HomeMy Public PortalAbout1989_03_07_R048Leesb~rg in ~irginia
P~8OLUTION NO.
A RESOLUTION:
PRESENTED March 7 ~ 1989
89-48 ADOPTED March 7 ~ 1989
AUTHORIZING AN OFFER TO MARK D. EATON, TRUSTEE FOR THE
ACQUISITION OF AVIGATION EASEMENT NEEDED FOR THE SOUTH
RUNWAY EXTENSION AT THE LEESBURG AIRPORT AND AUTHORIZING
CONDEMNATION PROCEEDINGS
WHEREAS, the Town's Capital Improvements Program and the adopted Airport Master Plan call
for a runway extension to a total length of 5,500 feet to attract corporate aircraft; and
WHEREAS, the 1,000 foot extension to the north has been completed; and
WHEREAS, the FAA requires purchase of land and easements necessary for the extended clear
zone prior to construction of the southern 1,000 foot extension; and
WHERF_a~, 25 of the 39 acres needed have already been purchased; and
WHEREAS, the FAA has authorized the process used to establish the value of the required
approach easements and fee simple of the remaining property south of the airport; and
WHEREAS, the FAA recommends acquisition of avigation easements over a parcel of land possibly
standing the ~ame of Mark D. Eaton, Trustee, but as to which he may not be able to convey legal title;
and
WHEREAS, the FAA and the Commonwealth of Virginia will fund 95 percent of the costs; and
WHEREAS, the Town Council by Resolution #88-199 authorized condemnation proceedings to
acquire an avigation easement for all the property allegedly held by Eaton, Trustee for the airport's
runway extension; and
WHEREAS, clear title was acquired for a portion of this property by Kenneth F. McKeehan, and
an offer and authorization to condemn the property for an avigation easement was authorized by Council
by Resolution #88-253; and
WHEREAS, the Town Council by Resolution No. 88-252 authorized the Town Attorneys to file a
petition for condemnation on the remainlug portion of the land in the ~ame of Mark D. Eaton, Trustee,
but wherein the Council noted that title e~amluation indicated he did not have good title thereto; and
WHEREAS, Resolution No. 88-252 did not include an offer to purchase the easement from Mark
D. Eaton, Trustee, because of his inability at the time to convey legal title; and
2
WHEREAS, counsel for Mark D. Eaton, Trustee, has filed a plea in bar alle~i~ that an offer
was necessary before the condemru*tlon petition could be considered and that the Court does not have
jurisdiction over the present petition-.
THEREFORE, RESOLVED by the Council of the Town of Leeshurg in ~rwginia, as follows:
S~ON I. Mark D. Eaton, Trustee, is hereby offered the sum of $14,000 for the purdmse of
the clear zone approw, h easement as set forth on the deed of easement attached hereto and made a part
hereof and as shown on the attached plat of Ross France and Ratcliff, Lt&, dated November 27, 1987
on condition that title to the land affected is free and clear of all defects, liens or encumbrances and
an non-appealable decree determining that Mark D. Eaton, Trustee, has legal title, has been rendered,
or the title is insurable without exception as to ownership, subject to the above, to the Town of Leesburg.
The easement will be conveyed accordin~ to the plat and terms of the attached proposed easement with
the usual warranties of title within ten (10) days aider written acceptance of this offer, with a right of
entry commencing at the time of acceptance.
SECTION H. In the event this offer is not accepted in writing within ten (10) days from receipt
of this resolution, the Council hereby declares that an essential public convenience and ~
requiring entry upon the property prior to the determination and deposit of the amount of just
compeo~ation, and does hereby authorize the town attorneys to ~e the requisite petition 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 $14,000.00 payable to this Court in accordance with Section 15-
46.8 of the 1950 Code of V'wginia, as amended.
PASSED this 7th day of
ATTEST:
Clerk of
March , 1989.
Town of Leesburg
EXHIBIT 3
CLEAR ZONE AND APPROACH EASEMENT
by
as GRANTOR,
as GRANTEE.
