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HomeMy Public PortalAbout1988_09_07SPEC55 MINUTES OF SPECIAL MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 7, 1988 A special meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, on September 7, 1988, at 6:15 p.m. pursuant to notice thereof having been delivered to all Councilmembers prior thereto. Present were: Mayor Robert E. Sevila; Councilmembers James E. Clem; Christine M. Forester; Claxton E. Lovin; William P. Mulokey; and John W. Tolbert, Jr. Donald A. Kimball was absent. Town staff members present were: Town Manager Jeffrey H. Minor; Assistant Town Manager Steve Brown; Director of Finance Paul York; Director of Engi- neering and Public Works Tom Mason, Director of Parks and Recreation Gary Huff; Director of Planning, Zoning and Development Martha Mason -Semmes; Planner Peter Stephenson; and Director of Utilities Randy Shoemaker. The meeting was called to order by Mayor Sevila. On motion of Mr. Tolbert and duly seconded, Council voted unanimously to go into executive session, pursuant to Section 2.1-344(a)(2) of the 1950 Code of Virginia, as amended, to discuss the acquisition of real property, with the following staff to remain: Town Manager Jeffrey H. Minor; Assistant Town Manager Steve Brown; Director of Planning, Zoning and Development Martha Mason - Semmes; Director of Finance Paul York; and Town Attorney George Martin. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Council reconvened with no action taken. 88-161 - RESOLUTION - AUTHORIZING AN OFFER TO SARKIS A. SATIAN, GOURGEN H. ASSATURIAN AND MARGARET M. ASSATURIAN FOR STORM DRAINAGE, TEMPORARY CONSTRUCTION, AND WATER LINE EASEMENTS AND AUTHORIZING CONDEMNATION PROCEEDINGS On motion by Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed, and after a brief explanation by Mr. Minor, was ' unanimously adopted: WHEREAS, the Town of Leesburg in Virginia has determined that storm drainage, temporary construction and water line easements are necessary to construct a water storage facility called for in the town's Water and Sewer Master Plans and which is essential for improved fire flow and pressure in a large portion of Leesburg; and WHEREAS, the value of the storm drainage, temporary construction and water line easements is estimated to total $2,000.00; and WHEREAS, due to the construction of the Hogback Mountain water storage facility, an essential convenience, necessity and emergency exists requir- ing entry upon the lands of Sarkis A. Satian, Gourgen H. Assaturian and Margaret M. Assaturian for construction of the aforesaid water storage facility prior to adjudication of value, pursuant to Section 25-46.8 of the 1950 Code of Virginia, as amended; and WHEREAS, the property is described in Deed Book 470, page 660 among the land records of Loudoun County, Virginia with the easements located on parcels 5A and 4A-2: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sarkis A. Satian, Gourgen H. Assaturian and Margaret M. Assaturian are hereby offered the sum of $2,000.00 cash for the acquisition of easements described on the plat titled Hogback Mountain Water Tank site of Dewberry and Davis dated May 5, 1988, on condition that title to the land affected is free and clear of all defects, liens or conditions which would inhibit the use of the area for the purposes intended; the easements will be conveyed according to the plat and description described thereon by good and proper deed, a copy thereof is attached, with the usual warranties of title within ten (10) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance; and the grantors tax shall be paid by Sarkis A. Satian, Gourgen H. Assaturian and Margaret M. Assaturian. 1 56 i•1 ­:i=f_ -C 03 LTi:i 3 7fJI,_rT=, _ —.1 S SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public necessity exists for the acquisition of the easement by condemnation and right of early entry pursuant to Section 25-46.8 of the 1950 Code of Virginia as amended, and does hereby authorize the town attorney to file the requisite for condemnation and early entry, giving notice thereof as required by law, on behalf of the Town of Leesburg. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion by Mr. Clem, seconded by Mr. Tolbert, the meeting was ad- journed. Clerk of Cduncil sw r Mayor