ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 15, 2017

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1 ARLIGTO COUTY, VIRGIIA County Board Agenda Item Meeting of July 15, 2017 DATE: July 6, 2017 SUBJECT: Deed of Resubdivision, Vacation, Rededication and Conveyance of Property Owned by the County School Board of Arlington County, Virginia, to the County Board of Arlington County, Virginia, for a Portion of the Property located at Stuart St., known as Taylor Elementary School (RPC# ). C. M. RECOMMEDATIOS: 1. Approve the attached Deed of Resubdivision, Vacation, Rededication and Conveyance of Property Owned by the County School Board of Arlington County, Virginia, to the County Board of Arlington County, Virginia, for a Portion of the Property located at Stuart St., known as Taylor Elementary School (RPC# ); and 2. Authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee to accept, on behalf of the County Board, the Deed of Resubdivision, Vacation, Rededication and Conveyance attached to this Board Report as Exhibit A, subject to approval as to form of all documents by the County Attorney. ISSUES: There are no issues associated with the approval and acceptance of the Deed. SUMMARY: This is a request for the County Board to approve and accept a Deed of Resubdivision, Vacation, Rededication and Conveyance ( Deed ), attached hereto as Exhibit A, for the conveyance of a portion of the Taylor Elementary School property owned by the County School Board ( APS ) to the County Board for incorporation into adjacent Zachary Taylor Park ( Park ) (see Vicinity Maps at Attachments 1, 2 and 3). Upon approval and acceptance on behalf of the County Board, the attached Deed and plat will subdivide the APS-owned Taylor School property and convey a portion of the parcel to the County Board for incorporation into the Park. BACKGROUD: Zachary Taylor Elementary School ( Taylor School ) is located on seven acres of land and is surrounded by single-family homes, parkland and nature trails. Since its County Manager: ##### County Attorney: ***** 39. Staff: Betsy Herbst, DES, Real Estate Bureau

2 founding in 1954, Taylor School has served as the neighborhood elementary school for several neighborhoods in north Arlington. APS acquired the Taylor School property by Deed dated March 21, 1952 and recorded March 24, 1952 in Deed Book 1043 at Page 449 among the Arlington County land records ( Land Records ). Thereafter, APS conveyed a 9-acre portion of the property to the County Board by Deed dated June 29, 1953 and recorded June 30, 1953 in Deed Book 1109 at Page 375 among the Land Records for park purposes. This 9-acre parcel was incorporated into the Park. DISCUSSIO: Deeds conveying property to the County Board must be accepted by, or on behalf of, the County Board in order to be valid. The attached Deed will subdivide the Taylor School property into two parcels, one of which will be conveyed to the County for incorporation into the adjacent Park. The Park is currently comprised of approximately 43 acres of land that extends from the back of Taylor School to the east side of Military Road, adjacent to Potomac Overlook Park, and up to the George Washington Memorial Parkway. The area of the Taylor School property to be conveyed to the County contains sections of fairly undisturbed, relatively old-aged forest. Invasive plants are also established in the forest and threaten to invade the high quality forest. The conveyance of this portion of the Taylor School property to the County will allow the Department of Parks and Recreation to manage the invasive plants, preserve the high-quality forest habitat, and protect at least one notable significant tree. The Deed and associated plat was approved by the County School Board at its meeting on June 29, Upon execution of the Deed by APS, approval of the subdivision plat, approval as to form by the County Attorney, and acceptance of the conveyance by the County, the Deed and plat will be recorded among the Land Records. The area acquired for incorporation into Taylor Park (Area = 208,272 Sq. Ft. or acres) is more particularly described on the plat attached hereto as Exhibit B as Plat Showing The Resubdivision, Vacation and Rededication of Part Lots 2 and 3, Estate of Lewis Marcy, Deed Book U-4, Page 19, Arlington County, Virginia. FISCAL IMPACT: The conveyance of this Deed is being made by APS to the County for no consideration. Associated closing costs for conveyance of the property to the County will be paid from DPR s land acquisition account ( LA.R ). Upon subdivision of the property by APS, acceptance of the Deed by the County, and incorporation of the parcel into the Park, the County will assume usual maintenance responsibilities for open parkland

3 Exhibit A Grantee: County Board of Arlington County, Virginia Return to: Real Estate Bureau Chief 2100 Clarendon Boulevard 2100 Clarendon Boulevard Suite 800 Suite 800 Arlington, Virginia Arlington, Virginia Attn: Real Estate Bureau Chief RPC#s: This instrument is exempt from recordation tax, Grantor s tax and the fee imposed by , pursuant to A.3., C.4. and of the Code of Virginia. DEED OF RESUBDIVISIO, VACATIO, REDEDICATIO AD COVEYACE THIS DEED OF RESUBDIVISIO, VACATIO, REDEDICATIO AD COVEYACE ( Deed ), made this day of, 2017, by and among THE COUTY SCHOOL BOARD OF ARLIGTO COUTY, VIRGIIA, a body corporate and politic, as Grantor ( School Board or APS ), and THE COUTY BOARD OF ARLIGTO COUTY, VIRGIIA, a body corporate and politic, as Grantee (the County ). WITESSETH : R-1 The School Board is the record owner, in fee simple, of a certain parcel of real property situate in Arlington County, Virginia, more particularly described and depicted on the attached Plat and known as RPC# (the APS Parcel ) by virtue of an instrument recorded in Deed Book 1043, Page 449 among the land records of Arlington County, Virginia ( Land Records ); and R-2 At the meeting of the School Board on June 29, 2017, the School Board consented to, and authorized, the (i) subdivision of the APS Parcel, located at Stuart St., into two parcels of land, and (ii) the conveyance of a portion of the APS Parcel to the County Board of Arlington County, Virginia ( APS Resubdivision and Conveyance Approval ); and R-3 At the regular meeting of the County Board on July 15, 2017, the County Board (i) consented to, and authorized, the acceptance of the conveyance of a portion of the APS Parcel from the School Board of Arlington County, Virginia, to the County Board of 1

