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HomeMy Public PortalAbout1967_07_12 84' MINUTES OF REGULAR MEETING OF LEESBURG TOWN, COUNCIL, JULY 12, 1967. A. regular meeting of the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street, Leesburg, Virginia, on July 12, 1967 at 7:30 P.M. The meeting was called to order by Mayor Rollins, with Councilman Fishback leading the group in prayer. Others present were Councilmen C. A. English Cole, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Walter F. Murray and Robert A. Orr ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Ab- sent from the meeting was Councilman John W. Pumphrey. The Minutes of the regular meeting of June 28, 1967 were approved as written. • A Public Hearing was held on the application by Edward N. Cooper, .contract owner, .to have rezoned from R-2 to B-2 that certain tract of land containing . .' . 1.922 acres, located on the north side of Fort Evans Road, bounded by the prop- erties of Leesburg Manor, Inc. on the northeast, Fort Evans Road on the south, other land of Edward N. Cooper , contract owner , on the southwest and M.P.W. Corp. on the northwest. Mr. Forbes pointed out on the map the small strip of land in question. Mr. Murray said that the Planning Commission approved the rezoning of this piece of land, believing that this would be in keeping with the zoning in the remainder of this area, which is right .next to the new shopping center. • Mr. John Wallace spoke in favor of this rezoning, explaining that he, as a broker, is representing Mr. Cooper in this rezoning petition. He pointed out that the back end of this piece of land is just about even with the new Giant Store, which is in the B-2 area. He said Mr. Cooper is interested in buying Miss deButts', land, but that he is concerned with the fact that this strip is not zoned the same as the properties contiguous to it. He said that , in the interest of good planning and zoning, he sees nothing out of the way that this land be zoned B-2 and that, as an adjacent landowner in the shopping center case, he has no ob- jection to this rezoning. He would request that this be done. He said the use of, the land, as presently zoned, could be only for duplex housing, and that no such project could be built on this narrow a strip of land. There was no-one present to speak against this rezoning. Councilman Fishback inquired of Mr. Forbes as to what the surrounding zoning is. Mr. Forbes said it is R-4. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the II/ following Ordinance was unanimously adopted: WHEREAS, the Council for the Town of Leesburg, Virginia, hitherto, at a regular meeting held on May 12, 1967, referred the question of the following amendment to the Planning Commission for the purpose of hold- ing a Public Hearing on such question and making recommendations as pro- vided by Chapter 11, Section 15.1-493 of the 1950 Code of Virginia, as amended; and WHEREAS, the said Planning Commission caused a notice of a Public Hear- ing on the question submitted to it to be published on the 18th and 25th days of May, 1967 in the Loudoun Times-Mirror , a newspaper pub- lished in and having a general circulation in the Town of Leesburg, a notice in accordance with the provisions of Chapter 11, Section 15.1-431 of the 1950 Code of Virginia, as amended, that the said Commission would hold a Public Hearing on the question referred to it, which Public Hear- ing would be held on the 1st day of June, 1967, and which notice desig- nated the time and place of such hearing, and WHEREAS, the said Commission thereafter considered the question of adopt- ing the following amendment and, at a regular meeting of the said Plan- ning Commission held on the 1st day of June, 1967, the said Commission recommended to the Council for the Town of Leesburg, Virginia, that the following amendment be enacted ; and WHEREAS, the said Council for the Town of Leesburg, Virginia, caused a notice of Public Hearing on the following amendment to be published on the 22nd and 29th days of June, 1967, in the Loudoun Times-Mirror, a newspaper published in and having a general circulation in the Town of Leesburg, a notice in accordance with the provisions of Chapter 11, Section 15.1-431 of the 1950 Code of Virginia, as amended, that the said Council would hold a Public Hearing on the following amendment, which Public Hearing would be held on the 12th day of July, 1967, and which notice designated the time and place of such hearing, and 85- MINUTES OF JULY 12, 1967 MEETING. WHEREAS, the said Council did hold such Public Hearing and heard all persons desiring to be heard on the question of enacting the following amendment to the Zoning Ordinance; and WHEREAS, it is to the best interest of the Town that the following amendment to the Zoning Ordinance be adopted, NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Lees- burg, Virginia, that the Leesburg Zoning Ordinance be and the same is hereby amended by amending the land use as designated on the Zoning Map as follows : - 1.922 acres of land on. the north side of Fort Evans Road bounded by the properties of Leesburg Manor Inc.. on the northeast , Fort Evans Road on the south, other lands of Edward N. Cooper, contract owner, on the southwest and M.P.W. Corp. on the northwest, be rezoned from R-2 to B-2. A Public Hearing was held at this time on the application