HomeMy Public PortalAbout2015_04_14_R045 Encroachment Agreement to Cross DVP Easement at W and OD The Town of
Leesburg,
Virginia PRESENTED April 14, 2015
RESOLUTION NO. 2015-045 ADOPTED April 14, 2015
A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT
AGREEMENT BETWEEN THE TOWN OF LEESBURG, PANDA
STONEWALL,LLC,AND DOMINION VIRGINIA POWER("DVP") TO
ALLOW A RECLAIMED WATER LINE TO CROSS DVP'S EASEMENT
ALONG THE W&OD TRAIL
WHEREAS, Green Energy Partners/Panda Stonewall LLC ("GEP")project will need to
cross a Dominion Virginia Power("DVP") electric transmission easement; and
WHEREAS, the GEP project is for the construction of a reclaimed water line, which line is
also known as the"purple line", to serve the GEP Clean Energy Power Plant; and
WHEREAS, once constructed by GEP,the reclaimed water line ("purple line")will be
owned, operated and maintained by the Town of Leesburg("Town"); and
WHEREAS, a portion of the designated route for the purple line will cross the Washington
and Old Dominion Trail("W&OD Trail")which is owned and operated by the Northern Virginia
Regional Park Authority("NVRPA"), and
WHEREAS,DVP owns an easement along and over the W&OD Trail; and
WHEREAS, Resolution No, 2014-037 authorized the execution of a License Agreement
between the Town, GEP and the NVRPA to allow for the construction, operation and maintenance
of the reclaimed water line("purple line")under a portion of the W&OD Trail; and
WHEREAS, Resolution No. 2014-046 authorized the execution of an Encroachment
Agreement to allow the reclaimed water line ("purple line")to cross DVP's easement along the
W&OD Trail; and
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A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT
AGREEMENT BETWEEN THE TOWN OF LEESBURG, PANDA
STONEWALL, LLC,AND DOMINION VIRGINIA POWER("DVP") TO
ALLOW A RECLAIMED WATER LINE TO CROSS DVP'S EASEMENT
ALONG THE W&OD TRAIL
WHEREAS,the encroachment agreement specified that if the physical installation of the
encroachment does not begin within one (1) year of the date of the execution of the Agreement then
the Agreement becomes invalid; and
WHEREAS, construction of the purple line by GEP did not commence within the one (1)
year period as specified in the Encroachment Agreement; and
WHEREAS,the parties now wish to enter into a new Agreement to extend the time for GEP
to begin construction of the reclaimed water line ("purple line")to cross DVP's easement along the
W&OD Trail; and
WHEREAS,the Town Attorney has reviewed the encroachment agreement; and
WHERAS,the principals of Panda Stonewell, LLC have approved the encroachment
agreement and will pay any fees; and
WHEREAS, construction of the reclaimed("purple")water line will benefit the residents of
Leesburg.
THEREFORE, RESOLVED,by the Council of the Town of Leesburg in Virginia that the
Mayor is authorized to execute the encroachment agreement and any future extension agreements
with DVP and Panda Stonewall for the reclaimed water line so long as the Town Attorney approves
the agreement(s).
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A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT
AGREEMENT BETWEEN THE TOWN OF LEESBURG,PANDA
STONEWALL, LLC, AND DOMINION VIRGINIA POWER("DVP") TO
ALLOW A RECLAIMED WATER LINE TO CROSS DVP'S EASEMENT
ALONG THE W&OD TRAIL
PASSED this 14th day of April, 2015.
Ls jint,„- 1111r11.. Zifrn■
vinkt-C. Umstattd, Mayor
Town of Leesburg
• TT ' T. 7Th)
Clerk of Co .fib
P:\Resolutions\2015\0414 Encroachment Agreement Reclaimed Waterline Across DVP Easement at W and OD.doc