HomeMy Public PortalAbout2020_08_11_R088 Authorization of an Indemnification, License, and Easement Agreement, Leegate The Town of
Leesburg,
Virginia
PRESENTED: August 11,2020
RESOLUTION NO. 2020-088 ADOPTED: August 11,2020
A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE AN
INDEMNIFICATION, LICENSE, AND EASEMENT
AGREEMENT BETWEEN THE TOWN OF LEESBURG,
VIRGINIA AND STANLEY MARTIN COMPANIES, LLC
FOR USE OF TOWN PROPERTY
WHEREAS, the rezoning application for TLZM-2013-0001, Leegate, was approved by
Ordinance No. 2016-0-025 adopted on December 13, 2016, subject to the proffers last dated
December 12, 2016; and
WHEREAS, development of the property is subject to the Proffer Statement dated
December 12, 2016; and
WHEREAS, the Proffer Statement, TLZM-2013-0001, Leegate, dated December 12,
2016 (the "Leegate Proffer") calls for the developer to construct the Greenway Trail east of
Battlefield Parkway, and up to two crossings over and across Tuscarora Creek for access to
the proposed Mountain Bike Trail to be constructed by others; and
WHEREAS, The Town is the owner of certain real property situated in the Town of
Leesburg, Loudoun County, Virginia, known of record as Parcel 22A-1, Loudoun County
Parcel Identification Number 149-35-8258 ("Parcel 22A-1"); the Town having acquired Parcel
22A-1 by Deed recorded in Deed Book 477, at Page 79, as last modified by Deed of Dedication
recorded as Instrument Number 20180718-0041537, among the Land Records; and
WHEREAS, in accordance with the Leegate Proffer requirements Stanley Martin
Companies, LLC is to convey to the Town by Deed of Gift a tract or parcel of land know as
-2-
A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE AN
INDEMNIFICATION, LICENSE, AND EASEMENT AGREEMENT
BETWEEN THE TOWN OF LEESBURG, VIRGINIA AND
STANLEY MARTIN COMPANIES, LLC FOR USE OF TOWN
PROPERTY
Parcel H, Tuscarora Creek Village Phase I, containing 41.66500 acres, more or less, being the
Stream Valley Park/Mountain Bike Trail dedication area; and
WHEREAS, in order for the Stanley Martin Companies, LLC to enter onto Town
property for the construction of the Greenway Trail east of Battlefield Parkway and for the
construction of up to two crossings over and across Tuscarora Creek for access to the proposed
Mountain Bike Trail, Stanley Martin Companies, LLC, its successors and/or assigns, will
need certain easements and rights to enter upon the Town property to make these
improvements as specified in the Leegate Proffer and shown in the approved Leegate Park
Concept Plan.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that
the Mayor is authorized to execute an Indemnification, License, and Easement Agreement
between the Town of Leesburg, Virginia and Stanley Martin Companies, LLC, in a form
approved by the Town Attorney, to facilitate construction of the proffered improvements on
Town property by Stanley.Martin Companies, LLC.
PASSED this 11 day of August, 2020.
Kelly Bur ,
Town of Leesburg
ATTEST:
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0811 Authorization of an Indemnification,License,and Easement Agreement,Leegate