HomeMy Public PortalAbout1962_11_12 117
PUBLIC HEARING
A.- duly advertised Public Hearing was held in the Council -Chambers
Leesburg , Virginia on November 12 , 1962.
Mayor Frank Raflo called this meeting to order at 7:00 P.M. to
hear from interested citizenson the proposed Amendment to -the Leesburg
Zoning Ordinance to -provide for a "R-3 Town House Residence" toning
Classification. . -
Interested •citizens appearing in favor of the proposed amendment
were Carlton Penn, John Ours and .J. 0. Williams. . .
•
II
There were no persons appearing -in. opposition to this proposed
amendment: .
Mayor Raflo stated that a resolution would be .placed on the
Agenda for action at the next regular meeting of the Council.
i
00 Minutes of the Regular Meeting of. the Leesburg, Town. Council', .
Q; November 12 , 1962.
U-
(.:.1 A. Regular Meeting of the Leesburg Town Council was held in the
CZ Council Chambers , Leesburg, . Virgiriia. on November 12 , 1962.
x
Mayor Raflo called the meeting. to order at 7:30 P.M. ' Councilmen
present were Stanley F. Caulkins , George P. HammErly, Lynwood L.. Lay,
Hunter M. Leach, Maurice R. Lowenbach and John W. Pumphrey.
rt , .
In the absence of the Recorder Robert C. Forbes was appointed
Recorder pro-tem. . .
' - ._
Mayor Raflo read a letter from C. Herbert Pearson, Coordinator
IIof Civil Defense for ;Loudoun County. • - -
Robert C . Forbes' was appointed by Mayor Raflo, as coordinator
for the Town of Leesburg. ' -: • - • . .1..°
The Mayon gave his report to the Council.
-
The Town Manager gave his report to the Council. .
Mayor Raflo read a letter from the "Planning. Agency •for •
Hospitals" and there being a delegation present' invited speakers. . •
Mr. Waddell, Administrator for Loudoun.County Hospital , explained
the approach to the problem of planning for future facilities for
the hospital; Mr. Floyd Johnson. spoke on the present condition of
the Hospital-and Dr. J. T. Jackson requested that a. member of the
Council _be appointed -to,_serve •as a member .of the Hospital Planning
Agency. •
Mayor Raflo informed the speakers. that a resolution would be
placed on the agenda for appropriate action at the next regular meeting
of the Town Council. '.
Mrs. Ester Clatterbuck and Mrs. Pauline Barrett appeared before
the Council requesting assistance 'in conducting .a Medical Self Help
IProgram.
Mayor Raflo stated that a resolution would be placed on the
agenda' for •consideration at. the next regular meeting of the Town
' Council. . . . ' • • .. - .
Upon Motion of Councilman Lowenbach; seconded by Councilman
Pumphrey the following resolution was brought before the Council for
eonsideration. . - . ' • _
J1
BE IT RESOLVED by the Council for the Town of Leesburg, in
Virginia,. that the Leesburg Planning Commission is authorized to ac-
cept the final plat of Section I, ,of the Exeter Subdivision with :a
variance in the required right-of-way width from existing North Street
to the proposed Wildman Street' andthat the Council will endeavor-to
obtain from Murray andCatherine •Dyer an additional amount of land
necessary for E 50 foot right-of-way for street purposed for the •
above mentioned distance of approximately 220 1Eneal feet. -
Upon Motion. of Councilman Lowenbach; seconded by Councilman
Pumphrey the move resolution was withdrawn from the table.
Upon Motion of Councilman _Leach; seconded' by 'Councilman
Caulkins the regular meeting of the Leesburg Town Council was moved
to an Executive Session of the Town Council by a unaminous roll
call vote at 8:40 P.M.
Upon Motion of Councilman Lowenbach; seconded by Councilman
Caulkins the Council was reconvened to a regular meeting by a\unaminous
roll call vote.
