HomeMy Public PortalAbout1995_01_17_R014The Town of
Leesburg,
.rg ma
RESOLUTION NO.
A RESOLUTION:
PRESENTED January !7, 1995
95-14 ADOPTED January 17~ 1995
ACCEPTING A SANITARY SEWER EASEMENT FROM ARCADIA
DEVELOPMENT CORPORATION AND A STORMWATER EASEMENT
FROM NANCY O'CONNOR
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The attached sanitary sewer easement described in Plat Number F-1361, dated
August 23, 1994, entitled "Plat Showing Sanitary Sewer Easement - Arcadia Development Company
Property" is hereby accepted.
SECTION II. The attached stormwater easement described in Plat Number F-1360, dated
August 24, 1994, revised October 20, 1994, entitled "Plat Showing Storm Drainage Easement on the
O'Connor Property" is hereby accepted.
PASSED this 17th day of January , 1995.
· Clem, Mayor
Town of Leesburg
ATFEST:
Clerk of Council
R:O'Cormor
ALEXANDRIA OFFICE
5i0 KING STREET, SUITE
P.O. BOX 8:='O
ALEXANDRIA, VIRGINIA ::':~313
(703) 836-8400
FAIRFAX OFFICE
31 lO FAIRVIEW PARK DRIVE, SUITE 1400
P.O. BOX ~001
FALLS CHURCh, VIRGINIA :=:=042
(703) 841-4~00
LAW OFFICES
A PROFESSIONAL CORPORATION
leESBURG OffICE
SUIte 300
44084 RIVERSIDE PARKWAY
1EESBURG, VIRGINIA 22075
(703) 7;~9-8500 METRO (703) 478-1992
FAX (703) 478-8003
January 13, 1995
PRINCE WILLIAM OFFICE
ThE OLD PIEDMONT BUILDING
thiRD FLOOR
93:=4 WESt STREET
MANASSAS, VIRGINIA :=:=1 I0
(703) 330-7400
RICHMOND OFFICE
411 EAST FRANKLIN STREET, SUITE 6OO
P.O. BOX 788
RICHMOND, VIRGINIA :=3206
(804) 344-3400
WINCHESTER OFFICE
107 NORTH KENT STREET, FOURTH FLOOR
P.O. BOX :=740
WINCHESTER, VIRGINIA :=:=604
(703) 665-0050
BY HAND DELIVERY
The Honorable James E. Clem, Mayor
Town of Leesburg
25 West Market Street
Leesburg, VA 22075
Re: Proposed Sanitary Sewer Easement From Arcadia Development Company
(Grantor) to Town of Leesburg (Grantee)
Dear Mayor Clem:
I am writing this letter at the request of Deputy Town Attorney Deborah C. Welsh
to provide the Town of Leesburg with certain assurances related to the proposed grant of
a Deed of Easement for sanitary sewer services from Arcadia Development Company to the
Town of Leesburg which may, at some future date, be utilized to provide sanitary sewer
services to certain property owned by Ms. Nancy O'Connor located immediately north of the
Town of Leesburg corporate limits and Balls Bluff Road and identified as Loudoun County
Tax Map Parcel 39-11 (hereinafter referred to as the "Subject Property"). Ms. O'Connor
has been advised and understands that her property, while located immediately to the north
of the Town of Leesburg and within the Leesburg Urban Growth Area as established in the
General Plan of Loudoun County, is not vested with the right to demand Town of Leesburg
sanitary sewer services. Given the Subject Property's status as land located in
unincorporated Loudoun County on the outskirts of the Town of Leesburg, Ms. O'Connor
understands that the extension of sanitary sewer services to her property at the present time
would entail special dispensation from the Town of Leesburg in accordance with the
Annexation Area Development Policies (hereinafter referred to as "AADP's"). Therefore,
Ms. O'Connor understands that the acceptance of the referenced sanitary sewer easement
from Arcadia Development Company to the Town of Leesburg shall not be construed as
creating any affirmative obligation on the part of the Town of Leesburg to provide sanitary
sewer services to the Subject Property.
Please Copy
Need Copies
Copies To:
Origin~
~'l~u rn to:"~~
File under: ~ .~,-.,.
Pos.t.;!? copy request pad 7670
LAW OFlelCE$
Hazelfi"[homas
A P~.,~FE$$1ONAL CORPORATION
Re: Proposed Sanitary Sewer Easement From Arcadia Development Company
(Grantor) to Town of Leesburg (Grantee)
January 13, 1995 ................................................ Page 2
We believe that the acceptance by the Town of Leesburg of this referenced sanitary
sewer easement is a sound exercise of "easement banking" in the event the Town of
Leesburg ever decides to annex the Subject Property into its municipal limits or, in the
alternative, decides to extend sanitary sewer services to the Subject Property, as
unincorporated territory, in conformance with the AADP's. Ms. O'Connor and Arcadia
Development Company, as immediately-adjacent neighbors, have developed a friendly
relationship whereby each has agreed to grant easements in favor of the other to the benefit
of both properties and the Town of Leesburg. On behalf of Ms. O'Connor, I would ask that
the Leesburg Town Council accept the grant of the referenced easement as an exercise in
sound planning which does not create any obligations to provide for extra-territorial sanitary
sewer service outside the municipal limits of the Town of Leesburg.
