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HomeMy Public PortalAbout2014_01_28_O003 Approving the Sale of Real Property to Loudoun Water The Town of Leesburg, Virginia PRESENTED: January 28, 2014 ORDINANCE NO. 2014-0-003 ADOPTED: January 28, 2014 AN ORDINANCE: APPROVING AND AUTHORIZING THE SALE OF APPROXIMATELY 1.8 ACRES OF REAL PROPERTY OWNED BY THE TOWN OF LEESBURG, LOCATED ADJACENT TO THE KENNETH B. ROLLINS WATER TREATMENT PLANT, TO LOUDOUN COUNTY SANITATION AUTHORITY AND GRANTING CERTAIN PERMANENT AND TEMPORARY EASEMENTS TO LOUDOUN COUNTY SANITATION AUTHORITY AND THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY. WHEREAS, the Town of Leesburg ("Town")owns vacant real property located adjacent to the Kenneth B. Rollins Water Treatment Plant("Water Treatment Plant")43234 Edwards Ferry Rd., Leesburg, Virginia, PINS 110-37-6809 and 110-27-0452,these parcels of land being dedicated to the Town on or about November 22, 1993, from River Creek, L.P., and July 21, 1999, from Coscan Washington, Inc.; and WHEREAS,this vacant land is located in Loudoun County; and WHEREAS, Loudoun Water owns approximately 22.73 acres of vacant real property (PIN 110-27-9263) adjacent to the town-owned property; and WHEREAS,the Loudoun County Sanitation Authority, doing business as Loudoun Water("Loudoun Water"), desires to construct a Raw Water Intake Facility and Pumping Station on the Potomac River in order to obtain water from the river for its operations; and WHEREAS, Loudoun Water has proposed to purchase approximately 1.18 acres of town- owned property which lies adjacent the Loudoun Water land in order to build the Raw Water Intake Facility and Pumping Station along with permanent and temporary easements to support the facility; and -2- AN ORDINANCE: APPROVING AND AUTHORIZING THE SALE OF APPROXIMATELY 1.8 ACRES OF REAL PROPERTY OWNED BY THE TOWN OF LEESBURG, LOCATED ADJACENT TO THE KENNETH B. ROLLINS WATER TREATMENT PLANT, TO LOUDOUN COUNTY SANITATION AUTHORITY AND GRANTING CERTAIN PERMANENT AND TEMPORARY EASEMENTS TO LOUDOUN COUNTY SANITATION AUTHORITY AND THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY. WHEREAS, Loudoun Water proposes to effectuate the purchase by way of a Deed of Boundary Line Adjustment; and WHEREAS, the Town Council, on advice from the Town Manager and Department of Utilities, has determined that this 1.18 acre of vacant land will not be needed for expansion of the Water Treatment Plant and authorized Town staff to negotiate the potential sale of the land and conveyance of easements; and WHEREAS,the Town's land acquisition manager has appraised and determined the fair market value of the 1.18 acre portion of real property as well as the easements to be granted to Loudoun Water based upon comparable sales in the area and Loudoun Water has agreed to this price; and WHEREAS, the Town Council is of the opinion that the sale of this property is in the public interest. The Council of the Town of Leesburg in Virginia hereby ordains: SECTION I. That the sale of the real property, as well as the conveyance and acceptance of easements described below to Loudoun County Sanitation Authority for the sum of$126,405.00, is hereby approved and authorized: Approximately 1.18 acres of Town-owned vacant land, PIN 110- 37-6809, to be conveyed to Loudoun Water by Deed of Boundary Line Adjustment; the conveyance of a permanent access easement, temporary construction easement and temporary overswing easement to Loudoun Water over and across this same parcel; the -3- AN ORDINANCE: APPROVING AND AUTHORIZING THE SALE OF APPROXIMATELY 1.8 ACRES OF REAL PROPERTY OWNED BY THE TOWN OF LEESBURG, LOCATED ADJACENT TO THE KENNETH B. ROLLINS WATER TREATMENT PLANT, TO LOUDOUN COUNTY SANITATION AUTHORITY AND GRANTING CERTAIN PERMANENT AND TEMPORARY EASEMENTS TO LOUDOUN COUNTY SANITATION AUTHORITY AND THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY. conveyance of a storm drainage easement to the Board of Supervisors of Loudoun County over and across this parcel; and the acceptance of permanent waterline and river access easements from Loudoun Water through and across the adjacent Loudoun Water-owned property PIN 110-27-9263. SECTION II. That the Mayor is hereby authorized, on behalf of the Town of Leesburg, to do all things necessary and desirable to carry out the sale of the real property, conveyance and acceptance of easements described in Section 1, including but not limited to,the execution and delivery of a purchase and sale agreement, deeds and other closing documents. SECTION III. All prior ordinances in conflict herewith are hereby repealed. SECTION IV. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Leesburg Town Code. SECTION This ordinance shall be effective upon its adoption. PASSED this 28th day of January, 2014. 011111111inillThb. C. mstattd, Mayor Town of Leesburg ATTFI ST r'� j Clerk of Counc P:\Ordinances\2014\0128 Authorizing the Sale of Real Property to Loudoun Water.docx