ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of February 25, 2017

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of February 25, 2017 DATE: February 17, 2017 SUBJECT: Ordinance of Vacation to vacate the southern one-half of a portion of a public alley abutting the northern side of the property located at 1625 Wilson Boulevard (also known as Real Property Code # ), running the length of said RPC# , as shown on a plat certified on December 19, 2016, prepared by William H. Gordon Associates, Inc., with conditions. Applicant/Owner: Agent(s): Emanco, LLC Muhammad Allhussein Joseph H. Chopp, Jr Vincent Place, #300 McLean, Virginia C. M. RECOMMENDATIONS: 1. Enact the attached Ordinance of Vacation to vacate the southern one-half of a portion of a public alley abutting the northern side of the property located at 1625 Wilson Boulevard (also known as Real Property Code # ), running the length of said RPC# , as shown on a plat certified on December 19, 2016, prepared by William H. Gordon Associates, Inc., with conditions. 2. Authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to execute, on behalf of the County Board, the Deed of Vacation, and all other documents necessary to effectuate the Ordinance of Vacation, subject to approval of the Deed and related documents as to form by the County Attorney. ISSUES: There are no issues associated with this request. SUMMARY: This is a request by Emanco for the County Board to vacate the southern one-half width portion of a public alley ( Emanco Portion ) abutting the length of the northern boundary of Emanco s property located at 1625 Wilson Boulevard and designated as Real Property Code County Manager: ##### County Attorney: ***** 15. Staff: Linda Eichelbaum Collier, Tina Chiappetta, Real Estate Bureau, DES

2 # ( Property ). As compensation for the County Board s vacating the Emanco Portion of the alley, and as a condition of the Ordinance of Vacation, Emanco would be required to convey to Arlington County, in fee simple, by Special Warranty Deed, all right, title and interest of Emanco in a 983-square-foot portion of the Property currently constructed as part of the Wilson Boulevard right of way. BACKGROUND: The Property consists of one RPC located at the corner of North Quinn Street and Wilson Boulevard. (See attached vicinity maps.) The Property abuts the southern boundary of a public alley dedicated to the County by plat recorded among the land records of the Arlington County Circuit Court ( Land Records ) in Deed Book Y-4, Page 506. Arlington Public Schools (APS) owns the property abutting the northern portion of the alley. If the Emanco Portion of the alley abutting the Property is vacated by enacting the Ordinance, and the Ordinance conditions are met, then the Emanco Portion, would be conveyed by the County by quitclaim Deed of Vacation to Emanco. DISCUSSION: Emanco has requested vacation of a portion of the alley that abuts the northern portion of the Property. The Emanco Portion requested to be vacated is shown on a plat, attached to this Board Report as Exhibit A and entitled Existing Conditions Exhibit Plat Showing Proposed Vacation of Existing Alley Being Part of Tarleton H. Bean s Subdivision of Lot I Rosslyn Villa Sites, Deed Book Y-4, Page 506, Arlington County, Virginia, dated January 13, 2016, and last revised December 6, 2016, prepared by William H. Gordon Associates, Inc. ( Plat ). The alley area requested to be vacated to Emanco is depicted on the Plat as Existing Alley 500 Sq. Ft. (or) Acres to Be Vacated to Emanco, LLC. The proposed Ordinance of Vacation is attached to this Board Report as Attachment 1. As compensation for the vacation of the Emanco Portion, Emanco will be required, as a condition of the Ordinance, to convey to the County, in fee simple, by Special Warranty Deed, all of Emanco s right, title, and interest in a portion of the Property that is currently located within the constructed Wilson Boulevard right of way. The area to be conveyed is shown on a plat attached hereto as Exhibit B and entitled, Plat Showing Area Acquired for Public Street and Utilities Purposes on Lots 1 and 2 Tarleton H. Bean s Subdivision of Lot I Rosslyn Villa Sites, Liber Y-4, PG. 506, Arlington County, Virginia, dated December 22, 2016 and approved by the Subdivision and Bond Administrator on December 28, 2016 ( Plat ). The area to be conveyed is depicted on the Plat as Area Acquired for Public Street and Utilities Purposes Area = 983 SQ. FT. ( Acquisition Area ). Legal and Physical Description: The physical area of the public alley to be vacated is depicted on the Plat, attached to this Board Report as Exhibit A. The alley was dedicated to the County by plat recorded among the Land Records in Deed Book Y-4, Page 506. The Acquisition Area is depicted on the Plat, attached to this Board Report as Exhibit B. The Emanco Property was conveyed to Emanco, LLC by Special Warranty Deed, dated January 31, 2002 and recorded among the Land Records in Deed Book 3254 at Page 228. Public Notice: Public notice of the enactment of the proposed Ordinance of Vacation was given in accordance with the Code of Virginia. Notices were placed in the January 31, 2017 and - 2 -

3 February 7, 2017 issues of the Washington Times for the County Board Meeting of February 25, Compensation: The compensation to be paid by Emanco to Arlington County for the portion of the public alley requested to be vacated is the conveyance of the Acquisition Area to the County. Because the Acquisition Area is an area larger than the area requested to be vacated, and because the conveyance will grant to the County a fee simple interest in an existing portion of the Wilson Boulevard right of way, County staff recommends that the County Board accept such conveyance as fair market value compensation for the vacation of the Emanco Portion. FISCAL IMPACT: None

4 ATTACHMENT 1 ORDINANCE OF VACATION TO VACATE THE SOUTHERN HALF OF A PUBLIC ALLEY ABUTTING THE NORTHERN SIDE OF THE PROPERTY LOCATED AT 1625 WILSON BOULEVARD, ALSO KNOWN AS REAL PROPERTY CODE # , RUNNING THE LENGTH OF SAID RPC # , AS SHOWN ON A PLAT CERTIFIED ON , PREPARED BY WILLIAM H. GORDON ASSOCIATES, INC., WITH CONDITIONS. BE IT ORDAINED that, pursuant to a request by Emanco, LLC, Applicant/Owner, on file with the Department of Environmental Services, the following described County property interest: the southern one-half of a portion of a public alley abutting the northern side of the property located at 1625 Wilson Boulevard, also known as Real Property Code # ( Property ), running the length of said RPC # , as shown on a plat certified on , prepared by William H. Gordon Associates, Inc.; created by a plat recorded among the Land Records of Arlington County, Virginia ( Land Records ) in Deed Book Y-4, Page 506; depicted as Existing Alley 500 Sq. Ft. (or) Acres to Be Vacated to Emanco, LLC, ( Vacated Alley Portion ) on a plat entitled Existing Conditions Exhibit Plat Showing Proposed Vacation of Existing Alley Being Part of Tarleton H. Bean s Subdivision of Lot I Rosslyn Villa Sites, Deed Book Y-4, Page 506, Arlington County, Virginia, dated January 13, 2016, last revised December 6, 2016, prepared by William H. Gordon Associates, Inc. ( Plat ) attached to the County Manger s Report ( Board Report ) accompanying this Ordinance of Vacation, is hereby vacated subject to the following conditions: 1. The Applicant/Owner shall submit, for review and approval, to the Department of Environmental Services ( DES ), a utility relocation and engineering design plan for the construction, relocation, removal, and/or replacement of any and all utilities located in whole or in part, within the Vacated Alley Portion ( Plan ), which Plan shall be in compliance with the Arlington County Construction Standards and Specifications. The Plan shall be subject to approval by the Director of DES, or his designee. 2. The Applicant/Owner shall submit to the Director of DES, or his designee, a bond, letter of credit, or other security, acceptable to the County Manager, in an amount and in a form, as determined by and acceptable to the County Manager, or his designee, to secure the construction, relocation, removal, and/or replacement of any and all existing utilities pursuant to the approved Plan. 3. The Applicant/Owner shall remove, relocate and reconstruct, or cause to be removed, relocated and reconstructed, at its sole cost and expense, all utilities of the County and of others existing at the time of recordation of the Deed of Vacation within the areas vacated by the Ordinance, including but not limited to, sanitary sewer lines, storm sewer lines, water lines and any electric, gas and communication lines. All utilities removed shall be relocated or reconstructed with new utilities and related appurtenant facilities of size, dimension and location acceptable to the County, in accordance with the approved Plan as defined in Condition #1 of this Ordinance and in strict accordance with Arlington - 4 -

