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HomeMy Public PortalAbout1975_02_26 1'76 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 26, 1975. A regular meeting of the Leesburg Town Council was held. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia', on February 26, 1975 at 7 :30 P.M. -The meeting was called to order by the Mayor, with Councilman Orr offeringthe prayer, and followed by the Salute to the Flag. Present were : Mayor G. Dewey Hill, Coun- cilmen Mary Anne Newman, Robert A. Orr, Herbert L. Ridder, James A. Rock and C. Terry Titus ; also Acting Town Manager E. Wesley Devero. Absent from the meeting was Councilman Charles E. Bange. Theinkkt,,es ggf the regular meeting of February 12, 1975 were correctNila§ TtY !bas by Councilman Titus : Page 162, at the end of Item (1) of his report, to read as follows: "even though the City. officials felt that it is not valid." Page 165, next to the last line in the first resolution, to read: "the Sewer Suit Committee." Page 166, first paragraph of explanation, 3rd line from the bot=- tom, to read: "it is a package plant '. Page 170, resolution concerning "Wells," 7th paragraph, last line, to read: "and utility easements,". These Minutes were approved, as corrected. The Minutes of a special meeting of February 17, 1975 were approved as written. Acting Town Manager Devero submitted a written report, however, he reported verbally on the following items : (1) Mr. Hawthorneis present from Johnson and Williams to make recommendations on procedures to be followed on the wells. (2) Substitute resolutions are proposed for Items 2, 3, 4 and 6 on the Agenda. It is recommended that Item #7 be referred back to the Finance and Administration Committee, approval having been given by the Town Attorney. The Addition to the Agenda has also been approved by the Town Attorney. (3) Johnson and Williams has been written, requesting a sug- gested letter in connection with renewal of the Maryland permits on the Potomac River Water Project. (4) Armfiel4 Harrison & Thomas has advised that the Town is covered with insurance on Rotary Park and there should be no increase in premium for the next year. This will be requested in writing. (5) Insurance companies have been called in connection with the Retirement Study, with time for submittal of proposals being ex- tended until February 28th. As of today, only two proposals have been received. (6) Delegate Rollins has advised that the Charter Amendments should be acted on by the Senate on February 19th or 20th, with the Governor to sign in approximately two weeks. (7) Johnson and Williams has advised that Mr. Eggborn will re- view the plans shortly on the transmission line and the stand tank. He will notify the Town directly. Councilman Ridder asked the effect of striking the "Conflict of Interst" section from the Charter Amendments. Mayor Hill advised that he talked with Delegate Rollins today, who said the Charter Amendments were approved almost verbatim, with the exception of this section. This was stricken inasmuch as the Town would fall under the State Code provision. Councilman Rock asked Mr. Devero to contact VEPCO concerning blocking off and barricading the W. •& 0.D. right-of-way and the en- trances and exits in order to eliminate the motorcycles within the Town limits. After considerable discussion on this subject, it was felt that a meeting with VEPCO officials and Highway Department of- ficials would be more effective and Mr. Devero was instructed to ar- range such a meeting. Mayor Hill said he g g ed to set up a meeting with the parents of children owning $� and the Chief of Police, but he has not yet been successful. 1 7" MINUTESOF FEBRUARY 26, 1975 MEETING. 1 Councilman Rock also asked that Item #7 on the Agenda be referred back to committee . Councilman Titus had the following items : (1) After discussion with members of the School Board Adminis- tration,mgmkamc he would like to continue discussions with them con- cerning the possibility of the Town serving them with water at the Middle School. He asked that this matter be put on the Public Works Agenda and ask Mr. Mackey and Mr. Chamberlin to be present. With no objection from Council members , the Committee will attempt to meet with these people before the next School Board meeting on March 11th. (2) He has received a severe complaint concerning the charge made to commercial establishments for trash