The URL can be used to link to this page

Home My Public Portal About1988_11_22_R233l Lvvsl u°Zrg in ~Virginia RESOLUTION NO. 88-233 PRESENTED ADOPTED November 22, 1988 November 22, 1988 A RESOLUTION: AUTHORIZING AN OFFER TO BASIL M. & MARY B. DELASHMUTT FOR PURCHASE OF EASEMENTS AFFECTING 0.1093 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 comp].ete 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 $13,190.00 for the purchase of temporary construction and permanent waterline easements affecting 0.1093 acr~z, 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 $13,190.00, 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 November , 1988. ATTEST: Clerk of C~ncil Robert E. Sevila, Mayor Town of Leesburg WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS These WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS made and entered into this day of , 1988, by and between BASIL H. DELASHMUTT and !~RY B. DELASHMUTT, his wife, and BASIL M. DELASflMUTT, Trustee, and MARY B. iDELASflMUTT, Trustee pursuant to Declaration of Trust recorded in Deed Book 653, ;~t Page 672 and as amended in Deed Book 932, at Page 999 among the land records ipf Loudoun County, Virginia, parties of the first part; and the TOWN OF !LEESBURG, VIRGINIA, a municipal corporation, hereinafter referred to as the iTown, party of the second part. This Deed of Waterline Easement, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), casla in ihand paid, the receipt of which is hereby acknowledged, the parties of the first !pared by Patton, Harris, Rust and Associates, dated 24 August 1988, entitled ;I'Waterline Easement and Temporary Construction Easement" attached hereto and ~ncorporated herein by reference, as follows: An easement and right of way for the purpose of installing, constructing, i[operating, maintaining, adding to or altering and replacing present or fur-re ',water mains, including fire hydrants, valves, meters, building service connec- !~ions, and other appurtenant facilities for the transmission and distribution of ~ater 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-i ticularly bounded and described on the plat attached hereto and made a 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 and right of way for the purposes named, and shall have all rights and privile- es 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 iinecessary; provided, however, that this right to use abutting land shall be i.o ly 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 ibuilding or structure of a permanent nature on such abutting land. 3. The Town shall have the right to trim, cut and remove trees, shrub- ibery, 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 )ossihle to their original condition, all land or premises included within or ~butting the said easement during construction, operation and maintenance of said water mains and appurtenant facilities. Such restoration shall include theI backfilling of trenches, repaying, the replacement of fences, the reseeding or resodding of lawns or pasture areas, the replacement of shrubbery and the repla-! 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 prior written approval of the Town and may make any use of the easement herein granted which may not be inconsistent with the rights herein conveyed, or inter-! fete with the use of said easement by the Town for the purposes named; provided,i however, that the parties of the first part shall not erect any building or )ther structure, excepting a fence, or change existing or approved ground eleva-I t/on 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 Easement, WITNESSETH: ~1 That for and in consideration of the sum of Ten Dollars ($10.00), caf;h in land paid, the receipt of which is hereby acknowledged, the parties of the firstI art 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 "Waterline ~asement and Temporary Construction Easement" attached hereto and incorporated herein by reference, as follows: A temporary construction easement and right 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 Iparties of the first part, being the same property acquired by said parties of .the first part by Deed recorded in Deed Book 557, at Page 741 and by plat recorded in Deed Book 924, at Page 1522 among the land records of Loudoun County, Virginia. WITNESS the following signatures and seals: Basil M. DeLashmutt Mary B. DeLashmutt Basil M. DeLashmutt, Trustee Mary B. DeLashmutt, Trustee (SEAL) (SEAL) (SEAL) (SEAL) TOWN OF LEESBURG, VIRGINIA, a municipal corporation By: STATE OF VIRGINIA COUNTY OF LOUDOUN, To-wit: Subscribed, sworn to and acknowledged before me by Basil N. DeLashmut:t and lary B. DeLashmutt this day of , 1988. dy Commission Expires: Notary Public STATE OF VIRGINIA ~0UNTY OF LOUDOUN, To-wit: Subscribed, sworn to and acknowledged before me by Basil M. DeLashmutt and Mary B. DeLashmutt, Trustees this day of , 1988. My Commission Expires: Notary Public STATE OF VIRGINIA COUNTY OF LOUDOUN, To-wit: Subscribed, sworn to and acknowledged before me by. of the Town of Leesburg, Virginia this day of , 1988. My Commission Expires: Notary Public FT. EVANS LIHITED PARTNERSHIP BASIL M. ~ MARY B. DeLASHMUTT zi ·" ' N.'F ,, ,tusm*m. c~.m~c.~...-~,~',,,'fl"~" / BERnhARD M. CARLTON. TPUSTEE / 143' ROUTE 7/1§ BYPASS ~/~ VARiE~] NOT TO SCALE I 'A. ",';x ///-%.'~, I VICIN~ MAP NOTES: I, FHE PROPERTY ~LIN(ATED ON THIS PLA1' IS LOCATED ~ ASSE$SRENT PIAP NO. 40 ((4)) PARCEl 3 ANO IS 4 ~ ;~NOTES T~i~OR~ CONSTrUe?ION ~A~EMit~ FImlK i,mm, t"d i bur- P~AT SHOWY~ WATERLINE E~EMENT TE~ ~~ ~MENT BASIl_ ~. i ~RY B. DoLA~T' PATTON II~RRI5 R~T & A~OCIATE~