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Home My Public Portal About1989_01_10_R010in ~rirginia RESOLUTION NO. 89-10 A RESOLUTION: PRESENTED January 10, 1989 ADOPTED January 10, 1989 AUTHORIZING AN OFFER TO ALEXANDRIA PACKAGING & SUPPLY, INC., FOR EXCHANGE OF EASEMENTS AFFECTING 0.0592 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. Alexandria Packaging & Supply, Inc., is hereby offered the sum of $193.50 for the exchange of permanent sanitary sewer easements affecting 0.0592 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 con- -2- RESOLUTION: AUTHORIZING OFFER FOR EXCHANGE OF EASEMENTS AND CONDEMNATION veyed to the 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 com- mencing 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 $193.50, 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 ATTEST: ~~ Clerk o~ounci~ 10th day of January , 1989. Robert E. Sevila, Mayor Town of Leesburg SAN -2 TOWN OF LEESBURG SANITARY SEWER EASEMENT AGREEMENT THIS DEED OF EASEMENT made and entered into this day! )f , 19 , by and between Alexandria Packaging & Supply, Inc. ("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, adding 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 ~hrough and across the property of the Grantor, said property and ~asement being more particularly bounded and described on the plat ~repared by Dewberry & Davis !and dated December 23 , 1988 , attached hereto and made a part lereof, is subject to the fol-~wing conditions: 1. All sewers, manholes and appurtenant facilities which iare 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 agents shall have full and free use of its 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 land adjoining the easement where necessary; provided, however, i~hat this right to use abutting land shall be exercised only during. iperiods of actual construction or maintenance, and then only to the iminimum extent necessary for such construction or maintenance, and ifurther, 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 ~rees, shrubbery, fences or other natural obstructions or facilities, in or abutting the easement being conveyed, deemed by it to interfere with the proper and efficient construction, ~peration and maintenance of said sewers and appurtenant facilities~ ~rovided, however, that the Town at its own expense shall restore, irs nearly as possible, to their original condition, all land or remises 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 irestoration shall include the backfilling of trenches, repaying, .~he 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 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 the easement without obtaining prior written approval of the Iown. IN WITNESS WHEREOF, the Grantor(s) has hereto set its hand ~and seal,--a~ae%'~che Town of Leesburg, in Virginia has caused this iagreement to be signed and acknowledged in it~ corporate name by ~.he 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: THE TOWN OF LEESBURG IN VIRGINIA A Municipal Corporation By Mayor Clerk of Council (SEAL) N/F / r.,J?F ~ JOHN O. BLUNT ~ JOHN H. GtAUBJR \ .RICHA~RD O, {.30RE ~ ~ \ NOTES: ALEXANDRIA PACKAGING' ~ SUPPLY INC. h VC~(./$. 7.. ..%~ ,~,,~ o~-'....~ ~.~ tRGINIA / KNOi. L5 SECTION NOT TO SCALE VICINITY MAP PP,~'qTED DEC 2 3 1988 15' SANITARY SEWER EASEMENT ALEXANDRIA PACKAGING SUPPLY INC. DEWBERRY X, DAVIS