HomeMy Public PortalAbout1978_06_14_R114 TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED June 14' ~I978
RESOLUTION NO. 78-114 ADOPTE~ June~14~ 1978
A RESOLUTION: AUTHORIZING AN AGREEMENT FOR PURCHASE OF WELL SITES
AND MAKING AN APPROPRIATION.
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
SECTION I. The Mayor is authorized and directed to execute
an agreement in a form approved by the Town Attorney on behalf of
the town with Consolidated Dairy Farms, Inc., for the purchase of
two parcels of land containing 10,000 and 10,390 square feet,
respectively, as described on the two plats made by DeLashmutt
Associates, Certified Engineers and Land Surveyors, dated June,
1978. The terms and conditions of the agreement shall be as follows:
(a) The purchase price shall be $16,000.00, of which
$2,000.00 shall be paid upon execution of the agree-
ment, and the balance of the purchase price shall be
paid by check at the time of delivery of the deed
conveying the parcels of land.
(b) The town shall be entitled to take possession of the
land on the date of closing.
(c) The title to the real estate shall be marketable and
insurable without exception by a recognized title
insurance company and free of any restriction or
encumbrance which would inhibit the use of the real
estate for well sites for the production of water.
(d) The seller shall agree to convey the land according
to the survey and plats with general warranty of
title and the usual English covenants of title.
(e) The real estate taxes shall be prorated to the date
of closing and the seller will pay the grantor tax
on the conveyance.
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(f)
The agreement shall be contingent upon the purchaser
securing all of the necessary permits and approvals
from the appropriate agencies prior to the date of
closing for the production of water and if not secured
within the time prescribed herein the seller shall
return the $2,000.00 deposit.
(g)
If the present title of seller does not prove to be
marketable or insurable or has restrictions inhibiting
the proposed use, the town may declare the purchase
rescinded and the seller shall return the deposit forth-
with and there shall be no further liability on the
part of the seller.
(h)
Full settlement shall be made on or before October 1,
1978, provided all permits and approvals have been
secured. In the event additional time is required by
the town to secure the aforesaid, seller agrees to
extend the time for performance until December 1, 1978
but no longer.
(i)
If title is marketable and insurable and purchaser
neglects or refuses to complete the purchase, the
earnest money may, at seller's option, be forfeited
as liquidated damages.
SECTION II. An appropriation is made to Account #50,000.805,
Well Development, in the amount of $2,000.00 for the fiscal year
ending June 30, 1978.
PASSED this l~th day of June , 1978.
ATTESTs:
Clerk of ~ouncil
Mary A~ne Newman, Mayor
Town of Leesburg