HomeMy Public PortalAbout2022_02_22_R027 Utility Easement Encroachment Agreement - River Creek Owners' Association The Town of
Leesburg,
Virginia PRESENTED: February 22, 2022
RESOLUTION NO. 2022-027 ADOPTED: February 22, 2022
A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE A UTILITY
EASEMENT ENCROACHMENT AGREEMENT BETWEEN THE
TOWN OF LEESBURG, VIRGINIA AND RIVER CREEK
OWNERS' ASSOCIATION
WHEREAS, the River Creek Owners' Association is the owner of certain real property
identified as Loudoun County PIN No. 111492103 (the "Property"), having acquired the
Property by deed recorded as Instrument No. 20111221-0080281 among the Land Records; and
WHEREAS, the Association caused a brick paver installation project to be constructed,
installed, or placed within the utility easements and seeks to allow encroachments to be
maintained in their current form and location; and
WHEREAS, the existence of the brick paving where presently located within the utility
easements interferes with the Town's use of the utility easements by creating an impediment to
accessing Town utility facilities within such utility easements; and
WHEREAS, the brick paving has been installed such that certain Town-owned meter
boxes are not at the same grade as the paving, which may over time result in damage to such
meter boxes and related Town utility infrastructure; and
WHEREAS, the brick paving may be used by third parties which may result in damage
to the Town utility infrastructure and pose risks to persons or property; and
WHEREAS, the Town is willing to permit the encroachments to remain in their current
location upon the terms and conditions outlined in the encroachment agreement; and
WHEREAS, Town staff has negotiated a proposed encroachment agreement, which
seeks to set forth the rights, obligations, and liabilities of the Parties with respect to the
-2-
A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE A UTILITY
EASEMENT ENCROACHMENT AGREEMENT BETWEEN THE
TOWN OF LEESBURG, VIRGINIA AND RIVER CREEK
OWNERS' ASSOCIATION
Encroachments, and to set forth the terms and conditions upon which the Association will be
permitted to encroach upon the Utility Easements.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. The Mayor is hereby authorized to execute the proposed encroachment agreement in
a form to be approved by the Town Attorney.
2. The Mayor,the Town Manager, and the Town Attorney are hereby authorized to take
such actions and execute such additional documents as may be necessary and desirable
to effectuate this Resolution.
PASSED this 22nd day of February, 2022.
Kelly urk, ' ryor
Town of Leesburg
ATTEST:
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Clerk of Council