THIS EASEMENT made this day of , 1989,
and between , hereinafter referred to
and the Town of Leesburg, hereinafter referred to
THAT WHEREAS
fee simple title to
(hereinafter referred
WITNESSETH
the said GRANTOR is the alleged owner of
that certain tract or parcel of land
to as Property) shown on Exhibit "A",
which is attached hereto and made a part hereof; and
WHEREAS there is a break in the chain of title and
title to said property may be vested in the widow or widower
and heirs, devisees and successors in title of Washington Day
and Sally Day who are made parties defendant by the general
description of unknown owners; and
WHEREAS said above described land is free and clear of
all ' leases, liens, mortgages, mechanics liens or any
encumbrances of any nature whatsoever except the following:
Loudoun
1987 and 1988
penalties; and
WHEREAS
Leesburg Municipal
County
are a
real estate taxes for the years 1986,
lien due and payable, plus interest and
the Town of
Airport
Leesburg is the owner of the
situated in the Town of Leesburg,
County of Loudoun and State of Virginia.
$10.00
GRANTEE
hereby
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of
and other good and valuable consideration paid by the
to the GRANTOR, the receipt and sufficiency of which is
acknowledged, the GRANTOR hereby covenants and agrees
with GRANTEE
erection or
within or
approach area
runway 17-35
height above
that he will not hereafter erect, or permit the
growth, of any structure, trees, or other object
upon said Property which lies within the clear zone
or adjacent transition areas of the south end of
(which area is identified on Exhibit "A") to a
the clear zone approach surface or adjacent
transition surface for that approach area (as also identified
on the said Exhibit "A"), said clear zone approach surface
being an inclined plane with a slope of 34:1, i.e., one foot of
elevation for each 34 feet of horizontal distance, located
directly above the clear zone approach area, which inclined
plane has an elevation of 422.27 feet (mean'sea level at its
inner and lower edge along the profile as shown on Exhibit "A")
and 'an elevation of 428.30 feet (mean sea level) at its outer
and upper edge along the profile as shown on said Exhibit "A",
and said adjacent transition surface being an inclined plane
with a slope of 7:1, i.e., one foot of elevation for each 7
feet of horizontal distance, located directly above the
transition areas, which inclined plane has the same elevation
as the clear zone approach surface along the lines common to
both surfaces and which plane extends upward and outward at the
aforementioned slope of 7:1 to the edge of the transition area
as defined on said Exhibit "A".
Further, for the consideration as set forth above, the GRANTOR,
for himself, his heirs, successors and assigns does hereby
grant and convey unto the GRANTEE, its agents, servants, and
employees a continuing and perpetual right and easement to take
any action necessary to prevent the erection or growth of any
structure, tree or other object into the airspace above that
part of said approach surface, above the above-described
inclined plane located directly over said Property and to
remove from such airspace, or mark or light as obstructions to
air navigation any and all structures, trees or other objects
that may extend above such approach surface, together with the
right of ingress to, egress from and passage over the Property
of the GRANTOR for such purpose.
Further, for the consideration as above set out,
does hereby grant unto GRANTEE for the use and benefit
public a right of flight for the passage of aircraft in
the airspace above the said Property in the approach surface
abov~ the inclined plane as above described and as shown on
Exhibit "A", together with the right to cause in said airspace
such noise or vibration as may be inherent in the operation of
aircraft using said airspace for landing at, taking off from,
GRANTOR
of the
or operating at the airport.
TO HAVE AND TO HOLD
appertaining thereto unto the
said easement and all rights
GRANTEE, its successors and
assigns forever with the understanding that these covenants and
agreements shall be binding upon the heirs, administrators,
executors, and assigns of GRANTOR, and that these covenants and
agreements shall run with the land.
WITNESS the following signatures and seals.
(SEAL)
THE TOWN OF LEESBURG
By:
(SEAL)
STATE OF
CITY/COUNTY OF
, To-Wit:
Subscribed, sworn to and acknowledged before me this
day of , 1989 by
Grantor.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
COUNTY OF LOUDOUN, To-Wit:
Subscribed, sworn to and acknowledged before me this
day of , 1989 by
the Town of Leesburg.
for
My Commission Expires:
Notary Public