HomeMy Public PortalAbout2016_11_15_R144 Enchroachment Maintenance Agreement for Crescent Place POA .
The Town of
Leesburg,
Ve
rginia PRESENTED: November 15, 2016
RESOLUTION NO. 2016-144 ADOPTED: November 15, 2016
A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE AN
ENCROACHMENT/MAINTENANCE AGREEMENT BETWEEN
THE TOWN OF LEESBURG, VIRGINIA AND LEESBURG
BUILDING PARTNERS, LLC, AND CRESCENT PLACE
PROPERTY OWNERS ASSOCIATION TO ALLOW STRUCTURES
AND LANDSCAPING TO ENCROACH UPON TOWN RIGHT-OF-
WAY
WHEREAS, the Town of Leesburg, Virginia("Town") has general maintenance and
upkeep responsibility for Harrison Street, SE, and the property abutting Harrison Street, SE,
identified as parcel number 231-18-737000 (tax map number/48/A13/////2B); and
WHEREAS, Leesburg Building Partners, LLC ("LBP") has general maintenance and
upkeep responsibility for two adjacent parcels identified as parcels numbered 231-18-9811000
(tax map number/48/K20P1///L/) and 231-18-9688000 (tax map number/48/K20P1///D/); and
WHEREAS, the developer of Crescent Place, Leesburg Acquisition Partners, LLC
("Developer") has constructed, installed and/or placed certain structures and improvements,
including a retaining wall, ramp, safety railing, stairs and landscaping within the right-of-way
on Harrison Street, SE, and adjacent property owned by the Town and LBP; and
WHEREAS, the Crescent Place Property Owners Association("Association") was
established and is aware that the Developer constructed, installed an/or placed certain
structures and improvements that encroach upon Town and LBP property; and
WHEREAS, the Association's Declaration of Crescent Place entered into on May 1,
2015 allows for the Developer to enter into shared maintenance agreements; and
WHEREAS, ordinarily, the Town prohibits structures from being constructed within
Town right-of-way; and
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A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE AN
ENCROACHMENT/MAINTENANCE AGREEMENT BETWEEN
THE TOWN OF LEESBURG, VIRGINA AND LEESBURG
BUILDING PARTNERS, LLC, AND CRESCENTPLACE
PROPERTY OWNERS ASSOCIATION TO ALLOW STRUCTURES
AND LANDSCAPING TO ENCROACH UPON TOWN RIGHT-OF-
WAY
WHEREAS, in order to allow the structures and improvements to encroach upon Town
right-of-way and LBP's property, an encroachment agreement can be entered into by the
Town, LBP and the Association; and
WHEREAS, the Association has been notified that in the event the Town performs
capital improvements, the Association shall remove its property and/or any items constructed
within the right-of-way at no cost to the Town, and this understanding is memorialized within
the Encroachment/Maintenance Agreement.
THEREFORE, RESOLVED, the Council of the Town of Leesburg in Virginia
authorizes the Mayor to execute an Encroachment/Maintenance Agreement between the Town
of Leesburg, Virginia and Leesburg Building Partners, LLC, and Crescent Place Property
Owners Association in a form approved by the Town Attorney.
PASSED this 15th day of November, 2016.
ji
David S. Butler, Mayor
Town of Leesburg
ATT"•T
Clerk of Cou_ .
P:Utesolutions\2016\1115 Crescent Place Encroachment Agreement.docx