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HomeMy Public PortalAbout2016_01_12_R006 Easements for Crescent Place Harrison St Road Improvements The Town of Leesburg, Virginia PRESENTED January 12,2016 RESOLUTION NO. 2016-006 ADOPTED January 12,2016 A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS AND AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR CRESCENT PLACE HARRISON STREET ROADWAY IMPROVEMENTS WHEREAS,the Council of the Town of Leesburg finds and determines that it is necessary for the construction of street improvements adjacent to and through real property further set forth below, and for all other purposes incidental thereto,to acquire permanent and temporary easements from the below listed property; and WHEREAS,the Council further finds and determines that a public necessity and use exist to improve safety,health and welfare of the public for the acquisition of the permanent and temporary easements for such aforesaid public uses and purposes; and WHEREAS,the Town of Leesburg is empowered by Virginia Code Sections 15.2-1800 through 15.2-1814, 15.2-1901 through 15.2-1907, and 33.2-1014 to acquire by purchase or eminent domain private property for the purpose of carrying out its powers and duties; and WHEREAS,the Town of Leesburg in Virginia desires to acquire by purchase or eminent domain certain permanent and temporary easements over real property further set forth below located in the Town of Leesburg and certifies that the acquisition has been reviewed for purposes of complying with Section 1-219.1, Code of Virginia, as amended; and WHEREAS,the Council wishes to authorize the Town Manager, Town Attorney, Director of Public Works and Capital Projects, and their outside counsel to proceed with the acquisition of the permanent and temporary easements; and WHEREAS,the permanent and temporary easements are shown on the construction plans -2 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR CRESCENT PLACE HARRISON STREET ROADWAY IMPROVEMENTS and profiles titled"Crescent Place Harrison Street Roadway Improvements",prepared by Bowman Consulting, of Leesburg,Virginia; and WHEREAS,the property identification number for the real property necessary for the acquisition of the permanent and temporary easements are listed below: Property Identification Number(PIN) 231-18-5606-000 THEREFORE,RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council of Leesburg, Virginia hereby finds and determines that a public necessity and use exists to acquire the necessary land rights for the construction of the Crescent Place Harrison Street Roadway Improvements as part of the Crescent Place 1, 2 & 3 project adjacent to and through real property listed above. SECTION II. That the Town Manager, Town Attorney, Director of Public Works and Capital Projects, and their outside counsel be, and hereby are, authorized and directed to negotiate with and execute on behalf of the Town deed(s)to acquire the necessary permanent and temporary easements over the land aforesaid from the property owners,their successors and assigns, in the location deemed appropriate by the Department of Plan Review, at a price reasonably related in their judgment to the fair market value of the permanent and temporary easements, and on such terms and conditions as they deem advantageous to the Town, in a form approvable by the Town Attorney. SECTION III. That funding for the dedication and/or purchase by agreement and the - 3 - A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY AND USE EXISTS, AUTHORIZING AN OFFER TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS FOR CRESCENT PLACE HARRISON STREET ROADWAY IMPROVEMENTS expenditure of such funds for the said permanent and temporary easements and all other acquisition costs, be, and hereby is, authorized and approved. SECTION IV. That the Town Manager, Town Attorney, Director of Public Works and Capital Projects, and their outside counsel be, and hereby are, authorized and directed to take such additional actions as may be necessary or convenient to accomplish the acquisition of the permanent and temporary easements as required by this resolution. SECTION V. That the Clerk of Council be, and hereby is, authorized and directed to affix the seal of the Town to such documents as may be necessary or convenient to accomplish the acquisition of the permanent and temporary easements as required by this resolution. PASSED this 12th day of January, 2016. yl � Y B icor Town of Leesburg A"cTE$T: r1 7 LiL Clerk of Council° P:\Resolutions\2016\0112 Crescent Place Harrison Street Roadway Improvements-Easement Acquisition Authorization(2).doc RECORDATION COVER SHEET TYPE OF INSTRUMENT: DEED OF EASEMENTS AND SUBORDINATION DATE OF