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Minutes of.the .Regular . Meeting of the Leesburg Town Council, -
December 10, 1962
A Regular Meeting of the Leesburg, Tbwn Council was held in the
Council Chambers, Leesburg, Virginia on December 10, 1963.
Mayor Frank Raflo called the meeting to order at. 7:35 P.M.
Councilmen present were Stanley F. Caulkins , George P. Hammerly, Lynwood
Lay, Hunte M. Leach, Maurice R.. Lowenbach and . John _W. Pumphrey.
The Town Manager gave his report to the Council.
Upon Motion of Councilman Lowenbach; . seconded by Councilman
Hammerly the following resolution was unaminously approved by. a roll
callvote.
BE IT RESOLVED by the Council for the .Town -of Leesburg , in
Virginia, that the Mayor and Recorder are hereby authorized and
directed to sign the following Agreement which is spread in hac verba -
hereafter.
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THISAGREEMENT , .made this . day of , 1962 , by and
between Herbert -A. Sumney, hereinafter called the "Owner" , and The
Town of Leesburg. in Virginia, a municipal corporation, hereinafter
known as "The Town" ;
W I T N E S .SE T H: •
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THAT _WHEREAS, there is currently pending in the Circuit Court ,
for Loudoun County , Virginia, a_certain.Chancery..cause styled Herbert
A. Sumney, Complainant , vs. The Town of Leesburg in Virginia, a mun-
icipal corporation, Defendant, in Chancery No. 2200, and
WHEREAS , said parties hereto desire to compromise the dif-
ferences between them respecting said Chancery taus;
NOW, THEREFORE, for and - in consideration of the mutual covenants
and agreements hereinafter contained and for the sum ofOne Dollar
($1.00) cash in hand paid to each party, and the signing and sealing
of this agreement, said parties hereby agree as follows , to-wit:
1. The "Owner" hereby agrees to transfer , assign and convey
by appropriate instrument all right , title and interest that said
owner acquired in and to the so called Honiconwater line andeasements
appurtenat thereto conveyed to said owner by deed recorded in Deed
ooks 382 Page 24, 397, Page 61 and 398 , Page 45 in the ClerW' s Office
r'or the Circuit Court for Loudoun County, Virginia.
2. The owner agrees to release the Town from any and all claims
demanded by owner of the Town for the use of said water line and to
dismiss the said suit with prejudice.
3. The Town hereby agrees that in consideration therefor it
will pay over the sums received from two connection feeds totaling
$325.00 and will pay to said owner the sum of $200.00 for each connection
hereinafter made on said lines , but the "Town" shall have the sole
discretion at any time from the date hereof to discontinue and abandon
furnishing water through said lines for the purpose of distributing
water for home or commercial consumption and such abandomment and
discontinuance shall be evidenced by formal resolution of the Council
and the owner shall have no further rights or claims against the Town
from the date of adoption of the resolution.
4. The Town also releases the owner from any claims for the
cost of maintenance of said lines either previously incurred. or
hereafter incurred .
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WITNESS the following signatures and sealsi' •
( SEAL)
( SEAL) TOWN OF LEESBURG IN VIRGINIA
Attest: • • ny
Mayor
Recorder •
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(SEAL)
Herbert A. Sumney
Upon Motion of Councilman Hammerly; 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 Virginia, that the sum of $3500.00 is hereby appropriated from
the General Fund to the Airport Commission to be used to pay for the
necessary engineering and property survey services for the proposed
airport construction.
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Cr. Upon Motion of Councilman.Pumphrey; seconded by Councilman •
t` Lowenbach the following resolution was unaminously approved by a
�= roll call vote. __ _ •
CC
BE IT RESOLVED,. by the Council for the Town of Leesburg , in
Virginia, that Robert C. Forbes is hereby appointed Acting Town
Manager, .effective January 1, 1963, and shall serve at the pleasure
of Council,
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. Upon Motion of Councilman Hammerly; seconded by Councilman
Reach and there being no further business to come before this session
of the Qouncil the meeting was adjourned with general consent at
7: 57 P.M.
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Recorder •
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