HomeMy Public PortalAbout1981_10_14_R136 TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED October 14, ][981
AMENDED October 14~ 1981
RESOLUTION NO. 81-136 ADOPTED October 14, 1981
A RESOLUTION: AUTHORIZING AN APPRAISAL AND OFFER TO ALFRED & MILDRED GARDINER
FOR AN EASEMENT FOR CONSTRUCTION OF CHANNEL IMPROVEMENTS DECLARING
A PUBLIC NECESSITY AND AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, SRL Properties, Inc., was granted a rezoning from F-1 to M-1 of 89,576
square feet of land located on the north side of Catoctin Circle and bounded by
Joffe Properties on the north, other lands of SRL Properties, Inc. on the east,
Catoctin Circle on the south and Harrison Street extended on the west in accordance
with a plat prepared by Bengtson, DeBell, Elkin & Titus dated July 31, 1979 and
now a part of Section 2 of Catoctin Circle Industrial Park; and
WHEREAS, proffered conditions of the rezoning included installation of an
additional drainage pipe under Catoctin Circle at its intersection with. Town Branch
and construction of an earth berm on the east side of the creek to increase the
capacity for drainage on Town Branch; and
WHEREAS, this drainage pipe installation requires a storm drainage easement
of approximately 650 square feet on the property of Alfred & Mildred Gardiner, as
shown on the plat prepared by Bengtson, DeBell, Elkin & Titus, Inc., dated April
3, 1981; and
WHEREAS a public necessity exists for the acquisition of the storm sewer ease-
ment because installation will eliminate flooding of Catoctin Circle and resulting
road damage and allow continuation of normal and emergency vehicular traffic during
100 year and less floods; and
WHEREAS, SRL Properties, Inc., owner of Section 2 of Catoctin Circle Industrial
Subdivision has agreed to pay all costs related to the securing of the required
drainage easement from Alfred & Mildred Gardiner and to post a $5,000 cash bond with
the town to guarantee payment of such costs:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager shall secure an appraisal of the required easement
as shown on the plat prepared by Bengtson, DeBell, Elkin & Titus, Inc. and de-
termine the fair market value of the easement based upon the appraisal.
SECTION II. The manager shall offer to purchase said easement from
Alfred and Mildred Gardiner as described on the plat on the condition the
title to the lands affected is free and clear of all defects, liens or con-
ditions which could inhibit the use of the area for the purposes intended;
the easement will be conveyed according to the plat and description prepared
by iBengtson, DeBell, Elkin & Titus, Inc. by good and proper deed with the usual
warranties of title.
SECTION III. The appointment of special counsel is authorized at the
expense of SRL Properties, Inc. to carry out Section II.
PASSED this 14th day of October , 1981.
ATTEST: