HomeMy Public PortalAbout1963_04_18SPEC WAIVER OF NOTICE
OF
_ e
SPECIAL MEETING
APRIL 18, 1963
We, the undersigned, being members of the Town Council
of the Town of Leesburg, in Virginia, do severally waive
all statutory and Charter requirements as to notice of time,
place and purpose of a Special Meeting of the Town Council .''A+
and consent that the meeting shall be held in the Council
Chambers of the Town Council at 7:30 P.M. , Thursday, April •
18, 1963, for the purpose of consideration of a proposed
change in the "Thorofare Plan" north of Dry Mill Road, and
any such other business as may come before said Council.
Frank Raflo, Ma�
tan -y aulkins / Hunter M. Leach
��/
lce !�L /nbach, J
Geor: - P. Hammerly / Ma rice R. Lo enbach, J r
Lynwood L. Lay J. fn W. Pumph ey
�S:
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MINUTES OF SPECIAL MEETING OF THE LEESBURG TOWN COUNCIL, APRIL 18, 1963.
A special meeting of the Leesburg Town Council was held in the Council
Chambers, Leesburg, Virginia on April 18, 1963. Mayor Raflo called the
special meeting to order at 7:30 P.M. Councilmen present were : Stanley F.
Caulkins, George P. Hammerly, Maurice R. Lowenbach, Jr. and John W. Pumphrey.
In the absence of the Recorder, Robert C. Forbes was appointed Recorder Pro
Tem.
r +. • The Waiver of Prior Notice of this special meeting was signed by all
members present. See attached Schedule "A".
A proposed change in the Town Master Thorofare Plan to re-route the pro-
posed circumferential street through General Colson 's property on Dry Mill
Road was discussed with members of the Planning Commission.
Upon motion of Councilman Hammerly, seconded by Councilman Caulkins, the
following resolution was approved. Voting yeas, Councilmen Hammerly, Pum-
phrey, Lowenbach and Caulkins.
-�
WHEREAS, the Town of Leesburg, in Virginia, a municipal corporation,
00 has heretofore approved the final plat of Section I of Exeter Sub-
Cr. division located within the Town of Leesburg, Virginia, and the said
C'_: municipal corporation has heretofore committed itself to acquire
(r from Murray Dyer and Anna Dyer, his wife , sufficient land at the
CC eastern end of North Street for the extension of said street at a
width of fifty feet , according to plans and specifications hereto-
fore filed with said municipal corporation; and
WHEREAS, the said municipal corporation has found it impossible to
acquire amicably fee simple title to the lands aforesaid, but rather,
can acquire a fee simple title to only such lands as will provide
for a forty foot right-of-way instead of the approved fifty foot
right-of-way for a distance of approximately two hundred fifty
feet, and
' WHEREAS, the Town desires to be relieved of its commitment to acquire
the additional land required to make the right-of-way for the afore-
said street fifty feet wide ; and
WHEREAS, the Town of Leesburg is willing to relieve the subdivider
of Exeter Subdivision from liability upon his bond and maintain
such portions of the street within such subdivision as may be af-
fected by the forty foot right-of-way width instead of the pre-
scribed fifty foot width ; and
WHEREAS, a variance should be granted the subdivider permitting the
forty foot right-of-way in lieu of the prescribed fifty foot right-
of-way; and
WHEREAS, the aforesaid municipal corporation and Walter L. Phillips
have covenanted and agreed upon certain construction and easements
to be accomplished and granted all as set forth in copy of Agree-
ment attached hereto and made a part hereof dated the day of
April , 1963, which- the said municipal -corporation desires to exe-
cute and perform;
NOW, THEREFORE, BE IT RESOLVED:
(1) That the previous action taken by the Town of Leesburg, in Vir-
ginia, a municipal corporation, committing itself to the acquisition
111
of sufficient land from Murray Dyer and Anna Dyer, his wife, to pro-
vide for a fifty foot right-of-way for the extension of North Street
be, and it hereby is, rescinded.
(2) That the Town of Leesburg, in Virginia, a municipal corporation,
doth hereby grant a variance to the subdivider of Exeter Subdivision
in the Town of Leesburg insofar as the acquisition of a fifty foot
right-of-way shall be concerned, but the said municipal corporation
156
.April 18, 1963 Meeting.
shall acquire such sufficient land from Murray Dyer and Anna Dyer ,
his wife, so that a forty foot right-of-way is available to the
subdivider for the construction of ,improvements as shown on plans
and specifications under date of now on file,
and the Planning Commission is,requested to make such amendment upon
the final plat as will indicate the lawful granting of this variance.
