HomeMy Public PortalAbout1988_11_22_R240RESOLUTION NO. 88-240
PRESENTED November 22, 1988
ADOPTED November 22, 1988
A RESOLUTION: AUTHORIZING AN OFFER TO RAYMOND C. HAWKINS, TRUSTEE, FOR PURCHASE
OF EASEMENTS AFFECTING 0.2571 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 compl.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 unsuccessfull; 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. Raymond C. Hawkins, Trustee, is hereby offered the sum of
$17,050.00 for the purchase of temporary construction and permanent waterline
easements affecting 0.2571 acres, more or less as shown on the attache~d plat
-2-
RESOLUTION: AUTHORIZING OFFER FOR PURCHASE OF EASEMENTS AND CONDEMNATION
of Patton, Harris, Rust & Associates, dated November 14, 1988, on condition that
title to the land affected is free and clear of all defects, liens or encumbranc-
es 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 in-
cludes 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 ~s 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
$17,050.00, 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
ATTEST:
Clerk of C~ncil
Robert E. Sevila, Mayor
Town of Leesburg
~ATEKLINE AND TEMPOP, AR¥ CONSTRUCTION EASEMENTS
These WATERLINE AND TEHPORARY CONSTRUCTION EASEHENTS made and entered into
lis day of , 1988, by and between RAY~IOND C. HA~INS,,
lrty of the first part; and the TOWN OF LEESBURG, VIRGINIA, a municipal torpor-
:ion, hereinafter referred to as the To~n, party of the second part.
This Deed of Waterline Easement,
WlTNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00), cash in
md paid, the receipt of which is hereby acknowledged, the party of the first
irt does grant and convey unto the To,m, its successors and assigns, the ease-
~nts as hereafter set forth in the respective locations sho~m on the plat pre-
ired by Patton, Harris, Rust and Associates, dated 14 November 1988, entitled
lOt Waterline Easement and Temporary Construction Easement" attached hereto and
acorporated herein by reference, as follows:
An easement and right of way of 20' for the purpose of installing,
vnstructing, operating, maintaining, adding to or altering and replacing pres-
at or future water mains, including fire hydrants, valves, meters, building
!tv;ce connections, and other appurtenant facilities for the transmission and
istribution of water through, upon, and across the property of the party of the
irs, part and for ingress and egress thereto. Said property and easements
eing more particularly bounded and described on the plat attached hereto and
nde a part hereof. 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 privileg-
s 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
aecessary; provided, however, that this right to use abutting land shall be
exercised only during periods of actual construction or maintenance, and then
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 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,
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
possible to their original condition, all land or premises included within or
abutting 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
reaodding of la~ns 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.
4. 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-
ten 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 interfere with
the use of said easement by the Town for the purposes named; provided, however,
that the party of the first part shall not erect any building or other s~ruc-
tuts, excepting a fence, or change existing or approved ground elevation 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:
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 To~n, its successors and assigns, the ease-
ment as hereafter set forth in the respective locations sho~n on the plat pre-
pared by Patton, Harris, Rust and Associates, dated 14 November 1988, entitled
"20' Waterline Easement and Temporary Construction Easement" attached hereto
and incorporated herein by reference, as follows:
Temporary construction easement and rights of way for the construction of
the waterline and facilities and all related facilities thereto shall become nuil
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
first part by Deed recorded in Deed Book 876 at Page 1372 among the land recordl
of Loudoun County, Virginia.
WITNESS the following signatures and seals:
ATTEST:
(SEAL)
(SZAL)
&TTEST:
Secretary
THE TOW OF LEESB~RG IN VIRGINIA
a municipal corporation
By
Mayor
Clerk of Council
(ss~)
ACKNO~rLEDGHENT
~tate of
:ity/County of
The foregoing instrument was acknowledged before me this
)f , 1988, by
md
day
ty Commission Expires:
Notary Public
*If deed is signed by an official of the corporation~ add President, or
~ther official capacity after his name.
CURVE ..DATA ,
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VICINITY MAP
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L~ ~11, VIRGINIA.
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PRINTED
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