HomeMy Public PortalAbout1968_07_10 223`
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 10, 1968.
A regular meeting of the Leesburg Town Council was held - in the
Council Chambers , 12 W. Loudoun Street , Leesburg , Virginia on July l01p
1968 at 7: 30 P.M. The meeting was called to order by the Mayor , with
Councilman Murray offering the prayer. Those present were : Mayor
Kenneth B. Rollins , Councilmen C. Maloy Fishback, G. Dewey Hill , Frede-
rick R. Howard , Walter F . Murray , Robert A. Orr and John W. Pumphrey ;
also Town Attorney George M. Martin .
The minutes of the regular meeting of June 26 , 1968 were approved . 4
as written .
Mr . Lawrence Whitehurst , representative of Humble Oil Company, ad-
dressed
Council with regard to the Equipment Lease that exists between
Humble Oil Company , Chantilly Aviation and the Town of Leesburg . He
explained that the original lease had been signed by the Town , and that
this present lease merely replaces the old one , since additional equip-
ment was installed at the Airport about two years ago . This lease is
not binding on the Town',. it merely gives Humble Oil Company the right
to remove any of its equipment in the event the Airport should cease to
operate , in other words , this equipment does not become a part of the
`,4 real property. He explained that Humble Oil Company has between $13,000
CV and $15,000 worth of equipment installed on this property and they merely
N want the Town to give them the right to remove this equipment in case
L"y the Airport should cease to operate . This would' protect them in the
V event the Sheriff might seize any property belonging to the fixed base
V operator for public auction . This matter was discussed at length and
many questions asked by Council members , with Mr . Whitehurst answering
these question . On motion of Councilman Murray , seconded by Council-
man Pumphrey, Council voted 5 to 2 that the Mayor be authorized to sign
the following lease with Humble Oil Company ( see copy of Lease attached
hereto. ) Councilmen Fishback and Howard voted against this motion .
Mr . Crickenberger and Mr . John R . Wright were present and Mr . Crick-
enberger addressed Council regarding a letter received from Mr . Ritter
about the sewer connection for Leesburg Country Club Subdivision . He
said that they had been discussing this subdivision for 12 months and
they have known about the water pressure problems , but that they had
been going on the assumption that there was no sewer problem , that the
present sewer line would take care of approximately 650 houses . Council-
man Fishback , Chairman of the' Utility Committee , explained that the Com-
mittee had asked them quite a while ago.-,to explore the possibility of
going to the manhole across the road and follow up the Creek. He said
this present line was originally designed to take care of Valley View
Subdivision and other property on that side . There were 50 connections
allowed by Mensh and Company , however , if this entire Leesburg Country
Club Subdivision were tied into this line , there would be nothing left
for the Valley View Subdivision and land above it for which it was
originally designed and the Town would have to build a line parallel to
this one in order to take care of this. He pointed out these facts on
a plat and Mr . Crickenberger and Mr. Fishback discussed this matter .
In the meantime , Mr . John R . Williams presented to Council their recom-
mendation regarding the water lines for the first section of this sub-
division and this sewer situation was explained to him. He was asked
to meet with Mr . Crickenberger and the Utility Committee , and a tenta-
tive meeting was set for Monday , July 15th at 1: 30 P.M. Mr . Forbes
pointed out that the Planning Commission cannot act on the final plat
for this Subdivision until the Council has approved the Performance Bond .
Mrs . Yolande Moody gave a progress report on the restoration of the
building on the corner . She said that Mrs . Carr is paying for the com-
plete restoration of this building, and has purchased the two properties i
on the other corners and will restore them also. It is hoped that per-
haps this will inspire other people in the downtown area to restore their
buildings . She thanked Council for their cooperation and said it would
be appreciated if Council would consider giving $3 ,000 toward the restora-
tion of the log cabin to a silversmith shop. She said they had raised
the $3 ,000 by public subscription and the County has matched these funds .
She also reported that there have been 1300 visitors since January 1st
and that Mrs . Grant had reported that attendance at Oatlands had doubled
since the Museum and Chamber Office have- been opened in Leesburg . Also ,
Sully Plantation reports an increase in attendance . Mrs. •Moody was
thanked for her report , and the matter of the $3,000 contribution was re-
ferred to the Finance Committee .
2-24
MINUTES OF JULY 10 , 1968 MEETING .
Mr . Moody , Inspector-Engineer on the Sewer Projects , gave a detailed
. progress report on all three projects, stating that work is going along
on all of them, although it has taken a while' to get organized and to
break in the men on the job .
A Public Hearing was held at this time with regard to the vacation
of a 40-foot drainage easement on Lot 27A , Sec . 1 , Virginia Village .
Mr . Charles Ottinger , attorney for landowners Alfred Gardiner and John
Alderman , explained this proposed vacation to Council and stated that
they expected to rededicate another 40-foot storm sewer easement in place
of this one . Plats were passed out and it was explained by both Mr .
