HomeMy Public PortalAboutTOL NR 2019-02-13 Exeter dam settlement
Town of Leesburg
News Release
For Immediate Release
February 13, 2019
Media Contact:
Betsy Arnett, Public Information Officer
barnett@leesburgva.gov 703-771-2734
Town of Leesburg Reaches Settlement Agreement with Exeter
Homeowners Association on Stormwater Pond
Leesburg, VA (February 13, 2019) – At their meeting on Tuesday, February 12, 2019, the
Leesburg Town Council agreed to the terms of a settlement agreement with the Exeter
Homeowners Association (HOA) regarding pending litigation surrounding the ownership and
ongoing maintenance of the stormwater management pond and dam located on HOA property,
south of Battlefield Parkway and west of the Route 15 Bypass.
In 2014, the Virginia Department of Conservation and Recreation notified the Exeter HOA that
the stormwater pond’s dam had been identified as a high hazard dam and required significant
upgrades to comply with state regulations. Estimated costs to bring the dam into compliance
were approximately $936,000 in 2015. The Exeter HOA subsequently filed a lawsuit against the
Town, claiming that under a Deed of Easement executed between the Town and the developer
of the Exeter development in 1990, the Town is the owner of the pond and dam and is
responsible for the upgrades. The lawsuit was scheduled for trial at the end of this month.
Under the terms of the settlement agreement, the HOA agreed that it owns the pond and dam
and will be responsible for all upgrades to the dam as well as ongoing maintenance and
engineering costs. The Town will contribute $396,000 to the HOA to be used specifically for
upgrades to the dam and any future costs. The Town also agreed to continue to clear
vegetation from the channels leading into the pond.
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