pick-up. He felt that there are inconsistencies in the Ordinance and questioned the quali- fications of those establishing the amount of trash and the amount of the bills. He felt that this should be studied by a committee and see if it is possible to abolish this charge at this time. He also reported that there have been comments that the Town 's trash contractor is in competition with the Town. After some little dis- cussion, this matter was referred by the Mayor to the Finance and Administration Committee for study and recommendation. (3) He objected vehemently to items used by Radio Station WAGE before Council meetings, some of these items concerning matters that may or may not be acted on by Council. He felt that members of the WAGE staff should attend these meetings before coverage is given. In fact, he did not feel that WAGE should be furnished with copies of the Agenda. After some discussion, it was decided that the Town Manager should invite members of the staff to attend the next public meeting of the Council. Councilman Orr commended the Street Department for picking up trash from the streets. Mayor Hill offered the name of Charles E. Bange to fill the vacancy on the Planning Commission due to the resignation of Coun- cilman Titus . Mr. Titus stated that he did not wish to resign, but he did so and he remains firm on his position. On motion of Coun- cilman Ridder, seconded by Councilman Orr, the following resolution was proposed and unanimously adopted: BE IT RESOLVED, that Charles E. Bange be appointed to frail taixonxxxodcxtaxx'ecsx;+cx5iicko:xx®x the Planning Com- mission. Aye: Councilmen Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None . Mayor Hill advised that, at the request of the Council commit- ees, he has contacted the owner of the IGA property concerning an op- tion to purchase said building. A 60-day option is in hand, begin- ning on February 25th, to make a study to see if the property is feasible, and whether it could fit in with other alternatives con- cerning expansion of the Town Offices . He advised that the present tenant is well aware of this option and is agreeable for the Town to come on the property and make any studies necessary. The Agree- ment was read by the Clerk at this time and is attached hereto, as well as a letter from Dick A. Richards of Myers Realty Company con- ' cerning same. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the Mayor be authorized to sign the Agreement on behalf of the Town in regard to the W & L property. After some discussion, this resolution was unanimously adopted, as shown: Aye: Councilmen Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None. '178 MINUTES OF FEBRUARY 26 , 1975 MEETING. - -_ - --On motion of Councilman Orr, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that a committee be appointed by the Mayor to employ a consultant or consultants for the purpose of in- spection and feasibility of use of the building owned by the W & L Corporation (the IGA Building) , and to make recommenda- tions to the council. During discussion, it was felt that the County Building Inspector and the Fire Marshal should be asked to look at this building. Also, that the Town Forces should be available to check out the footings to make sure they are strong enough. The resolution was then unani- mously adopted, as shown: Aye : Councilmen Newman, Orr, Ridder, Rock, Titus and Mayor Hill. Nay: None. Mayor Hill appointed to this committee Councilmen Ridder and Titus, Mr. Forbes, Mr. Devero and any member of the staff they feel neces- sary. It was felt that the committee should use its own judgment in setting a limit on fees for a consultant(s) . Councilman Titus said this committee will report back to Council by April 23rd. A Memo from the Board of Supervisors was read by the Clerk, this concerning a response by the Council to a Questionnaire regarding utility costs and whether or not the Legislature should be called back into Special Session to consider such rates , etc. The Ques- tionnaire and resolution adopted by the Board were also read. On motion of Councilman Rock, seconded by Councilman Orr, the follow- ing resolution was proposed: BE IT RESOLVED, that the Questionnaire be answered with a "Yes" to Question No. 1, and a "No" to Question No. 2. After some discussion, this resolution was unanimously adopted, as shown: Aye : Councilmen Newman, Orr, Ridder, Rock, Titus. and