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Home My Public Portal About1988_11_22_R236ges~urg in ~irgi. ia RESOLUTION NO. 88-236 PRESENTED ADOPTED November 22, 1988 November 22, 1988 A RESOLUTION: AUTHORIZING AN OFFER TO BERNARD M. CARLTON, TRUSTEE, FOR PURCHASE OF EASEMENTS AFFECTING 0.4339 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. Bernard M. Carlton, Trustee, is hereby offered the sum of $52,225.00 for the purchase of temporary construction and permanent waterline easements affecting 0.4339 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 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 descrilption 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 ts impera- tive, and does hereby authorize the town attorneys to file the requi~site 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 $52,225.00, 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~6ncil ' 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 BERNARD M. CARLTON, Trustee, party of the first part; and the TOWN OF LEESBURG, VIRGINIA, a munici- .. paI corporation, 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 ftrst part does grant and convey unto the Town, its successors and assigns, the ease- m~nts 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 "20' Waterline Easement and 20' Temporary Construction Easement" attached hereto a~d 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- emt or future water mains, including fire hydrants, valves, meters, building service connections, and other appurtenant facilities for the transmission and di~stribution of water through, upon, and across the property of the party of the f:irst part and for ingress and egress thereto. Said property and easements b~lng 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 ~stalled in the easement and right of way shall be and remain the property' of le Town, its successors and assigns. 2. The Town and its agents shall have full and free use of said easement ~d right of way for the purposes named, and shall have all rights and privileg- 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 party of the first part adjoining the easement when necessary; provided, however, that this right to use abutting land shall be i exercised only during periods of actual construction or maintenance, and then i 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 Toga 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 propsr and efficient construction, operation and maintenance of said water mains and appurtenant facilities, pro- vtded, however, that the To~n at its o~n expense shall restore, as nearly as ~ossible 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, repavtng, the replacement of fences, the reseeding or resodding of lawns or pasture areas, the replacement of shrubbery and the re- placement of structures and other facilities located without the easement, but ~hall not include the replacement of trees or the replacement of structures and ather facilities located within the easement. 4. The party of the first part, its successors and assigns may construct tnd maintain roadways and parking areas over said easement with the prior writ- :eh approval of the Town and may make any use of the easement herein granted lhich may not be inconsistent with the rights herein conveyed, or interfere with :he use of said easement by the Town for the purposes named; provided, however, hat the party of the first part shall not erect any building or other struc- ute, excepting a fence, or change existing or approved ground elevation or mpound any water on the easement without obtaining the prior written approval f the Town. This easement is perpetual and shall run with the land. This Deed of Temporary Construction 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 ipart does grant and convey unto the Town, its successors and assigns, the ease- 'nent as hereafter set forth in the respective locations shown on the plat pre- ,ared by Patton, Harris, Rust and Associates, dated 12 August 1988, entitled ~20' Waterline Easement and 20' Temporary Construction Easement" attached hereto and incorporated herein by reference, as follows: A 20' 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 ~party of the first part, being the same property acquired by said party of the .Ifirst part by Deed recorded in Deed Book 866 at Page 1196 among the land records "of Loudoun County, Virginia. WITNESS the following signatures and seals: (SEAL) Bernard M. Carlton, Trustee TOWN OF LEESBURG, VIRGINIA, a municipal corporation By: {SEAL) STATE OF VIRGINIA COUNTY OF LOUDOUN, To-wit: Subscribed, sworn to and acknowledged before me by Bernard M. Carlton, Trustee this day of , 1988. My Commission Expires: Notary Public 'STATE OF VIRGINIA :OUNTY OF LOUDOUN, To-wit: Subscribed, sworn to and acknowledged before me by ,f the Town of Leesburg, Virginia this day of , 1988. Commission Expires: Notary Public