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HomeMy Public PortalAbout2016_02_09_O003 Courthouse Expansion Tunnel Lease The Town of Leesburg, Virginia PRESENTED: February 9, 2016 ORDINANCE NO. 2015-0-003 ADOPTED: February 9, 2016 AN ORDINANCE: APPROVING AND AUTHORIZING A 40-YEAR LEASE OF A PORTION OF REAL PROPERTY OWNED BY THE TOWN OF LEESBURG, VIRGINIA TO LOUDOUN COUNTY, VIRGINIA, FOR A TUNNEL UNDERNEATH CHURCH STREET,N.E., TO CONNECT THE EXISTING COURTHOUSE WITH THE PROPOSED COURTHOUSE EXPANSION COMPLEX WHEREAS, the Town of Leesburg ("Town") owns and maintains Church Street, N.E., Leesburg, Virginia; and WHEREAS, the Town and the County of Loudoun ("County") have negotiated a 40-year lease to allow for an underground pedestrian tunnel to be constructed below Church Street, N.E., to connect the existing Courthouse, located at 18 E. Market Street, with the new Courthouse Expansion Project, located at 2 Church Street,N.E.; and WHEREAS, under the terms of the lease, the County will be responsible for the construction and maintenance of the tunnel; and WHEREAS, the leased area will be no more than 55 feet wide, 30 feet long and 16 feet deep and will contain a tunnel that is approximately 30 feet long, 18 feet wide and 10 feet tall; and WHEREAS, duly advertised Planning Commission public hearings were held on January 7, January 21, and January 28, 2016, on application TLZM-2015-0002; and WHEREAS, at the January 28, 2016, meeting, the Planning Commission recommended approval of application TLZM-2015-0002, which includes the lease to allow for an underground pedestrian tunnel; and WHEREAS, staff recommended approval; and WHEREAS, Virginia Code Section 15.2-2030 authorizes the Town Council to enact an -2- AN ORDINANCE: APPROVING AND AUTHORIZING A 40-YEAR LEASE OF A PORTION OF REAL PROPERTY OWNED BY THE TOWN OF LEESBURG, VIRGINIA TO LOUDOUN COUNTY, VIRGINIA, FOR A TUNNEL UNDERNEATH CHURCH STREET,N.E., TO CONNECT THE EXISTING COURTHOUSE WITH THE PROPOSED COURTHOUSE EXPANSION COMPLEX ordinance, after a public hearing, authorizing a 40-year lease agreement with another entity for the area beneath a town street. THEREFORE ORDAINED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The lease of the real property described below to the County is hereby approved and authorized: An underground corridor beneath Church Street, NE, of no more than 55 feet wide, 30 feet long and 16 feet deep, which will contain a tunnel connecting 2 Church Street,N.E., with 18 E. Market Street, Leesburg, Virginia, 20176. SECTION II. That the Vice Mayor is hereby authorized, on behalf of the Town of Leesburg, to do all things necessary and desirable to carry out the lease of the real property described in Section 1, including but not limited to, the execution and delivery of a lease agreement. SECTION III. 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 IV. This Ordinance shall become effective upon its adoption. 10 PASSED this 9th day of February, 2016. j j j ( itDavid S. Butler, Mayor Town of Leesburg ► , 41ii- � — Clerk of Counc. P:\Ordinances\2016\021:Tu el Lease for Courthouse Expansion Project.doc