Ottinger and Mr . Chamberlin of DeLashmutt Associates that the lot on
which the new proposed storm sewer easement is located is under contrac
for sale to Humble Oil Company for a service station . This matter was
discussed at length by all parties and it was determined that Mr . Ot-
tinger should draw a Deed of Dedication on the proposed new easement .
On motion of Councilman Fishback, seconded by Councilman Orr , the
following Ordinance was unanimously adopted :'
BE IT ORDAINED by the Council for the Town of Leesburg , that
the following section of a forty-foot (40 ' ) drainage easement
on Section One , Virginia Village , in the Town of Leesburg is
hereby vacated .
All of that section of said forty-foot (40' ) drainage easement
as it appears on the plat of resubdivision of Lots 27 and 28 of
Section One , Virginia Village , which plat is recorded in the
land records of Loudoun County , Virginia , in Deed Book 418 , at
Page 86 , and said easement is set forth on Lot 27-A of said
resubdivision , and for a more particular description of said
drainage easement reference is made to that certain plat' re-
corded in Deed Book 390, at Page 77 , and said easement is set
forth on Lot 27 thereon , which is a plat of the original sub-
division .
BE IT FURTHER ORDAINED , that the Clerk of the Council shall
file a certified copy of this Ordinance of vacation with the
Clerk of the Circuit Court for Loudoun County , Virginia , pur-
suant to the statutes of Virginia .
Further discussion was had on the proposed new easement and it was de-
cided that Mr . Ottinger and the Town Attorney should meet with the Utili-
ty Committee on Monday , July 15th at 1:00 P.M. to discuss this matter
further .
On motion of Councilman Orr , seconded by Councilman Howard , the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg , that
the following appropriations be made:
(a ) $ 12 . 55 - Johnson and Williams-Printing at A & E
Blueprinters . 1967 Bond Issue .
(b) 13 , 339 . 73 - Johnson and Williams-Engineering fee for
Design , Plans , Specifications and Contract
Documents .
On motion of Councilman Fishback , seconded by Councilman Pumphrey ,
the following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that O. B. Knight be directed to proceed with a study to de-
termine the number of monuments and location of same on all
streets within the corporate limits , to be shown on a map of
Leesburg , in accordance with Mr. Knight ' s letter of June 21 ,
•
1968 , and
BE IT FURTHER RESOLVED , that $525.00 be appropriated for this
work.
225
MINUTES OF JULY 10, 1968 MEETING.
On motion of Councilman Fishback, seconded by Councilman Pumphrey ,
the following resolution was placed on the floor for discussion:
WHEREAS , it is necessary that all plans submitted by developers
be checked for the development of streets , water , :sewer , storm
drainage , lot layout , closure of surveys and many other aspects
pertaining to the proposed development of certain areas within
the corporate limits and within an area of one mile outside of
the corporate limits , and
WHEREAS , it is necessary that professional advice be obtained ,
and
WHEREAS , it is proper that developers pay for all costs incurred
by the Town in the checking of plans , etc .
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Leesburg , that a fee of 3% be charged all developers of sub-
- divisions and site plans for engineering review, such fee to
be based on the final cost of physical improvements .
N
N Mr . Forbes explained that there is a conflict here with the provisions
CQ under the Subdivision Ordinance . This proposal was discussed at length
and , on motion of Mayor Rollins , seconded by Councilman Murray , Council
U voted to table this resolution . The Utility Committee was asked to dis-
t/ cuss this further and make a recommendation .
There being no further business , the meeting adjourned at 9 :25 P.M.
Mayor
Clerk- of th Council
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Rgv.11-$.41 EQUIPMENT LEASE 9E
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o AGREEMENT, cede this i'a day of • S�a]�-, . 196 6 , between
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KICIILE OIL L REFININGp�,, Inl
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NYa DELAWARE corporation, an office at
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o (hereinafter called "Lessor").aad A '.a( iri -4t("no in
o whose place of business is located at ilzmor a:wawapaziptFt6
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(hereinafter called "Lessee"): - '�sD
MUGS, Lessee desires to p;irchase petroleum prod:sets from Lessor and has requested Lessor to install
equipment upon the premises mentioned below for the better storage and handling of petroleum products so
purchased: and
•
EMSREAS, in compliance with said request. Lessor has placed or is about to place upon premises located at
an OP TeM4 •)aPUa 1.i ,r*Unit)
o Silliranii rRK3f3
(Township - ❑ Inside Tow)[$Outside Town)
o the following equipment:
b- 061.4n: ►Aire / 1G L rrs stnacti- !1esrka7.0 f■nips, L.-twar ineursern
=A to 13m cit7pu )
5.4 146.70 Clan a^ afl-r,nal
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_a/ a^ _11£151) 7 t- liana --
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COO. THEREFORE, 1T IS AGREED as follows: •
1. Sail equipment shall be used solely for the storage and-handling of products purchased by Lessee from
Lessor. Lessor will, at its own expense, cake all repairs to said equipment which in its opinion are needed
provided Lessee notifies Lessor thereof in writing and establishes to Lessor's satisfaction that the samm were tt
not occasioned by or the result of Lessee's negligence or misuse of the equiptent, and Lessee will pay all
license fees and other charges required for the use, operation and maintenance of said equipment and all damages
caused by Lessee's negligence or misuse thereof, and Lessor will pay all personal property taxes assessed upon
said equipeent or upon the installation thereof.