(3) That the Town of Leesburg, in Virginia, a municipal corporation,
upon completion of all improvements as shown upon the plans and
specifications aforesaid, relieve the subdivider and his surety
from any further liability upon his subdivision bond, and there-
after maintain the streets in said subdivision to the extent that
they may not .be maintained by the Virginia Department of Highways.
(4) That the appropriate officials of the Town of Leesburg, in
Virginia, a municipal corporation, shall forthwith execute the afore-
• said Agreement between Walter L. Phillips .and the Town of Leesburg
i--
appended hereto, and by this reference made a part hereof.
Upon motion of Councilman Hammerly, seconded by Councilman Caulkins,
the following Agreement was approved as part of the above resolution. Voting
yeas, Councilmen Hammerly, Pumphrey , Lowenbach and Caulkins.
THIS AGREEMENT, made this day of April 1963, by and between
WALTER L. PHILLIPS, party of the first part ; and THE TOWN OF LEES-
BURG, in Virginia, a municipal corporation, party of the second part;
WITNESSETH:
That for and in consideration of the sum of TWO THOUSAND TWO HUNDRED
DOLLARS (52,200.00) paid by the party of the first part unto the party
of the second part, and for the further consideration of the mutual
covenants herein contained , the parties hereto covenant and agree as
follows :
(1) The party of the second part shall install and complete , at its
expense, according to the plans and specifications dated
prepared by the party of the first part and approved by the State
Highway Department , the storm drain facilities not on the property
of the party of the first. part, and running from the South property
line of the party of the first part through Woodberry Road, tra-
versing the same, and thence through Woodberry Subdivision to the
East property line of the said subdivision.
(2) The party of the second part shall acquire from Anna Pyer and
Murray Dyer sufficient land and rights therein for the extension of
a street forty (40) feet in width from the easterly end of North
Street in the Town of Leesburg, Virginia, according to location and
specifications of physical improvements heretofore filed, it being
understood that there shall be no requirement for a sidewalk to be_
built on the portion of the property acquired from Dyer by the party
of the first part. The cost of land acquisition shall be borne -by
the party of the second part , but the cost of constructing the road-
way, curb and gutter shall be borne by the party of the first part.
(A�a) 4•ah,e pa rtk of thy'"`First part shall surface-treat the section
Sf+North Otreet of approximately fifty feet between the current end •
•
of' State maintenance and the property line of the party of the first
part, at the expense of the party of the first part, but the party
of the second part shall grade and prepare the rock base in accord-
ance with State Highway requirements.
(4) The party of the first part shall grant unto the party of the
• second part, free of charge , an easement for water line not more
than twenty('2dfeet wide, the deed of easement to be prepared and re-
corded at the expense of the party of the second part, as per survey
of Oliver B. Young, Certified Surveyor, dated 1 March 1963.
157
April 18, 1963 Meeting.
(5) It is mutually understood and agreed that time is deemed to be
of the essence in the performance of this Agreement, and the party
• of the second part shall acquire the land from Dyer and prepare the
base for the portion of the street mentioned in Paragraph 3 prior
• to the time that the party of the first part shall construct the
streets in Section I of Exeter Subdivision. The party of the second
part shall also install the above-described facilities for storm
drainage in Woodberry Subdivision at or before the time storm drain-
' age facilities shall have been completed in Section I of Exeter Sub-
division.
(6) It is mutually understood and agreed that the party of the first
part shall make no charge to the party of the second part for engi-
neering studies and/or surveying heretofore done pursuant to the
drainage study in the drainage area and preparation of plans and
• specifications for drainage facilities off the premises of the party
of the first part.
(7) The party of the second part agrees that when the physical im-
provements shall have been completed within Exeter Subdivision in ac-
cordance -with the plans and specifications heretofore filed, exclus-
U. ive of width at the Dyer line, that the party of the first part and
• his surety shall be relieved by the party of the second part from
az
CC any further liability upon the subdivision bond, or deposit in lieu
thereof , and the party of the second part agrees to maintain, at its
cost , such portions of the streets within such subdivision as may
not be maintained by the Virginia Department of Highways by virtue
of the portion of the right-of-way abutting Dyer having a fee simple
dedicated width of less than fifty (50) feet.
WITNESS the following signatures and seals :
Walter L. Phillips (SEAL)
• THE TOWN OF LEESBURG, in
• Virginia, a municipal corporation
• By:
Mayor
(SEAL)
ATTEST:
Recorder
Upon motion of Councilman Hammerly, seconded by Councilman Lowenbach,
and there being no further business to come before this special meeting,
the Council adjourned at 8 :25 P.M. by general agreement of the Council.
•
R order Pro-Te 'S Mayor l