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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: X55 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