The Regular Meeting of the Leesburg Town Council was called
back into session at 8:46 P.M. by Mayor Raflo. 4
The above resolution was tabled until the next meeting of the
Leesburg Town Council by general consent of the Council Members.
Upon Motion of Councilman Lowenbach; seconded by Councilman
Caulkins the following resolution was unaminously approved by a roll
call vote.. •
•
WHEREAS the following Deed of Dedication and Deed of Vacation.
have been prepared in accordance with the final plat of Dry Mill Sub-
division and said Plat was signed by. the Chairman of the Leesburg Plan-
ning Commission on November 3 , 1962 ,
•
THEREFORE, BE IT RESOLVED, by the Council for the Town of Leesburg II;
in Virginia, that the Mayor and Recorder are hereby authorized and
' directed to sgn the Deed of Vacation •and Deed of Dedication on behalf
of the Town of Leesburg which are spread in hac verba. hereafter::
THIS DEED OF VACATION, made this 7th day of April , 1962 , by
and between THE TOWN OF LEESBURG , in Virginia, a Municipal Corpoaation,
party of the first part; HEDRICK L. WOLFORD and JOSEPHINE C. WOLFORD,
his wife, parties of the second part; LLEWELLYN A. RUBIN and IDA MARIE
RUBIN, his wife , parties of the third part , and ELIJAH FRANKLIN MYERS, III,
and ANNIE,F. MYERS, his.wife; and G. SHIRLEY MYERS and ALMA S. MYERS,
his wife, parties of the fourth part;
WITNESSETH : •
That WHEREAS, the Final Plat of Dry Mill Subdivision in the
Town of Leesburg, Loudoun County, Virginia, which is recorded in
Plat Book 9 , Page 32 , in the Clerk' s Office for the -County aforesaid ,
contains: the following provision: "Portions of cul-de-sac on WAGE Drive
outside of dotted lines are to revert to lots from which they were
taken when 50 ft. reserved strip is dedicated and extended as an out-
let to Dry Mill Road" , and
WHEREAS, the aforesaid fifty foot strip, as shown onsaid plat,
has been dedicated to public use and extended as an outlet to Dry Mill
Road , as shown on the said Final Plat of Dry Mill Subdivision as •
revised and corrected by R. J. Ratcliff and M. W. Secord , Certified
Land Surveyors , dated 30 March 1962 , recorded contemporaneously
herewith; and
WHEREAS, Hedrick L. Wolford and Josephine C . Wolford , his
wife, parties of the second part , are the owners of Lot No. 5 and •
are entitled to be vested in fee simple of the portion of the culde-
sac at the front of said Lot No. 5; and
WHEREAS, Llewellyn A. Rubin and Ida Marie Rubin, his wife,
parties of the third part are the owners of tot No. 6 and are entitled
to be vested in fee simple of the portion of the cul-de-sac at the
northeast corner of Lot No. 6; and
119
WHEREAS, Elijah Franklin Myers, III , G. 'Shirley Myers and '
Alma S. Myers , his wife, are the subdividers of said subdivision; and -
WEEREAS, it' is the desire and intent of the parties hereto, as
is evidenced by their signatures and seals affixed to this instrument,
to vacate from public use the portions of the cul-de-sac on WAGE Drive
which will not hereafter be used as and for a part of said public
street within said• cul-de-sac , and vest title thereto in' the present
owners of the respective lots affected thereby., the parties of the -
second and third parts constituting all .of the land-owners abutting"
upon the part of WAGE Drive to be vacated , and such vacation not .de-
stroying or abridging any of the rights or privileges of any other
IIproperty owners within..the bounds of the area of land shown on said
plat;
f
'NOW, -THEREFORE, THIS DEED FURTHER WITNESSETH: That for and
in consideration of the premises and the sume of ONE DOLLAR ($1.00)
paid by the parties of the second part and likewise paid by the parties
of the third part to the party of the first. part , the receipt whereof
is hereby acknowledged , the said Town of Leesburg , in Virginia, a
Municipal Corporation, party of the first part , and Hedrick L. Wolford
and Josephine C . Wolford , his wife, parties of the second part;
Llewellyn A. Rubin and Ida Marie Rubin, his wife , parties of the third
00 part; and Elijah Franklin Myers , III and Anne F. Myers , his wife,
Q; parties :of the fourth part , do hereby vacate the portions of the cul-
t. de-sac at the north end of WAGE Drive originally shown for reversion
L:] on the Final .Plat of Dry. Mill Subdivision. by R. J. Ratcliff and M.
