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Home My Public Portal About1988_11_22_R238ccs~urg in ~irgi. ia RESOLUTION NO. 88-238 PRESENTED November 22~ 1988 ~d)OPTED- November 22, 1988 A RESOLUTION: AUTHORIZING AN OFFER TO WILLIAM S. ALBERTS, ET. AL., FOR PURCHASE OF EASEMENTS AFFECTING 0.4518 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. William S. Alberts, et. al., is hereby offered the sum of $7,630.00 for the purchase of temporary construction and permanent: waterline easements affecting 0.4518 acres, more or less as shown on the attached plat -2- RESOLUTION: AUTHORIZING OFFER FOR PURCHASE OF EASEMENT~, AND CONDEMNATION of Patton, Harris, Rust & Associates, dated 11 August 1988, on condition that title to the land affected is free and clear of all defects, liens or encumbran- ces and that the easements~ will be conveyed according to the plat and descrip- tion 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 easement~ 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 $7,630.00, 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 ~ncil Robert E. Sevila, Mayor Town of Leesburg WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS These WATERLINE AND TEMPORARY CONSTEUCTION EASEMENTS made and entered into ~his day of , 1988, by and between WILLIAM S. ALBERTS and ,I ELEN A. ALBERTS, his wife, and GAIL S. ALBERTS, femme sole, and JANET C. tICKEYf 1 f f , emme so e, parties o the irst part; and the TOWN OF LEESBURG, ~IRGINIA, a municipal corporation, hereinafter referred to as the Town, party of he second part. This Deed of Waterline Easement, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in and paid, the receipt of which is hereby acknowledged, the parties of the first art do grant and convey unto the Town, its successors and assigns, the ease- ~ents as hereafter set forth in the respective locations shown on the plat pre- ared by Patton, Harris, Rust and Associates, dated 11 August 1988, entitled 20' Waterline Easement and 10' Temporary Construction Easements" attached ereto and incorporated herein by reference, as follows: An easement and right of way for the purpose of installing, constructing, perating, maintaining, adding to or altering and replacing present or future stet mains, including fire hydrants, valves, meters, building service connec- ions, and other appurtenant facilities for the transmission and distribution of iter through, upon, and across the property of the parties of the first part ad for ingress and egress thereto. Said property and easements being more par- icularly bounded and described on the plat attached hereto and made a part ~reof. The easement is subject to the following conditions: 1. Ail manholes, water mains and appurtenant facilities which are nstalled 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 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 iand of the parties of the first part adjoining the easement when necessary; provided, however, that this right to use abutting iand shalI be &xercised only during periods of actual construction or maintenance, and ~:hen pnly to the minimum extent necessary for such construction and maintenance, and further, thin right shall not be construed to allow the Town to erect any uilding or structure of a permanent nature on such abutting iand. il 3. The Town shall have the right to trim, cut and remove trees, shrub- ery, fences, structures or other facilities in or abutting the easement being ~onveyed, 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 ~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, repaving, 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 shall not include the replacement of trees or the replacement of structures and other facilities located within the easement. [I 4. The parties of the first part, their successors and assigns may tonstruct and maintain roadways and parking areas over said easement with the lrior written approval of the Town and may make any use of the easement herein t]ranted which may not be inconsistent with the rights herein conveyed, or inter- re with the use of said easement by the Town for the purposes named; provided, qTwever, that the parties of the first part shall not erect any building or 6ther structure, excepting a fence, or change existing or approved ground eleva- i~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 Easements, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in ~hand paid, the receipt of which is hereby acknowledged, the parties of the first part do grant and convey unto the Town, its successors and assigns, the easement ~as hereafter set forth in the respective locations shown on the plat prepared by ~atton, Harris, Rust and Associates, dated 11 August 1988, entitled "20' ~aterline Easement and 10' Temporary Construction Easements" attached hereto and Incorporated herein by reference, as follows: :, The 10' temporary construction easements and rights of way for the construc- lion of the waterline and facilities and all related facilities thereto shall ~ecome null and void upon the completion of such waterline. The easements herein conveyed are upon a portion of the property of the arttes of the first part, being the same property conveyed unto William S. ~lberts and Helen A. Alberts, his wife, by Deed recorded in Deed Book 375 at ~age 273 and Deed Book 786 at Page 764 and unto Gall S. Alberts and Janet C. Ltckey in Deed Book 786 at Page 766 among the land records of Loudoun County, V~irginia. i WITNESS the following signatures and seals: (SEAL) William S. Alberts (SE,AL)~ Helen A. Alberts <SEAL) Gall S. Alberts {SEAL) Janet C. Lickey TOWN OF LEESBURG, VIRGINIA, a municipal corporation By: (SEAL) BTATE OF VYRGINYA COUNTY OF LOUDOUN, To-wit; Subscribed, sworn to and acknowledged before me by William S. Alberts this i!. day of , 1988. Commission Expires: Notary Public STATE OF VIRGINIA ~OUNTY OF LOUDOUN, To-wit: Subscribed, sworn to and acknowledged before me by Helen A. Alberts this .. day of , 1988. y Commission Expires: Notary Public STATE OF VIRGINIA CbUNT¥ OF LOUDOUN, To-wit: Subscribed, sworn to and acknowledged before me by Gail S. Alberts this I day of , 1988. Notary Public C ommission Expires: ~TE OF VIRGINIA )UNTY OF LOUDOUN, To-wit: Subscribed, sworn to and acknowledged before me by Janet C. Lickey this .. day of , 1988. Notary Public NOTES= . !. ~ PROPERTY OELIN~ATED ON THIS PLAT I$ LOCATED ~,,'~. ' ~,~/;V// , ' . ~-.... .~ : · .:,-. ,. .. ~'. , ;~"~ -... ~ · · . ';,, .....:.... ',~,:.. ,' ,*,,*. ~, :~.'.,'~ . ,,, __ . : ...... ..,..., ~: .. . . ,. :{ ~ .. :-. ~' ~ La. ~e ~c. R~IE el I ~15 BY-PA~ ~/U V~IESI PRINTED NOT TO SCALE PLAT SHOU (NG ECl' UATERLINE EASEt~NT