HomeMy Public PortalAbout1963_04_29SPEC ti
WAIVER OF NOTICE
OF
SPECIAL MEETING
APRIL 29, 1963
We, the undersigned, being members of the Town Council of
the Town of Leesburg, in Virginia, do severally waive all statu-
tory and Charter requirements as to notice of time, place and
purpose of a Special Meeting of the Town Council and consent
that the meeting shall be held in the Council Chambers of the
Town Council at 8:00 P.M. , Monday, April 29, 1963, for the pur-
pose of discussing the sale of the Airport property and for the
awarding of contracts for the Pump House construction and the
laying of water line at the Paxton Home , and any such other busi-
ness as may come before the said Council.
prank Raflo, - or
400f /6?0'.49.10 /� - . _/ri tel.! ��-.�
ta• • ulkins Inter M: Lech
L
/Creyee:e //(.24Lee2e44
eorge Hammerly. Mau,Fice R. Low,nbach , Jri/,
ynwood L. Lay � /John W. Pumphrey
1
1
1 5 )
Minutes of the Special Meeting of the Leesburg Town Council, April 29, 1963
A Special Meeting of the Leesburg Town Council was held in the
Council Chambers , Leesburg, Virginia on April 29, 1963.
Mayor Frank Raflo called the meeting to order at 8: 10 P.M. Councilmen
'present were Stanley f . Caulkins , George P, Hammerlyi Lynwood L. Lay,
.Hunter M. Leach, , Maurice R. Lowenbach, Jr. and John W. Pumphrey.
The attached Waiver of Notice of Special Meetings was read and
' 'signed by all .members present.
The Town Manager gave the report of bids on the Extension to Water
System and the Paxton Well Pump House.
Upon Motion of Councilman Lowenbach; seconded by Councilman Hammerly
the following resolution was approved by roll call vote. Voting Yeas,
Councilmen Caulkins , Hammerly, Lay, Lowenbach and Pumphrey;• Nays , Councilman
Leach.
BE IT RESOLVED by the Council for the Town of Leesburg that Perry
Engineering Company of Winchester, Virginia be awarded Contract III -
Extension to Water System, consisting of furnishing and installing ap-
proximately 1600 lineal feet of 8-inch cast iron pipe and 40 lineal feet
of 6-Inch cast iron pipe , complete with valves , fire hydrants and fittings ,
subject to the recommendation of Johnson and Williams , Consulting Engineers,
at their low bid of $9,700.90 ,
BE IT FURTHER RESOLVED , that the Mayor and Town Manager be and
they are herebyauthorized to execute the necessary contracts.
Upon Motion of Councilman Lowenbach; seconded by Councilman the
following resolution was approved by roll call vote. Voting Yeas ,
Councilmen Caulkins, Hammerly , Lay, Lowenbach and Pumphrey; Nays ,
Councilman Leach,
BE IT RESOLVED by the Council for the Town of Leesburg that Algar,
Incorporated of Falls Church, Virginia be awarded Contract I - Paxton
Well Pump House, consisting of furnishing all materials and constructing
a well pump house in strict conformance to the plans and specifications
subject to the recommendation of Johnson and Williams, Consulting Eng-
ineers; at their low bid of $8,478.00;
BE IT FURTHER RESOLVED , that the Mayor and Town Manager be and
they are hereby authorized to execute the, necessary contracts.
The Airport Committee gave a report to the Council concerning the
possible sale of the Airport to Aaron A. Paulson.
Upon Motion of Councilman Lowenbach; seconded by Councilman Hammerly
the following resolution was unamintusly approved by roll call vote.
BE IT RESOLVED , by the Council that the Escrow Fund held by The
Loudoun National Bank of Leesburg shall be released by said Bank to
Tri-State Properties , Inc. and that the Mayor be and he is hereby
authorized to enter into any and all releases which shall be approved by
the Town Attorneys and upon the execution of appropiate releases by Tri-
State Properties , Inc; and
BE IT FURTHER RESOLVED , that we do hereby release the Town of
Leesburg from all calaims for Commission on sale to Tri-State Properties.
WITNESS THE following signatures and seals this 29th day of April,
:1963.
/s/ Burke W. Pond ( SEAL)
/s/ John A. Wallace (SEAL)
Special Meeting April 29, 1963 1 6 1
Upon Motion of Councilman Lowenbach• seconded by Councilman
Pumphrey the Mayor was authorized to sign the following agreement
for the Town of Leesburg. The approval of this was by a unaminous
, roll call vote.
