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HomeMy Public PortalAbout1973_11_01SPEC R- • • WAIVER OF NOTICE • 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, and consent that the meeting shall be held in the Council Chambers of the Town Council at 4 :00 P.M. , Thursday, Novem- ber 1, 1973 , for the purpose of considering two (2) Deeds of Correction to the Loudoun County Rescue Squad, Inc . , and any other business as may come before said Council . G. Dewey ,Irl- , Mayor 01 / r i eA/La---) Wait/Pe tfroe‘ = Herbert L. R' . . - jic ir'r Y1 I. ,2e-- (1 u 's::; Orr a . Ter AlPi � K/ hn/W. Pumpy bio n A. Wallace, Jr. ir• • •1 • /I 172 MINUTES OF SPECIAL MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 1, 1973 . A special meeting of the Leesburg Town Council was held in the • Council Chambers , 10 West Loudoun Street, Leesburg , Virginia on No- vember 1, 1973 at 4:00 P.M, pursuant to Waiver of Notice attached hereto . Due to lack of a quorum, the meeting was not called to order by the Mayor until 4: 12 P.M. Present were the following :a?tayor G. Dewey Hill, Councilmen Walter F . Murray , John W. Pumphrey , . Terry Titus ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting were Councilmen Robert A. Orr, Herbert L. Ridder and John A. Wallace, Jr. Mayor Hill stated that the purpose of the meeting is to consider corrections to two deeds conveying Town-ownelland to the Loudoun County Rescue Squad, Inc . in order that these Deeds might be re- corded and construction started on the Rescue Squad building . tr On motion of Councilman Titus , seconded by Councilman Murray, the following resolution was proposed : BE IT RESOLVED, that the Mayor is hereby authorized to execute the originals of the attached copies of Deeds of Correction to the Loudoun County Rescue Squad, Inc . , and that the Clerk shall affix the Seal of the Town thereto . After some discussion concerning the corrections to be made and the • fact that a Deed of Easement for sanitary sewer is to be accepted by the Town, on motion of Councilman Titus, seconded by Councilman . Pum- phrey, the following amendment was unanimously adopted : AND BE IT FURTHER RESOLVED, that the Town will accept the transfer of the conveyance of the easement from the Loudoun County Rescue Squad, as shown on the copy attached to this resolution . The resolution, as amended, was then unanimously adopted : Mr. Ritter reported that English Construction Company is moving in its trailers and equipment for the By-Pass construction and they are desirous of connecting an office trailer to the Town 's water and sewer system. The service station and restaurant located on Route 15 at the By-Pass will be demolished and they would like to use the lines presently serving these buildings for their trailer. It was believed the Highway Department would take over this water and sewer tap if they are taking this piece of property, however, Town Attorney Martin said there would be a road over this eventually . He also raised the question of a Health Department permit for such a connection. After some further discussion concerning this matter and a telephone call • to Mr . Connock , Resident Engineer for the Highway Department, to clarify the Highway Department 's position concerning this, on motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager is authorized to grant a temporary water connection to English Construction Company, located at Route 15 south at the By-Pass , and BE IT FURTHER RESOLVED, that the Town Manager be authorized to grant a temporary sewerage connection at this location on or about December 14, 1973 , at which time said sewer tap ceases to be utilized by the service station and restaurant owned by McKenzie 's . On motion of Councilman Murray, seconded by Councilman Pumphrey, • the meeting was adjourned at 5 :00 P.M. Ma .r Clerk of Council THIS DEED OF CORRECTION, made this day of 1973, by and between the Town of Leesburg, State of Virginia, a municipal • corporation,, hereafter called Grantor, and the Loudoun County Rescue Inc. , Squad,/ a corporation duly chartered by the State of Virginia, hereafter called Grantee; WITNESSETH : - THAT WHEREAS, deed dated 6 August 1971, recorded in the Clerk's Office of the Circuit Court for Loudoun County in Deed Book 536, at Page 312, did not give warranty of title; and • WHEREAS, the parties hereto are desirous of correcting the said deed by this instrument. NOW, THEREFORE, THIS DEED FURTHER WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10. 