HomeMy Public PortalAbout1999_05_11_r130 Th.e To~vn o{
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RESOLUTION NO.
A RESOLUTION:
99-130
APPROVING THE VACATION
PRESENTED ~lay 11, 1999
ADOPTED May 11~ 1999
OF TWO WATERLINE
EASEMENTS WITHIN MEADOW BROOK FARM ESTATES
WHEREAS, Peter E. Kalaris has requested that the Town vacate two waterline
easements within the Meadow Brook Farm Estates subdivision; and
WHEREAS, the easements to be vacated are no longer needed due to the use of
an alternative waterline alignment to serve the Evergreen Mill Elementary School.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. That the waterline easements labeled as "Waterline Easement
(Hereby Created)" as shown on the easement plat titled, "Plat Showing 15' Waterline
Easement Across Lot 1, Block 6 and Part of Tract "B" Meadow Brook Farm Estates"
dated March 26, 1997, and as shown on the easement plat titled, "Plat Showing 15'
Waterline Easement Across Lot 7, Block 5, Meadow Brook Farm Estates" dated March
26, 1997, and both prepared by Chamberlin, Wolford & Chen, P.C. are hereby vacated.
SECTION II. This resolution shall be in effect upon the recordation of the
associated deeds of vacation.
PASSED this llth day of May ,1999.
Clerk of Council
R.LeesburgSouth
Jaff~es E. Clem, Mayor
Town of Leesburg
DEED OF VACATION
THIS DEED OF VACATION, made this day of ,1999, by and
between the TOWN OF LEESBURG~ VIRGINIA, a municipal corporation (hereinafter
referred to as "Town") and WASHINGTON-VIRGINIA TRADITIONAL
DEVELOPMENT SITES~ INC., a Virginia Corporation (hereinafter referred to as
C'Owner"), provides:
WHEREAS, the Owner is owner and proprietor of certain real property (the
Property) as shown on two plats, both dated March 26, 1997, the first titled "Plat
Showing 15' Waterline Easement Across Lot 7, Block 5, Meadow Brook Farm Estates",
and the second tiffed "Plat Showing 15' Waterline Easement Across Lot 1, Block 6 and
part of Tract "B" Meadow Brook Farm Estates", prepared by Chamberlin, Wolford and
Chen, P.C., of Leesburg, Virginia, certified land surveyors, which Plats are attached
hereto and made a part hereof. The Property is situate in the Town of Leesburg,
Loudoun County, Virginia, Owner having acquired the Property by deed recorded in
Deed Book 780 at Page 732, among the land records of Loudoun County, Virginia, and
WHEREAS, by Deed of Easement recorded in Deed Book 1499 at Page 1752
among the aforesaid land records Owner conveyed to the Town the above referenced
easements for the purpose of installing a waterline, as further described therein, and
WHEREAS, the aforesaid Deed of Easement provided that the easements granted
therein "shall be vacated by the Town of Leesburg at such time as an alternative means of
providing public water to the elementary school site in conformance with Town standards
is provided by others at no expense to the Town, such improvements are accepted by the
Town, and upon recordation of a deed of easement for such alternative location in a form
approved by the Town Attorney", and
WHEREAS, the conditions for the easement vacation have been met in that an
alternative location for providing public water to the elementary school in conformance
with Town standards was approved by the Town, a waterline was constructed by Owner
within that alternative location at no expense to the Town, said waterline was accepted by
the Town, and a Deed of Easement for said alternative location was approved by the
Town Attorney and recorded in Deed Book 1522 at Page 1381 among the aforesaid land
records,
NOW THEREFORE, for and in consideration of the sum ofTEN DOLLARS
($10.00) in hand paid, the receipt of which is hereby acknowledged by the Town, by this
instrument the Town does hereby surrender, release, vacate and quitclaim unto Owner, its
successors and assigns, the waterline easements shown on the plats attached hereto.
