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