ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of April 18, 2015

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1 ARLIGTO COUTY, VIRGIIA County Board Agenda Item Meeting of April, 0 DATE: April, 0 SUBJECT: Ordinance to Vacate a Perpetual Easement Over, Across and Through Lots,,,, 0 and, Block, Preston s Addition to Aurora Heights, Property of th St., LLC (RPC# , , ), with Conditions. C. M. RECOMMEDATIO:. Enact the attached Ordinance to Vacate a Perpetual Easement Foot Wide and Approximately 0 Feet in Length, Running West to East, Over, Across and Through Lots,,,, 0 and, Block, Preston s Addition to Aurora Heights, Property of th St., LLC (RPC# , , ), with Conditions.. Authorize the Real Estate Bureau Chief, Department of Environmental Services, to execute, on behalf of the County Board, the Deed of Vacation and all documents necessary to effectuate the Ordinance of Vacation, subject to approval as to form by the County Attorney. ISSUES: The County Board approved a use permit for a Unified Residential Development ( URD ) on March, 0. Beaconcrest Homes (the Applicant ) has requested the vacation of a perpetual easement foot wide and approximately 0 feet in length (the Easement ) to enable the construction of four houses in the URD. There are no outstanding issues associated with the requested vacation. SUMMARY: On March, 0, the County Board approved use permit (U-0--) (the Use Permit ) for the URD consisting of four single-family dwellings on Lots through, Block, Preston s Addition to Aurora Heights (the Lots ). The proposed development will replace four older existing single-family homes. The Applicant requests the vacation of the Easement, which crosses the Lots from the western boundary line of Lot to the eastern boundary line of Lot. The Easement does not specify a purpose or use, but it abuts a retaining wall that is to be removed for the redevelopment. The retaining wall will be removed by the Applicant. The Easement must be vacated so that the four houses in the URD can be constructed. There are no existing public facilities in the Easement, and the abutting retaining wall will be removed for construction of the approved development, so the Applicant will not be County Manager: ##### County Attorney: *****. Staff: Maxine Cholmondeley, Real Estate Bureau, DES

2 required to relocate any utility services or dedicate any new easements in connection with the vacation of this Easement. The Easement is shown on the plat entitled Plat Showing Vacation of a Perpetual Easement, Lots Through Block, Preston s Addition to Aurora Heights, Deed Book, Page, Deed Book, PG, Arlington County Virginia, dated January, 0, prepared by James A. Madison (the Plat ), and attached hereto as Exhibit A. Upon enactment of the Ordinance of Vacation, satisfaction of the conditions contained therein, and recordation of the Deed of Vacation, the County s interest in the vacated Easement will be extinguished. BACKGROUD: The URD is located in the 00 block of th Street orth in Lyon Village. (See Vicinity Maps attached hereto as Exhibits B, C and D). Because the Easement runs through the Lots where the houses are to be constructed, the Applicant has requested enactment of an Ordinance of Vacation to vacate the Easement (the Ordinance ). DISCUSSIO: The Easement would prevent the Applicant from constructing the four singlefamily dwellings that are the subject of the URD permitted by the Use Permit. Vacation of the Easement is necessary in order for the URD to proceed. A copy of the proposed Ordinance is attached hereto as Attachment. Legal and Physical Description: The Easement that is the subject of this vacation request is depicted on the Plat attached hereto as Exhibit A. The Lots are located at 00, 0 and 0 th Street orth and are identified in the Arlington County Real Estate Records by RPC# , and The Easement was conveyed to the County Board by Deed of Easement, dated January,, recorded January, in Deed Book, at Page, among the land records of Arlington County, Virginia. Compensation: Staff recommends that no compensation be required from the Applicant for this vacation. It is being treated similarly to a utility easement, which the County does not charge compensation to vacate. Public otice: Public notice of the proposed vacation was given in accordance with the Code of Virginia. otices were placed in the March, 0 and March, 0 issues of the Washington Times for the County Board Meeting of April, 0. FISCAL IMPACT: one COCLUSIO: It is recommended that the County Board enact the attached Ordinance to vacate the one foot-wide easement approximately one hundred fifty (0) feet in length running west to east over, across and through Lots,,,, 0 and, Block, Preston s Addition to Aurora Heights, Property of th St., LLC (RPC# , , ), with conditions. - -

