HomeMy Public PortalAbout2004_06_22_r101 Requesting VDOT Waiver for Old English CourtThe Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
2004-101
PRESENTED June 22, 2004
ADOPTED June 22, 2004
AUTHORIZING THE TOWN MANAGER TO REQUEST FROM THE
VIRGINIA DEPARTMENT OF TRANSPORTATION A WAIVER OF THE
MINIMUM REQUIRED RIGHT-OF-WAY NECESSARY TO RECEIVE
MAINTENANCE PAYMENTS FOR OLD ENGLISH COURT
WHEREAS, Section 33.1-41.1 of the 1950 Code of Virginia, as amended (§ 33.1-41.1) sets forth
the requirements for the Town of Leesburg to receive maintenance payments from the Commonwealth of
Vir~nia, Dopartmeat of Transportation, for urban public roads consUucted within the town; and
WHEREAS, § 33.1-41.1 (c) stipulates that a cul-de-sac must have an unrestricted fight-of-way at
least forty (40) feet wide; and
WHEREAS, Old English Court is a cul-de-sac road constructed by the developer of Georgetown
Mews, and is to be conveyed to the Town of Leesburg for operation and maimenance; and
WHEREAS, the developer of Georgetown Mews has caused retaining walls to be constructed
within the minimum required right-of-way contrary to the approved plans; and
WHEREAS, the Town Council of the Town of Leesburg does not wish to assume the cost of
maintaining, repairing, and replacing these walls in perpetuity and as an alternative would accept a
narrower right-of-way; and
WHEREAS, § 33.1-41.1 provides that the Commissioner may waive the requirements as to right-
of-way width for highways where the width modification is at the request of the local governing body and is
to accommodate s~ne special circumstance where such action would not compromise the health, safety, or
welfare of the public; and
WHEREAS, the Council of the Town of Leesburg has determined that such special circumstance
exists and that a right-of-way of thirty-eight (38) feet will not compromise the health, safety, or welfare of
the public.
A RESOLUTION:
-2-
AUTHORIZING THE TOWN MANAGER TO REQUEST FROM THE
VIRGINIA DEPARTMENT OF TRANSPORTATION A WAIVER OF
THE MINIMUM REQUIRED RIGHT-OF-WAY NECESSARY TO
RECEIVE MAINTENANCE PAYMENTS FOR OLD ENGLISH
COURT
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virgi~'nia as follows:
The Town Council hereby authorizes the Town Manager to request from the Commissioner,
pursuant to § 33.1-41.1, a waiver of thc minirrlum right-of-way req~ for Old English Court in the
Town of Leesburg. Such request shall stipulate:
1. Old English Court is a cul-de-sac.
2. Special circumstances exist which give rise to the request for a right-of-way less than forty
(40) f~t;
a. Ullplanned rt~inin.q walls in the right-of-way would create additional, future, and
perpetual expenses for the town;
b. Removal of the retaking walls would disrupt tranquility of the adjacent
landowners;
c. A right-of-way ofthirty~ight (38) feet will not compromise the h~alth, safety, or
welfare of the public.
A copy of this resolution shall be appended to the Town Manager's waiver request.
PASSED this 22~ day of June 2004.
ATTEST:
7/erk of Council
Town of I.~esburg
R:G~oTwnWalls