• THIS AGREEMENT, made this 29th day ofApril, 1963 , by and between
JOHN A... WALLACE and AARON A. PAULSON, hereinafter known asithe Purchaser
and the TOWN OF LEESBURG, IN VIRGINIA, a municipal corporation, herein- •
after known as the Sells*,
_. • WITNESSETH:
II1. That for hnd in consideration of the sum of FIV' THOUSAND DOLLARS
($5,000.00) by check in hand hereby presented , andmade payable to
George M. Martin andCarleton Penn of Leesburg, Virginia, Escrow Agents,
which sum shall be held by the said Escrow Agents as a deposit pending
settlement of the contract , the Purchaser agrees to buy and the Seller
agrees to sell for the sum of Two Hundred Thirty=Two Thousand Dollars:
$232,000.00), a certain tract of land containing fifty-eight ( 58)
acres , more or less , and all improvements thereon, said tract being
in the Town of Leesburg, State of Virginia, and more particularly
described in Deed Book 13 N, Page 307 in the Clerk' s Office of the
Circuit Court of Loudoun County, Virginia. This is a salejin gross
00 and not by the acre.
d':
t- 2. The Purchaser agrees to pay SIXTY THOUSAND DOLLARS ($60,000.00)
C-7 cash by May 14, 1983, of which the above deposit of FIVE THOUSAND
CC DOLLARS ($5,000.00) is not a portion, said cash payment to be an
CC advance to he Tow,n,of Leesburg to be secured by a first deed of
trust._andthet on . the Leesburg Airport to bear no interest and to be
returned with the deed of trust and note properly receipted and cancelled
to the Town of Leesburg on or before August 24, 1963. The Deed of
Trust and notes shall• provide •that the land shall be the sole security
for the advance of SIXTY THOUSAND DOLLARS ($60,000.00) . The Trustees
to be selected the parties secured . The Purchaser agrees to pay
SEVENTY FIVE ATHOUSAND DOLLARS , ($75,000.00) �at settlement of which
the aforesaid SIXTY THOUSAND DOLLAR ($60,000.00) advance is a part,
with the balance of the purchase price to be paid as hereinafter
mentioned .
3. At time of settlement the Sellr agrees to take back from the
Purchaser .a note or notes in the amount of the remaining balance
secured by a purchase money first deed of trust with terms as herein
after mentioned . .
4. The note secured by the first deed of trust shall' provide for
principal payments in seven ( 7) annual installments , plus: 'interest at
six per cent (6%) per annum, interest payable semi-annually on the un-
paid 'balance• except for the period reserved for the use of ari airport
as specified hereinafter, with the first principal payment due and
payable one year after possession. The annual installments 'for the
first two (2) years shall .be at the rate of Ten Thousand Dollars ($10,000.00)
per year and thereafter for the remzining five ( 5) years of said note, .
they shall be payable in five ( 5) equal annual installments in order
to pay said note in full at the end of said period . The privilege is
reserved to anticipate the payment of the deferred purchase money first
deed of trust note or notes at any time without penalty or notice, and
said deed of trust and notes are to be in the usual form as used in
Loudoun County, Virginia.
' 5. The land secured by the first deed of trust shall be released -
upon the payment of FIVE THOUSAND DOLLARS .($5,000.00) per acre for
IIeach acre so requested to be released , plus accrued interest , and
• all parcels to be released shall be contiguous to those already re-
leased. All sums paid towards the principal reduction' of the trust .
shall apply towards the release of land covered by the deed of trust,
at the -aforementioned rate of FIVE THOUSAND DOLLARS ($5,000.00) per, -
acre, and all paykents for releases shall apply toward the next prin-
cipal reduction.
6., The Seller hereby agrees that Fifteen (15) acres of land,
which is the subject matter of this contract , shall not be encumbered
by the aforesaid deed of. trust. Said tract or tracts of land to be
selected by the Purchaser prior to settlement. However, said tract
or tracts of land selected the the Purchaser shall not include more •
than-two-thirds (2/3) of the road frontage on Edwards Ferry Road or
Virginia' State Route No. 773. All survey costs required for the ex-
ception of said tract or tracts of land or for the release of any
•
1-62.
subsequent tracts of land from the lien of the aforesaid deed of
trust are to be borne by the Purchaser , and all costs and expenses for
releases under the aforesaid deed of trust shall be borne by the Purchaser.
7. The parties hereto agree that the Trustees to be named in the
said Purchase Money Deed of Trust shall be George M. Martin and James
A. Pierpoint, Jr. •
8. The Trustees named in the said first deed of trust shall be
empowered to release the land or tracts thereof upon the receipt of pay-
ment therefor, without the necessity of the holder or holders of the
note or notes joining therein.