:Y W. Secord , Certified Land . Surveyors , dated 14 March 1958 , among the
ac land records of Loudoun County,, Virginia'1, in. Plat Book 9, Page 32, and
by revised Final. Plat dated 30 March. 1962, of R. J. Ratciff and
M. W. Secord., Certified Land Surveyors , recorded contemporaneously
herewith, now shown to revert to the lots from which. they were re-
spectively taken, _namely, Lots Nos. 5 and -.64 the respective portions
thereof being described by metes and bounds as fdllows:
LOT NO. 5: ' •
",Beginning at a point in the easterly line of WAGE Drive , said
II
point being N 5° 35' 40"' E 5.93 feet from the common cor-
ner of, Lot 5 and 4 and at .the • intersection of the 50 . foot
radius line on the east side of the turning radius at the
end of WAGE Drive, thence running..with the front line of '
Lot 5, being the extension of the easterly .line of WAGE
Drive, N 5° 35" 40" E 86.60 feet .to a point, being the
intersection of the 50 •foot radius line on the east side
• of the turning radius at the end of WAGE Drive, thence
running with the :line .of- .said. turning radius (within • -
present Lot 5) an arc distance of 104.72 feet to the ' • •
point of beginning and -containing 1,536 square feet of •
land'." • ' - - -
LOT NO. 6:
"Beginning at a .point in the westerly line of WAGE Dribe
said point being N 5° 351 40" E 55.36 feet from the com-
mon _corner of Lot 6 an4 -7 .and .at the intersection. of the
50 foot radius line, on the west side of the turning radius
at the end of. WAGE Drive , thence running with theoriginal -
turning radius line (now within Lot 6) on .a curve to the
right whose radius is 50.001feet an arc distance of 2 .79
feet to a point in the northerly. line of Lot 6, N 89 �71
30" E 2 .38 feet to point of curve, thence running with
curve to the right, whose radius is 20 feet, an arc dis-
t tance of. 33.56 feet to the point of. tangency, thence con-
tinuing along the westerly Tine of. WAGE Drive, S 5° 35'
40!'- W. 18.36 feet to the beginning•.. and containing 489
square feet of land."
•
Andthe Town of Leesburg, in Virginia., a Municipal Corporation,
party of thefirst part, and_• Elijah Franklin Myersr, - III -and Anne F:
Myers , his wife , and G. Shirley Myers and Alma S. Myers , his wife,
parties of the. fourth part , do, by 'these presents , grant and convey
unto Hedrick_ L. Wolford 'and Josephine C. Wolford , his wife, parties
of the second part , such property rights •as they may have in the land
hereinabove .descithbed to revert to Lot No. 5; and the said parties of
the first and fourth parts do likewise hereby grant and convey unto
Llewellyn A. Rubin and Ida Marie Rubin, his wife, parties of the
third part, such property rights as they may have in the land herein-
above described to revert to Lot No. 6, it being the intent hereof to
1 vest in the parties of the second : part' fee- simple. title to the. above
described"portion of Lot No. 5, and to vest in the parties of the -
7.20 - -
third ' part fee simple title to the- above-described portion of Lot .
No. 6. . . - • r - .
