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Home My Public Portal About1989_04_25_R080Lees~[rg in ~rirginia RESOLUTION NO. 89-80 A RESOLUTION: PRESENTED April 25, !989 ADOPTED AUTHORIZING THE GRANTING AND EXECUTION OF A LICENSE AGREEMENT BY THE TOWN OF LEESBURG FOR THE COUNTY OF LOUDOUN AND PUBLIC LIBRARY BOARD TO DEVELOP PARKING AREAS IN IDA LEE PARK AND THE GRANTING OF UTILITY EASEMENT BY THE COUNTY OF LOUDOUN AND PUBLIC LIBRARY BOARD TO THE TOWN OF LEESBURG FOR THE DEVELOPMENT OF IDA LEE PARK WHEREAS, the Loudoun County Board of Supervisors and its Public Library Board Rave requested that future parking areas located on Ida Lee Park be included along the west and northwest boundary of the Rust library site to provide overflow parking for patrons of the future expanded library; and WHEREAS, the County of Loudoun and the Public Library Board have agreed to convey the utility easement through the eastern boundary of the library site to accommodate the development of Ida Lee Park, a copy of which is attached; and WHEREAS, and in furtherance of the public purposes for which it was created, the Council proposes to permit the use of the parking areas and accept the utility easement: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The acceptance of the utility easement and execution, delivery and pedormance of the revokable license agreement is hereby authorized and shall be in substantially the form submitted to this meeting, with non-substantive changes, insertions or omissions as may be approved by the Mayor and Town Attorneys. SECTION II. The Mayor is hereby authorized and directed to execute and the Clerk of the Council shall attest the revokable license and utility easement agreement on behalf of the town. PASSED this 25th day of April ATTEST: Clerk of C~ncil ,1989. R6bert 'E. Se'vile, May~r Town of Leesburg LICENSE AGREEMENT The Town of Leesburg (Town) hereby grants to the County of Loudoun (County) and the Public Library Board (Library Board) of Loudoun County a nonexclusive license and use of the following described property for utilization as a parking facility for the adjacent library structure. The licensee will maintain and repair the parking area. (Legal Description) The Town, County and Library Board hereby acknowledge that the consideration for the aforementioned license is the granting of a utility easement in the form evidenced by the attached draft easement at the request of the Town across real property owned in part by the County and Library Board, as well as the commitment of the Library Board to improve the subject property by paving the parking facility for the joint use of the patrons of Ida Lee Park and the library. ATTF_~ST: Clerk of Tow;~ Council of Leesburg COUNTY OF LOUDOUN, VIRGINIA By. Betty W. Tatum Chairman, Board of Supervisors PUBLIC LIBRARY BOARD OF THE COUNTY OF LOUDOUN, VIRGINIA By. Chairman By Robert E. Sevila Mayor, Town of Leesburg EASEMENT AGREEMENT THIS DEED OF EASEMENT made and entered into this day of~ ,19 , by and between the County of Loudoun, a political subdivision in the State of Virginia ("Grantor" herein) and the Town of Leesburg, a municipal corporation in the State of Virginia ("Town" herein). WITNESSETH: That for and in consideration of the sum of Ten Dollars 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 water lines, gas lines and sanitary sewer lines, through and across the property of the Grantor, said property and easements being more particularly bounded and described on the plat prepared by Patton Harris Rust and Associates and dated February 14, 1989, attached hereto and made a part hereof, is subject to the following conditions: 1. All sewers, manholes, water lines and appurtenant facilities which are installed in the easement and right-of-way shall be and remain the property of the Town, its successors and assigns. 2. The Town, its agents and assigns shall have full and free use of the said easement and fight-of-way for the purposes named, and shall have all fights and privileges 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 adjoining the easement where necessary; provided, however, that this fight 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 or maintenance, and further, 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 trees, 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, operation and maintenance of said sewers, water lines and appurtenant facilities; provided, however, that the Town at its own expense shall restore, as nearly as possible, to their original condition, all land or premises included within or abutting the said easement which are disturbed in any manner by the construction operation and maintenance of said sanitary sewers, water lines and appurtenant facilities; provided, restoration shall include the backfilling of trenches, repaving, the replacement of fences, the reseeding or resodding of lawns or pasture areas, the replacement of shrubbery and the replacement of structures and other facilities located outside the easement, but shall not include the replacement of trees or the replacement of structures and other facilities located within the easement. 4. The Grantor reserves the fight to 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 Town for the purposes named; provided however, that the Grantor shall not erect any building or other structure, excepting a fence, or change existing ground elevation or impound any water on the easement without obtaining prior written approval of the Town. -2- IN WITNESS WHEREOF, the Grantor (s) has hereto set its hand and seal, and the Town of Leesburg, in Virginia has caused this agreement to be signed and acknowledged in its corporate name by the Mayor and its corporate seal hereto _affixed and attested by the Clerk, said officials being hereto duly authorized so to act. COUNTY OF LOUDOUN, VIRGINIA By. Betty W. Tatum Chairman, Board of Supervisors PUBLIC LIBRARY BOARD OF THE COUNTY OF LOUDOUN, VIRGINIA By Chairman ATTEST: Clerk of C~n'cil TOW~F LEESBURG Robert E. Sevila Mayor, Town of Leesburg STATE OF VIRGINIA COUNTY OF LOUDOUN to-wit: The foregoing instrument was acknowledged before me this __. day of 1989, by Betty W. Tatum, Chairman of the Board of Supervisors on behalf of the County of Loudoun, State of Virginia. My commission expires Notary Public ---TOUN OF LEESBURG .... PI.ltl_lC LII~RARY ~ THE COUNTY (IlC. LO~I)OUN. VIRGINIA AND COUNTY ~ LOUD(JUN. VIKINIA 3. (x)(x) AC ROUTE A6c~l NOTES4 VICINITY PRINTED FEll 1 ? m