00) cash in hand paid, Grantor hereby grants and conveys in fee simple and with special warranty of title, unto the Grantee, that certain tract or parcel of land situate, lying and being in the Town of Leesburg, Loudoun County, Virginia, containing 31, 196 square feet of land and more particularly described according to survey and plat made by DeLashmutt Associates, C•. L. S. , dated July 1971, by metes and bounds as follows: "BEGINNING at the intersection of the south right-of-way line of South Catoctin Circle and the original center line of Clay Road (abandoned); thence departing from the said south right-of-way line of South Catoctin Circle andrun- ning along the original center line of Clay Road (abandoned) on the following courses and distances: S 25°00'00!' E- 106; 42 feet to a P. C. 106. 47 feet on the arc of a curve to the right, which curve has a radius of 305. 00 feet and • the chord of which arc bears S 15°00'00" E-105. 93 feet to a point; thence departing from the original center line of • Clay Road (abandoned) and running through the property of the. ' . Town of Leesburg S 73°00'00" W-145. 00 feet and N 19°59' 40" .W-206. 42 feet to a point in the aforementioned south right-of-way line of South Catoctin Circle; thence running along the said south right-of-way line of South Catoctin Circle 145. 02 feet on the arc of a curve to the left, which curve has a radius of 695. 00 feet and the chord of which arc bears N 70°58'40" E-144. 76 feet to the point of beginning. Containing 31, 196 square feet of land. • . Subject, however, to a 30 foot sanitary sewer easement running along the east line of the above described tract and any other easements, rights-of-way or restrictions of record. " This conveyance is made upon the condition that if and when Grantee should ever cease to use the land herein conveyed to store or house equipment used for purposes of aiding or rescuing the sick, injured or persons in positions of danger or peril or if the corporate charter of Grantee is dissolved, then title to the above described land shall revert to Grantor, together with all improvements thereon. WITNESS the following signatures and seal: The Town of Leesburg State of Virginia By (S E A L) Mayor ATTEST: Clerk of the Council for the Town of Leesburg, State of Virginia STATE OF VIRGINIA ) To-Wit: COUNTY OF LOUDOUN ) a Notary Public in and for the State • and County aforesaid, do hereby certify that G. Dewey Hill and Dorothy B. Rosen, whose names are signed as Mayor and Clerk of the Town of • Leesburg, a municipal corporation, on behalf of the corporation, to the foregoing writing bearing date on the day of , 1973, - 2 - • 4 • THIS DEED OF CORRECTION, made this day of• , 1973, by and between the TOWN OF LEESBURG, State of Virginia, a . municipal corporation, hereafter called Grantor and the LOUDOUN COUNTY INC. , RESCUE SQUAD, /a corporation duly chartered by the State of Virginia, hereafter called Grantee; WIT NESSETH : THAT WHEREAS, deed dated 28 August 1973, recorded in the Clerk's Office of the Circuit Court for Loudoun County in Deed Book • 582, at Page 854, did not give warranty of title; and WHEREAS, the parties hereto are desirous of correcting the said deed by this instrument. NOW, THEREFORE, THIS DEED FURTHER WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10. 00) cash in hand paid, Grantor hereby grants and conveys in fee simple and with special warranty of title, unto the Grantee, that certain tract or parcel of land, situate, lying and being in the Town of Leesburg, Loudoun County, Virginia, containing 27, 071 square feet of land, and more particularly described according to survey and plat made by DeLashmutt • Associates, C. L.S. , dated May 1973, by metes and bounds as follows:. Beginning at a point in the centerline of Clay Road (abandoned), said point being the southeast corner of the 'property of the Loudoun County Rescue Squad, Inc. , as same appears duly recorded among the Land Records of Loudoun County, Virginia; thence running along the said centerline of Clay Road (abandoned) S 5°00'00" E 240. 36 feet to its intersection with the original south boundary line of the former property of Loudoun Proper- ties, Inc. , as same appears on a plat for dedication of Clay Road, dated June 19, 1956 and duly recorded among the aforementioned Land Records; thence running • along a portion of said south boundary line S 67°37'30" W ' - 82. 