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HomeMy Public PortalAbout1992_07_14_R115The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED July 14, 1992 ~?-11~ ADOPTED July 14, 1992 AUTHORIZING AN IMPLEMENTATION AGREEMENT AND AN ESCROW AGREEMENT WITH THE TOLL ROAD CORPORATION OF VIRGINIA (TRCV); APPROVING THE CONVEYANCE OF A TEMPORARY DETOUR EASEMENT ON AIRPORT PROPERTY TO TRCV; APPROVING THE CONVEYANCE OF AN EASEMENT TO TRCV FOR THE CROSSING OF TOLBERT LANE BY THE DULLES TOLL ROAD EXTENSION; AND APPROVING A PERFORMANCE GUARANTEE FOR THE DULLES TOLL ROAD EXTENSION the Toll Road Corporation of Virginia (TRCV) has obtained a Certificate of Authority from the State Corporation Commission pursuant to the Virginia Highway Corporation Act of 1988; and WHEREAS, construction drawings for the Dulles Toll Road Extension to Leesburg have been conditionally approved by the Department of Engineering and Public Works; and WHEREAS, final subdivision plats, which establish the right-of-way for construction, operation and maintenance of the Dulles Toll Road Extension to Leesburg, have been conditionally approved by town staff and presented to the Planning Commission; and WHEREAS, Section 56-546D of the Virginia Highway Corporation Act of 1988 provides for special agreements for local governments concerning supplemental or related matters which are in the public interest; and WHEREAS, an Implementation Agreement between the town and TRCV has been prepared and includes provisions addressing improvements to be installed by TRCV and conveyed to the town, providing a performance guarantee for the improvements to be conveyed to the town, provisions for existing and future utility line crossings to the Toll Road right-of-way, assignment of the Agreement to Toll Road Investors Partnership II, L.P. (TRIP II); payment by TRCV of Land Development application fees to the town; and A RESOLUTION: -2- IMPLEMENTATION AGREEMENT AND AN ESCROW AGREEMENT WITH THE TOLL ROAD CORPORATION OF VIRGINIA WHEREAS, TRCV requires that an easement be conveyed by the town for a temporary detour of Tolbert Lane onto town airport property; and WHEREAS, TRCV requires that an easement be conveyed by the town to allow the crossing of Tolbert Lane right-of-way by the Dulles Toll Road Extension; and WHEREAS, the approved and signed subdivision plats and easement plats will be held by an Escrow Agent and not recorded until the settlement day for permanent construction financing for the Dulles Toll Road Extension and an Escrow Agreement is needed to establish instructions for the Escrow Agreement; and WHEREAS, the Town of Leesburg remains a vigorous supporter of the proposed Dulles Toll Road Extension to Leesburg from Route 28 at Dulles Airport. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor is hereby authorized to sign on behalf of the town the Implementation and Escrow Agreements with the Toll Road Corporation of Virginia in a form approved by the Town Attorney. SECTION II. The Mayor is hereby authorized to sign on behalf of the town a temporary detour easement for the Toll Road Corporation of Virginia on Leesburg Airport property located adjacent to Tolbert Lane with the plat approved by the Director of Engineering and Public Works the Deed of Easement approved by the Town Attorney. SECTION III. The Mayor is hereby authorized to sign on behalf of the town an easement for the Ton Road Corporation of Virginia to allow construction, operation and maintenance of the Dulles Toll Road Extension across Tolbert Lane fight-of-way. The plat must be approved by the Director of Engineering and Public Works and the Deed of Easement approved by the Town Attorney. A RESOLUTION: -3- IMPLEMENTATION AGREEMENT AND AN ESCROW AGREEMENT WITH THE TOLL ROAD CORPORATION OF VIRGINIA SECTION IV. A corporate surety bond in a form approved by the Town Attorney from Aetna Casualty and Surety Corporation in the amount of $1,319,487.00 is approved as security to guarantee installation of the public improvements shown on the construction drawings approved by the Director of Engineering and Public Works for the Dulles Toll Road Extension to Leesburg. PASSED this 14th day of July , 1992. ATTEST Clerk of Coun~- /'James E. Clem, Mayor Town of Leesburg r:dulles.tre