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HomeMy Public PortalAbout2006_01_24_r016The Town of Leesburg, Virginia RESOLUTION NO. 2006-16 PRESENTED: January_ 24, 2006 ADOPTED: January_ 24, 2006 A RESOLUTION: AUTHORIZING THE EXTENSION OF SEWER TO SERVE THE APPROXIMATELY 32 ACRE PROPERTY KNOWN AS PARCEL IA, CBRE HOLDING COMPANY SUBDIVISION WHEREAS, the Town recently received a formal request from Fricols, LC, the owner of the referenced property, for extension of sewer to the property situated near Cochran Mill Road east of the corporate limits; and WHEREAS, the aforementioned parcel includes approximately thirty-two acres and will be used for relocation of Blake Landscape's corporate offices and operations from their Sycolin Road location and other uses as permitted by law; and WHEREAS, the property is located in the County-Town Joint Land Management Area designated for future utility service by the Town and is within the Lower Sycolin Creek Sewer service area as established by Leesburg's 1987 Water and Sewer Master Plan; and WHEREAS, sanitary sewer service will be provided by the Town of Leesburg to serve the proposed uses as described above by a privately owned and maintained pumping station and force main, until such time as the Lower Sycolin Creek Sewer conveyance system is constructed by the Town and available for connection. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: RESOLUTION: -2- AUTHORIZING THE EXTENSION OF SEWER TO SERVE THE APPROXIMATELY 32 ACRE PROPERTY KNOWN AS PARCEL lA, CBRE HOLDING COMPANY SUBDIVISION SECTION I. Town Council hereby approves extension of a privately owned and operated sewer system to discharge to the municipal sewer services to serve the approximately 32 acre property owned by Fricols, LC for purposes as described herein and subject to the following conditions as set forth by the applicant in its December 29, 2005 proposal: 1. That it will abandon use of the temporary pump station and force main and connect sanitary sewer facilities on Parcel 1-A to the Town's gravity sewer system when constructed in the Lower Sycolin Sewer Service Area. 2. That, prior to connection to the Town's sewer system of the temporary pump station and force main serving Parcel l-A, it will provide a $50,000 bank letter of credit the terms of which will guarantee the ultimate abandonment of the temporary pump station and force main and connection of Parcel 1-A to the Town's gravity sewer system when it is constructed and is available for connection in the Lower Sycolin Sewer Service Area. Once this provision is satisfactorily completed at no cost to the Town, the bank letter of credit will be released by the Town. 3. That prior to connection of the temporary pump station and force main serving Parcel 1-A to the Town's sewer system, Fricols, LC, will cause a permanent deed restriction to be recorded and apply to Parcel 1-A generally as follows, subject to review and approval by the Town Attorney: "If extension of sanitary sewer service via a privately constructed and privately maintained pump station and force main from Parcel l-A, CBRE Holding Company Subdivision, to the sewer system of the Town of Leesburg is approved by the Town Council of the Town of Leesburg, no electric power generation facility distributing electric power beyond the boundaries of the said parcel shall be constructed or operated within the boundaries of Parcel l-A, CBRE Holding Company Subdivision, or any portion of a subdivision thereof." 4. That it will be fully responsible for all costs of the design, construction and maintenance of the temporary pump station and force main. 5. That the temporary pump station and force main will be designed, constructed and maintained in full compliance with standards of the Dulles Watershed Policy for Class I reliability and be approved by the Department of Environmental Quality. -3- RESOLUTION: AUTHORIZING THE EXTENSION OF SEWER TO SERVE THE APPROXIMATELY 32 ACRE PROPERTY KNOWN AS PARCEL lA, CBRE HOLDING COMPANY SUBDIVISION 6. That the connection of improvements to Parcel 1-A will be subject to the Town's policies and procedures with respect to availability fees, pro-rata fees and service charges. SECTION II. The cost of construction of the necessary utility infrastructure to connect with the Town's sewer system will be born by the Fricols, LC, "Property Owner". SECTION III. Nothing herein shall be deemed to be a holding out by the Town as the sole sewer service provider outside its boundaries in this vicinity nor shall it operate as a commitment to provide such services to any property other than that of the Property Owner or for any purpose other than the purposes stated herein. SECTION IV. This authorization is not subject to the Boundary Line Adjustment process, as it is not contiguous to the Town. The property will remain in the County, until such time as annexation may occur, and will be subject to out-of-Town rates. PASSED this 24th day of January_ 2006. I~i~t~n Umst~attd, Ma~6~ ~ Town of Leesburg ATTEST: lerk of Council CBREsubstitute