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