This Deed of Vacation is made in accordance with the statutes made and prOvided
in such cases and is with the approval of the proper authorities of the Town of Leesburg,
Virginia.
WITNESS the following signature and seal:
TOWN OF LEESBURG, VIRGINIA
Approved as to legal form:
Deputy Town Attorney
By: ~-~ ~. ~
J.a/rnes E. Clem, Mayor
(Seal)
COMMONWEALTH OF VIRGINIA,
COUNTY OF LOUDOUN, m-wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby
certify that James E. Clem, whose name is signed to the foregoing Deed of Vacation,
appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
Given under my hand and seal this /35t~dayof //~td~, 1999.
Notary Public
My Commission Expires: ~//~~ ,~t~0~
DEED OF VACATION
THIS DEED OF VACATION, made this day of
1999, by and between the TOWN OF LEESBURG~ VIRGINIA, a
municipal corporation (hereinafter referred to as "Town") and
WASHINGTON-VIRGINIA TRADITIONAL DEVELOPMENT
SITES~ INC., a Virginia Corporation (hereinafter referred to as ("Owner"),
provides:
WHEREAS, the Owner is owner and proprietor of certain real
property (the Property) as shown on two plats, both dated March 26, 1997,
the first titled "Plat Showing 15' Waterline Easement Across Lot 7, Block 5,
Meadow Brook Farm Estates", and the second titled "Plat Showing 15'
Waterline Easement Across Lot 1, Block 6 and part of Tract "B" Meadow
Brook Farm Estates", prepared by Chamberlin, Wolford and Chen, P.C., of
Leesburg, Virginia, certified land surveyors, which Plats are attached hereto
and made a part hereof. The Property is situate in the Town of Leesburg,
Loudoun County, Virginia, Owner having acquired the Property by deed
recorded in Deed Book 780 at Page 732, among the land records of Loudoun
County, Virginia, and
WHEREAS, by Deed of Easement recorded in Deed Book 1499 at
Page 1752 among the aforesaid land records Owner conveyed to the Town
the above referenced easements for the purpose of installing a waterline, as
further described therein, and
WHEREAS, the aforesaid Deed of Easement provided that the
easements granted therein "shall be vacated by the Town of Leesburg at
such time as an alternative means of providing public water to the
elementary school site in conformance with Town standards is provided by
others at no expense to the Town, such improvements are accepted by the
Town, and upon recordation of a deed of easement for such alternative
location in a form approved by the Town Attorney", and
WHEREAS, the conditions for the easement vacation have been met
in that an alternative route for providing public water to the elementary
school in conformance with Town standards was approved by the Town, a
waterline was constructed by Owner within that alternative location at no
expense to the Town, said waterline was accepted by the Town, and a Deed
of Easement for said alternative location was approved by the Town
Attorney and recorded in Deed Book 1522 at Page 1381 among the aforesaid
land records,
NOW THEREFORE, for and in consideration of the sum of TEN
DOLLARS ($10.00) in hand paid, the receipt of which is hereby
acknowledged by the Town, by this instrument the Town does hereby
surrender, release, vacate and quitclaim unto Owner, its successors and
assigns, the waterline easements shown on the plats attached hereto.
This Deed of Vacation is made in accordance with the statutes made
and provided in such cases and is with the approval of the proper authorities
of the Town of Leesburg, Virginia.
WITNESS the following signature and seal:
TOWN OF LEESBURG, VIRGINIA
Approved as to legal form:
Deputy Town Attorney
By:-- ~~ ~. ~'~: -
Jaines E. Clem, Mayor
(Seal)
COMMONWEALTH OF VIRGINIA,
COUNTY OF LOUDOUN, to-wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid,
do hereby certify that James E. Clem, whOse name is signed to the
foregoing Deed of Vacation, appeared before me and personally
acknowledged the same in my jurisdiction aforesaid.
Given under my hand and seal this /c~/~day of /~ , 1999.
Notary Public
My Commission Expires: ~tgO~.~
I