INSTRUMENT: 9131‘1 u f R)( 2016. NAMES OF GRANTORS: 1) VIRGINIA VILLAGE IL L.C. 2) GARY R. SHOOK,TRUSTEE 3) KATHRYN L. KEARNS, TRUSTEE 4) JEFFREY H. CULVER.TRUSTEE NAME OF GRANTEE: 1) TOWN OF LEESBURG. VIRGINIA COUNTY WHERE PROPERTY LOCATED: LOUDOUN COUNTY, VIRGINIA BRIEF DESCRIPTION OF PROPERTY: OURS LAND TRUST DIV. L.1 INSTRUMENT NUMBER WHERE PROPERTY ACQUIRED: 20091130-0079094 PLAT ATTACHED: PLAT NUMBER 5371-C-RP-002 TOWN APPLICATION NUMBER: TLES 2015-0031 TAX MAP IDENTIFICATION NO.: /48/K16/////1/ PARCEL IDENTIFICATION NO: 231-18-5606 THIS INSTRUMENT PREPARED BY: ANDREW A.PAINTER, VSB#75276 RETURN TO: 1 EAST MARKET STREET, SUITE 300 LEESBURG, VIRGINIA 20176 {L0232234.DOCX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031 006797 000007) Draft December 22,2015 Revised January 7,2016 DEED OF EASEMENTS AND SUBORDINATION TM THIS DEED OF EASEMENTS AND SUBORDINATION (the "Deed") is made this /o� day of AM(My , 2016, by and between VIRGINIA VILLAGE II. L.C., a Virginia limited liability company, (hereinafter referred to as "Owner"); GARY R. SHOOK, TRUSTEE, KATHRYN L.KEARNS,TRUSTEE,and JEFFREY H. CULVER,TRUSTEE, any one of whom may act (hereinafter referred to as "Trustees"); MIDDLEBURG BANK, a Virginia state-chartered financial institution (hereinafter referred to as "Beneficiary") and the TOWN OF LEESBURG, VIRGINIA, a municipal corporation (hereinafter referred to as "Town"). WITNESSETH: WHEREAS,the Owner is the owner and proprietor of certain real property as shown on plat number 5371-C-RP-002, dated August 10, 2014, and revised through December 21, 2015, entitled "PLAT SHOWING DEDICATION OF STORM DRAIN, TRAIL AND TEMPORARY CONSTRUCTION EASEMENTS ON OURS LAND TRUST LOT 1", prepared by Bowman Consulting Group,Ltd. (the "Plat")which Plat is attached hereto and made a part hereof;and WHEREAS, the Owner is the owner and proprietor of certain real property identified on the Plat as LOT 1 (the"Property"); and WHEREAS, it is the desire and intent of Owner to grant and convey unto the Town the easements in the locations as shown on the Plat as hereinafter provided; and WHEREAS, it is the desire and intent of Owner to reserve the right of access over and across the Property to connect to a roadway entrance to Harrison Street; and WHEREAS, the Property is situate in the Town; Owner having acquired the Property by deed recorded as Instrument Numbers 20091130-0079094, among the land records of Loudoun County,Virginia(the"Land Records"); and WHEREAS, the Property is subject to the lien of a certain Deed of Trust dated June 25, 2014 and recorded as Instrument Number 20140630-0035197, among the Land Record (the "Deed of Trust"), wherein the Property was conveyed unto the Trustees, in trust to secure a certain indebtedness,as more particularly set forth therein. TOWN EASEMENTS NOW THEREFORE, that for and in consideration of the premises and the sum of One Dollar($1.00), cash in hand paid,the receipt and sufficiency of which are hereby acknowledged, the Owner does hereby grant and convey unto the Town, its successors and assigns, the following easements as herein set forth in the respective locations as more particularly bounded -2- (L0232234.DOCX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031006797 0000071 and described on the Plat: A. Storm Drainage Easement. Easement for the purpose of installing, constructing, operating, maintaining, repairing, replacing, adding to, or altering present or future storm drainage ditches, lines, or other drainage structures and facilities, plus necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission, said easement area being more particularly bounded and described on the Plat, as "STORM DRAIN EASEMENT". The above described storm drainage easement is subject to the following conditions: 1. All drainage lines and appurtenant facilities that are installed in the easement area shall be and remain the property of the Town, its successors and assigns. 2. The Town and its agents shall have full and free use of said easement area for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the rights granted in the easements including the right of access to and from the easement area and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance, and further, this right shall not be construed to allow the Town to erect any building or structure of a permanent nature on such adjoining land. 3. The Town shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easement area being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said storm drainage facilities, and appurtenant facilities; provided, however, that the Town, at its own expense shall restore as appropriate for the easement use, all land or premises which are disturbed in