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HomeMy Public PortalAbout1999_05_11_r130 Th.e To~vn o{ 1 .eesburg, '-, lrglnla 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