by George M. Kline, contract owner ,. to have rezoned from R-2 to R-3 that certain tract of land con- taining 8.6 acres located on the north side of Edwards Ferry Road, bounded by the properties of Walter L. Phillips and the Town of Leesburg on the north, Les- N • luke Corp. on the east, Edwards Ferry Road on the south and Washington Street, Leesburg Apartments. Associates and Clarke on the west. 0 V Councilman Murray, Planning Commission member, said, that the Commission • feels that Leesburg Gardens Apartments is spot zoning in this section and that there is land north of this (the Phillips tract) on which the Planning Commis- sion also recommended disapproval. The Commission's major consideration is that there is. approximately 25 pen cent of the land within the corporate limits now . zoned so that it can be used for apartments or garden-type housing, and• the Com- mission is trying to hold the line on this. Leesburg, at the present time, does not need additional apartments. He said he feels that there are a great many • landspeculators trying to get land zoned for future use. The Planning Com- mission recommended disapproval of this rezoning request. Mn. Carleton Penn, Attorney representing Mr. Kline, addressed Council, stating that he was not representing Mr. Kline at the time of the hearing be- fore the Planning Commission, or he would have been present at that meeting. He said he does not believe the Commission understood the reason for the request for this rezoning or they might have taken a different view. He explained that Mr. Kline boughtthis parcel of land which was originally 12 acres and, on 4 acres which he sold .off , the Leesburg Gardens Apartments were built. He said he agrees that this was probably a mistake, but one which cannot be corrected. Now, Mr. Kline still has a little over 8 acres of land around these apartments, which is adjacent to the Town Well and is also across the road from the old Airport prop- erty. He said he thinks the Town needs a buffer zone to go back into single family. units., however, the old Airport property directly across the street is zoned for heavy commercial and is certainly not ,suitable for single family units. He said. they believed that good zoning would dictate the construction of Town houses and pointed out that these -will not be like .those in the Prospect. Hills section, these would be built for sale. Mr.- Kline would like.,_to go forward with construction this summer if this is rezoned. Mr. Penn-said that it. has been pointed out. that there is a great deal ofapartment land.available in Town, but he knows of only two places where Town houses can. be built, one is in Brandon and the other next to the Fort Evans Gardens Apartments on the DECO Road. He said he believes that the demand is more for Town houses. Also, he said another rea- son the Planning Commission disapproved this application was that there was not enough traffic accommodation. He pointed out that the Catoctin Circle. innerloop would be coming in close to this and that Edwards Ferry. Road is a maih.ar.tery. of the Town. The By-Pass on this side is already in place and these people would probably use this way of travel. Also, John Wallace is going' forward. with his shopping center and .he tells him that there will be a road through the:shopping center. to Route 7. Another reason assigned by the Planning Commission for dis- approval was the fact that it could not be insulated. He said he does not know quite what this means, but that he sees no need to insulate Town houses. The way to get back to single-family houses is with a buffer ,zone of Town houses. -He also pointed out that this is a hardship case on Mr. Kline, since he had bought this land when it was zoned for apartments completely. He did not know that he, in effect , was being zoned out of apartments when the Ordinance was changed, so he did not get in here when the new R-4 zone was created. He said he thinks he 0 b6 MINUTES OF JULY 12, 1967 MEETING. . _ really .should be given the right to- build apartments in. here,. that he paid apart- ment prices for. this landand now he- has-lost the zoning. Mr. Penn. said that he is asking for less density in Town houses, which he believes is good planning, and he would ask that the Council , from the standpoint of good zoning and what is morally correct , would give him Town houses if he can't have. his apartments back. Mr. John Wallace also spoke in favor of this zoning, stating that this land is almost contiguous to the old Airport property and that he has no objection to the program that Mr. Kline plans. He said he has visited several-Town house projects in and out of the State of Virginia, as far west as Ohio and that, in Ohio, . there .is -a most beautiful one , which consists of Town houses and garden- type . apartments. The two of them blendvery well. In this instance, you al- ready have garden-type apartments. To buffer it with Town houses would be of no damaging consequence whatsoever. He said he believes Town houses are a thing of the future. Money has become tight- and it apparently is going to stay that way for _the next-five or six years, so-builders anticipate that, insteadof single-family residences, there will be a concentration to develop garden-type apartments and Town houses. He said. he- thinks Mr. Klineisin linewith this and that, as an adjacent