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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