any manner by the installation, construction, operation, and maintenance of said storm drainage lines and appurtenant facilities. Such restoration shall include the backfilling of trenches,the replacement of shrubbery,the reseeding or resodding of lawns or pasture areas, and the replacement of structures as appropriate outside the easement area. 4. Owner reserves the right to make use of the easement area herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easement area by the Town for the purposes named; provided, however, that the Owner shall comply with all applicable Town ordinances and regulations prior to placing any building, roadway,or other structure,or fence, in the easement area. B. Temporary Construction Easement. Easement for the purpose of necessary construction and grading, said easement being more particularly bounded and described on the Plat as "TEMPORARY CONSTRUCTION EASEMENT". This temporary construction easement shall automatically become null and void at such time as construction is complete and the work is accepted by the Town. -3- {L0232234.DOCX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031006797 000007} The above-described easement is subject to the following conditions: 1. All appurtenant facilities which are installed in the easement areas shall be and remain the property of the Town, its successors and assigns. 2. The Town, its agents and assigns, shall have full and free use of said easement areas for the purposes named,and shall have all rights and privileges reasonably necessary to the exercise of the rights granted by the easements including the right of access to and from the easements and the right to use adjoining land were necessary; provided, however, that this right to use adjoining land shall be exercise only during periods of actual construction or grading,and then only to the minimum extent necessary for such construction and grading, and further, this right shall not be construed to allow the Town to erect any building or structure of a permanent nature on such adjoining land. 3. The Town shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easement areas being conveyed, deemed by it to interfere with the proper and efficient construction and grading; provided, however, that the Town, at its own expense, shall restore as it deems appropriate for easement use, all land or premises which are disturbed in any manner by the construction and grading. Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities as appropriate located outside the easement areas. 4. The Owner reserves the right to make use of the easements, herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easement areas by the Town for the purposes named: provided, however,the owner shall comply with all applicable Town ordinance and regulations prior to placing any building, roadway, other structure,or fence with in the easement areas. C. Trail Easement. Easement for the purpose of constructing, using, and maintaining a public trail, for use by the public, said easement being more particularly bounded and described on the Plat as "TRAIL EASEMENT." Said easement area is to be used exclusively for trail use; notwithstanding; the Town shall have the right to use the easement for emergency ingress and egress,and other emergency purposes in its discretion, in order to provide and maintain the public safety. The above-described trail easement is subject to the following conditions: 1. The trail shall be constructed according to the plans approved by the Town and in compliance with all applicable laws and regulations, including but not limited to the Leesburg Design and Construction Standards Manual. All trails and appurtenant facilities installed in the easement areas shall be and remain the property of the Town, its successors and assigns, and shall be for the use by the public. The construction of the trail shall not be the responsibility of the Town. -4- {L0232234.DOCX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031 006797 000007) 2. The Town, its authorized agents and employees, shall have the right but not the obligation to enter upon the easement to inspect, repair, replace and maintain the easement areas whenever the Town deems it reasonably necessary. 3. The Town and its agent or assigns shall have full and free use of said easement for the purposes named and shall have all rights and privileged necessary to exercise the rights granted in the easement including but not limited to the right of access to and from the easement and the right to use adjoining land where necessary; and further,this right shall not be construed to allow the Town to erect any building or structure of a permanent nature on such adjoining lands. 