landowner , he certainly does- not object.. . There was no-one present- to speak against this rezoning. Councilman Lowen- bach stated that he did not like to vote against any Commission and asked Mr. Murray if he felt any further enlightened on this matter. Mr. Murray said he did, to a degree,, but that, if you do this for one person, what are you going to do for the next one. Both Mr. Murray and Mayor Rollins said they would like to know what .these Town houses would look like before any rezoning is approved. Mr. Penn said that he understood that these houses would cost about $20,000 apiece. Mr. Chamberlin of DeLashmutt Associates said he had a plan in his office which would show a little more of the present proposed plan and he left to get this plan. Councilman Orr said that the apartments are already- there and, if it is not rezoned, there would be nothing built there, .it would. just grow- up in. weeds .. arid be a nuisance to everybody. He did not believe anybody in his right mind would build single-family housing right next to apartments or an industrial area. Mr. Penn said they are prepared to change their plans to make them palatable to the Town. Mayor Rollins said that other matters would be taken up while .waiting for Mr. Chamberlin to return with the plans. - Mayor Rollins said that , at the last session of Council, a resolution was adopted to cut off the sewage at the Children 's Center by July 15th if they took no action to dedicate the sewer line to the Town by that time. Since that time, the Center has retained the firm of Hall and Monahan and they are attempting to work out something on this situation and have asked for a delay in the proposed action of the Town. He asked if the Council is agreeable to this. Councilman Lowenbach said he believed a definite deadline should be set, giving them a reasonable length of time. Town Attorney Martin suggested that a committee be appointed to work with this. Mayor Rollins said that the Utility Committee.-is supposed to work with this type of matter. Upon motion of Councilman Fishback, seconded by Councilman Lowenbach, Council voted unanimously that the Children 's Center be given until August 23rd to -resolve the problem over the sewage line. Mayor Rollins asked Mr. Ritter to inform Mr. Engle of this date and that the Utility Committee would be willing to discuss .this matter if they so desired. Town Manager Ritter presented a sketch ot theproposed plan prepared by .the engineers for the Town and the W & L Corporation -with regard to the IGA sidewalk problem. He said this seems to come closer than anything they have come up with yet. This would leave the curb and gutter as is and the new sidewalk would be level with the walkway into the IGA Store. A planter would be put back of the curb. This would consist of a brick wall , with 4" cinder block, and would pro- ject 8 inches above the top of the curb. A -catch basin would be put in oppo- site the column of the store and underneath the planter. The 8-inch pipe would run under the sidewalk and on down through the parking lot. Mr. Patton has agreed to give the Town an easement to put the pipe in and to maintain it. He has also agreed to maintain the planter _itself , with the exception of the • masonry part of it. He presented an agreement which was drawn up today by George Martin and Don Devine , although Mr. Devine has not yet seen the final draft. Upon motion of Councilman Fishback, seconded by Councilman Orr , Council voted unanimously that the following Agreement be accepted by the Town and authorized Mayor Rollins to sign it on behalf of the Town : 87 MINUTES OF JULY 12, 1967 MEETING. THIS AGREEMENT, made and entered into this 12th day of July, 1967, by and between the TOWN OF LEESBURG, State of Virginia, a municipal corpora- tion, Party of the First Part, and W & L Corporation, a private corpora- tion, Party of the Second Part; WITNESSETH: That whereas, the Town of Leesburg has undertaken to construct a side- walk on the South side of Loudoun Street, in front of the I.G.A. store building owned by the Party of the Second Part in the Town of Lees- burg, Virginia, which construction has been enjoined by the Circuit Court for Loudoun County due to the prospective damage to the prop- erty of the Party of the Second Part , resulting from the grade thereof, and Whereas, the Parties hereto have agreed to a method of construction and planting which is agreeable to both parties, and the Party of the Second Part is willing to move for dismissal of the injunction, and waive any claim for damages resulting from the construction that the Party of the Second Part may have suffered and grant an easement on its property for surface drainage to the Party of the First Part. N C'1 This Agreement Then Further Witnesseth, that for and in consideration N of the premises, the Party of the First Part agrees to construct the sidewalk in front of the I.G.A. building according to the plan ai- tached hereto and made a part hereof by reference and to pay for and plant the shrubbery in the area described thereon as "Planter" and the Party of the Second Part agrees to execute an easement for surface drain- ing to the Party of the First Part in the following terms: _ An easement forty feet long and five feet wide, for the drainage of surface waters fed by a surface grate to drain the surface water from the sidewalk across