The -parties of -the second part and the:parties of the third
part unite herein as evidence of their consent to and request for
the vacation aforesaid . -
The Town of Leesburg, in -Virginia, a. Municipal Corporation,
in addition to its release and conveyance of its interest in the •
land aforesaid to the respective lot-holders , doth approve the vacation
aforesaid . _ -
WITNESS the following signatures and seals:
THE TOWN OF LEESBURG, in II
•• • • - Virginia, a •Municipal Corporation •
(SEAL) . - - By _ •
Mayor
•
ATTEST: _ •
Recorder . . . •
.- . /s/ Hedrick L. Wolford • ( SEAL)
•
. /s/ Josephine C . Wolford $BEAL)
• • /s/ Llewellyn A. Rubin ( SEAL) • '
• . ./s1 Ida:Marie Rubin • (SEAL)- • • •
/s/ Eliiah Franklin Myers. III(SEAL)
/s/ Anne F. Myers (SEAL)
• /s/ 'G. Shirley Myers (SEAL)
•
' /s/ Alma S. Myers (SEAL)
II
STATE OF VIRGINIA ) - - - . .
) , To-wit: ,
COUNTY OF LOUDOUN ) . ' .
I, , a. Notary Public in and for the State '
of Virginia, County of- Loudoun, do hereby .certify- that FrankRaflo `
and H. Frederick Mang , whose names as Mayor and Recorder , respectively,
of the Town of Leesburg , are signed to khe•. f.oregoing writing bearing
date on the 7th day of April, 1962 , have this day acknowledged the
same before me in my State and County. aforesaid .
Given under my hand this day of April, 1962.
• - • - - Notary 'Public -
My Commission Expires:
STATE OF VIRGINIA) - -
- ) TO-Wit:
COUNTY OF LOUDOUN) _ . - • • •
I, Joanne C. Smoot, a Notary Public in and for the State of •
Virginia, County of Loudoun, do hereby certify that Elijah Franklin IIMyers , III, and Anne F. Myers, whose names are signed to the foregoing
writing bearing date on the 7th day of April, 1962 , have this day '
acknowledged the same before me in my County and State aforesaid .
Given under -my hand -this 7th day of Aprill1962. •
/s/ Joanne C. Smoot
Notary ,Public •
March Commission Expires: -28 196 6 •
STATE OF VIRGINIA )
• • ) To-Wit: -
COUNTY-)F LOUDOUN ) .
I, -Joanne C. Smoot , a Notary Public in -and for the State of
Virginia, County of Loudoun, do hereby certify that G. Shirley Myers
•
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and Alma S . Myers,. whose names are signed to the foregoing -writing bearing
date on the 7th day of April, 1962 , have this day acknowledged the
same before me in my County and State aforesaid .
Given under my hand this 27th day of September, 1962 .
•
•
/s] Joanne C. Smoot
• • - I Notary Public
My Commission Expires: 28 March 1966
STATE OF VIRGINIA ) • - 2 . - •
- ' ) Tb-Wit: - . .. 1 . ' •
., COUNTY OF LOUDOUN ) . - - . ,
I, Joanne C. Smoot a. Notary Public in and for the. State of
Virginia, County of Loudoun do hereby certify that Hedrick L. Wolford a
and Josephine C. Wolford-, whose names are signed to the foregoing
writing bearing date •on the .7th. day. of April, 1962, have this, day.
acknowledged the same before me in my County andState aforesaid.
Given under my. hand this 9th day - of April, 1962.
/s/ Joanne C . Smoot
00Notary Public
Cr: My Commission Expires: 28 March 1962
I . _
``L- STATE OF VIRGINIA )
To-Wit:
COUNTY OF FAIRFAX )
I Reginald Vulmatubt, KNotary Public in and for the State of
Virginia, County of Fairfax, do hereby certify, that Ida Marie Rubin
and Llewellyn A. Rubin, whose names are signed to the foregoing
writing bearing date on- the, 7th- day of April, 1962, have this day
acknowledged the same before me in my County and State aforesaid .