Mayor Hill. Nay: None. Mr. Jack Hawthorne, of Johnson and Williams, reported on his in- vestigation of the Town 's water situation. His proposal was as fol- lows : (1) Develop a set of specifications for wellsdiggexa (this should take a minimum of two weeks) and employ an inde- pendent geologist to verify the sites chosen by the State geologist (at approximately $500.00) . (2) After the above has been done, bid the project to repu- table well diggers in the area, as well as public adver- tisement of same , open the bids, drill the well and test it. (3) Evaluate the existing system, particularly the Nickels Well, and see if this capacity can be expanded. He would be prepared to submit the specifications by March 12th. There followed discussion concerning Nickels Well, with attention called to the fact that a piece of pipe attached to the impellers was lost in the bottom of the well a year or so ago. Mr. Hawthorne explained that his goal would be to get a "quick fix" for the summer tin , keep his sightsset on the problems with existing wells and what can be done to get them producing at their capacity as quickly as possible. Mr. Devero pointed out that it may be September before another well can be put on the line. He recalled the problems en- countered last summer and asked that Council look at these problems cautiously, but with speed, in case there are problems this summer. He felt that temporary measures should be considered, and suggested the possibility of using another electric eye. Myers Well is pump- ing approximately 20 ,000 gpd more with the use of this equipment. is 179 MINUTES OFFEBRUARY26 , 1975 MEETING. - On motion of Councilman Titus , seconded by Councilman Rock-, the following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Johnson and Williams , Inc. , Consulting Engineers, be authorized to prepare specifications on a new well or wells that will best serve the Town, and to retain the services of a geologist to evaluate the wells proposed by the geolo- gist with the State Water Control Board, and BE IT FURTHER RESOLVED, that the above work be completed and reported to the Council by March 12, at a cost not to exceed $2,000, and BE IT FURTHER RESOLVED, that Johnson and Williams, Inc. be authorized to evaluate the existing wells, at a cost not to exceed $2,000, and report to the Council by March 26. Aye: Councilmen Newman, Orr, Ridder, Rock, Titus and Mayor Hill . Nay : None . Councilman Titus asked that a copy of this resolution be immediately sent to Johnson and Williams . Mayor Hill extended to Council members , on behalf of Mrs . Agnes Harrison, an invitation- to a Keep Loudoun Beautiful luncheon, to be held at Goose Creek Club on Wednesday, March 5th at 12 Noon. On motion of Councilman Titus , seconded by Councilman Newman, the following Ordinance was proposed: BE IT ORDAINED by the Leesburg Town Council, that there is hereby adopted by the Town of Leesburg, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, an Ordinance, to be known as the 'Fire Prevention Code," copies of which are on file in the Office of the Town Manager for viewing by the general public between the hours of 9:00 A.M. and 5 :00 P.M. , and BE IT FURTHER ORDAINED, that the Code hereby adopted shall be enforced by the Town Fire Marshal, and BE IT FURTHER ORDAINED, that all former ordinances or parts thereof conflicting with or inconsistent with the provisions of this Ordinance are hereby repealed. Councilman Rock felt that this Ordinance is not clear. He, therefore, offered the following substitute .Ordinance, which was seconded by Councilman Titus : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sections 9-2, 9-3, 9-4, 9-5, 9-6, 9-7, 9-8, 9-9, 9-10, 941, 9-12 'and 9-13 of Chapter 9 of the Town Code are here- by repealed, and BE IT FURTHER ORDAINED, that for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, an ORDINANCE, to be known as the Fire Prevention Code is hereby enacted as Chapter 9 of the Town Code, incorporating Section 9-1 of the existing Code as Section 9-8 in The Fire Prevention Code, and BE IT FURTHER ORDAINED, that The Fire Prevention Code shall be immediately effective. This Ordinance was explained by Councilman Rock. Mr. Fiske , Fire Marshal for the Town , spoke in favor of this Code , stating that this is badly needed, particularly the section which will allow him to designate Fire Lanes . He said that the owners of the property