the front (north) side of W & L Corporation 's property on West Loudoun Street in the Town of Leesburg, Virginia. Said easement shall consist of an eight inch storm drain set in the public sidewalk at or near the Northwest; corner of the existing I.G.A. Building and an underground eight inch storm drain, . buried_at a suitable depth. and as close to the west wall of said existing I.G.A. Building as practicable and extending from said NW corner Southerly parallel to said wall, a sufficient distance to discharge said surface water at grade at the end of eight inch pipe over the existing parking lot adjacent to said building on the west side thereof, The town shall have a right to so discharge said surface water for so long as the sidewalk and appurtenances across the front (north) side of said property remain below the general grade of the connecting sidewalks to the immediate east and west; but no longer. - Said easement is for the purpose of collecting water which will fall on said sidewalk. The Party of the Second Part will maintain the planter in front of the I.G.A. store with exception of masonry walls and will move for dismissal of said injunction and does further waive any.and all claim.- for damages against the Party of the First Part arising from construc- tion of said sidewalk in its present stage and when completed, and by ' this agreement releases the Party of the First Part from any liability therefor. WITNESS the following signatures and seals: .TOWN'OF LEESBURG, VIRGINIA - By ( S E A L ) Mayor ATTEST: Clerk W & L CORPORATION By ( S E A L ) President ATTEST: Clerk 88- MINUTES OF JULY 12, 1967 MEETING. ' Mr. Ritter pointed out that he should be instructed to call the contractor back in here to complete the work and that there might be an adjustment in his price because he was interrupted in this work. Councilman Fishback said he believed that a commitment should be secured from the contractor- before we -.tell-him to go ahead.. Upon motion of Councilman Murray, seconded by Councilman Orr_,. and-there being no objection to considering this tonight, Council voted unanimously that the .coatr.actor. complete the construction work and any additional .cost,. if -any, be subject to the approval of the Street Committee. Mr. Penn and Mr. Chamberlin presented the plat of -the Kline property at this time and pointed out the changes made by Mr. Chamberlin as it .would be done if the property is rezoned. After discussion of this. matter, Councilman Orr moved that this 8.6 acres be rezoned from R-2 to R-3, however , . there was no second to this motion. Upon motion of Councilman Murray, seconded by Councilman Lowenbach, Council voted unanimously that this request go back to the Planning Commission to permit the petitioner and his counsel to present a more detailed sketch of the proposed Town houses to be located within the requested area of rezoning, and that no additional fee be required of the petitioner for this rescheduled hearing before the Planning Commission. Mr. W. M. Crickenberger addressed Council regarding the proposed develop- ment of the John Wright property (formerly Mary Ann Farm). He introduced to Council Mr. Marshall, Consulting Engineer , and Mr. Payne, Certified Land Sur- veyor. It was explained that the Utility Committee had already looked at these plans, but wished them to be presented to 'the Council. A large plat was pre- sented and explained by the Consulting Engineer and by Mr. Crickenberger, it be- • ing pointed out that they would expect to construct an 18-hole golf course first, then the remainder of this land would be developed into single-family dwellings in three phases. It was explained that there are approximately 140 lots in Phases 1 and 2, which two phases would be developed first. There are approximately 160 lots in Phase 3. The main problem seems to be in furnishing enough water pressure to serve these lots. It was explained that they would install a continuous run- ning duplex pump, one for actual work, and one as a standby. These pumps would serve the first two _phases. Then, early in the development of Phase 3, they would construct a standpipe in that section. Mr. Crickenberger explained that they would hope to develop this tract in approximately the same manner as Country Club Hills in Purcellville. A question and answer period about vari- ous phases of this proposed development followed, during which the question of fire protection was raised. Mr. Crickenberger said they would contact in- surance companies and get this information and present it to Mr. Ritter. It . was also pointed out by Mr. Fishtiack that he believed the Town should have some bond to secure the building of this. standpipe, .regardless of whether the entire development was ever finished. Town Attorney Martin asked just what they wished the Town to say. or do regarding this. Mr. Crickenberger said they would like to have some understanding with the Town that they would go along with this in order that they might proceed with preliminary planning. It seemed to be the general consensus. of the Council that they work with the problems brought up here to- night and present to Council the answers to these questions raised. Mr. Forbes explained that , before the Planning Commission could consider any plat , they would have to have absolute assurance that Town water and sewage would be fur- nished. Mayor