HomeMy Public PortalAbout1988_11_22_R232.ccsl~urg in ~/'frginia
RESOLUTION NO. 88-232
PRESENTED
ADOPTED
November 22, 1988
November 22, 1988
A RESOLUTION: AUTHORIZING AN OFFER TO BASIL M. & MARY B. DELASHMUTT FOR
PURCHASE OF EASEMENTS AFFECTING 0.1102 ACRES REQUIRED FOR
CONSTRUCTION OF THE ROUTE 15 BYPASS WATERLINE AND AUTHORIZING
CONDEMNATION PROCEEDINGS
WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as
adopted by Council, October 11, 1988 recommended construction of a 24-inch
waterline along the western boundary of the Route 15 bypass, from the intersec-
tion of ~Fort Evans Road to the intersection of Sycolin Road, to complete a
major loop in the town's water system and to provide increased pressure and fire
flows throughout the town; and
WHEREAS, operation of the Route 643 Water Booster Pumping Station,
currently under construction, is dependent upon construction of this waterline
and is essential to the summer of 1989 scheduled opening of the Cool Spring
Elementary School; and
WHEREAS, a need exists for acquisition of necessary easements from various
property owners on whose property the alignment of the waterline has been
established; and
WHEREAS, efforts to secure such easements have been unsuccessful.; and
WHEREAS, a fair market value for each easement, both temporary and per-
manent, has been established by a certified appraiser:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Basil M. & Mary B. DeLashmuttare hereby offered the sum of
$13,252.~5 for the purchase of temporary construction and permanent: waterline
easements affecting 0.1102 acres, more or less as shown on the attached plat of
-2-
RESOLUTION: AUTHORIZING OFFER FOR PURCHASE OF EASEMENTS AND CONDEMNATION
Patton, Harris, Rust & Associates, dated 24 August 1988, on condition that title
to the land affected is free and clear of all defects, liens or encumbrances and
that the easements., will be conveyed according to the plat and description
described above by good and proper deed (a copy thereof is attached~ which
includes the usual warranties of title) within thirty (30) days after written
acceptance of this offer, with a right of entry for construction of the
waterline commencing at the time of acceptance.
SECTION II. In the event this offer is not accepted in writing within ten
(10) days from receipt, the Council hereby declares that an essential public
convenience and necessity exists to acquire the aforesaid easemen~ for
construction of the water transmission main and the right to early entry prior
to the determination and deposit of the amount of just compensation is impera-
tive, and does hereby authorize the town attorneys to file the requisite peti-
tion for condemnation and early entry, on behalf of the Town of Leesburg and
does authorize the Director of Finance to issue a check in the sum of
$13,252.Z$, payable to the Clerk of the Circuit Court in accordance with Section
25-46.8 of the 1950 Code of Virginia, as amended, in the event an order for such
entry is made by the Court.
PASSED this 22nd
day of
ATTEST:
Clerk of 7ouncii
Nove~ ~er 1988.
Robert E. Sevila, Mayor
Town of Leesburg
WATERLINE ~D TEMPOI~Y CONSTRUCTION EASEMENTS
These WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS made and entered into
this day of , 1988, by and between BASEL H. DELASIIHUTT and
M~tRY B. DELASHMUTT, his wife, and BASIL M. DELASNMUTT, Trustee, sad NARY B.
DELASHNUTT, Trustee pursuant to Declaration of Trust recorded in Deed Book 653,
at Page 672 end as amended in Deed Bone 932, et Page 999 among the land records
of Loudoun County, Virginia, parties of the first part; and the TOWN OF
LBESBURG, VIRGINIA, a municipal corporation, hereinafter, referred to as the
rows, party of the second psrt.
This Deed of Waterline Easement,
WlTNESSETH:
That for and in consideration of the sum of Ten Dollars ($tO.O0), cash in
hand paid, the receipt of which is hereby acknowledged, the parries of tl~e firs
part do grant and convey unto the Town, its successors and assigns, the ease-
meats as hereafter set forth in the respective locations shown on the plat pre-
pared by Patton, Harris, Rust and Associates, dated 26 August 1988, entitled
"Waterline Easement and Temporary Construction Easement" attached hereto and
incorporated herein by reference, aa follows:
An easement and right of way for the purpose of installing, construe:ting,
operating, maintaining, adding to or altering and replacing present or future
water mains, including fire hydrants, valves, meters, building service connec-
tions, and other appurtenant facilities for the transmission and distribution o
water through, upon, and across the property of the parties of the first part
and for ingress and egress thereto. Said property and easements being more par-
ticularly bounded and described on the plat attached hereto and made s part
hereof. The easement is subject to the following conditions:
1. All manholes, water mains and appurtenant facilities which are
installed in the easement and right of way shall be and remain the property of
the Town, its successors and assigns.