2. Title to said equipment en's e e areveiy pail iic ieof'sl1ar re®fn tnialsor, and Lessee.will not
encumber or remove said equipment or do or suffer to be done anything by which said equipment or any part thereof
shall be seised, taken on execution, attached, destroyed or injured or by which Lessor's title thereto nay la an
way be altered, destroyed or prejudiced.
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3. Either party shall have the right to terminate this agreement at any time by giving five days' prior
written notice to the other of its intention so to do bt the addresses set forth above.
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4. In the event Lessee shall use said equipment for any other purpose than the storage and handling of
petroleum products purchased frog Lessor or shall cease to do business at the above described premises or shall°
foil to keep and perform the agreements herein contained on the part of Lessee to be kept and performed or in .l'g
o the event Lessee shall terminate this agreement as,proyided in paragraph 3 above:withio �q� apq
years from the date hereof, this lease shall automatically terminate and Lessee shall pay'tbIkS56r on demand,
o as reimbursement for the cost of installation and removal of the said.equipaent, the agreed sum of
JjQ p' � ______ _ �silars (5 y_t�tA_� ),
o ass Correao3"7eaF—this agreement has rammed in effect and pro rata for any part of a J1•&f"°
5. In the event this agreecent is terminated for any cause•whatsoever, Lessor ,shall have the right for
sixty (60) days thereafter to negotiate for the sale of said equipment to the owner of the premises where the
same my be installed, or to anyone else, or to enter upon the premises and remove any or all of the equipment . •'
owned by it. Nothing herein contained shall obligate Lessor to remove any underground equipment and in the
event Lessor decides to abandon any underground tanks upon the premises, Lessor shall have the right, but shall
be ander no obligation to enter upon .the premises, fill the tanks with sand or cement grout or take Such other
steps it deems advisable in order to leave then in a safe condition.
6. In the event this agreement shall be terminated for any.cause whatsoever, Lessee shall immediately
abandon the use of any trade marks, distinctive markstbr trade names of Lessor which may be attached to or
displayed upon said equipment or any part thereof or on said premises, and Lessor shall have the right to
remove, paint out, or otherwise obliterate any such corks or names.
7. It is understood and agreed that Lessor does not warrant any of said equipment or any equipment which
my hereafter be leased hereunder in any respect whatsoever. including, without limitation, the condition there-
of or fitness for any purpose.
8. Lessee shall indemnify and save harmless Lessor, its successors and assigns of and from any and all
liability or claims for loss, damage, or injury to persons or property (including but not by way of limitation,
Lessee, its agents, servants and employees or. the property of any of them) caused or occasioned by any leakage,
firm or explosion of any of the products stored in said equipment or contained in or drawn through said equip-
cent or by or in the installation, mintenance, repair or use of said equipment of any of the attachments or
appliances used, connected, installed or furnlshed.therewith, whether due to latent or patent imperfections or
to any fault in installation or whether due to the negligence of Lessor or otherwise.
'9. Any new or additional equiwant hereafter placed or installed upon the premises by Lessor shall be
subject to all the' terms and conditipns of this agreeceet including the consent of owners or mortgagees endorsed
belozl: . .
0 urrt ss GOREOF tbo parties hereto have caused pals agreecent' to be duly executed under their hands and
seals the day and-year first above written. - -
UITtuSS: - • `/tj Rubble Oil G Refining Company .(L.S.)
• li', (LESSOR).
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Each of the undersigned owners or cortgagees of the prem on which the above equipment is to be installed
for himself, his legal representatives, successors and assigns,t� consideration of the installation of said
equipment hereby consents to the foregoing agreement and- agrees?b be bound-by the terms and conditions thereof
with respect to the installation, removal, or abandonment of eq rut placed thereon by Lessor or acquired by it
from any predecessor in title, and hereby expressly waives gll .4t tt so hold, carton e, cl m or levy upon said
equipment or any part thereof'for•interest, rent or.otherwl5o. ' ,Cl\t( /
R. $i,fit'''t - r a . 41i�-, (L.5.) g"
o lIITLt9:SS:
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o tfl1t SS: . . 1 ,1, CA - - (mortgagee) .
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s' ° Note: All blank spaces to E ,a 4 �VI` ibk- to execution.
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