HomeMy Public PortalAbout2009_05_27_R056 - Settlement Agreement Virginia Power Lines
The Town of
Leesburg,
Virginia
PRESENTED May 27, 2009
RESOLUTION NO. 2009-056
ADOPTED
May 27, 2009
A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A
SETTLEMENT AGREEMENT WITH RESPECT TO THE
IMPLEMENTATION OF THE SCC'S ORDER PUE 2005-00018
REGARDING THE CONSTRUCTION OF THE POWER LINES IN
THE TOWN OF LEESBURG
WHEREAS, on February 15,2008, the State Corporation Commission (the "SCC")
authorized Dominion to construct a 230 kV transmission line originating at Dominion's Pleasant
View substation and traversing a twelve mile route, running in part through the Town and ending
at a substation that will be built in Loudoun County, Virginia near the Town of Purcellville (the
"Transmission Line); and
WHEREAS, the Town pursued all legal remedies at its disposal to prevent the
construction of the transmission line in the Town; and
WHEREAS, the Town continues to pursue all remedies that will minimize the impact of
the transmission line including the relocation of poles, the protection of buffers, the
compensation for encroachments, easements and other damages; and
WHEREAS, the Town is required by the SCC to acknowledge that Dominion is allowed
to construct the Transmission Line at the locations as specified below in accordance with the
terms as set forth in the attached settlement agreement and as required by the SCC order; and
WHEREAS, in order to construct the Transmission Line, it is necessary for Dominion to
cross certain parcels either owned by the Town or in which the Town has an interest; and
WHEREAS, the parcels owned by the Town over which the Transmission
Line shall traverse are described as follows:
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A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A
SETTLEMENT AGREEMENT WITH RESPECT TO THE
IMPLEMENTATION OF THE SCC'S ORDER PUE 2005-00018
REGARDING THE CONSTRUCTION OF THE POWER LINES IN
THE TOWN OF LEESBURG
a) Loudoun County Parcel Identification Number 149-35-8258, as further described as
that parcel located on 1393 East Main Street, Leesburg, Virginia (the "Main Street
Parcel"); and
b) Loudoun County Parcel Identification Number 189-26-8207, as further described as
that parcel located at the southeast side ofthe Leesburg Bypass (U.S. Route 15 and
Virginia Route 7 (the "Bypass Parcel");
WHEREAS, the Town has a leasehold interest in that certain parcel owned by
Failmezger Investments, LLC over which the Transmission Line shall traverse as further
described as Parcel Identification Number 232-37-3721,850 Davis Court SE, Leesburg, VA,
a/k/a The Olde Izaak Walton Park (the "Park Parcel"); and
WHEREAS, the Town is the holder of certain utility easements across, over, and under
certain other parcels in the Town over which the Transmission Line shall traverse (the "Town
Easement Encroachments"), (The Main Street Parcel, the Bypass Parcel, the Park Parcel and the
Town Easement Encroachments shall hereinafter collectively be referred to as the "Parcels");
and
WHEREAS, the Town has determined that there are no legal remedies available to
prevent the implementation of the SCC order and is required to enter into an agreement that best
serves and compensates the Town for the damages it will incur in this matter; and
WHEREAS, at the conclusion of months of negotiation with the Town, Dominion has
agreed to compensate the Town in the amount of $2,027,300.00.
THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg in Virginia
that the Town Manager is authorized to execute the settlement agreement (attachment A) as
directed by the Town Council.
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A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A
SETTLEMENT AGREEMENT WITH RESPECT TO THE
IMPLEMENTATION OF THE SCC'S ORDER PUE 2005-00018
REGARDING THE CONSTRUCTION OF THE POWER LINES IN
THE TOWN OF LEES BURG
BE IT FURTHER RESOLVED that the authorization to execute the agreement will
remain valid as long as the attached exhibits to the agreement reflect the description in the
agreement and the intent of the parties.
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. en C. mstattd, Mayor