. 9. The Seller hereby agrees that the Trustees under the 'deed. of
truSt shall execute deeds of dedication, upon the request of the
Purchaser, relating to subdivision and resubdivision of said land , and
deeds of release for public utility easements in order to allow said
land to be divided into building lots' and streets dedicated to -public-
use where,.such are not inconsistent or contrary to the- Subdivision and/
or Zoning Ordinances of the Town of Leesburg , without curtailment of. the
prineLipal indebtedness. ' The said Trustees named in the trust are here-
by directed;to join in said deeds of dedication relating to subdivisions
and resubdivision of said land and deeds of release for public utility
easements without the necessity of the authorization of the holder or
holders of the notes . .
10. This property shall be conveyed to the Purchaser free :and clear
of any and all liens of any kind or nature, and free of any charges for
sewer and water lines in existence as of the date hereof , whether as-
sessed or not.
•
11. It is hereby agreed that title to said tract of land is to be
insurable, free of any exceptions by a recognized title insurance co-
mpany, or the sale is to be declared off at the option of the Purchaser,
and the deposit returned. However , should there be any defects- of title
of such a nature that they can be corrected .by proper and efficient
legal action, then the SellEr shall have the option to clear said defects
within three (3) months after it is notified in writing of said defects.
In the event said Seller does not desire, or is unable to cure said
defects , it shall have the option to terminate this contract without
penalty, and the deposit and the SIXTY THOUSAND DOLLARS ($60,000.00) loan
will be returned to the Purchaser. The Purchaser hereby agrees that it
will notify in writing , the Seller withing one day prior bo the advance
of the aforesaid Sixty Thousand Dollars ($60,000.00) of any defect in
title , and in the event said Purchaser does not so notify the Seller,
it shall be considered that said defects are. waived .
•
14. In the event all the conditions set forth herein are 'complied
with and .the Purchaser fails to settle in accordance with the provisions
of this contract , the deposit hereinafter mentioned shall be forfeited ,
one-half to- the Seller and one-half to the Agent , and the aforesaid
deed of trust and notes executed by the Seller shall be cancelled and
returned to the Belli', which said sum shall be considered liquidated
damages. Time is stipulated to be of the essence in this. contract.
13. All taxes , utilities , sewer and water charges are to be pro-
rated at the time the Purchaser has the right of possession.
14. Purchaser shall have the right , when full p ssession is given,
to raze any and all improvements on the land and said provisions shall
be incorporated in the deed -of tfust.
15. _The Seller reserves the right beyound the date of settlement
for an airport , but such use and possession shall be discontinued with-
in Twelve months of the date of settlement of August 24 , 1963, aid the.
Sel]r further agrees to discontinue the use of said land as an airport
as soon as possible. It is hereby stipulated and agreed that interest:
on the notes that the Seller shall receive from the Purchaser shall not
bear interest until the date that the Seller vacates and discontinues
the use of said property as an airport, however , said date shall not-be .
after August 24, 1964. Possession will be given at settlement of the
Fifteen acre tract mentioned in Paragraph 6 hereof , however , so long
as said Seller has possession. and use of the remaining land for an air.-
port, the Purchaser shall not use said Fifteen acre parcel or parcels
of land in such a manner as to intefere with normal airport operations.
16
3 .
• 16. Settlement shall be made under this contract on or .be-
fore August 21+, 1963, qr earlier at the option of the Pir .chaser. •
Settlement on this contract shall be conducted in the Town of
Leesburg , Virginia t the office of an Attorney to be selected by
the Purchaser.
17. The risk of loss or damage to said premises by fire
or other casualty until the delivery of the deed of bargain and •
sale is to be assumed by the Seller.
•
18. The Seller agrees to furnish and convey -the above de-
scribed property with a General Warranty Deed , complete with Federal
II
Revenue Stamps. Examination of title , notary fees and all recording
charges , -including those of purchase money trust, will be at the
cost of the Purchaser. •
19. Any conditions of this contract which cannot be com-
pleted or terminated upon the execution and delivery of. the: deed
of bargain and sale shall- survive the execution and delivery of
said deed .
20. Upon recordation of the deed for said Land in the Office
00 of the Clerk of the Circuit Court of Loudoun County, Virginia, the
Cr.' Escrow Agents , to-wit: George M. Martin andCarleton Penn, are
U- authorized and directed to pay and deliver said cash deposit of
L•7 FIVE THOUSAND DOLLARS ($5,000.00) to the Purchaser.
