HomeMy Public PortalAbout2020_12_08_R122 Utility Easement Encroachment with Loudoun County and DC Sports Facilities Entertainment, LLC The Town of
Leesburg,
Virginia PRESENTED: December 8, 2020
RESOLUTION NO. 2020-122 ADOPTED: December 8, 2020
A RESOLUTION : AUTHORIZATION TO ENTER INTO UTILITY EASEMENT
ENCROACHMENT AGREEMENT WITH LOUDOUN
COUNTY AND DC SPORTS FACILITIES ENTERTAINMENT,
LLC
WHEREAS, the Board of Supervisors of Loudoun County, Virginia ("County") is the
owner and DC Sports Facilities Entertainment, LLC ("DCSFE") is the long-term tenant and
developer of certain real property as shown on Attachment 1 (the "Soccer Stadium Property"),
which property is located within Loudoun County (and, more specifically, within an area
designated by the County and the Town as the Joint Land Management Area), and served by
Town water and sewer utility service; and
WHEREAS, the County has granted certain utility easements to the Town to facilitate
the provision of water and sewer service to the Soccer Stadium Property ("Town Utility
Easements"); and
WHEREAS, DCSFE as tenant has submitted certain land development plans to the
County, and certain water and sewer utility development plans to the Town; and
WHEREAS, upon completion of the construction of the water and sewer utility
facilities in accordance with approved plans the water and sewer utility lines will be dedicated
to the Town and, thereafter, maintained, repaired, and replaced by the Town as necessary; and
WHEREAS, the location and configuration of electrical conduit lines as constructed on
the Property is inconsistent with the location and configuration of such electrical conduit lines
on approved development plans, and does not adequately address design factors required by
the Town Design and Construction Standards Manual; the as-built location and configuration
of the electrical conduit lines significantly increases the number of crossings between electrical
conduit lines and Town water lines and arranges those crossings in a manner that will heighten
the difficulty and the inherent risks of accessing the Town water lines, including personnel
safety risks; and this additional difficulty and danger in accessing the water lines for repair,
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A RESOLUTION: AUTHORIZATION TO ENTER INTO UTILITY EASEMENT
ENCROACHMENT AGREEMENT WITH LOUDOUN COUNTY
AND DC SPORTS FACILITIES ENTERTAINMENT, LLC
maintenance, or replacement is inconsistent with and interferes with the rights granted to the
Town under the Town Utility Easements; and
WHEREAS, the best interests of the Town will be served by entering into an
encroachment agreement with the County and DCSFE to define the rights and obligations of
the parties when access to Town water lines located on the Property is required.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. The Town Manager and the Town Attorney are hereby authorized to negotiate an
appropriate encroachment agreement among the Town and the County and DCSFE
("Owners") to address, at minimum, the following issues related to the Town Utility
Easements at the Soccer Stadium Property:
a. Measures to minimize any additional cost, risk, or liability to the Town as a result
of the as-built configuration of the electrical conduit on the property, over and
above that which would have been borne by the Town had the electrical conduit
been constructed with due consideration for Town design standards and in
accordance with approved plans;
b. Provision for each party to notify all other parties when such party is aware that
repair, maintenance, replacement, or other work on the Town water lines is
required;
c. Provision for DCSFE/County to provide notice to as any affected third-party
electrical carrier when work on the Town water lines is required; and
d. Cooperation and coordination among the parties to facilitate completion of any
necessary work on the water lines, to include the following responsibilities:
Owners or their designees will perform such excavation as is needed for timely
access to those water line(s); the Town or its designee will perform all necessary
maintenance, repair, or replacement of the water line infrastructure; and Owners
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A RESOLUTION: AUTHORIZATION TO ENTER INTO UTILITY EASEMENT
ENCROACHMENT AGREEMENT WITH LOUDOUN COUNTY
AND DC SPORTS FACILITIES ENTERTAINMENT, LLC
or their designees will perform all necessary backfilling and other restoration of
the property upon completion of the work.
2. The Town Manager is hereby authorized to execute such an agreement in a form to
be approved by the Town Attorney.
3. The Mayor, the Town Manager, and the Town Attorney are hereby authorized to
take such actions and execute such documents as are necessary and desirable to
effectuate this Resolution.
PASSED this 8th day of December, 2020.
ii . r _,,_x.
Kelly rk, 14 yor
Town of Leesburg
ATTEST:
c
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Resolutions\2020\1208 Utility Easement Encroachment Agreement with Loudoun County and DC
Sports Facilities Entertainment,LLC