HomeMy Public PortalAbout1988_11_22_R235L~sl~urg in ~v~irginia
RESOLUTION NO. 88-235
PRESENTED November 22, 1988
ADOPTED November 22, 1988
A RESOLUTION: AUTHORIZING AN OFFER TO LEESBURG JOINT VENTURE FOR PURCHASE OF
EASEMENTS AFFECTING 0.0716 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 pres~;ure 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 Coo]. 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. Leesburg Joint Venture is hereby offered the sum of $8,680.00
for the purchase of temporary construction and permanent waterline easements
affecting 0.0716 acres, more or less as shown on the attached plat of Patton,
-2-
RESOLUTION: AUTHORIZING OFFER FOR PURCHASE OF EASEMENTS AND CONDEMNATION
Harris, Rust & Associates, dated 12 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 $8,680.00,
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:
o ~- cil
Robert E. Sevila, Mayor
Town of Leesburg
WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
These WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS made and entered into
[ithis day of , 1988, by and between LEESBURG JOINT VENTURE,
a Virginia General Partnership, by , General partner,
party of the first part; and the TOWN OF LEESBURG, VIRGINIA, a municipal cor-
poration, hereinafter referred to as the Town, party of the second part.
This Deed of Waterline Easement,
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00), cash in
hand paid, the receipt of which is hereby acknowledged, the party of the first
part does grant and convey unto the Town, its successors and assigns, the ease-
ments as hereafter set forth in the respective locations shown on the plat pre-
pared by Patton, Harris, Rust and Associates, dated 12 August 1988, entitled
i"20' Waterline Easement and 20' Temporary Construction Easement" attached
hereto;
Iland incorporated herein by reference, as follows
An easement and right of way of 20' for the purpose of installing,
constructing, operating, maintaining, adding to or altering and replacing pres-
Ilent or future water mains, including fire hydrants, valves, meters, building
service connections, and other appurtenant facilities for the transmission, and
I distribution of water through, upon, and across the property of the party of the
first part and for ingress and egress thereto. Said property and easements
Ibeing more particularly bounded and described on the plat attached hereto and
made a part hereof. The easement is subject to the following conditions:
1. Ail 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 pr~vileg~
es reasonably necessary to the exercise of the easement and right of way
ncluding the right of access to and from the right of way and the right to use
abutting land of the party of the first part adjoining the easement when
eeessary; provided, however, that this right to use abutting land shall be
~xercised only during periods of actual construction or maintenance, and then
~nly 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
tldingor structure of a nature on such abutting land.
permanent
, 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,
eration and maintenance of said water mains and appurtenant facilities, pro-
~ided,
. however, that the Town at its own expense shall restore, as nearly aa
~ssible 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 the
backfilling of trenches, repaying, the replacement of fences, the reseeding or
~sodding of lawns or pasture areas, the replacement of shrubbery and the re-
Pi~acement of structures and other facilities located without the easement, but
s~all not include the replacement of trees or the replacement of structures and
o~her facilities located within the easement.
6. The party of the first part, its successors and assigns may construct
and maintain roadways and parking areas over said easement with the prior writ-
tin approval of the Town and may make any use of the easement herein granted
w~ich may not be inconsistent with the rights herein conveyed, or interfere with
t~e use of said easement by the Town for the purposes named; provided, however,
t~at the party of the first part shall not erect any building or other struc-
ture, excepting a fence, or change existing or approved ground elevation or
i~pound 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:
II That for and in consideration of the sum of Ten Dollars ($10.00), cash in
h~nd paid, the receipt of which is hereby acknowledged, the party of the first
p~rt does grant and convey unto the Town, its successors and assigns, the ease-
merit as hereafter set forth in the respective locations shown on the plat pre-
by Patton, Harris, Rust and Associates, dated 12 August 1988, entitled
"~0' Waterline Easement and 20' Temporary Construction Easement" attached hereto
I{dl i d i by reference, as follows:
an ncorporate here n
{,
il A 20' temporary construction easement and right of way for the construction
of the waterline and facilities and all related facilities thereto shall become
n~ll and void upon the completion of such waterline.
il The easements herein conveyed are upon a portion of the property of the
p~rty of the first part, being the same property acquired by said party of the
f~rst part by Deed recorded In Deed Book 835 at Page 41 among the land records
o~ Loudoun County, Virginia.
WITNESS the following signatures aud seals:
ATE OF VIRGINIA
UNTY OF LOUDOUN, To-wit:
By:
By:
LEESBURG JOINT VENTURE, a Virginia
General Partnership
General Partner
<SEAL}_
TOWN OF LEESBURG, VIRGINIA, a municipal
corporation
Subscribed, sworn to and acknowledged before me by
Leesburg Joint Venture this day of
Notary Public
<SEAL~
, 1988.
~y Co~nission Expires:
!ATE OF VIRGINIA
)UNTY OF LOUDOUN, To-wit:
Subscribed, sworn to and acknowledged before me by.
the Town of Leesburg, Virginia this day of
, 1988.
Notary Public
M Commission Expires:
CURVE DATA
-- · I. t~ PR~ERT~ ~LI~ATED ~ THIS PLAT 18
~ A~ ~ LEES~G ~INT ~N~E. A VIRGINIA
;~ PAeT~R~IP. AS RE~D IN ~ED ~ a3~
NOT TO SCALE
PREPARED BY~
PLAT
20' VATERLI NE
~ T~ PR~ERTY
~ E, PA~ ~RRIS R~T ~ A~CIA~S
LE~. VIRGINIA
F 5447
ROUTE 7/15 BYPASS (R/U VARIES}
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