In appreciation of your assistance in this matter, I remain
Very truly yours,
HAZEL & THOMAS, P.C.
J. Randall Minchew
CC;
JRM:dt
Douglas L. Fleming, Jr.
Deborah C. Welsh
O'CONNOR/Clem J13
The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
WHE~, the
Executive Session in
accordance with the provisions
NOW, THEREFORE, BE IT
that to the best of each member's
open meeting requirements under the
Session to which this certification app.; and 2)
/
in the Motion by which the said ~cutive
/
the Leesburg Town Council/
/
PASSED this/ day of
PRESENTED
ADOPTED
EXECUTIVE SESSION OF JANUARY
Council of the Town of Leesburg,
an ~ffi ,~mative
Freedom of
has thiA day convened in
Leesburg Town Council and in
Ac~
Leesburg Town Council does hereby certify
public business matters lawf'uHy exempted from
of Information Act were discussed in the Executive
such public b;,~nesa matters a~ were identified
heard, discussed or considered by
James E. Clem, Mayor
Town of Leesburg
ATTEST:
Clerk of Council
THIS DEED OF EASEMENT is made this day of
January, 1995, by and between ARCADIA DE%-ELOPMENT CO. a
California corporation (hereinafter referred to as "Owner); and
the TOWN OF LEESBURG, VIRGINIA, a municipal corporation
(hereinafter referred to as "Town").
W I T N E S S E T H:
WHEREAS, the Owner is the owner and proprietor of certain
real property (the "Property") as shown on plat number F-1361
dated 8/23/94 entitled "Plat Showing Sanitary Sewer Easement
Arcadia Development Company Property" and prepared by Bengtson,
DeBell & Elkin, Ltd. of Centreviile, Virginia, certified land
surveyors (the "Plat") which Plat is a~tached hereto and
incorporated herein by reference; and
WHEREAS, the Property is situate in the Town of Leesburg,
Loudoun County, Virginia; Owner having acquired the Property by
deed recorded in Deed Book 1280, at Page 1079, among the land
records of Loudoun County, Virginia; and
WHEREAS, it is the desire and intent of Owner to grant and
convey unto the Town the easement in the location as shown on
the Plat and as hereinafter provided;
NOW THEREFORE, in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt of which
is hereby acknowledged, Owner does hereby grant and convey unto
the Town, it successors and assigns, the easement as hereafter
set forth in the respective location shown on the Plat as
follows:
A. Easement for the purpose of installing, constructing,
operating, maintaining, adding to or altering present or future
sanitary sewer lines, including building connection lines,
manholes and other appurtenant facilities for the collection of
sanitary sewage and its transmission through and across the
Property, said easement being more particularly bounded and
described on the Plat.
The above-described sanitary sewer easement is subject to
the following conditions:
1. All sanitary sewer lines, and appurtenant facilities
which are or may be installed in the easemen5 shall be and
remain the property of the Town, its successors and assigns.
2. The Town and its agent shall have full and free use of
said easement for the purposes named, and shall have all rights
and privileges reasonably necessary to the exercise of the
rights granted by the easement including the right of access to
and from the easement and the right to use adjoining land where
necessary; provided, however, that this right 5o use adjoining
land shall be exercised only during periods of actual
construction or maintenance, and then only to the minimum
extent necessary for such construction and 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
adjoining land.
3. The Town shall have the right t0 trim, cut, and remove
trees, shrubbery, fences, structures, or other obstructions or
facilities in or near the easement being conveyed, deemed by it
to interfere with the proper and efficient construction,
operation, and maintenance of said sanitary sewer 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 which are disturbed in
any manner by the construction, operation, and maintenance of
said sanitary sewer lines and appurtenant facilities. Such
restoration shall include the backfilling of trenches, ~he
replacement of fences and shrubbery, the reseeding or resodding
of lawns or pasture areas within and outside the easements, and
the replacement of structures and other facilities located
outside the easements, but shall not include the replacement of
3
structures, trees, and other facilities located within the
easements.
4. Owner reserves the right to make 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 Owner
shall comply with all applicable Town ordinances and
regulations prior to placing any building, roadway, other
structure, or fence within the easement area.
5. The easement granted herein shall be perpetual and
shall run with the land, and shall be binding upon the Owner,
its successors and/or assigns and shall insure to the benefit
of the Town, its successors and assigns.
