HomeMy Public PortalAbout1981_10_14_R134 TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED October 14, 1981
RESOLUTION NO. 81-134 ADOPTED October 14~ 1981
A RESOLUTION: ALTERING PERFORMANCE GUARANTEE AND PUBLIC IMPROVEMENT REQUIREMENTS
FOR PART OF PARCEL M, SECTION I, VIRGINIA VILLAGE
WHEREAS, the development plan for part of Parcel M, Section 1 Virginia
Village called for improvements to Tuscarora Creek to maintain or reduce flood
levels; and
WHEREAS, an easement was required and secured by condemnation from the
Virginia Knolls Community Association; and
WHEREAS, Council Resolution #79-95 approved a performance guarantee for
installation of public improvements in the amount of $127,072 in the form of a
first deed of trust on Part of Parcel M, Section ~ Virginia Village; and
WHEREAS, the Town Council extended the time for installation of public
improvements for the development plan on May 27, 1981 in Resolution #81-63 and at
that time stipulated that the channel improvements be completed prior to~Oe,tob~r l,
1981; and
WHEREAS, objections were raised by nearby property owners when channel
improvements began on August 12, 1981 and included removal of trees in the project
area; and
WHEREAS, the developer has offered to deposit $21,000 with the town, as esti-
mated remaining cost of the channel improvement work in lieu of requiring the
developer to perform the channel work as part of their required public improvements;
and
WHEREAS, study of the impact on the proposed improvements to Tuscarora Creek and
alternatives for work to accomplish the flood level reduction and/or maintenance are
appropriate:
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THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The offer of Virginia Village Associates to deposit $21,000 with
the town as outlined in the letter dated September 18, 1981 from Victor G. Trapasso,
Managing Partner, Virginia Village Associates, is accepted with the condition that
if the deposit is not used for channel improvements or related expenses within a
period of ten years from receipt, the deposit shall be returned to Virginia Village
Associates without interest.
SECTION II. The requirement for the developer of part of Parcel M, Section 1,
Virginia Village to construct channel improvements to Tuscarora Creek is hereby
released.
SECTION III. The manager shall secure engineering consultant services to review
the existing plan for channel improvements and, if appropriate, design alternatives
at a cost not to exceed $5,000. Funds for this review and design will be provided
by the escrow account established by Virginia Village Associates.
SECTION IV. An appropriation is made from the General Fund to Account No.
3401.300 in the amount of $5,000 for the fiscal year ending June 30, 1982.
SECTION V. The performance guarantee for installation of public improvements
approved, by Council Resolution No. 79-95 on June 27, 1979 in the amount of $127,072
is reduced to $106,072.
SECTION VI. Town Attorney, George Martin, Trustee, shall upon request by
Virginia Village Associates, reduce the first deed of trust on Part of Parcel M,
Section 1, Virginia Village to $106,072.
SECTION VII. This resolution shall be in effect upon receipt of $21,000
from Virginia Village Associates.
PASSED this i4th day of October , 1981.
G. Dewey Hi~, Jr., ~ia~ ro-Tem
Town of Leesburg~
ATTEST: