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Home My Public Portal About1988_11_22_R241,[,ccsl~urg RESOLUTION NO. 88-241 PRESENTED ADOPTED November 22, 1988 November 22, 1988 A RESOLUTION: AUTHORIZING AN OFFER TO ~MERICAN SMALL BUSINESS INVESTMENT COMPANY FOR PURCHASE OF EASEMENTS AFFECTING 0.3907 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 iFort 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. American Small Business Investment Company is hereby offered the sum of $47,055.00 for the purchase of temporary construction and permanent waterline easements affecting 0.3907 acres, more or less as shown on the -2- RESOLUTION: AUTHORIZING OFFER FOR PURCHASE OF EASEMENTS AND CONDEMNATION attached plat 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 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 $47,055.00, 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 ~nctl Robert E. Sevila, Mayor Town of Leesburg WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS These WATERLIN~ AND TEMPORARY CONSTRUCTION EASEMENTS made and entered into this day of , 1988, by and between AMERICAN SMALL BUSINESS INVESTHENT COMPANY, a Florida Corporation domesticated in Virginia, party of the first part; and the TOW~ OF LEESBURG, VIRGINIA, a municipal 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 first part does grant and convey unto the Town, its successors and assigns, the ease- merits as hereafter set forth in the respective locations shown on the plat pre- pared by Patton, Harris, Rust and Associates, dated 14 November 1988, entitled "20' Waterline Easement and 10' Temporary Construction Easements" attached hereto and 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 replacinl; pres- ent or future water mains, including fire hydrants, valves, meters, buihling service connections, and other appurtenant facilities for the transmission and 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 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. All manholes, water mains and appurtenant facilities which are £nstalled 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 privileg- 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 land of the party of the first part adjoining the easement when necessary; 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 To~n to erect any building or structure of a permanent nature on such abutting land. 3. The To~n shall have the right to trim, cut and remove trees, shrub- bery, fences, structures or other facilities in or ebutting 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 To~n at its o~n 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 theI backfilling of trenches, repaying, the replacement of fences, the reseeding or resodding of la~ns or pasture areas, the replacement of shrubbery and the re- placement of structures and other facilities located without the easemen~, 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 To~n 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 Tovra for the purposes named; provided, however, that 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 impound any water on the easement without obtaining the prior written approval of the 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 ($10.00), catch in hand paid, the receipt of which is hereby acknowledged, the party of the first part does grant and convey unto the To~n, its successors and assigns, the ease- ments as hereafter set forth in the respective locations sho~n on the plat: pre- ?ared by Patton, Harris, Rust and Associates, dated 14 November 1988, entitled '20' Waterline Easement and 10' Temporary Construction Easements" attached heret~ and incorporated herein by reference, as follows: Temporary construction easements and rights of way for the construction of Ithe waterline and facilities and all related facilities thereto shall become nul and void upon the completion of such waterline. The easements herein conveyed are upon a portion of the property of l:he {party of the first part, being the same property acquired by said party o:E the ifirst part by Deed recorded in Deed Book 465 at Page 639 among the land records iof Loudoun County, Virginia. WITNESS the following signatures and seals: ATTEST: (sEAL) .(SEAL) ATTEST: Secretary THE TOM OF LEESBURG IN VIRGINIA a municipal corporation By Hayor Clerk of Council (SEAL) ACKNOW-hEDGHENT State of City/County of The foregoing instrument was acknowledged before me this of , 1988, by and day Commission Expires: Notary Public *If deed is signed by an official of the corporation, add President, or other official capacity after his name. PULTE HOME CORPORATION N 40'35'53'E 260.9t PRFPARED BY, '.#r PROSPERITY CENTER LOT 2 N/F MID-SOUTH MOTEL CORPORATION IG7.75 VICINITY MAP NOTES: I. TH~ P~q~RTY (~/INF. ATED ON THIS PLAT ~S LOCATED ~ A$sE~r flAP HO. 48 PARCEL ~OC ANO ES NOU IN THE NArtE OF A/~ERICAN S/~ALL 8USIK~SS INVESTI'IENT CDrlPANY. A FLCRID~ CORPORATIC~4 DOt~STICATED IN VIRGINIA. AS RECORDED IN DEED ~ .465 AT PAGE 639 AtIGNG THE LANO RECORDS OF LOUOG4~ COUNTY. VIRGiNiA. ~. THIS J'~AT HAS BEEN PREPARED VITHOUT ~ BEN~FIT OF A flTLK REPORT ANO DOES NOT THEREFORE NEC~tLY tNOICATE AIL F. NCUi~ORAI,~.5 ~ THE PROPERTY° 3. ~Utl)A.q¥ INF~MAT~N COIIPIL£D FR~fl ExlSTIN~ LAND RECORD~. 4..2'ZZJ".'.'.'.'.Z~ DOIOT~S T~ARY C~t~TRUCTION F.A~I'~NT CURVE DATA 04FCKFD R~ ROUTE 7/15 BYPAs~ IR/II VARIES,) ~/ Eo' UATERLINE~ EA~T A~RICAN ~L B~l~ INVEST~T ~AN~ ~' ;' ',%~ ~LE, I'-.' ,,.~o',~'~ ~.~. i0 q~=~*' ;l / ~r~ ~z.~ - L~ s~ - ~'~