THIS DEED FURTHER WITNESSETH, that for and in
consideration of the premises and the sum of One Dollar
($1.00), cash in hand paid, receipt of which is hereby
acknowledged, the Owner grants and conveys, in fee simple, to
the Town all appurtenances and facilities located within the
above-described easement.
THIS DEED FURTHER WITNESSETH, that the easement interests
conveyed by the Owner to the Town herein are to provide the
Town with the option, to be exercised at the Town's sole and
4
complete discretion, of providing sanitary sewer service in the
future to certain property containing 463.25 acres, more or
less, more particularly described in Deed Book 372, Page 102
and in Deed Book 882, Page 826 among th~ land records of
Loudoun County, Virginia, which property (hereinafter referred
to as "the O'Connor property") is located immediately north of
and across Balls Bluff Road (State Route 837) from the
Property, but that the acceptance of this Deed of Easement by
the Town shall not be construed to be an affirmasive commitment
on behalf of the Town to provide sanitary sewer service to any
parcels or any property outside of the municipal limits of the
Town of Leesburg.
THIS DEED FURTHER WITNESSETH ~hat:
(1) any construction that may occur within ~he easement
will be performed by the owner(s) of the property so served by
the easement at their sole cost and expense and in accordance
with Town regulations and standards;the Town shall bear no
responsibility for the costs of any such construction;
(2) no sanitary sewer lines or other infrastructure
improvements placed within the easement shall be accepted for
maintenance by the Town until such lines and/or improvements
5
are constructed in accordance with Town regulations and
standards and duly accepted by the Town;
(3) the easement conveyed herein shall not be construed
to constitute an obligation by the Town to provide sanitary
sewer services outside the Town municipal limits;
(4) at present the Town does not have the authority to
provide sanitary sewer services to the O'Connor property;
(5) currently there are no improvements within the
easement but improvements which may be installed within the
easement in the future shall be and remain the property of the
Town, it successors ahd ~signs.
This Deed of Easement is made in accordance with the
statutes made and provided in such cases including Section
15.1-465 et seq. of the Code of Virginia, 1950, as amended;
with the approval of the proper authorities of the Town of
Leesburg, Virginia, as shown by the signatures affixed to the
Plat, and is with the free consent and in accordance with the
desire of Owner, the owner and proprietor of the land depicted
on the Plat.
IN WITNESS WHEREOF, Owner has caused this Deed of Easement
to be signed by its duly authorized representative.
FURTHER WITNESS the following signatures and seals.
ARCADIA DEVELOPMENT CO.,
a California Corporation
By:
Eli Reinhard, President
THIS INSTRUMENT IS HEREBY APPROVED ON
BEHALF OF THE TOWN OF LEESBURG, VIRGINIA
THE TOWN OF LEESBURG
J~mes E.
Its' Mayor
STATE OF CALIFORNIA
COUNTY OF
, to wit:
I, the undersigned Notary Public, in and for the
jurisdiction aforesaid, do hereby certify that
as
of whose name is signed to the
foregoing Deed of Easement, appeared before me and personally
acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this
, 19
day of
Notary Public
My commission expires:
COMMON-WEALTH OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was acknowledged before me this
day of , 1995, by James E. Clem
as Mayor of the Town of Leesburg, Virginia.
Notary Public
My commission expires:
THIS DEED OF EASEMENT is made this day of
October, 1994, by and between NANCY O'CONNOR, a married
individual, (herein referred to as "Owner"); and the TOWN OF
LEESBURG, VIRGINIA, a municipal corporation (hereinafter
referred to as "Town").
W I T N E S S E T H:
WHEREAS, the Owner is the owner and proprietor of
certain real property (the "Property") as shown on the Plat
No. F-1360, dated August 24, 1994, Revised October 20, 1994,
entitled "Plat Showing Storm Drainage Easement on the O'Connor
Property, et al." and prepared by Bengtson, DeBell & Elkin,
Ltd. of Centreville, Virginia, certified land surveyors (the
"Plat") which plat is attached hereto and incorporated herein
by reference; and
WHEREAS, The Property is situate in the Town of
Leesburg, Loudoun County, Virginia; Owner having acquired the
Property by deeds recorded in Deed Book 372 at Page 102 and
Deed Book 882, Page 826 among the land records of Loudoun
County, Virginia; and
WHEREAS, it is the desire and inteJt of Owner to grant
and convey under the Town of Leesburg, Virginia, the
easement in the locations as shown on the Plat and as
hereinafter provided.
NOW THEREFORE, in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt of
which is hereby acknowledged, Owner does hereby grant and
convey unto the Town, its successors and assigns, the
easement as hereafter set forth in the respective location
shown on the Plat for the purpose of installing,
constructing, operating, maintaining, adding to, or altering
present or future storm drainage ditches, lines, or other
drainage structures and facilities, plus necessary inlet
structures, manholes, and appurtenances for the collection of
storm waters and its transmission through, across and upon
the Property, said easement being more particularly bounded
and described on the Plat.
The above-described storm drainage easement is subject
to the following conditions:
!. All drainage lines and appurtenant facilities which
are installed in the easement shall be and remain the
property of the Town, its successors and assigns.
2. The Town and its agents shall have full and free use
of said easement for the purposes named., and shall have all
rights and privileges reasonably necessary to the exercise of
~he rights granted in the easement including ~he right of
access to and from the easement and the right to use
adjoining land where necessary; provided, however, that this
right to use adjoining land shall be exercised only during
periods of actual construction or maintenance, and then only
to the minimum extent necessary for such construction and
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 adjoining land.
3. The Town shall have the right to trim, cut and
remove trees, shrubbery, fences, structures, or other
obstructions or facilities in or near the easement being
conveyed, deemed by it to interfere with the proper and
efficient construction, operation, and maintenance of said
storm drainage lines, storm drainage facilities, 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 which are disturbed
in any manner by the installation, construction, operation,
and maintenance of said storm drainage lines and appurtenant
facilities. Such restoration shall include the backfilling
of trenches, the replacement of fences and shrubbery, the
reseeding or resodding of lawns of pasture areas within and
outside the easements, and the replacement of structures and
other facilities located outside the easement, but shall not
include the replacement of structures, trees, and other
facilities located within the easement.
4. Owner reserves the right to make 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
Owner shall comply with all applicable Town ordinances and
regulations prior to placing any building, roadway, other
structure, or fence, on the easement.
This easement shall be perpetual and shall run with the
land.
This easement shall be binding upon the Owner, its
successors and/or assigns and shall inure to the benefit of
the Town, its successors and assigns.
This Deed further witnesses that for and in
consideration of the premises and the sum of One Dollar
($1.00), cash in hand paid, receipt of which is hereby
acknowledged, the Owner grants and conveys, in fee simple, to
the Town all appurtenances and facilities located within the
above-described easements.
This Deed of Easement is made in accordance with the
statutes made and provided in such cases including Section
15.1-465 et seq. of the 1950 Code of Virginia, as amended;
with the approval of the proper authorities of the Town of
Leesburg, Virginia, and is with the free consent and in
accordance with the desire of Owner, the owner and proprietor
of the land depicted on the Plat.
IN WITNESS WHEREOF, the Owner has caused this Deed of
Easement to be signed by its duly authorized representative.
FURTHER WITNESS the following signatures and seals.
NANCY O'CONNOR
STATE OF
CITY/COUNTY OF
, to-wit:
I, the undersigned Notary Public, in and for the State
and County aforesaid, whose commission expires on the
day of , 199__, do hereby cerSify that
NANCY O'CONNOR, whose name is signed to the foregoing,
personally appeared before me and acknowledged 5he same in my
jurisdiction aforesaid.
GIVEN under my hand and seal this day of
, 1994.
Notary Public
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
THIS INSTRUMENT IS HEREBY APPROVED ON BEHALF OF THE TOWN
OF LEESBURG, VIRGINIA.
TOWN OF LEESBURG
.J~mes E. Clem
Its: Mayor
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
I, the undersigned Notary Public, in and for the State
and County aforesaid, whose commission expires on the
day of , 199__, do hereby certify that
JAMES E. CLEM, as Mayor of the TOWN OF LEESBURG, whose name
is signed to the foregoing, personally appeared before me and
acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this day of
, 1994.
Notary Public
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
EUGENE F. O'CONNOR
STATE OF
CiTY/COUNT~,.D~:~ "~.
I, the undersigned Notary Public, in and for the State
and County aforesaid, whose commission expires on the
day of , 199 , do hereby certify that
EUGENE F. O'CONNOR, whose name is signed to the foregoing,
personally appeared before me and acknowledged the same in my
jurisdiction aforesaid.
GIVEN under my hand and seal this day of
, 1994.
Notary Public
[REMAIDER OF PAGE INTENTIONALLY LEFT BLANK]
EUGENE F. O'CONNOR
as Trustee for Owen Gray
Benedict O'Connor
STATE OF
CITY/COUNTY OF
, to-wit:
I, the undersigned Notary Public, in and for the State
and County aforesaid, whose commission expires on the
day of , 199__, do hereby certify that
EUGENE F. O'CONNOR as Trustee for Owen Gray Benedict O'Connor,
whose name is signed to the foregoing, personally appeared
before me and acknowledged the same in my jurisdiction
aforesaid.
GIVEN under my hand and seal this day of
, 1994.
Notary Public
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]