4. The Owner, its successors and assigns, including but not limited to the fee title owner of the property on which a trail easement is located, shall not alter the trail or appurtenant facilities without prior written approval of the Town. The Owner, its successors and assigns, shall submit a written request to the Town of Leesburg Department of Engineering and Public Works for approval of any alteration to the easement area. FUTURE ROADWAY ACCESS TO HARRISON STREET THIS DEED FURTHER WITNESSETH, the Owner shall have the right to locate, at its sole cost and expense, a future roadway entrance to provide the Property with access to Harrison Street, subject to any applicable governmental ordinances and requirements. CONVEYANCE OF FACILITIES THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Owner grants and conveys, in fee simple, to the Town all appurtenances and facilities located within the above-described areas which are conveyed to the Town. TRUSTEES SUBORDINATION THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Trustees, as authorized to act by the Beneficiary, as shown by its execution hereto, does hereby subordinate the said Deed of Trust lien to the easements herein conveyed. SUCCESSORS AND ASSIGNS BOUND UNLESS OTHERWISE INDICATED HEREIN, the easements granted herein shall be perpetual and shall run with the land, and shall be binding upon the Owner, its successors and/or assigns and shall inure to the benefit of the Town, its successors and assigns. -5- (L0232234.D0CX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031 006797 000007) STATUTORY COMPLIANCE This Deed is made in accordance with the statutes made and provided in such cases;with the approval of the proper authorities of Town, as shown by the signatures affixed to this Deed, and is with the free consent and in accordance with the desire of Owner, the owner and proprietor of the land depicted on the Plat and the Trustees,as aforesaid. IN WITNESS WHEREOF, the parties hereto have caused this Deed to be executed, under seal. FURTHER WITNESSETH the following signatures and seals: [SIGNATURE PAGES FOLLOW THIS PAGE] -6- (L0232234.DOCX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031006797 000007) OWNER: VIRGINIA VILLAGE II,L.C, a Virginia limited liability company By: '4/ue=,c f cam-.- (SEAL) Name: 13r,Qi4 J'. 0a rs Title: IV a444 q el"- COMMONWEALTH rCOMMONWEALTH OF VIRGINIA COUNTY/> OF Vaw./,kt v+v' ,to wit: Ithe undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that g+i.V+ c• v,t,a L , as i'VieA,,c..\c-J of Virginia Village II, L.C., whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this 2 day of ( N\Al'"t, ,2016. \o Notar b is I My commission expires: l\ " .'))'c, . 2'lb Notary Registration No.: \.'2- '1 0 -7- {L0232234.DOCX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031 006797 000007) TRUSTEES,either of whom may act By: /v (SEAL) JEFFREY H. CULVER, TRUSTEE OR By: )rti/ (SEAL) KAR .-KEARNS, USTEE OR By: N�14 (SEAL) • GARY R. SHOOK,TRUSTEE COMMONWEALTH OF VIRGINIA, COUNTY/CITY OF uJly\Ot-xl ,to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that 1114ch c‘ L. V Pte,,-r,5 , Trustee, whose name is signed to the foregoing Deed,appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this day of ,brf.r."1 ,2016. Nota Pu lic AUCIA ANN GREEN-FINNEGAN My commission expires: DA, aoke1 Notary Public CommoRMtsawi of Virginia Notary Registration No.: 1 Cameyp�f�o Feb 26,2019 -8- {L0232234.DOCX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031 006797 000007) BENEFICIARY: MIDDLEBURG BANK,a Virginia state-chartered financial institution By: (SEAL) Name: (1A.4 12.v161i Title: Yitu. �IllwHaq(Gnw&ki1 COMMONWEALTH OF VIRGINIA, COUNTY/CITY OF [ ,to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that C YV as VPS GrCth4 m rx l of Middleburg Bank, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this G}nday of Ce,.tjrc).c-j ,2016. r Notary ublic AUCIA ANN GREEN•f1NNEGAN � - 1 p Notary Public My commission expires: 1 oi�+ 1 CommoirobMMi of Virginia _ 71$5111 Notary Registration No.: `l 1 t r ati ahNnn Extras Fob 29_2019 • -9- {L0232234.DOCX/3 Deed of Easements and Subordination offsite Virginia Village Crescent Place TLES 2015-0031 006797 000007} THESE CONVEYANCES ARE HEREBY ACCEPTED ON BEHALF OF THE TOWN OF LEESBURG,VIRGINIA APPROVED AS TO FORM: THE TOWN OF LEESBURG 0By: (SEAL) Barbar Notar DiWM) S. OVTt- ,Mayor Town Attorney COMMONWEALTH OF VIRGINIA COUNTY OF LOUDOUN,to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that DtW 5 . & I Cr as Mayor of the Town of Leesburg, Virginia, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. E GIVEN under my hand and seal this I �� day of I ZbrUa rJ� ,2016. 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