Given under my hand this . 7th day of April , •1962. •
1 /s/ Reginald Vulmatubt
Notary Public-
My Commission Expires 10/31/64
THIS DEED OF DEDICATION , made this 7th day of April, 1962 , by
and between ELIJAH FRANKLIN MYERS, III, and ANNE F. MYERS, his wife,
and G. SHIRLEY MYERS and ALMA S. MYERS, his wife, parties of the first
part; Llewellyn A. Rubin and- •Ida'Marie RUBIN,: his- wife., parti'es ' of
the second part; and THE TOWN OF LEESBURG, in Virginia, a Municipal
Corporation, party of the, third. part;..
_
WITNESSETH : , •, ..
That WHEREAS, Elijah Franklin Myers , III , G. Shirley Myers and
Alma S. Myers, his wife, are the subdividers of• 'Dry Mill Subdivision' ',
as the same is duly platted in Plat Book 9, Page 32 , among the land
records of Loudoun County , Virginia, and the parties of the second
part are then,owners of Ltt No.•"6 thereof; 'and_- • ,r- . .
WHEREAS, it is the desire of the parties of the first andsecond
parts to dedicate a portion of-Lot No. 6 of the "Dry Mill Subdivision"
to public use, as and for .for. a public 'street; •' • "
IINOW, THEREFORE , inconsideration of the- sum of ONE DOLLAR ($1.00) ,
cash in hand paid by the party of the third part to each of the parties
of the first and second parts , the receipt whereof is hereby acknowledged ,
the said Elijah Franklin Myers , III, and Anne F. Myers , his wife , and
G. Shirley Myers and Alma S. Myers , his wife , parties of the first
part , do hereby dedicate to public use the following described parcel
of land as and for a public street, as shown on final plat of Dry Mill
Subdivision, as revised 30 March 1962, by R: .J. -Ratcliff and M. W.
Secord , Certified Land Surveyors and recorded contemporaneously here-
with, which said parcel of land is described by metes and bounds as
follows: - - -
�. . • • 1
12 2.
"Beginning at the 'northwest corner of- the original -Lot, .
6 and in the line of Parcel '14' , ,thence running with
the - southerly line of Parcel 'A'-, N 89° 27' 30' E , • •
150.87 feet to a point, the westerly line of WAGE Drive
thence running with the westerly, line, of 'WAGE Drive , : ; c .
S 5° 35' 40" W 4.30 feet to a point , then intersection
of a 50 foot 'radiusi turn around curve at the end of
WAGE Drive; thence running with the line of said curve,
whose radius is 50 feet , on a curve to the left , an
arc distance of 61.93 feet to a point in the north line
of Lot 6 S 89° 27' 30" W 126.22 feet to a point, the .
northwest corner of Lot 6, thence running with-the out-
line of Dry Mill Subdivision, N 50 351 40" E 50.29 feet .
to the point of beginning and containing 6,417 square
feet of land ." .
•
The parties of the first: .part warrant that .the 'titl& to the -
area hereby dedicated is free .from liens or encumbrances , and .that
such dedication is with the free consent and in accordance with the
desire of the subdividers and owners , the parties of the first part.
WITNESS. the following signatures and seals:
• . %s/ Eaiiah Franklin MyersII SEAL)
Ls/ Anne F. Myers ( SEAL)
•
/s/ G': Shirley Myers ( SEAL)
/s/ Alma S. Myers ( SEAL)
• /s/ Llewellyn A. Rubin • (SEAL)
/s/ 'Ida Marie •Rubin ( SEAL)
STATE OF VIRGINIA )
) To-Wit: „ . . -..
COUNTY OF LOUDOUN ) •
• I, Joaririe C: Smoot, a. Nbtary Public in and for the State of
Virginia, County of Loudoun, do hereby certify that Elijah Franklin
Myers , III, and Anne F. Myers , his wife , whose names are signed to
tte foregoing writing bearing date- on -the 7th day of April, 1962,
have this ,day=acknowledged the same before me in my County and State
aforesaid .