in- volved will pay for the signs designating the Fire Lanes. This Code will supersede the County Fire Code. He will make a report of every 180 MINUTES OF FEBRUARY 26 , 1975- MEETING. - - - inspection- and- fire alarm- and the Town will receive a copy of same. He explained that, in the case of violation of a Fire Lane, it would be necessary to have a Police officer serve a warrant for same. The Ordinance was then adopted by a vote of 5 to 1, as shown: Aye : Councilmen Newman, Orr, Ridder, Rock and Mayor Hill. Nay : None. Abstention: Councilman Titus . Councilman Orr left the meeting at this time . On motion of Councilman Rock, seconded by Councilman Newman, the following Ordinance was proposed: BE IT ORDAINED by the Town Council of the Town of Leesburg, that Section 22-4 of Chapter 22, Trailer Camps , of the Code of the Municipality of the Town of Leesburg is hereby a- mended to read as follows : Sec. 22-4. License fees. There is hereby imposed upon every person, firm Cor- poration or association engaged in the business of operat- ing a trailer camp in the Town of Leesburg, Virginia, an annual license tax of $10.00 for each trailer space used or held out for use within the trailer camp. Said annual license tax shall be payable on or before July 1st of each and every year in one payment, but said license tax shall not be considered in default unless such default continues until August 1st of such year. If said license tax is in default because of non-payment on or before August 1st of any year and such default continue for ten (10) days after the mailing of notice thereof by the Treasurer-Commissioner of Revenue for the Town of Leesburg, Virginia, the camp permit shall be revoked immediately after said ten (10) day period. There followed lengthy discussion, with Councilman Rock feeling that this cost should not be added directly onto the trailer owner, and with Councilman Newman feeling that this tax will pay for the cost of services rendered to the trailer owners. Mr. Timberlake; Treas- urer, cited figures on personal property taxes and real estate taxes from the existing Trailer Park. The money derived from this license tax will replace the present business license. The Ordinance was adopted by a vote of 3 to 2, as shown: Aye: Councilmen Newman, Ridder and Mayor Hill. • Nay: Councilmen Rock and Titus. On motion of Councilman Titus, seconded by Councilman Ridder, the following resolution was proposed: BE IT RESOLVED, that the following amendments or new sections to the Town of Leesburg, Department of Public Works, Construc- tion Standards, prepared by Dewberry, Nealon and Davis, are hereby approved and incorporated into the Construction Stand- ards as the following pages : Page No. Section 6 Standard Road Design Information 7 Typical Section Four Lane Divided Highway 7A Divided Roadway with Crossover at Inter- section 7B Intersection Misc. Data 10 Standard Entrances Large Shopping Center 10A Standard Entrance for Shopping Center w/ Side Entrances lOB Standard Entrance for Corner Location Commercial 10C Standard Entrance for Trucking Terminal . 78 Standard Driveway Entrance DE-1 79 Standard Driveway Entrance DE-4 120 Standard Street Light Underground Service 121 Standard Detail Brick Sidewalks 181 MINUTES OF FEBRUARY 26, 1975 MEETING. After explanation by Councilman Titus, the resolution was unanimously adopted, as shown: Aye: Councilmen Newman, Ridder, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the following appropriations be made: $ 186 .00 - Photo Equipment - Acct . #500.904. (This is from the Town ' s portion of the Division of Justice and Crime Prevention , NVPDC, $3, 729 .00 Grant) . 3, 605.10 - Testing Equipment at Sewer Plant - Acct . #1400.907. 4, 311 .75 - 1975 Police Car - Acct . #500.903. (State vehicle from Lawrence Chrysler-Plymouth - purchase approved by Council in November 1974) . Mayor Hill explained the need for the testing equipment at the Sewer Plant. Corporal Bell of the Police Department explained the photo equipment , with considerable discussion following on the appropria- tion of the Grant funds. This was explained by Mr. Devero and Mr. Timberlake. On motion of Councilman Rock, seconded by Councilman Newman , the Photo Equipment appropriation was amended unanimously to read as follows: $3, 915.00 - Photo Equipment - Acct. #500.904 (This includes $186.00, which is the Town' s portion of the Division of Justice and Crime