HomeMy Public PortalAbout1988_11_22_R237RESOLUTION NO. 88-237
PRESENTED November 22, 1988
ADOPTED November 22, 1988
A RESOLUTION: AUTHORIZING AN OFFER TO VALIK COMPANY FOR PURCHASE OF EASEMENTS
AFFECTING 0.2144 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. Valik Company is hereby offered the sum of $25,885.G~0 for the
purchase of temporary construction and permanent waterline easements affecting
0.2144 acres, more or less as shown on the attached plat of Patton, Harris,
-2-
RESOLUTION: AUTHORIZING OFFER FOR PURCHASE OF EASEMENTS AND CONDEMNATION
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 easements' 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
$25,88!5.00, 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:
Robert E. Sevila, Mayor
Town of Leesburg
WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
These WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS made and entered into
:his day of
, 1988, by and between VALIK COMPANY, a
V~irginia General Partnership, by , General
P~artner, party of the first part; and the TOWN OF LEESBURG, VIRGINIA, a munici-
~al corporation, hereinafter referred to as the Town, party of the second part.
i] 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
art does grant and convey unto the Town, its successors and assigns, the ease-
ients 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 Temporary Construction Easements" attached hereto
~nd 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-
~nt or future water mains, including fire hydrants, valves, meters, building
~ervice connections, and other appurtenant facilities for the transmission and
~istrlbution 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
being 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
:he Town, its successors and assigns.
2. The Town and its agents shall have full and free use of said easement
~nd 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 t:o use
abutting land of the party of the first part adjoining the easement when
necessary; provided, however, that this right to use abutting land shal! be
exercised only during periods of aetua! construction or maintenance, and then
)sly to the minimum extent necessary for such construction and maintenance, and
Eurther, this right shall not be construed to allow the Town to erect any
}uilding or structure of a permanent nature on such abutting land.
3. The Town shall have the right to trim, cut and remove trees, shrub-
}cry, fences, structures or other facilities in or abutting the easement being
Ionveyed, deemed by it to interfere with the proper and efficient construction,
~peration and maintenance of said water mains and appurtenant facilities, pro-
I~ided,/ however, that the Town at its own expense shall restore, as nearly as
'l,ossible to their original condition, all land or premises included within or
.butting the said eaeement during construction, operation and maintenance of
3aid water mains and appurtenant facilities. Such restoration shall include the
backfilling of trenches, repaying, the replacement of fences, the reseeding or
'esodding 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
,ther facilities located within the easement.
4. The party of the first part, its successors and assigns may construct
~nd maintain roadways and parking areas over said easement with the prior writ-
~en approval of the Town and may make any use of the easement herein granted
rhich may not be inconsistent with the rights herein conveyed, or interfere with
~he use of said eaaement by the Town for the purposes named; provided, however,
ihat 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
the Town.
This easement is perpetual and ahall run with the land.
This Deed of Temporary Construction Easements,
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00), cash in
i~and paid, the receipt of which is hereby acknowledged, the party of the first
artdoes grant and unto the its and the
convey
Town,
successors
assigns ~
ease-
nent as hereafter set forth in the respective locations sho~rn on the plat pre-
pared by Patton, Harris, Rust and Associates, dated 12 August 1985, entitled
'20' Waterline Easement and Temporary Construction Easements" attached hereto
~nd incorporated herein by reference, as follows:
I Temporary construction easements and rights of way for the construction of
IIhe waterline and facilities and ail related facilities thereto shall become null
iand void upon the completion of such waterline.
The easements herein conveyed are upon a portion of the property of the
,arty of the first part, being the same property acquired by said party of the
Ytrst part by Deed recorded in Deed Book 855 at Page 416 among the land records
~f Loudoun County, Virginia.
WITNESS the following signatures and seals:
~TTEST:
(SEAL)
(SEAL)
TTEST:
Secretary
THE TOWN OF LEESBURG IN VIRGINIA
a municipal Corporation
By
Mayor
Clerk of Council
(SEAL)
State of
lty/County of
f
nd
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me this
, 1988, by
day
Commission Expires:
Notary Public
~If deed is s~gned by an official of the corporation, add President, or
ther official capacity after his name.
DELTA
08' 57' tS '
~7 ' 00' 07 '
88* ~B' 02'
CURVE DATA
I:~''`: .I :~.,o t:~'~:'S:'" I::?'°: I
VICINITY MAP
LOT § LEESBURG SQUARE
173.553 II
--
e.
PREPARED
CHECKED
NOT TO SCALE
lqASIL M. & MARY
DeLASHblUTT
NOTES=
I. TI~ PROPERTY D~LIN~A~r~ ON THIS PLAT IS LOCATED
~ ASSESS~IENT tlAp NO. 48 [[I]] PARCEL 5 AND IS
NOU IN T~ NA~ ~ VALIK CO~PAN~. A VIRGINIA
GIN[RAt PARTNER~IP. AS RECORDED IN DEED BO~ 855
AT PAGE 416 ~ T~ LA~ REC~DS ~ LOUDO~
C~TY. VIRGINIA.
~. THIS PLAT HAS BEEN PREPARED UIT~UT THE BENEFIT
~ A TITLE REPOT A~ DOES ~T TH[REFORE
..~CESSARILY 1~1~[ ALL E~U~RANCES OU ~
PROPERTY.
3. B~ARY i~Tt~ ~ILED FRO~ EXISTI~ L~
RECOROS.
*. ~ OENOTES ~ARY CONSTRUCTI~ [ASE~NT.
PLAT SHO~ 1 NO
20' UATERLINE EASEPIENT
ANO
TE/1PORARY C~UCTZON EA~HENTS
~ ~ PR~ERTY ~
LOT 5 ~ESBURG SQUARE
ASSESSMENT ~AP ~. 4~ [(I)) PARCEL
, TO~N ~c LEESBURG
LOUOOU~ COUNTY. VIRGINIA
SCALE: 1'-50' AUGUST 12. 1988
PATTON HARRIS RUST & ASSOCIATES
A PRDFESS]~t~AL CORPORAT]ON
C~S~TING E~INEERI~ - LA~ ~RVEYI~ - PLA~I~
LE[~G. VIRGINIA