Rollins welcomed Mr. Bozel to the meeting as the Town's Engineer. Town Manager Ritter reported that the Water Pollution Control Agency in Charlottesville said we should receive our Grant Offer in the amount of $446,100 within a few days and we have to accept or reject this offer 'within twenty-one days. This will call for a Council resolution and it may be necessary to have a call meeting for this purpose. It will be necessary to designate who will sign the .Grant .Offer. Johnson and Williams have been notified to be ready to advertise for bids. There are still two outstanding easements, the W. & 0. D. . .Railroad and. Alber-ts. On the Alberts' easement, the Utility Committee is studying the wording of this agreement and it will probably be acted on at the next meeting. Regarding the W. & 0. D. easement, we have discussed paying VEPCO $1 ,200.00 for this permit. Mr. Dudley of the W. & 0. D. said they have taken this up with VEPCO and they have agreed to the easement at such time as they abandon the Railroad. Regarding Item 5(1) on the Agenda, this is a retainage fee held back until certain work was finished. This work was finished a week or so ago. 89 MINUTES OF JULY 12, 1967 MEETING. On Item 5(2) , this payment to Johnson and Williams represents 75 per cent of the total cost of the plans, which cost is $49,375.00. The difference is to be paid during construction. Councilman Cole asked if Johnson and Williams have given any progress re- port on securing river water from Maryland. Mr. Ritter said he had not dis- cussed this with them recently. Mr. Cole said he would like to know whether we have the right to use this water or not. Councilman Murray asked what has happened to the Frederick Cablevision Company. Mr. Ritter said the last communication he had was about 4 months ago, stating that they were having difficulty in locating a suitable place for their antenna. Mayor Rollins said that he understands that, since the. Town has taken over the maintenanceof its own streets on any construction work done on the streets by the Town, the State will pay the Town for 85 per cent of this cost. He said he would like Mr. Ritter to discuss the surface-treating and plant mixing of certain. streets and -get them lined up to put them in the..Budget. He said the primarystreets could be .scarified and leveled out. Mr. Cole said he thought Cl the .Highway:cDepartment would participate in this work on the main streets in Town only..' Mr. Fishback asked if they would participate on the extension of N Edwards Ferry Road. Mr. Ritter said he did not think so, that he thought they C?- would participate only on those primary streets within the Town, that he would V find out. Councilman Cole asked what has happened as a result of the smoke bomb tests, has anything been done to correct the various places where it was found that storm water is going into the sanitary sewer system? Mr. Ritter explained that very little has been done because we do not have the time nor the personnel_ with. which to do this work. He said that he had asked for a new man to be hired in. the proposed Budget. and this was disapproved. He said we either need time or more men to do the work in the Utility Department. Mr. Cole said he could see no point in building a new sewer plant if these corrections were not going to be ' made. Mayor Rollins asked that the Utility Committee take up this matter at its next meeting. Upon motion of Councilman Cole, seconded by Councilman Murray, the follow- ing resolution was placed on the floor for discussion: . . . BE IT RESOLVED by the Town Council of the Town of Leesburg, that the First and Merchants National Bank of Leesburg, Leesburg, Virginia, be authorized to pay out any funds in its hand over thesignatures of any two of the following persons, to-wit : J. W. Ritter , Town Mana- ger ; George E. Ward, Town Treasurer, and Dorothy B. Rosen, Clerk of the Council, but this shall in nowise affect the resolution adopted on the 8th day of September , 1965, except as herein set out. IN WITNESS WHEREOF , the Town of Leesburg, a body corporate, has subscribed its name and affixed its seal, as authorized and di- rected by the said Town of Leesburg, a body corporate , this day of c ,. 1967. TOWN OF LEESBURG, a body corporate, BY Mayor ATTEST: Clerk ( (SEAL) ) It was pointed out in discussion of this resolution that no particular account is specified and this matter was referred to Town Attorney Martin for clarifi- cation. 90, MINUTES OF JULY 12, 1967 MEETING. Discussion followed regarding the North King Street project, more speci- fically regarding a letter from the Highway Department, requesting that the Town agree to several items of work to be done. Upon motion of Councilman Fish- back, seconded by Councilman Orr, Council voted unanimously that the following three items stipulated by the Highway Department on the North King Street Proj- ect be accepted by the Town : 1. Accomplish all work behind the outside edge of the sidewalk throughout the entire project. 2. Accomplish all work behind the back of the curb in the extended section. 3. Pay all costs in excess of 325,000 on the entire project. The Kincaid Agreement, a copy of which had previously been sent to all Council members, was discussed at this time. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the following Agreement was unanimously adopted: THIS AGREEMENT made this day of ,. between JOSEPH A. KINCAID and SUSAN M: KINCAID, his wife , hereinafter referred to as the "Sellers", Parties of the First Part, and THE TOWN OF LEESBURG IN VIR- GINIA, a municipal corporation, hereinafter referred to as the "Pur- .chaser", Party of the Second Part. WITNESSETH: That for and in consideration of the price hereinafter set forth, and subject to the terms and conditions hereinafter con- tained, the said Sellers agree to sell and the said Purchaser agrees to buy from the said Sellers, those two parcels or tracts of land, situate, lying and being about one-half mile from the eastern cor- porate limitsof .said4Town, in Leesburg Magisterial District, Loudoun County, Virginia, and more particularly described as follows: FIRST TRACT - All that certain parcel or tract of land containing 29.04323 acres, more or less, which according to plat and survey made by John R. Williams, Certified Land Surveyor, dated April 19, 1966, revised April 21, 1967, May 11, 1967 and May 16, 1967, is described as fol- lows: ,Beginning at a point in the boundary line common to the .. Kincaid property and the Harper property said point be- ing South 35 .05 ' .06" West , 827.91 feet along said common boundary from the south right-of-way line of Leesburg .Turnpike State Route No.' 7; thence continuing along said common. boundary South 35" 05 ' 06" West, 1002.76 feet to a point near the south bank of Tuscarora Creek; thence de- parting from said line through Kincaid property and, gene- _ . rally with Tuscarora Creek North 72 06 ' 55" West , 342.64 _ feet and North 50° 12 ' 44" West , 775.29 feet to a point, said point being approximately in the middle of Tuscarora Creek; thence departing from said creek through the land of Kincaid North 35° 05 ' 06" East, 1207.38 feet to. a point ; thence continuing through the land of Kincaid South 46 17' 21" East, 1112.58 feet to point .of beginning, said parcel containing 29.04323 acres. A copy of said plat of survey made by John R. Williams, Certified Land Surveyor, is attached hereto. SECOND TRACT - All that certain parcel or tract of land containing 0.95746 acres, more or less, which according to said plat of survey and revisions thereof made by John R. Williams, Certified Land Surveyor, is described as fol- lows: Beginning at a steel post, a point in the south right-of- way line of Leesburg Turnpike State Route No. 7, said point being a corner common to the said Kincaid property - and the Harper property ; thence departing from said right- of-way along a line common to the Kincaid and Harper prop- 9 .11: MINUTES OF JULY 12, 1967 MEETING. erties South 350 05 ' 06" West , 827.91 feet to a point; thence departing from the line of Harper through the • Kincaid property North -46° 17' 21" West, 50.57 feet to a point ; thence continuing through the Kincaid property North 35 05 ' 06" East, 840.39 feet to a point in the south right-of-way line of Leesburg Turnpike ; thence along said right-of-way line of Route 7 South 33 02 ' 53" East, 53.88 feet to the point of beginning, said parcel containing 41,707 square feet or 0.95746 acres. EASEMENT - Also for the aforesaid considerations, the Sellers agree to grant unto the Purchaser, a perpetual easement over, on and through a certain strip or parcel of land thirty feet in width containing 1.93309 acres, more or less, with the right to lay, construct, repair and maintain an underground sanitary sewer trunk line and manholes thereon, the centerline of said easement accord- ing to said plat of survey and revisions thereof made by John R. Williams , Certified Land Surveyor, being described as follows: NBeginning at a point 124.41 feet North of the southwest (q corner of said tract of land hereinbefore designated "FIRST (7 TRACT"; thence North 790 57 ' 01" West 127.85 feet to a manr hole (STA. 1+72) thence North 410 22 ' 30" West 2563.00 feet Vto a manhole (STA. 27+35) ; thence North 730 09 ' 10" West 116 feet to the property line of Saunders (STA. 28+51) , said parcel containing 1.93309 acres. The aforesaid three parcels of land consist of a portion of the land known as "Ellerslie Farm", which was conveyed unto King Anderson, Trus- tee for Nan Lin Kincaid, by Wilbur C. Hall , Special Commissioner , in the chancery cause styled "Shry vs. Kincaid", by deed dated May 3, 1929, andrecorded in the Clerk's Office of the Circuit Court of Loudoun County, Virginia, in Deed Book 10 D's, at Page 35. Reference is here- by expressly made to the aforesaid deed and the references therein for ' a more particular description of the land herein mentioned and described. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS: 1. The agreed price for the hereinbefore described two par- cels .or. tracts of land and the said easement is the_amount_of.. Sixty Thousand Dollars ($60,000.00) , of which. the..sum of One Thousand Dollars ($1,000.00) has been paid to Sellers. The sum of Fifty-Nine Thousand Dollars ($59,000.00) , that being the remainder of the purchase price, shall be paid in cash to the Sellers by the Purchaser at• the closing of this transac- tion. 2. The aforesaid two tracts of land , containing 29.04323 and 0.95746 acres, respectively, shall be conveyed to Pur- chaser by general warranty deed, free of liens, and encum- brances. Delivery of the deed will be at the closing of this transaction. • 3. Instrument properly executed by Sellers granting unto .the Purchaser the rights and privileges pertaining .to the afore- said easement over , on and through the strip or parcel of land containing 1.93309 acres shall be delivered to Purchaser ' at the closing of this transaction. It is mutually understood and agreed between the parties as follows: (a) Upon request of Sellers, their heirs, successors or assigns at any time within ninety-nine years from the date of this agree- ment that Purchaser will offer for dedication for a way or road for the use of the general public over, on and across the afore- said strip or parcel of land containing 0.95746 acres, under the condition that no cost incident to the dedication shall be charge- able against the Purchaser , but the Purchaser shall enter into any writings required for perfecting the dedication of said strip or parcel of land. - 91! MINUTES OF JULY 12, 1967 MEETING. (b) The underground.sanitary sewer line shall be laid at lo- cation and at the depth below ground level as shown on said plat .made. by the -Johnson and Williams Consulting Engineers. (c) The several manholes to be constructed for the sanitary sewer line shall be of the size and not exceeding the height above ground level as shown on said plat. (d) The. contractor selected to install and lay the sanitary sewer trunk line , and his agents and employees, shall .be per- mitted to use strips of adjacent land fifteen feet in width on each side of said easement during the time the work is under construction. (e) Upon completion of the laying of the sanitary sewer line and building the manholes, the trenches shall be back-filled, and all excess earth, rock and trash, shall be removed from the land within the limits of the easement and said two fif- teen foot strips of land on each side thereof. Also upon com- pletion of the construction work, the strip of land within said easement and the two fifteen-foot strips of land on each side thereof shall be seeded to grass, and said premises and any dam- aged fencing shall be restored to the same good condition as ._ _existed before the.construction work was commenced. (f) Purchaser shall berequired. to have in force property dam- age and public liability insurance that will fully protect Sel- lers from claims, suits. and actions, against them or. either of them arising out of and by virtue of the work being performed in and about said three parcels -of land herein described during • the periodsaid. .work is in progress. (g). Sellers, their heirs, successors and assigns, shall have the right to maintain and use the roadways now extending over said easements and shall , from time to time hereafter, have the right to construct and maintain such other desired road- ways extending in a Northerly-Southerly direction over and a- cross said easement _at not less than a sixty-degree angle. (h) Purchaser shall be liable to Sellers, their heirs, suc- cessors and assigns for any damage caused by. the Purchaser, its agents and employees, to the roadways now existing over and across said easement as well as to roadways that may here- after be constructed over and across said easement. (i) Purchasers shall indemnify and save harmless Sellers and their tenant, William H. Harrison, from any loss or damage to their livestock on "Ellerslie Farm" during such time as work pertaining to the laying of the sanitary sewer line and other work is being performed by the contractor. (j ) Purchaser shall provide two free hook-ups .to its sanitary sewer trunk line located on said easement for use of the. main house, garage apartment, and tenant houselocated. on .said !!El- lerslie Farm", or any replacement or replacements thereof having approximately the same floor space, which hook-ups are to _be lo- cated at points on said sanitary sewer trunk line nearest said buildings and these two connections to .the sanitary sewer trunk line may be made by the Sellers, their heirs, successors or as- signs, at any time hereafter within the period of ninety-nine years from the date of this contract. (k) Sellers, their heirs, successors or assigns shall per- form all work and bear all costs in the construction of the service lines. (1) Sellers, their heirs, successors and assigns, shall have full use and enjoyment of the land within the limits of the ease- ment, except .to the rights herein granted purchaser. Purchaser, except for reseeding to grass damaged, shall not be liable for any damages to growing crops caused by repairs to and maintenance of the sanitary sewer line. No buildings shall be erected within the exterior limits of the easement. 