Prevention, NVPDC, Grant of $3, 729.00) . It was felt that applications for Grants should all come through the Council and not through the individual departments . Councilman Titus complimented the Police Department on this equipment and its availa- bility to the public. The resolution , as amended, was then unani- mously adopted, as shown : Aye: Councilmen Newman, Ridder , Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Titus , seconded by Councilman Newman, the following Ordinance was proposed: BE IT ORDAINED by the Town Council of the Town of Leesburg , that Section 21 .1-9 of Bingo Games and Raffles, of the Code of the Municipality of the Town of Leesburg , is hereby re- pealed. After explanation by Councilman Rock, the e olu" ,: was unanimously adopted, as shown: Aye: Councilmen Newman , Ridder, Rock, Titus and Mayor Hill , Nay: None. • On motion of Councilman Titus , seconded by Councilman Rock, the following resolution was proposed: WHEREAS, the Town of Leesburg is in possession of Perform- ance Bonds #B-178830 from Standard Accident Insurance Co. for $15, 247. 50 for the installation of water and sewer lines, and #53-SB-10909 from the Aetna Casualty and Surety Co. for $40,000. for the installation of sidewalks , curb and gutter and street paving, all in Leesburg Estates, Section 4, and WHEREAS, the developer, Sidney Z. Mensh, has completed the installation of water and sewer lines and of street im- provements in Leesburg Estates, Section 4, and 182 MINUTES OF FEBRUARY 26 , 1975 MEETING. • WHEREAS, final approval of improvements and release of Performance Bonds depends on approval by the Virginia De- partment of Highways and Transportation of street improve- ments in Leesburg Estates, Section 4, and WHEREAS, the Town does not wish to impose a hardship on the developer, Sidney Z. Mensh, NOW, THEREFORE, BE IT RESOLVED, that the Town Council here- by authorizes the reduction of the Water and Sewer Bond to $5,000.00, and the Street Improvement Bond to $20,000.00, on Leesburg Estates, Section 4. ' After explanation by Councilman Titus and discussion, the resolution was unanimously adopted, as shown : Aye: Councilmen Newman, Ridder, Rock, Titus and Mayor Hill . - Nay: None. It was requested that a copy of this resolution by sent to Mr . Thomas Nalls, attorney for Mr. Mensh. On motion of Councilman Titus, seconded by Councilman Ridder, the following resolution was proposed and unanimously adopted, as shown : WHEREAS, a request for "parking space" has been received to be made available for Dr. Willoughby on S. Wirt Street , and WHEREAS, it is Council ' s intention that no further spaces be made available on S. Wirt Street , NOW, THEREFORE, BE IT RESOLVED, that Dr. Willoughby is hereby granted a "Reserved" parking space in the Munici- pal Parking Lot , and BE IT FURTHER RESOLVED, that Dr. Harold Jackson be granted a parking space within the Municipal Parking Lot in lieu of his present reserved space on S. Wirt Street . Aye: Councilmen Newman , Ridder, Rock, Titus and Mayor Hill . Nay: None. Council directed that these spaces be the ones nearest the exit on S. Wirt Street . The Town Manager was also asked to ascertain the hours Dr. Harrington is in his office, in order to consider a request f•ranhim for a reserved space. On motion of Councilman Titus, seconded by Councilman Newman, the following resolution was proposed: BE IT RESOLVED, that the Town Manager is hereby authorized to advertise for bids to be opened on April 14, 1975 at 4:00 P.M. for the .installation in the water main of an in-line booster pump in Fairview Street , in accordance with plans and specifications prepared by Johnson and Williams , Consult- ing Engineers. Titus After discussion, during which Councilman/expressed the desire that a time limit be included in the "Invitation to Bid" , and Mn Chaves bans stated that he would ascertain from Johnson and Williams whether they could be done in order to receive bids by March 31st, the resolution was unanimously adopted, as shown : Aye : Councilmen Newman, Ridder, Rock, Titus and Mayor Hill . Nay: None. It was pointed out that the estimated cost of this project has gone from $7, 500 to $11 ,000 to $12,000. • 183 MINUTES OF FEBRUARY 26 , 1975 MEETING. On motion of Councilman Titus, seconded by Councilman Rock, the following resolution was proposed: _ WHEREAS, on February 17 , 1975 at 4:00 P.M. , the Public Works Committee opened bids for