HomeMy Public PortalAbout1989_09_12_R188L ,~£
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RESOLUTION NO. 89-188
A RESOLUTION: SETTLEMENT AUTHORIZATION OF
TRUSTEE, AT LAW NO. 10252
PRESENTED September 12, 1989
ADOPTED September 12, 1989
TOWN VS. BERNARD M. CARLTON,
WHEREAS, there is pending before the Circuit Court of Loudoun County, Virginia, a suit
styled, The Town of Leesburg vs. Bernard M. Carlton, Trustee and 6.75 acres, more or less, at Law No.
10252 for the condemnation by the Town of a 20' permanent and 20' temporary construction easement
for the installation of the waterline along the Route 15 Bypass.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized to execute a settlement agreement in such case in a form approved
by the Town Attorney to include the following:
1. Payment of the sum of $80,000.00 to Bernard M. Carlton, Trustee. The sum of
$52,225.00, representing the amount paid by the Town to Carlton for the right of early entry upon such
property, shall be applied as a credit.
2. A minimum area of 4' within the 20' permanent easement outside of the one to one
slope area to be cleared of planting shall be an area of sufficient width to accommodate the planting
of trees and shrubbery within the landscaped buffer area adjacent to the Route 15 Bypass as sefforth
in Proffer 4 of Ordinance No. 85-0-27. The plantings to be allowed within the area shall be limited to
those plantings set forth on the list attached hereto and made a part hereof.
3. Parking shall be anowed on the easement provided it conforms to the Zoning Ordinance
and Subdivision and Land Development Regulations of the Town.
4. A portion of the 5% interior landscaped area as set forth in Proffer 5 of Ordinance No.
85-0-27 may be located within the 20' permanent easement.
PASSED this 12th day of September , 1989.
ATTEST: '~
~'erk of -C,~cil
Robert E. Sevila, Mayor
Town of Leesburg