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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 -2- 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