the construction of a storm sewer system from Edwards Ferry Road to the Pizza Hut property, and through • the property of. the Loudoun County School Board at the Middle School to the Old W. & O.D. right-of-way, and WHEREAS, Perry Engineering Company, Inc . submitted the lowest acceptable bid of $67 , 594.00, NOW, THEREFORE, BE IT RESOLVED, that Perry Engineering Company, Inc. be informed to proceed with the installation , in accord- ance with plans and specifications prepared by Dewberry, Nea- lon & Davis , Consulting Engineers , and that the work should be started within 15 calendar days after the award of the contract , and to complete the work in 120 calendar days after the award of the contract. Councilman Rock felt that the time limit should be in the bid and asked Mr. Chaves to secure their written consent to the 120 day time limit . Councilman Titus felt that all property owners af- fected should be notified that the contractor will be working on their property and that the Town will appreciate their cooperation. The resolution was then' unanimously adopted, as shown : Aye: Councilmen Newman , Ridder, Rock , Titus and Mayor Hill . Nay: None. On motion of Councilman Titus , seconded by Councilman Rock, the following resolution was proposed: WHEREAS, a traffic problem exists át the intersection of Market and Liberty Streets due to the number of vehicles parking on both streets at the southeast corner, NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is in- structed to forbid the parking of vehicles on the east side of Liberty Street to a point 42 feet south from the corner at Market, and on the south side of Market Street to a point 56 feet from the corner of Liberty Street . After considerable discussion , the resolution was adopted by a vote of 4 to 1 , as shown : Aye: Councilmen Newman , Rock, Titus and Mayor Hill . Nay: Councilman Ridder . On motion of Councilman Titus , seconded by Councilman Rock, the following resolution was proposed and unanimously adopted, as shown : WHEREAS, in order to complete the storm drainage installation in the Catoctin Circle, Route 7 area, an easement must be ac- quired for this purpose on the lands of the late Minor Glenn in the Town of Leesburg , Virginia; and WHEREAS, the Council had the easement appraised to determine its fair market value and is willing to purchase said ease- ment from Lucy Glenn , Widow of the late Minor Glenn, for the appraised value; THEREFORE, BE IT RESOLVED, that the sum of $1 , 500.00 be and the same is hereby appropriated from the 1971 Bond Issue to pay for said easement, and the Treasurer shall deliver a check for said sum to Lucy Glenn, or E. B. White, her Attor- ney, upon delivery of a deed conveying the easement to the Town , only when said title, deed and release of the check has been approved by the Town Attorney in writing . Aye: Councilmen Newman, Ridder, Rock, Titus and Mayor Hill . Nay: None. 184 MINUTES OF FEBRUARY 26, 1975 MEETING. On motion of Councilman Titus, seconded by Councilman Ridder, a resolution concerning water and sewer taps in Leesburg Square, Loud- oun Hills and Scandwas proposed and discussed. It was felt that this should go back to the Public Works Committee for further dis- cussion and review by the Town Attorney. On motion of Councilman Titus, seconded by Councilman Ridder , Council voted unanimously to send ' this back to the Public Works Committee, as shown: Louncilmen Newman, Ridder, Rock, Titus and Mayor Hill . Nay: None . Councilman Titus asked that. a Police Officer be at the door of II the Council Chambers on March 10th prior to 7 : 30 P.M. to direct any persons interested to the Public Hearing on the appeal by the Board of Supervisors of the Board of Architectural Review' s decision not to grant a Certificate of Appropriateness on the County Office Com- plex, this hearing to be held in the School Board Annex at 7 :30 P.M. He also requested that Notices of said hearing be posted on the Council Room door and on the door at the Annex. On motion of Councilman Rock, seconded by Councilman Ridder, the meeting was adjourned at 10 : 50 P.M. -77764)2.4`r÷Mh4) Mayos /.6trP.(„ ��,""" �U ne,.,/ Clerk of trye Council i I I i . THIS A_%i`•-".i:,ENT-- i Entered into that 25th d y of Februcry-1.?75, ... , IM, gfpry }r t .,.ep, _ ._. :`�J�'._� `.dais ( '�.'.ee f t�.r known FT - ; T e :'!!^4 y Cn l.[... 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