ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 14, 2015

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of November 14, 2015 DATE: November 6, 2015 SUBJECT: Acceptance of a Deed of Easement Dedicating a Ten-Foot-Wide Sanitary Sewer Easement on a Portion of Lot 35 Balmoral Subdivision, Located at th St., N., RPC# C. M. RECOMMENDATIONS: 1. Approve the attached Deed of Easement (Attachment 1) dedicating a ten-foot-wide sanitary sewer easement on a portion of Lot 35 Balmoral Subdivision, located at th St., N., RPC# ; 2. Authorize the Real Estate Bureau Chief, Department of Environmental Services, to accept the Deed of Easement, on behalf of the County Board, subject to approval as to form by the County Attorney, to satisfy a condition of a Resolution of the County Board, dated June 9, 1979, vacating an existing ten-foot sanitary sewer on Lot 35 Balmoral Subdivision; and 3. Authorize the Real Estate Bureau Chief, Department of Environmental Services, to execute, on behalf of the County Board, a Deed of Vacation vacating an existing tenfoot-wide sanitary sewer easement on Lot 35 Balmoral Subdivision, upon satisfaction of the conditions of the Resolution of the County Board, dated June 9, 1979, vacating such easement, subject to approval as to form by the County Attorney. ISSUES: This is a request for authorization to accept a deed of easement to satisfy a condition of a June 9, 1979, County Board resolution vacating an existing ten-foot sanitary sewer easement on Lot 35 Balmoral Subdivision. There are no outstanding issues associated with the requested actions. SUMMARY: Upon acceptance of the attached Deed of Easement on behalf of the County Board, and execution, on behalf of the County Board, of a Deed of Vacation vacating the existing sanitary sewer easement on Lot 35 Balmoral Subdivision (the Property ), and the recording of both the Deed of Easement and the Deed of Vacation among the County Land Records, the County s interest in the existing sanitary sewer easement will be extinguished, and the County Board will have been granted a new easement over the relocated sanitary sewer line, County Manager: ##### County Attorney: ***** 17. Staff: Maxine Cholmondeley, Real Estate Bureau, DES

2 all in accordance with a Resolution of the County Board approved at a Regular Session of the County Board held on June 9, BACKGROUND: At a Regular Session of the County Board held on June 9, 1979, at 8:00 a.m., the County Board adopted the attached Resolution (Attachment 2) vacating a ten-foot sanitary sewer easement on Lot 35 Balmoral Subdivision. The Resolution conditions the vacation of the existing ten-foot sanitary sewer easement upon the applicant relocating and constructing a new sanitary sewer, as approved by the Department of Public Works, and granting a new ten-foot-wide easement to the County Board over the relocated sanitary sewer. The 1979 Resolution does not specifically designate anyone to accept the deed of easement for the relocated sanitary sewer on behalf of the County Board, or to execute a deed of vacation on behalf of the County Board. County staff has confirmed that the then-existing sanitary sewer line was relocated in 1979, as approved by the Department of Public Works, by the then-owner of the Property, prior to the construction of a single-family residence on the Property. However, no new easement for the relocated santitary sewer has been granted to the County Board, nor was a Deed of Vacation executed and recorded vacating the old sanitary sewer easment over which the single-family residence on the Property was constructed. The current owners of the Property, Eric Shumsky and Lee Seltman (the Owners ), purchased the Property on July 26, 2013, and discovered during settlement that the vacation of the sanitary sewer easement had never been completed. DISCUSSION: The Owners have executed and delivered to County staff the attached Deed of Easement over the relocated sanitary sewer to satisfy the conditions of the 1979 Resolution and have requested that the County vacate the old sanitary sewer in accordance with the conditions of the vacation Resolution approved by the County Board in The Deed of Easement must be accepted on behalf of the County Board for the dedication to be effective and to satisfy the conditions of the Resolution vacating the old sanitary sewer easement. Because the 1979 Resolution did not specifically designate or authorize anyone to accept the Deed of Easement on behalf of the Board, or to execute a Deed of Vacation vacating the existing sanitary easment on behalf of the County Board, the Board is requested to authorize the Real Estate Bureau Chief to accept the Deed of Easement and execute the Deed of Vacation upon behalf of the County Board. The 1979 Resolution has neither been amended nor rescinded by the County Board. FISCAL IMPACT: There will be no fiscal impact from the acceptance of the Deed of Vacation and execution of a Deed of Vacation, on behalf of the County Board, vacating the existing sanitary sewer easement

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19 V i c i n i t y M a p S a n i t a r y S e w e r E a s e m e n t t h S t r e e t N o r t h R P C # N FILLMORE ST 27TH ST N ' Sanitary Sewer Easement Hereby Vacated 10' Sanitary Sewer Easement Hereby Granted 25TH ST N 25TH ST N N EDGEWOOD ST Feet Pursuant to Section 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 2013 Commonwealth of Virginia. Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center. Produced and August Contact us at gismc@arlingtonva.us for spatial reference notes. ±

20 V i c i n i t y M a p S a n i t a r y S e w e r E a s e m e n t t h S t r e e t N o r t h R P C # GEORGE WASHINGTON MEMORIAL PKWY GEORGE WASHINGTON MEMORIAL PKWY 10' Sanitary Sewer Easement Hereby Vacated 26TH ST N N FILLMORE ST 27TH ST N ' Sanitary Sewer Easement Hereby Granted 25TH ST N 25TH ST N N EDGEWOOD ST N EDGEWOOD ST 24TH ST N N DANVILLE ST Feet Pursuant to Section 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 2013 Commonwealth of Virginia. Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center. Produced and August Contact us at gismc@arlingtonva.us for spatial reference notes. ±

21 Vicinity Map Sanitary Sewer Easement th Street North RPC # N 27 LL FI TH M O RE ST ST N 10' Sanitary Sewer Easement Hereby Vacated 25T TN HS ST N D ST TH N E D GE W O O 25 10' Sanitary Sewer Easement Hereby Granted Feet Pursuant to Section 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 2013 Commonwealth of Virginia. Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center. Produced and August Contact us at gismc@arlingtonva.us for spatial reference notes. ±