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HomeMy Public PortalAbout1962_10_22 1Ii.. Minutes of the Regular Meeting of the Leesburg Town Council, October 22, 1962 • 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. II . 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. . 00 ' BE IT RESOLVED by the Council for the Town of Leesburg, - in t- Virginia, that the Virginia. Department of Highways is hereby requested Cz: 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. - - 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; • : :- . I WITNESSETH: . . - _ That for the mutual considerations and advantages accruing to each party hereto, the said parties agree and contract as followsr i 11'2 • • • (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. - -- 113 (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. - - - -- .. . . I (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. . . 1 1 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 . • Accepted .this. 24th day. of:October , 1962. . - • BESSIE MILLER CHAMBLIN .By :/s/. .Charles R. (SEAL) . - r• . • Miller . . Charles R. Miller• • •. . . her 'attorney in fact - * * * * * * • • 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 • 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) • 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. • • . 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 • -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. ,. . . • 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 . __ - - Minutes of a Special Meeting of the Leesburg Town Council, Ootober 29, 1962 • 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. _ • . • 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 1 •