CC
CZ 21. The Seller hereby agrees to be responsible for all
Town taxes during the period of time that the property hereinbefore
mentioned is used by the Seller for an Airport.
22. The Seller hereby covenants and agrees and this con-
tract is contingent upon the land which is the subject matter of
this contract being zoned at. the date of settlement or August 21+,
1963, as it is of this date.
U
23. It is hereby stipulated and agreed between the Seller
and the Purchaser, and the Seller hereby covenants that at any time
up until January 1, 1970, if the Seller is unable or unwilling to
supply adequate water ansewage services to said tract of land at
rates and conditions in accordance with existing ordinates and on
the same basis that other inhabitants of said Town of Leesburg are
then being furnished , then? at that timeoten said Town is unable
or unwilling to furnish said tract of land with the aforesaid water
and sewage services , there shall be a moratorium on the payment of •
any interest or principal reductions on the notes secured by the
deed of trust for the period of time that said services are not
available , and said moratorium shall continue so long as said
tracts of land are not supplied -with said services , however, when
said services are available and said Town notifies in writing the
Purchaser that they will furnish the aforesaid services , then said
moratorium shall be terminated and the aforesaid interest and prin-
cipal payments shall commence.
21+. The Purchaser covenants and agrees that Pond and Wallace,
Realtors , is the sole procuring cause of this contract , and that
it shall hold the Seller free and harmless: from the claims of any
other real estate broker, including costs, expenses of litigation
and attorney fees , in the event any other broker claims a commission
on this sale.
25. The Seller agrees that in the event said sale is actually
consumated and the papers are recorded passing title to the Pur-
chaser , and the Seller receives the amount in cash due it under
said contract , then at that time said Agents shall be entitled to
receive a commission of Twenty-Two Thousand Five Hundred Dollars
($22 ,500.00) .
26. Said commission shall be paid in cash at settlement. The
settling attorney is authorized and directed to pay said commission
to the Agent from the proceeds cff the sale.
27. In the event the aforesaid deposit of FIVE THOUSAND DOLLARS
($5,000.00) which is placed in escrow in the hands of George M.
Martin and Carleton Penn, Attorneys , is forfeited by said Purchaser,
than the Agent shall be entitled to one-half of said deposit of
FIVE THOUSAND DOLLARS ($5,000.00) in satisfaction of any claims for
real estate commissions.
I64
-28. This contract is contingent upon Arthur M. Godfrey -and Mary
F. Godfrey andC . Leo D'Orsay and/or The Arthur M: Godfrey Foundation,
a Maryland Corporation, executing , delivering andallowing the said
Town of •Leesburg, in Virginia, the Seller ; to record among the -Land -
Records of Loudoun County, Virginia, a valid release and extinguishment
of all the aforesaid Arthur M. Godfrey and Mary F. Godrey and C. Leo
D' Orsay and/or The Arthur M. Godrey Foundation, Inc. ; a Maryland Corp-
oration, right , title and interest in and to the aforesaid tract of
land , including any and all leasehold interest are extingusihed prior
to May 14, 1963 , ssthat the fee simple indefeasible title is vested in
the Town of Leesburg prior to the aoresaid date of May 14, 1963, and
upon terms agreeable to the Seller.
•
29. In the event the Seller is unable to close on or before Aug-
ust 24, 1963, the Purchaser shall be entitled to the return of the de
posit of Five Thousand Dollars ($5,000.00) and in addition thereto , the
Seller hereby agrees to return the aforesaid advance of SIXTY THOUSAND
DOLLARS ($60,000.00) ; by; November 24, 1963, and the Seller and Purchaser
shb'll be then relieved of any liability under this contract.
30. It is agreed that this contract is not assignable.
•
WITNESS THE FOLLOWING signatures and sealsr
•
- /s/ John A. Wallace
/s/ Aaron A. Paulson
•
POND AND WALW CE , REALTORS '
By /s/ Burke W. Pond
Accepted this 29th day of April, 1963.
•
THE TOWN OF LEESBURG, IN VIRGINIA
•
By: /s/ Frank Raflo
• Mayor
(SEAL)
Attest:
•
/s/ H.- Frederick Mang
Recorder
•
Upon Motion of Councilman Hammerly; sedonded by Councilman Pumphrey
and there being no further business to come before this session of the
Council said session was adjourned with genera consent at 8: 55 P.M.
• d/ A
MAYOR •
•
Recorder •
1
•