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HomeMy Public PortalAbout1986_11_26_O056ORDINAN~ NO. AN ORDINAN~: 86-0-56 PRE SE NTE D AMENDED ADOPTED Npv~mh~r 76~ 1986 November 26, 1986 November 26, 1986 AMENDING THE ZONING DISTRICT MAP FOR #ZM-81 VIRGINIA POWER TO REVISE PROFFERS PERTAINING TO #ZM-64 WHEREAS, an application by Virginia Power to amend two proffers pertaining to #ZM-64 on the Nelson tract along Sycolin Road was received and referred to the Planning Commission on September 24, 1986; and WHEREAS, the Planning Commission and Council held a joint public hearing on this application on October 22, 1986; and WHEREAS, the Planning Commission on November 6, 1986, recommended to Council approval of the proposed proffer amendments contingent upon recordation of an alternative access easement for the Santmyer tract by the owner of the Richlynn property to the south of the Virginia Power tract; and WHEREAS, this Council is satisfied that adequate alternative access from Route 643 will be available to the developers of the Santmyer tract; and WHEREAS, these proffer amendments are in the interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map for a 10-acre tract of land located on the east side of Route 643 (Sycolin Road) and bounded by the property of Shreve on the north, Smiley and Santmyer on the south, Santmyer on the east and Route 643 on the west, to amend proffers 5 and 6 pertaining to #ZM-64 to read as follows: 5. Direct access to Sycolin Road from this property shall be limited to a single entrance.located ............ ~ ...... ~f the -2- AMENDING THE ZONING DISTRICT MAP FOR #ZM-81 BY VIRGINIA POWER TO REVISE PROFFERS PERTAINING TO #ZM-64 igh ..................... gi .L_,~ b= d=d ..... d ~v allow SECTION II. This ordinance shall be in effect upon recordation of the attached Deed of Easement between Bruce Brownell and John V. Santmyer or his heirs. PASSED this 26th day of November , 1986. Robert E. Sev:tla, Mayor Town of Leesburg ATTEST: Clerk of/uncil This Deed of Easement, by and between Bruce M. Browneli, home sole, party of the first part (Owner); South Leesburg Partnership, party of the second part (SLP); and John V. Santmyer, or his heirs, parties of the third part (Santmyer) this day of November, 1986. W i T N E S S E T H : 1. That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid and other good and valuable consideration, the receipt whereof is hereby acknowledged, Owner does hereby grant unto South Leesburg ~artnership an 80' access easement, shown aS Easement I on the attached plat by Patton, Harris, Rust and Associates. This access easement is granted solely for its future use as a public right-of-way. Any other use is strictly prohibited. 2. That for and in consideration of the sum of One Dollar ($!.00) cash in hand paid and other good and valuable consideration, the receipt whereof is hereby acknowledged, Owner does hereby grant unto Santmyer a 50' access easement, shown as Easement 2 on tko attached plat by Patton, Harris, Rust and Associates. This access easement is granted solely for its future use as a public z~gh~-o=-~ay. Any other use is strictly prohibited. Shcuid Santmyer fail to dedicate said easement for public street purposes in conjunction with the ~eveiopment of the parcel benefitted by 'this easement, then this easement may be vacated by either of the parties hereto or their heirs, executors, administrators or assigns. Owner hereby agrees that the holders of the easements aforesaid may dedicate said easements and the underlying fee simple interest of Owner for public street purposes without further action of the Owner. The rights granted kerein by Owner are non-exclusive, The grant of these easements in no way limits the ability of Owner or his assigns to enter onto said easements, and construct and dedicate public roads, streets and improvements consistent with the uses indi:cated above. Witness the following signature and seal: Bruce M. nrownell STATE OF ViRGiNiA To-,~. COUNTY OF LOUDOUN, ~o~=~ing instrument dated Noverbar , 1986, was ac~{nowiedged before me this day of November, 1986 by Bruce "~. · .~ L~'awneii. My commission axoires: Notary Public