virginia on October 29, 1962.
Mayor Frank Raflo called the meeting to order at 5:30 P .M.
Councilmen present were Stanley F. Caulkins , George P. Hammerly , Lynwood
L . Lay, Maurice R. Lowenbach; and John W. Pumphrey.
In the absence of the Recorder, Robert Sharp was appointed
Recorder pro-tem. _ • .
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The Waiver of Notice of Special Meetings was read and signed
by all members present. • _
Upon Motion of Councilman Hammerly; sedonded by Councilman - :
Caulkins the following changes were approved to the Bessie Miller
Chamblin contract dated October 22 , •1962, by a. unaminous roll call -
vote.
Insert following paragraph as 5 a. into the original contract;
5d. The Party of the second part , The Town of Leesburg , shall
take no action to extinguish any easement for light and/or telephone
lines running across the lands to be retained by the Town of Leesburg
to those lands to be conveyed to Chamblin, and should the burial or
relocation of said lines be required in order to continue the appropriate
utility services to Chamblin by reason of the construction and operation
of the said airport , the Town of Leesburg covenants that it will save -
harmless the party of the first part from any expenses resulting
thereform.
and that the changes pertaining to paragraph (6) be changed
to include the following
( 6) "provided the party of the First Part , Chamblin, is •
compensated by the Party of the Second Part , The Town of Leesburg,
for additional land needed at the rate of $400.00 per acre and
further provided that these additional lands taken do not exceed
ten (10) acres" and
BE IT RESOLVED , by the Council for the Town of Leesburg that
the Mayor is authorized to initial the above changes for the Town of
Leesburg and the changes become a part thereof.
Upon Motion of Councilman Pumphrey; seconded by Councilman
Lowenbach and there being no further business to come before this
Special Meeting of the Leesburg Town Council the meeting was adjourned
with General Consent at 6:16 P .M.
y42✓� >i i
Mays
Recorder
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