HomeMy Public PortalAbout1979_09_26_R130 TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
RESOLUTION NO.
A RESOLUTION:
79'130 PRESENTED September 26, 1979
ADOPTED' September 26, 1979
AUTHORIZING THE PROPOSED SETTLEMENT OF TOWN OF
LEESBURG v. COUNTY OF LOUDOUN, ET AL, IN CHANCERY
No. 3037, IN THE CIRCUIT COURT OF LOUDOUN COUNTY·
RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows:
The Town Attorney is authorized and directed to execute
on behalf of the town a proposed entry in the Circuit Court of
Loudoun County, Chancery No. 3037, in the case Town of Leesburg v.
County of Loudoun, et al, (Potters Field) under the following
terms and conditions:
Fee simple title to "Potters Field", as shown on the
plat of Walter L. Phillips, C.L.S., dated November
24, 1965 containing 42,558 square feet was vested in
the Town of Leesburg, by virtue of the Deed dated
1839 from Benjamin Shreve, Sr. to William T. T. Mason,
Mayor, and Thomas Birkby, Recorder, of the Corpora-
tion of Leesburg.
Fee simple title was vested in and to the Town of
Leesburg in and to the land described in the aforesaid
plat by virtue of adverse possession against Benjamin
Shreve, Sr., his heirs, devisees and successors in
interest.
0
Fee simple title has been acquired in and to the
5,132 square foot parcel, by First National Bank of
Purcellville, as shown on said plat by virtue of
adverse possession against the Town of Leesburg and
the heirs and successors in title of Benjamin Shreve,
Sr. by predecessors in title and by First National
Bank of Purcellville.
Fee simple title has been acquired by Clarence G.
Jewell in and to the 2,693 square foot parcel as shown
-2-
on said plat, by virtue 'of adverse possession against
the Town of Leesburg and the heirs and successors in
title of Benjamin Shreve, Sr. by predecessors in
title and by Clarence G. Jewell.
The Town of Leesburg is at this time the fee simple
owners of the 34,733 square foot parcel, as setforth
on said plat.
e
The said 34,733 square foot parcel is located at a
site which is inappropriate for its continued use as
a burial ground.
The Town of Leesburg may sell the 34,733 square foot
tract and provide for in any agreement to sell the
land, removal of any remains which shall be reinterred
in a suitable place and payment of the costs of re-
moval and memorial if any substantial evidence
indicates that such is necessary.
The Town of Leesburg may use the proceeds of the
sale after deducting the costs of the suit, removal
of any remains and reinterment, for any public purpose.
That the attorneys representing the town shall sub-
mit their charge for services to the Town of Leesburg
for approval by the Court after having reached an
agreement with the town as to the amount.
10.
The Town of Leesburg shall pay Elijah B. White,
Special Commissioner, a sum as determined by the
Court for his services as Special Commissioner.
11.
The First National Bank of Purcellville and Clarence
G. Jewell may take possession of and proceed to utilize
their parcels of land without providing for removal
and reinterment of the remains since the condition
of said parcels due to past use precludes the
necessity for such action.
PASSED this 26th day of September
· 1979.
Attest:
Clerk of C~ncil
G. Dewey .h~il±7 Jr ,~/ Mayor
Town of Leesburg v
Fro-Tem