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