3 ATTACHMET Ordinance to Vacate a Perpetual Easement Over, Across and Through Lots,,,, 0 and, Block, Preston s Addition to Aurora Heights, Property of th Street, LLC (RPC# , , ), with Conditions BE IT ORDAIED that, pursuant to a request by Beaconcrest Homes (the Applicant ), on file in the offices of the Department of Environmental Services, a one () foot-wide perpetual easement running west to east over, across and through Lots,,,, 0 and, Block, Preston s Addition to Aurora Heights, Property of th Street, LLC (RPC# , , ), created by Deed of Easement, dated January,, recorded at Deed Book, Page, among the land records of Arlington County, Virginia on January,, and shown on a plat entitled Plat Showing Vacation of a Perpetual Easement, Lots Through, Block, Preston s Addition to Aurora Heights, Deed Book, Page, Deed Book, PG, Arlington County Virginia, dated January, 0, prepared by James A. Madison (the Plat ), and attached hereto as Exhibit A, and attached to the County Manager s Report dated April, 0 as Exhibit A, is hereby vacated, subject to the following conditions:. The Applicant shall prepare and submit to the County for review and approval, the Deed of Vacation and all required plats, subject to the approval thereof by the County Manager, or her designee, and approval of the deed as to form by the County Attorney.. The Applicant shall pay all fees, including the fees for review, approval and recordation of the required documents associated with the Ordinance of Vacation.. The Applicant shall record all plats and the Deed of Vacation required by the conditions of this Ordinance of Vacation among the land records of the Clerk of the Circuit Court of Arlington County.. All conditions of this Ordinance of Vacation shall be met by noon on April, 0 or this Ordinance of Vacation shall become null and void, without the necessity for any further action by the County Board. - -

4 Exhibit A

5 CLEVELAD ST ADAMS CT UHLE ST VEITCH ST LEE HWY Vicinity Map Vacation of Perpetual Easement 00, 0, & 0 th Street RPC# 0000, 0000, & 0000 BARTO ST TH ST BRYA ST KEY BLVD CUSTIS RD ' Perpetual Easement Hereby Vacated TH ST FRAKLI RD DAVILLE ST FRAKLI RD BARTO ST WILSO BLVD CLAREDO BLVD UHLE ST TH ST UHLEST COURTHOUSE RD TH ST VEITCH ST 0 00 Feet DAVILLE ST CLEVELAD ST / Pursuant to Section.-0 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 0 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and March 0 FAIRFAX DR TH CT TH ST

6 B Vicinity Map Vacation of Perpetual Easement 00, 0, & 0 th Street RPC# 0000, 0000, & 0000 PAR. A PT.E D CUSTIS RD C OUTLOT A OUTLOT B PT. 0 BARTO ST PT. TH ST ' Perpetual Easement Hereby Vacated PARCEL H P. P. 0 0 PARCEL A 0 Feet PT. / WILSO BLVD Pursuant to Section.-0 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 0 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and March 0 0 VACATED ALLEY P. PT. C- 0 0 PT. C- C- PT. PT.0

7 Vicinity Map Exhibit Vacation of Perpetual Easement 00, 0, & 0 th Street RPC# 0000, 0000, & 0000 D. PA R A A B.E PT S DAM D US TIS ST C C RD OU T OU T L OT L OT A B. PT T S H T ST BARTO P. P. 0 S DAM ' Perpetual Easement Hereby Vacated PARCEL H A. PT PARCEL A ST / ALLEY C- PT. C- PT.0 VACATED PT. PT. C- 0 0 P. PT. Pursuant to Section.-0 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 0 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and March 0 0 D LV B S ST O LS I W Feet ADAM 0