4 Arlington County, Virginia, for incorporation into the County s adjacent Zachary Taylor Park ( County Conveyance Acceptance ); and R-4 Consistent with, and in furtherance of, the APS Resubdivision and Conveyance Approval, APS desires to subdivide the APS Parcel, vacate and rededicate the subdivision names, and convey a portion of the APS Parcel to the County, all as hereinafter set forth, and as shown on the plat entitled, Plat Showing The Resubdivision, Vacation and Rededication of Part Lots 2 and 3, Estate of Lewis Marcy, Deed Book U-4, Page 19, Arlington County, Virginia, Sheets 1 through 3, prepared by Bowman Consulting Group, Ltd., dated ovember 2, 2016, revised February 28, 2017 and June 5, 2017, approved by Arlington County Department of Environmental Services, Division of Transportation on, 2017, attached hereto and made a part hereof (the Plat ) RESUBDIVISIO, VACATIO AD REDEDICATIO OW THEREFORE, in consideration of the sum of TE DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, being the only party having any ownership interest in the APS Parcel, does hereby subdivide the APS Parcel, to be hereinafter known as Parcel 1 and Outlot A, Taylor School, The County School Board of Arlington County, Virginia, as more particularly described and depicted on the Plat. COVEYACE OW, THEREFORE, for and in consideration of the sum of TE DOLLARS ($10.00) cash in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee with General Warranty, all that certain parcel of land, together with the improvements thereon, situated, lying and being in Arlington County, Virginia, and more particularly described as follows: 2

5 Outlot A, Taylor School, The County School Board of Arlington County, Virginia, containing 208,272 S.F. or acres, as shown on the Plat attached hereto and made a part hereof, being a portion of former Parcel B, Arlington School Board Property, as shown on plat attached to Deed recorded in Deed Book 1109 at Page 376 among the land records of Arlington County, Virginia. COVEATS REAL Grantor declares that the agreements and covenants stated in this Deed are not covenants personal to Grantor, but are covenants real, running with the land which are and shall be binding upon the parties hereto and their successors and assigns. This Deed shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. FREE COSET This Deed is made with the free consent and in accordance with the desire of the undersigned Grantor of the above-described property, and is in accordance with the statutes of Virginia and the applicable ordinances in force in Arlington County governing the platting and subdivision of land, and is approved by the proper authorities as evidenced by their endorsements on said Plat attached hereto and made a part hereof. The Recitals are hereby incorporated into this Deed. WITESS the following signatures and seals: [Signatures appear on following pages] 3

6 GRATOR: ARLIGTO COUTY SCHOOL BOARD, a body corporate and politic By: ame: Title: COMMOWEALTH OF VIRGIIA COUTY OF ARLIGTO, to-wit: The foregoing instrument was acknowledged before me by,, as, on behalf of ARLIGTO COUTY SCHOOL BOARD, this day of My Commission Expires: otary Public The Grantee has purchased, from First American Title Insurance Company, an insurance policy which insures the Grantee s interest in the property conveyed by this Deed. Approved as to form: County Attorney 4

7 Exhibit B

8 Exhibit B

9 Exhibit B

10 Vicinity Map Taylor School RPC # Attachment 1 27TH RD MILITARY RD Zachary Taylor Park Area to be conveyed to the County Taylor Elementary School ROBERT WALKER PL STUART ST RICHMOD ST ST UTAH 25TH ST 26TH RD VACATIO L TAYLOR ST 25TH ST STAFFORD ST Feet 25TH ST 25TH ST 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 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and April 2017

11 ST Vicinity Map Taylor School RPC # TH ST Attachment 2 31ST BEECHWOOD THOMAS ST CIR UPSHUR 26TH ST UPLAD ST Zachary Taylor Park BEECHWOOD MILITARY PL MARCEY RD Area to be conveyed to the County ST RD UPSHUR ST Taylor Elementary School STUART ST 26TH ST 25TH ST RICHMOD ST VACATIO L 25TH ST 26TH RD 25TH PL 25TH PL VERMOT ST VERO ST UTAH ST TAYLOR ST TAYLOR ST 24TH ST STAFFORD ST RICHMOD ST 25TH ST 25TH RD RD 24TH ST 23RD RD TAYLOR ST Feet LORCOM L 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 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and April 2017 MILITARY

12 Vicinity Map Taylor School RPC # Attachment 3 27TH RD MILITARY RD Zachary Taylor Park Area to be conveyed to the County Taylor Elementary School ROBERT WALKER PL STUART ST RICHMOD ST ST UTAH 25TH ST 26TH RD VACATIO L TAYLOR ST 25TH ST STAFFORD ST Feet 25TH ST 25TH ST 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 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and April 2017