5 County Construction Standards and Specifications, all applicable laws, ordinances, regulation and policies, as approved by the County Board. 4. The Applicant/Owner shall dedicate, grant and convey to the County any and all new public utility easement(s), at locations and of dimensions necessary to accommodate the relocated facilities as required by the County as and provided in Use Permit U approved by the County Board concurrently with this Ordinance. The Real Estate Bureau Chief, Department of Environmental Services, or his designee, is authorized to accept the public utility easement(s) on behalf of the County, subject to approval as to form by the County Attorney. 5. Before recordation of the Deed of Vacation, the Applicant/Owner shall convey to the County Board, in fee simple, by Special Warranty Deed, an area shown on a plat attached to the Board Report entitled, Plat Showing Area Acquired for Public Street and Utilities Purposes on Lots 1 and 2 Tarleton H. Bean s Subdivision of Lot I Rosslyn Villa Sites, Liber Y-4, PG. 506, Arlington County, Virginia, dated December 22, 2016 and approved by the Subdivision and Bond Administrator on December 28, 2016 ( Dedication Plat ) as Area Acquired for Public Street and Utilities Purposes Area = 983 SQ. FT. ( Acquisition Area ). 6. The Applicant/Owner shall prepare and submit to the County for review and approval, the Deed of Vacation, the Deed of Conveyance for the Acquisition Area, and all required deeds and all required Plats, subject to the approval thereof by the County Manager, or his designee, and approval of the deeds as to form by the County Attorney. 7. The Applicant/Owner shall pay all fees, including the fees for plat review, approval and recordation of the Deed of Vacation, the Deed of Conveyance, and all other deeds associated with this Ordinance of Vacation. 8. The Applicant/Owner shall record the Deed of Vacation, the Deed of Conveyance, all required deeds and all plats, subject to the approval of the County Manager, or his designee, and approval as to form by the County Attorney. 9. No sooner than thirty (30) days after enactment of this Ordinance of Vacation, the Applicant/Owner shall record, at its own expense, among the Land Records: a) a copy of this Ordinance; and b) the Deed of Vacation and all other required deeds(s) and plat(s). 10. All conditions of this Ordinance of Vacation shall be met by noon on February 25, 2020, or this Ordinance of Vacation shall become null and void, without the necessity of any further action by the County Board

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8 N. QUINN ST. Vicinity Map Vacation Related to Emanco LLC. Request 18TH ST. N. Area to be Vacated WILSON BLVD. N. PIERCE ST. WILSON BLVD. N. QUINN 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 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and February 2017 N. PIERCE ST.

9 N QUINN ST N. QUINN ST. N PIERCE ST Vicinity Map Vacation Related to Emanco LLC. Request 18TH ST. N. 18TH ST N Area to be Vacated WILSON BLVD WILSON BLVD. N. PIERCE ST. WILSON BLVD. N. QUINN ST. N QUINN 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 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and February 2017 N. PIERCE ST. CLARENDON BLVD

10 N N QUINN ST N QUINN ST N QUEEN ST N PIERCE ST N PIERCE ST N OAK ST Vicinity Map Vacation Related to Emanco LLC. Request LEE HWY N 21ST ST N QUINN ST LEE HWY INTERSTATE 66 INTERSTATE 66 N COLONIAL N ODE ST TER N NASH ST N COLONIAL CT 19TH ST N N COLONIAL TER N SCOTT ST KEY BLVD 18TH ST N Area to be Vacated QUEENS N RHODES ST LN WILSON BLVD CLARENDON BLVD 17TH ST N N ODE ST 16TH CT N 16TH RD N TROY ST Feet N SCOTT ST N ROLFE 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 February TH ST N FAIRFAX DR ARLINGTON BLVD ARLINGTON BLVD ARLINGTON BLVD