•
Given
foresaid .Given under my hand this 7th day of April , 1962. •
/s/ Joanne C. Smoot
- . Notary Public
My Commission Expires: 28 March 1966 -
STATE OF VIRGINIA )
) To-wit:• . - • .
COUNTY OF L'OUDOUN ) •
I, Peggy S . Graham, a Notary Public in, and for the State of •
Virginia, County of Loudoun, do hereby certify that G. Shirley Myers
and Alma 8. -Hyers, his wife , whose namesare signed to the foregoing
writing bearing date on the 7th day of April, 1962, have this day' ac-
knowledged the same before me in my County and State aforesaid. " •
- Given under my hand this 22nd day ofrOctober,71962. • .
• • - /s/ Peggy S. Graham
Notary Public
My Commission Expires: 13 September 1966 •
STATE OF VIRGINIA )
• ) To-Wit: •
COUNTY OF FAIRFAX ) . . _ •
I , Reginald Vulmatubt, a. Notary Public in and for the State of
Virginia, County of Fairfax, do hereby certify that Llewellyn A. Rubin
and Ida Marie Rubin, his wife, whose names are signed to the foregoing
writing bearing date on the 7 day of April, 1962 , have this day
acknowledged the same before me in my State and county , aforesaid.
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Given under my hand this 9th day of April, 1962.
/s/ Reginal Vulmatubt
Notary Public
My Commission,Expires: 10/31/64
Upon Motion of Councilman Lowenbach; seconded by Councilman .
Caulkins the following resolution was unaminously approved by roll
call vote.
BE IT RESOLVED by the Council for the Town of Leesburg, in Vir-
ginia, that the sum of $338.00 is hereby appropriated from the Utility
'
Fund and the sum of $720.00 from the General Fund• to "pay the bills
dated October 31, 1962,. of Richard Hill and George Martin for Special
Legal services , the $338.00 connected with the Paxton Home water supply
and proposed condemnation of the Phillips-Nickels well; and the $720.00
for acquisition of an airport site.. _ ,
Upon Motion of Councilman Lowenbach; seconded by Councilman
Caulkins the following resolution,was unaminously apprved -by roll
call vote. ,
Z BE IT RESOLVED by the Council .for the Town of Leesburg , in
Q: Virginia, that the following .Agreement, which-shall bespread on the
tom. minutes in had verba, be and thesame is hereby adopted , and the Town
C=-' Manager is designated escrow agent for the Town of Leesburg. • `
s
AGREEMENT
WHEREAS, •G. Shirley Myers , Alma S. Myers and E. Frank Myers ,
Principals, and Fidelity andDeposit Company of Maryland , Surety, are
he ld and firmly bound unto the Town of Leesburg , in. Virginia, in the
sum of $5000.00 dollars• under a. surety bond dated November 3rd., 1960,
and
WHEREAS, certain street improvements were to be installed by the •
Principals on Wage Drive in Section I of the Dry Mill Subdivision by
I
November 3 , 1962, and
WHEREAS, These improvements have not been completed under the
terms of the surety bond , the Principals hereby agree to have con-
structed and completed the curb and gutter , all drainage facilities,
driveway entrances , and •.road -base, course materials, all in -accordance
with plans -.and " specifications -approved by •the Virgnia -Department of -
Highways , no later than November 21, 1962 , and furthermore , the '
Principals hereby agree to place in escrow the sum of $2000.00 dol-
lars, ,such money -to be usedito complete the surface treatment of
Wage Drive and reworking and shaping of the base course prior to .
