HomeMy Public PortalAbout1989_01_10_R008L~esBurg in ~'rginia
PRESENTED January 10~ 1989
RESOLUTION NO. 89-8 ADOPTED January 10, 1989
A RESOLUTION: AUTHORIZING AN OFFER TO DONALD E. NELSON, TRUSTEE, FOR EXCHANGE
OF EASEMENTS AFFECTING 0.1877 ACRES REQUIRED FOR CONSTRUCTION OF
THE TUSCARORA CREEK INTERCEPTOR SEWER AND AUTHORIZING CONDEMNATION
PROCEEDINGS
WHEREAS, the 1987 draft Water and Sewer Master Plan for the Town of
Leesburg, as prepared by Camp Dresser & McKee engineers, identified the existing
Tuscarora Creek Interceptor Sewer as inadequate to meet current and future needs
of the Town of Leesburg; and
WHEREAS, this plan recommended construction of a new 27" sanitary sewer
interceptor parallel to the existing Tuscarora Creek Interceptor Sewer; and
WHEREAS, a need exists for acquisition of an additional 15' of easement
width adjacent to the existing 20' sanitary sewer easement traversing various
properties; and
WHEREAS, the Town of Leesburg will vacate an equal portion of the existing
20' sanitary sewer easement and convey this property to the appropriate owner
after construction completion; and
WHEREAS, efforts to secure such easements have been unsuccessful; and
WHEREAS, a nuisance value for each easement exchange has been established:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Donald E. Nelson, Trustee, is hereby offered the sum of $613.12
for the exchange of permanent sanitary sewer easements affecting 0.1877 acres,
more or less as shown on the attached plat of Dewberry & Davis, dated December
23, 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 to the
-2-
RESOLUTION: AUTHORIZING OFFER FOR EXCHANGE OF EASEMENTS AND CONDEMNATION
appropriate parties 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 sanitary sewer 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 sanitary sewer and the right to early entry prior to the
determination and deposit of the amount of just compensation is imperative, and
does hereby authorize the town attorneys to file the requisite petition for con-
demnation 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 $613.12, 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
10th day of
ATTE. ST:
Clerk of~ouncil
January , 1989.
Robert E. Sevila, Mayor
Town of Leesburg
SAN -2
TOWN OF LEESBURG
SANITARY SEWER EASEMENT AGREEMENT
THISDEED OF EASEMENT made and entered into this day!
~f , 19__, by and between Donald E. Nelson,
Trustee
"Grantor" herein) and the Town of Leesburg, a municipal corpor-
ation in the State of Virginia ("Town" herein).
WI TNES SETH :
That for and in consideratio~ of the sum of Ten Dollars
($10.00), cash in hand paid, the receipt of which is hereby
acknowledged, the Grantor(s) do(es) hereby grant and convey unto
the Town, its successors and assigns, a permanent easement and
right-of-way for the purpose of constructing, operating, maintaining,
· dding to or altering present or future sanitary sewer lines,
including house connection lines, plus necessary manholes and
appurtenances for the collection of sewage and its transmission
through and across the property of the Grantor, said property and
easement being more particularly bounded and described on the plat
prepared by Dewberry & Davis
'and dated December 23 , 1988 , attached hereto and made a part
l~ereof, is subject to the fol-~wing conditions:
· All sewers, manholes and appurtenant facilities which
i~re installed in the easement and right-of-way shall-be and remain
i~he property of the Town, its successors and assigns.
2. The Town and its agents shall have full and free use of
. he said easement and right-of-way for the purposes named, and
!~hall have all rights and privileges reasonable necessary to the
i~xerclse 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
iland adjoining the easement where necessary; provided, however,
ithat this right to use abutting land shall be exercised only during!
iperiods of actual construction or maintenance, and then only to the.
minimum extent necessary for such construction or maintenance, and
Ifurther, this right shall not be construed to allow the Town to
'~rect any building or structure of a permanent nature on such
~butting land.
3. The Town shall have the right to trim, cut and remove
:rees, shrubbery, fences or other natural obstructions or
Facilities, in or abutting the easement being conveyed, deemed by
~t to interfere with the proper and efficient construction,
operation and maintenance of said sewers and appurtenant facilities~
i~rovided, however, that the Town at its own expense shall restore,
i~s nearly as possible, to their original condition, all land or
kremises included within or abutting the said easement which are
.~isturbed in any manner by the construction operation and maint-
enance of said sanitary sewers and appurtenant facilities; provided
i~estoration shall include the backfilling of trenches, repaying,
.the replacement of fences, the reseeding or resodding of lawns or
~asture areas, the replacement of shrubbery and the replacement of
~tructures and other facilities located without the easement, but
shall not include the replacement of trees or the replacement of
;tructures and other facilities located within the easement.
4. The Grantor reserves the right to make any use of the
~asement herein granted which may not be inconsistent with the
~ights herein conveyed or interfere with the use of said easement
)y the Town for the purposes named; provided however, that the
~rantor shall not erect any building or other structure, excepting
~ fence, or change existing ground elevation or impound any water
)n the easement without obtaining prior written approval of the
?own.
IN WITNESS WHEREOF, the Grantor(s) has hereto set its hand
iand seal,--a~'~che Town of Leesburg, in Virgin.ia has caused this
iagreement to be signed and acknowledged in its corporate name by
the Mayor and its corporate seal hereto affixed and attested by
~he Clerk, said officials being hereto duly authorized so to act.
(SEAL)
(SEAL)
(SEAL)
(SEAL)
ATTEST:
Clerk of Council
THE TOWN OF LEESBURG IN VIRGINIA
A Municipal Corporation
By
Mayor
(SEAL)
· LOT ,.3 \
r,~,-."F
Tc)WN. OF LE~.~:E
LOTZ
NOTES'
I)THE PROPERTY DELINEATED OH 'THIS PLAT IS
LOCATED ON TAX MAP 48K((15))
2)NO Tf'lrLE REPORT FURNISHED.
~)TH~ PLAT DOES NOT REPRESENT A BOUNDARY
5URYE¥ BY THIS FIRM. BOUNDARY ~NFORMATION
AND EX~TINOSANrt~R¥ SEWER EASEMEHT INFORMATION
TAKEN FROM EXISTINQ RECORDS.
4)LOTS I AND4 OF HARVEST ,~QUARE AO;UIREO BY DONALD
E. IdEL,~N AS RECORDED lid DEED BOOK 84'7 PAGE I
AMONG THE LAND RECORD5 OF LOLIDOUN COUNTY)VIRGINI&.
LOT I
%
,/
20'S~ellary Sewer
NOT TO SCALE
~ ,;;,,;, ,1
PLAT SHOWlN&
· ADDITIONAL IS' SANITARY
SEWERTHROUG.EASEMENT PP~.~N~D
LOTS I AND 4 0ECP. 31~8
OF HARVEST SQUARE
DEWBEERY [ DAVIS