2. The Town and its agents shall have full and free use of said easement
aaa right of way for the purposes named, and shall have all rights and privile-
ges reasonably necessary to the exercise of the easement and right of way
including the right of access to and from the right of way and the right to use
abutting land of the parties of the first part adjoining the easement when
necessary; provided, however, that this right to use abutting land shall be
exercised only during periods of actual construction or maintenance, and then
only to the minimum extent necessary for such construction and maintenance, and
further, this right shall not be construed to allow the Town to erect any
building or structure of a permanent nature on such abutting land.
3. The Town shall have the right to trim, cut and remove trees, shrub-
bery, fences, structures or other facilities in or abutting the easement being
conveyed, deemed by it to interfere with the proper and efficient construction,
operation and maintenance of said water mains and appurtenant facilities, pro
vided, however, that the Town at its own expense shall restore, as nearly as
possible to their original condition, all land or premises included within or
abutting the said easement during construction, operation and maintenance of ~
said water mains and appurtenant facilities. Such restoration shall include thei
backfilling of trenches, repaving, the replacement of fences, the reseeding or
resodding of lawns or pasture areas, the replacement of shrubbery and the repla-i
cement of structures and other facilities located without the easement, but
shall not include the replacement of trees or the replacement of structures and
other facilities located within the easement.
4. The parties of the first part, their successors and assigns may
construct and maintain roadways and parking areas over said easement with the
~rior written approval of the Town and may make any use of the easement herein
ranted which may not be inconsistent with the rights herein conveyed, or inter-i
ifere with the use of said easement by the Town for the purposes named; provided,
however, that the parties of the first part shall not erect any building or
other structure, excepting a fence, or change existing or approved ground eleva-
tion or impound any water on the easement without obtaining the prior written
approval of the Town.
This easement is perpetual and shall run with the land.
This Deed of Temporary Construction Easements,
HITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00), cash in
hand paid, the receipt of which is hereby acknowledsed, the parties of the first{
part do grant and convey unto the Town, its successors and assigns, the easement~
as hereafter set forth in the respective locations shown on the plat prepared by
Patton, Harris, Rust and Associates, dated 24 August 1988, entitled "20'
Waterline Easement and Temporary Construction Easements" attached hereto and
incorporated herein by reference, as follows:
Temporary const~uction easements and rights of way for the construction of
the waterline and facilities and all related facilities thereto shall become null
and void upon the completion of such waterline.
The easements herein conveyed are upon a portion of the property of the
parties of the first part, being the same property acquired by said parties of
the first part by Deed recorded in Deed Book 572, at Page 768 and Deed Book 653,l
at Page 663, and described as Parcel 1, as set forth on the Plat recorded in
Deed Book 9~&, at Page 1522 among the land records of Loudoun County, Virginia.
WITNESS the following signatures and seals:
Basil N. DeLaehmutt
iS~AU)
Nary B. DeLashmutt
Basil N. DeLash~utt, Trustee
Nary B. DeLashmutt, Trustee
TOWN OF LEESBURG, VIRGINIA, a muuiicipal
corporation
By:
STATE OF VIRGINIA
COUNTY OF LOUDOUN, To-wit:
Subscribed, sworn to and acknowledged before me by Basil M. DeLashmutt and
Mary B. DeLashmutt this day of , 1988.
My Commission Expires:
Notary Public
STATE OF VIEGINIA
COUNTY OF LOUDOUN, To-wit;
Subscribed, sworn to and acknowledged before me by Basil H. Del.o~hmtltt and
Hary B. DeLashmutt, Trustees this ... dsy of , 1988.
Commission Expires:
Notary Public
STATE OF VIRGINIA
COUNTY OF LOUDOUN, To-wit;
of Subscribed, sworn to and acknowledged before me by..
the Town of Leesburg, Virginia this day of
, 1988.
My Commission Expires:
Notary Public
I01
let
CURVE DATA
BASI/ M. 8 MARY 8. DeLASHMUYr
~.~ '' { LI.iTED PARTNERSHIP
-. ~~ ~__ ___
BASIL M. 0~ MARY B. DeLASHMUTT //
~ CARL~0N. TPUST~
N/F
FT. EVANS
Lll'll TED PARTNERSHIP
4.3.
ROUTE: 7/15 BYPASS [R/U VARIES.]
NOT TO SCALP.
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