April 30th,. 1962 , all construction and the acceptance thereof shall
be subject to the approval and acceptance of- the -Virginia Department
of Highways,
•
All ,payments from the above mentioned escrow account shall be by
check or checks signed by the principals -and -a duly authorized rep- .
resentative of the Town, -of, Leesburg.• -;The Principals -shall.rdeposit , '•f
the above mentioned sum of $2000.00 dollars in said escrow account and
make all arrangements for signature cards and other •matters concerning
the account. The escrow account ahall.be held in eith The Peoples
National Bank. of Leesburg or The Loudoun National Bank of Leesburg ,
and shall",be established by November 16, 1962. . . _
In consideration" of the.cabove, the Town Council of the. Town of
IILeesburg, in, Virginia, hereby resolves to release: the -Principals of. '
the surety bond dated November 3 , 1960,, in the amount of $5000.00,• •
. said release to be effective upon the establishment of the above
mentioned escrow account and, the completion of the -above mentioned
improvements and. construction which are. to be completed- by: November
21st , 1962 , and if •the , escrow account- and improvements are not com
pleted by November 21st, 1962, the Council for the Town of Leesburg
will request the Surety to fulfill its -obligations.
Being in agreement with the above the following signatures are
hereby affixed:
124
G. Shirley Myers /s/ G. Shirley Myers ( SEAL)
Principal
Alma S. Myers /s/ Alma S., Mver's QSEAL)
Principal
E. Frank-. Myers /s/ E. Frank Myers (SEAL).
• Principal
Town of Leesburg /s/ Frank Raflo (SEAL)
Mayor.: ,
IN WITNESS WHEREOF, I have her'eunto :subscribed my name and, • •
affixed the seal of the Town of Leesburg, Virginia .this : day of
Novermber, 1962.
•
/s/ H.:Frederick Mana.Recorder •
•
Upon Motion of Councilman Caulkins; seconded" by Councilman
Lowenbach the following resolution was approved by a unaminous roll
call vote.
•
BE- IT 'RESOLVED by- the Councilfor the Town of Leesburg, in 7 '
Virginia, that the Mayor be and he is hereby authorized to file any
and all applications on 'behalf of 'the Town of Leesburg with the- •
Planning Commission for the County of Loudoun or Board of Zoning
Appeals for the County of Loudoun and the State Corporation Commission
to secure the required permits for the operation and maintenance of
an airport . by the Town of Leesburg , or its duly constituted -Airport
Commission, . at the Chamblin-Spitler site, and , = • • " '
.BE IT.FURTHER RESOLVED that the Treasurer for the Tbwn of'•.
Leesburg is hereby authorized to make -the necessary expenditures re-
quired to file such applications when requested to do so by the
Mayor, or the Town Attorney. ,
Upon Motion of Councilman Pumphrey; seconded by• Councilman -
Lowenbach the following resolution was unaminously approved by roll
call vote.
WHEREAS, the Planning Commission for the Town of Leesburg did
at a regular; meeting held on -August 911962, approve the resubdivision '
of lots 27 and 28 and the relocation of Hafrison Street in Section I
of the 'Virginia Village Subdivision, -
THEREFORE, BE IT RESOLVED, by the Council for the Town .of Lees-
burg, in Virginia, that the Mayor and Recorder are hereby authorized
and directed to signe the attached Deed of Dedication and Vaction -'
which is spread in hac verba hereafter.
•
THIS DEED OF DEDICATION AND VACATION, made this 7th day of
September; .1962 , by and between LOUDOUN PROPERTIES, INC. , a Virginia
Corporation, party of the' first part; and THE TOWN OF LEESBURG; in' -
Virginia, a municipal corporation, party of the second part;
W I TIN E S S E 'T H 3 ' .. ' •
•
That WHEREAS ,. the, party' of the first 'part has resubdivided a
certain portion of its lands in The :Town of Leesburg, Loddoun County,
Virginia, known as Section. I of Virginia Village , the affected portions
thereof being Parcel "M" , Lots 27 and 28 -and relocatkon of Harrison
Street (formerly Buick Drive) , of Patton and Kelly, Certified Land
Surveyors ,. dated 3 July 1962; and - -
•
WHEREAS, the location of Harrison Street, which was formerly
named and. recorded as Buick Drive , is altered by virtue of such re-
subdivision, and it is the desire and intent of the party of the first
part, by this instrument, to dedicate the area shown on said plat as
South Harrison Street for. the use and benefit of the public as and
for a public street; and
125
WHEREAS, it is the desire and intent of the parties hereto, 'as
evidenced by their signatures and seals affixed to this instrument, to
vacate and consent to the vacation of a portion of said lands previously
dedicated as a part of Buick Drive, not now within 'South Harrison
Street as platted and shown upon the aforesaid plat of resubdivision,
the party of the first part being the only landowner abutting on said
street , and such vacation riot destroying or abridging any of the rights
or privileges of other property owners, within the bounds of the area
of land shown ori such plats;
NOW, THEREFORE , 'THIS DEED WITNESSETH:. That for and in con-
sideration of the premises and the sum of ONE DOLLAR ($1.00) paid by
. the party of the second part unto the party of the first part, the
receipt whereof at and before the signing and delivery of this deed
I
is hereby acknowledged , Loudoun Properties , Inc. , a Virginia Cor-
poration, party of the first part , doth hereby dedicate to public use
all of that certain area-of land •knowh as "South Harrison Street" in
the Town of Leesburg, Loudoun County, Virginia, in Section I of
Virginia Village , as the same is duly platted. by Patton and Kelly,
Certified Land Surveyors, dated 3 July 1962, which said plat is recorded
herewith, and made a part hereof.
The party of the first part doth hereby vacate , with the consent
of the party'of . the second part, all of the area of the land in said
pr Section I of• VirginiaVillage , as previously platted and recorded as •
Cr: Buick. Drive; abutting on 'Lots. 27 and 28 , ad .not .contained, within the
xN area delineated as South Harrison. Street upon bhe plat of 3 July 1962,
aforesaid , and which is designated "portion of existing Harrison
x: Street South to be vacated" thereon.
The party 'of the first part warrants that the title to South
Harrisoh Street: is free from liens or encumbrences, and that such
dedication and resubdivision is withits free consent , and in ac-
cordance with the desire of the owner, Loudoun Properties, Inc. , the
party of the first part.
WITNESS The following signatures and seals:
II
LOUDOUN -PROPERTIES, INC.
(SEAL) By
President
/s/ Alfred W. Gardiner
Secretary
THE TOWN OF LEESBURG
By
( SEAL) Mayor
ATTEST: - -
Recorder
STATE OF VIRGINIA )
COUNTY OF ARLINGTON) To-Wit:
I, Cyle M. Taylor , a Notary Public in and for the State of
Virginia, County of Arlington, do hereby certify that John H. Ours
I
and Alfred W. Gardiner, whose names as President and Secretary , re-
spectively, of Loudoun Properties, are signed to the foregoing
writing bearing date on the 7th day of Inc . ,eptember, 1962, have this
day acknowledged the same before me in my State and County aforesaid .
Given under my hand this17thday of September, 1962.
(SEAL) /s/ Cyle M. Taylor
My Commission Expires: 8-15-64 Notary Public
12o
STATE OF VIRGINIA )
) To-Wit:
COUNTY 1F LOUDOUN ) •
I, = , a. Notary Public . in .and for the :State .
of Virginia, County of Loudoun] do hereby certify. that Frank •Raflo , "
and H. Frederick Mang, whose names as Mayor and Recorder respectively,
of The Town of Leesburg , are signed to the foregoing writing bearing
date on the day of September , 1962 , have this day acknowledged
the same- before me" in my State andCounty aforesaid .: . ,- •
•
Given -Under my hand this day of September, .1962
=U . -- '
. . - %s/
Notary Public
My Commission Expires: •
;
* * * * * * *'
•
Upon Motion of 'Councilman Pumphreyi seconded by Councilman •
Lowenbach and there being no further business to come- before the
Council at` this time the meeting ,wa§ adjourned -with, the general con-
sent of the `Council. at !9:42 P .M.; • ..
/ / .
• /L /- :% e.
• . . . Mayor �.
Recorder ply ,
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