HomeMy Public PortalAbout1994_10_11_R225The Town of
Leesburg,
.rg nla
RESOLUTION NO.
A RESOLUTION:
WHEREAS,
PRESENTED October 11, 1994
94-225 ADOPTED October 11, 1994
AUTHORIZING AN OFFER TO XEROX REALTY CORPORATION, OR ITS
SUCCESSOR OR ASSIGNS, FOR ACQUISITION OF .8563 ACRES IN FEE SIMPLE,
TEMPORARY ACCESS AND WATERLINE EASEMENTS, AND PERMANENT
SANITARY SEWEREASEMENTS, THEREFORE, REQUIRED FOR CON STRUCTION
OF THE CATTAIL BRANCH SANITARY SEWER CONVEYANCE SYSTEM AND
AUTHORIZING CONDEMNATION PROCEEDINGS
the 1987 Sewer System Master Plan, as amended, includes construction of the Cattail
Branch Sewer Conveyance System to serve the Cattail Branch Watershed; and
WHEREAS, a public need exists for sewer capacity within the Cattail Branch Watershed to sewer the
Balls Bluff Elementary School scheduled to open in September, 1995; and
WHEREAS, construction of the Cattail Branch Sewer System is an essential element of the town's
pollution abatement program and protection of Virginia's water from pollution; and
WHEREAS, a need exists for acquisition of .8563 acres in fee simple, a temporary access easement,
temporary waterline easement and permanent sanitary sewer easements from Xerox Realty Corporation, on
whose property the alignment of the sewer and location of the pumping station has been established; and
WHEREAS, efforts to secure such easements have been unsuccessful; and
WHEREAS, a fair market value for the fee simple area and access, waterline and sanitary sewer
easements has been established by a certified appraiser:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Xerox Realty Corporation is hereby offered the sum of $27,200.00 for the purchase of
fee simple land, temporary and permanent access, waterline and sanitary sewer easements affecting 3.33 acres,
more or less as shown on the attached plats of William H. Gordon & Associates, dated 23 August 1994 and
26 April 1994.
-2-
A RESOLUTION: AUTHORIZING AN OFFER TO XEROX REALTY CORPORATION ....
SECTION II. The Council hereby declares that an essential public convenience and necessity exists
to acquire the aforesaid easements for construction of the Cattail Branch Sanitary Sewer Conveyance System
and in the event the offer is not accepted in writing within five (5) days of receipt, the Council does hereby
authorize the town attorneys to file the requisite petition for condemnation and right of early entry on behalf
of the Town of Leesburg pursuant to the Charter for the Town of Leesburg and Section 33.1-119 et. seq. of
the 1950 Code of Virginia, as amended. The Council does further hereby authorize the Director of Finance
to issue a check in the sum of $27,200.00, payable and to be deposited with the Clerk of the Circuit Court of
Loudoun County, Virginia, and does hereby authorize the Mayor to sign any and all documents, including
but not limited to a certificate of take, to affect such acquisition.
PASSED this llth day of October ,1994.
ATIYEST:
Clerk of Council
~//James E. Clem, Mayor
Town of Leesburg
~ T"~_ PROP£R'Pf D£LINE.&'~ED ON THIS P~,~T IS SHOWN ON LOUDOUN COUN'P¢ TAX
PlAT SHOWING
SANITARY _SE'filER. E^SEMENT
',' ? XEROX .REALTY CORPO:
CUR~ J RADIUS [ LENGTH J TANGENT J CHORD Je~AR~t4G J DELTA
C1 20000' 9244' 4706' 9t.62' N 57'17'24' W 2~29'00~
C2 500.00' 4065' 2033' 4063' S 46'22'3~ E04']9'27'
C3 250.00' 93.00' 47.04' 9247' N 38'02'55" W2t'18'52'
'NOTE: SEE ATTACHED SPECIAL EXCEPTION P~T FOR ~,YOUT ~ND HEIGHT OP
PROPOSED FU~PING STAT{ONS AND LI~IT$ OF PROPOSED C.LARING AND GR.~DING.
t
1 oo 50 o 1 oo 200
PLAT SHOWING
SUBDIVISION EXCEPTION
C~N THE PROPERTY OF
XEROX REALTY CORP.