93 MINUTES OF JULY 12, 1967 MEETING. • (m) Purchaser shall- erect, build .and maintain at the western boundary line of the aforesaid second tract, extending from the southern right-of-way line of Route 7 to the aforesaid - first tract American woven wire fence, the height of- which shall not be less than forty-eight inches (48"). Purchaser shall provide fencing for first- tract that will be of such construction as to prevent injury or damage to livestock pastured or grazed on said "Ellerslie Farm". (n) Purchaser shall pay the costs of Federal Revenue Stamps for recording instruments mentioned herein. (o) Any condition of this contract that shall not be com- pleted or terminated at the time of the closing of this trans- action. shall survive the execution and delivery of the deed . and easement herein referred to. (p) Closing of this transaction shall be at the Town Offices, • Loudoun Street, Leesburg, Virginia, on the 26th day of /July, 1967, at 12:00 o 'clock noon, D.S.T. • `q This agreement is executed in duplicate, one copy .to be held by the N N Sellers and the other copy by the Purchaser. C'3 IN WITNESS WHEREOF , Joseph A. Kincaid and Susan M. Kincaid, his wife, hereby affix their signatures and seals, and the Town of Leesburg, in Virginia, a municipal corporation, has caused the foregoing and an- nexed agreement to be signed and acknowledged in its corporate name by Kenneth Rollins, its Mayor , and its corporate seal to be hereto affixed and attested by Dorothy B. Rosen, Clerk of the Council, said officers being thereunto duly authorized to act. (SEAL) Joseph A. Kincaid (SEAL) Susan M. Kincaid THE TOWN OF -LEESBURG , IN VIRGINIA By Mayor (SEAL) • Affixed and Attested : By Clerk of the Council Upon motion of Mayor Rollins, seconded by Councilman Murray, Council voted unani- mously to amend this Agreement by deleting Section (n) on Page 7. Mr. Ritter was asked to take up this change with Mr. Nickels, Attorney for Mr. Kincaid. • Upon motion of Councilman Fishback, seconded by Councilman Lowenbach, Council voted unanimously to appropriate $59,000.00 from the 1967 'Bond Issue Account for the• payment of the Kincaid property. Upon motion of Mayor Rollins, seconded by Councilman Fishback, the following appropriation was unanimously approved : Appropriation to pay Perry Engineering Co. their retainage fee in the amount of $1,696.80 for work on Storm Drainage Project. To be appropriated from Public Improvement Fund. Upon motion of Councilman Fishback, seconded by Councilman Murray,. the fol- lowing appropriation was unanimously approved: Appropriation to pay Johnson and Williams 537,031.25 for Engineering Services on plans, etc. for Sewage Treatment Plant. To be appropriated from the 1967 Bond Issue Account. 94 MINUTES OF JULY 12, 1967 MEETING. Upon motion. of Councilman Murray ,. seconded by Councilman Lowenbach, the following resolution was placed on the floor for discussion: WHEREAS, an inspection was made on July 10 of the runway and taxiway at Leesburg Airport, and WHEREAS, the inspection revealed that a jet seal should be placed on the surface of the runway and taxiway this summer, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to ask for bids on e this work. Councilman Cole pointed out that two weeks ago he noted the fact that the funds should,.be .invested. A week .later , he met with. the Committee and he was instructed to ask the Bank for 4}496 for six months. The Bank agreed to do this. Then some- body goes to the Airport and decides that this money should be spent. Councilman Murray explained that, on the advice of our newly acquired engineer, the Town Manager and a representative of Tri-County Asphalt looked at the runway, etc. and said that this work should.be done this year. The resolution was then unani- mously adopted. • Upon motion of Councilman Lowenbach, seconded by Councilman Fishback, and after explanation by Mr. Ritter , the following resolution was unanimously adopted : . BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to extend the existing 6" Sanitary Sewer from a point in front of Summerfield Tillet 's old house on Route 7 westward for a distance- of approximately 340' to serve the new Pon- tiac Garage on the Bishop property. Upon motion of Councilman Lowenbach, seconded by Councilman Fishback, the • following resolution was unanimously adopted: WHEREAS, Frank Myers has completed all physical improvements on Wage Drive, Sec. III, to the satisfaction of the Town of Leesburg and the i State Highway Department, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Bond be released on this section. A resolution authorizing the Town Manager to ask for bids on the resurfac- ing of certain streets was discussed and Mayor Rollins asked that this be held over until the next meeting. Town Attorney Martin said that the State Code requires that the results of any election be included in the minutes of that governing body and said that a resolution should be prepared for the Agenda for the next meeting. Councilman Cole asked if any action is to be taken regarding the Westing- house.facilities. Mayor Rollins asked that the Utility Committee meet with the . Sanitation ; Authority again and see what they want to do and try to reach some decision:: at the next meeting. • Councilman Cole read an excerpt from the State Code with regard to annexa- tion by a Town and the factors required for such annexation. This was in retort to Councilman Fishback's remark at the last meeting that if the County put in the water and sewer lines to Westinghouse, they would have a foothold..on the area . encompassed by such lines and would try. to prevent the Town from annexing. Mr. Fishback replied that he still felt that, should the County put in the water and sewer and hook into the Dulles Interceptor Sewer and the population become so heavy, they. could very easily go into the trash business and provide police . and fire protection. He still said they would have a foothold and he thinks this would have a definite bearing in a Court opinion on annexation. There being no further business, the meetin adjourned at 10:00 P.M. . ,-2-.‘"---- /3--, alt--- Mayor • Clerk of tie Counci