69 feet to a point in the original south line of Parcel G, as same appears on the aforementioned Plat of Dedication of Clay Road; thence departing from said original south line and running through Parcel G, N 190 59'40" W -243. 19 feet to the original southwest corner of the aforementioned property of the Loudoun County Rescue Squad, Inc. ; thence running along the south line of the said property of the Loudoun County Rescue Squad, Inc. N 73°00'00" E - 145. 00 feet to the point of beginning. Containing 27, 071 square feet or 0. 62192 acres of land. Subject however to a 30 foot sanitary sewer easement • running along the east line of the above described • tract and any other easements, rights of way or restrictions of record. And further subject to the reservation by Grantor of • the two (2) sanitary sewer easements shown on 'the said plat described as "sanitary sewer easm't. (Required). " This conveyance is made upon the condition that if and when • Grantee should ever cease to use the land herein conveyed to store or house equipment used for purposes of aiding or rescuing the sick, injured or persons in positions of danger or peril or if the corporate charter of Grantee is dissolved, then title to the above described land shall revert to Grantor together with all improvements thereon. WITNESS the following signatures and seals: The Town of Leesburg State of Virginia • (S E A L) By Mayor ATTEST: ' Clerk of the Council for the Town of • Leesburg, State of Virginia STATE OF VIRGINIA ) To-Wit: COUNTY OF LOUDOUN ) a Notary Public in and for the State and County aforesaid, do hereby certify that G. Dewey Hill and Dorothy B. Rosen, whose names as Mayor and Clerk respectively, of the Town of Leesburg, a municipal corporation, on behalf of the corporation, are signed to the foregoing writing bearing date on the day of , 1973, - 2 - . • THIS DEED OF EASEMENT, made this day of _ ' 1973, by and between LOUDOUN COUNTY RESCUE SQUAD, INC ; :.arVirginia Corporation, party of the first part; and THE TOWN OF LEESBURG, State of Virginia, a municipal corporation, party of the second part; WITNESSETH : That for and in consideration of the sum of TEN DOLLARS ($10. 00) . and other good and valuable consideration, the receipt whereof at and before the signing and delivery of this deed ie hereby acknowledged, the said Loudoun County Rescue Squad, a Virginia Corporation, party of the first part, doth hereby bargain, sell, grant and convey with general warranty • of title unto the said Town of Leesburg, State of Virginia, a municipal corporation, party of the second part, an easement for a sanitary sewer lying on the front, contiguous to Catoctin Circle, of the lot conveyed to the Loudoun County Rescue Squad, a corporation duly chartered by the State of Virginia, by the Town of Leesburg, State of Virginia, a municipal corpora- • tion, by deed dated 6 August 1971, recorded in Decd Book 536 at Page , 312 in the Clerk's Office of the Circuit Court for Loudoun County, said• easement being inore particularly described on Plat recorded with said deed at Page 314. • The easement hereby conveyed is 'a portion of the same land that • was conveyed unto the grantor herein by deed of the Town of Leesburg, . State of Virginia, a municipal corporation, dated 6 August 1971, of record in the Clerk's Office for the County aforesaid in Deed Book 536, at Page 312, to which said deed and the references contained therein, reference is made • for a more particular description of the property hereby conveyed.• • The grantor covenants that it•will warrant generally the title to the property.hereby conveyed; that it is seised in fee simple thereof and .. . J • • • has good right to convey the same; that the grantee shall enjoy quiet possession thereof, free from all encumbrances; and that it will execute such further assurances of the same as may be requisite. ' WITNESS the following signatures and seal: j LOUDOUN COUNTY RESCUE SQUAD, INC. BY: President (SEAL) . ATTEST: Secretary STATE OF VIRGINIA ) ) To-Wit: COUNTY. OF LOUDOUN. ) a Notary Public in and for the State and County aforesaid, do hereby certify that , whose names as President and • Secretary, respectively, of Loudoun County Rescue Squad, Inc. , a Virginia. Corporation, are signed to the foregoing writing bearing date on the day of , 1973, have this day acknowledged the same before me in my State and County aforesaid. Given under my hand this ' day of , l973. Notary Public- My Commission Expires: i - 2 -