BOARD OF SUPERVISORS PUBLIC HEARING. At the pleasure of the Board

Transcription

1 Date of Hearing: June 15, 2016 # 3 BOARD OF SUPERVISORS PUBLIC HEARING SUBJECT: ELECTION DISTRICT: CRITICAL ACTION DATE: STAFF CONTACTS: Proposed Vacation and Conveyance of Certain Sections of Alleys, Streets, and Public Right-of-Way in the Village of Waterford that Abut Property Owned by Loudoun Mutual Insurance Company Catoctin At the pleasure of the Board Zaida Thompson, Office of the County Attorney Leo Rogers, Office of the County Attorney PURPOSE: The purpose of this item is to consider a request for the vacation of portions of several alleys and streets within the Village of Waterford that abut the Loudoun Mutual Insurance Company lots. RECOMMENDATIONS: Staff recommends that the Board of Supervisors have Building and Development Staff view the public right-of-way and report in writing any inconvenience that would result from discontinuing the right-of-way and return the report by July 15, 2016 date, and place this matter on the Board s Business Meeting of July 21, 2016 for action. BACKGROUND: Pursuant to Virginia Code Section et seq., Loudoun Mutual Insurance Company (the Applicant ) has requested the Board to vacate an approximate 0.48 acres of interconnected alleys and road segments within the Village of Waterford. (See Attachment 1). The Applicant owns twelve lots contained within PIN nos (Lots 10-12, 23 and 29) and (Lots 6-9, 22, 28 and a sliver of Lot 5). The attached Vacation Plat, WC Job No , dated July 3, 2015 and revised through May 5, 2016, identifies the alleys and streets that are the subject of the request submitted by the Applicant. (See Attachment 2). The request appears to concern alleys or streets that are impassable by vehicular traffic and not currently in use. The Village of Waterford was a former town incorporated and enlarged by Acts of the General Assembly in the early and mid-1800s, re-incorporated in 1875 and dissolved in 1936 by a subsequent Act of the General Assembly. At the time of the 1936 corporate dissolution of the Town of Waterford, Virginia, the Virginia General Assembly made no express provision for the disposition of the Town s property interests. Chapter 753 of the 2013 Acts of Assembly disposed of all of the former Town of Waterford s right, title and interest, if any, in and to the real property

2 Item #3, Proposed Vacation and Conveyance of Certain Sections of Alleys, Streets, and Public Right-of-Way in the Village of Waterford that Abut Property Owned by Loudoun Mutual Insurance Company Board of Supervisors Public Hearing June 15, 2016 Page 2 held by said town to the Commonwealth of Virginia and further provided for the conveyance of said property from the Commonwealth of Virginia to the County of Loudoun. At the request of the Board, the 2013 General Assembly enacted Chapter 753 of the 2013 Acts of Assembly providing a mechanism for the County to vacate streets and alleys existing only on paper dating back to the Town of Waterford. Pursuant to the legislation such interest was conveyed to the County of Loudoun by the Commonwealth of Virginia on December 18, 2013 by a quitclaim deed recorded in the land records of Loudoun County. (See Attachment 3). The County of Loudoun, through the Board, has the authority to vacate public right-of-ways and convey the underlying interest, if any, pursuant to Chapter 753 of the 2013 Acts of Assembly and in conformance with et.seq. of the Code of Virginia (1950), as amended. (See Attachment 4 and 5, respectively). The County received several requests from residents in the Town of Waterford to vacate old paper alleys or streets in the Town of Waterford, as well as a portion of Second Street outside the area maintained by VDOT. Four of these initial petitions were filed by Loudoun Mutual and are included in this item. Loudoun Mutual Insurance Company was founded in Waterford on March 12, 1849 and has been serving the community for 167 years. The Company seeks to remain in Waterford but needs to expand the current headquarters located on High Street to do so. The current paper alleys need to be vacated in order for Loudoun Mutual to proceed with their plans for expansion. At the March 5, 2014 business meeting, the County Attorney s office brought forth Item #6 Vacating Portions of Streets and Alleys in the Former Town of Waterford to initiate a process to consider vacation of the streets and alleys in the former Town of Waterford that are the subject of several landowner requests, including Loudoun Mutual Insurance Company. The motion passed 8-1. (See Attachment 6). The process for vacating a public right-of-way is set out in of the Code of Virginia: Vacation may be initiated by the Board or on application of any person. Notice must be published at least twice, with at least six days between the first and second publication. The published notice is to include the time and place of the hearing. A hearing must be conducted, at which any persons affected may appear and be heard. After the hearing, the Board may appoint three to five people to view the public right-ofway and report in writing any inconvenience that would result from discontinuing the rightof-way. The Board may allow up to $50 each for their services. The landowners affected thereby, along the public right-of-way proposed to be altered or vacated, are to be notified.

3 Item #3, Proposed Vacation and Conveyance of Certain Sections of Alleys, Streets, and Public Right-of-Way in the Village of Waterford that Abut Property Owned by Loudoun Mutual Insurance Company Board of Supervisors Public Hearing June 15, 2016 Page 3 If the Board approves the vacation, a certified copy of the ordinance of vacation is recorded and indexed in the name of the locality. ISSUES: Vacation and conveyance of several interconnected alleys and roads that abut property owned by the Applicant and allow the Applicant to move forward with the expansion of its operation and maintain its offices within Loudoun County. FISCAL IMPACT: Other than the cost of Staff time there is no other cost to the County. The applicant bears the cost of publishing notice and notifying the property owners adjacent to the alleys and street that are the subject of its application for vacation. ALTERNATIVES: The Board may elect not to appoint viewers and summarily place this matter on a Board of Supervisors Business Meeting agenda to take up the matter as to whether to vacate some, all or none of the streets and alleys that are the subject of the request for vacation. DRAFT MOTIONS: 1. I move that the Board of Supervisors have Building and Development Staff view the public right-of-way and report in writing any inconvenience that would result from discontinuing the right-of-way and return the report by July 15, 2016 date; OR I further move that the Board of Supervisors forward Proposed Vacation and Conveyance of Certain Sections of Alleys, Streets, and Public Right-of-Way in the Village of Waterford that Abut Property Owned by Loudoun Mutual Insurance Company to the Board of Supervisors Business Meeting of July 21, 2016 for action. 2. I move that the Board of Supervisors appoint [three to five] people to view the public right-of-way and report in writing any inconvenience that would result from discontinuing the right-of-way, and return the report by July 15, 2016 date; OR I further move to place the matter for confirmation of the appointment of said viewers on the Board of Supervisors Business Meeting of July 5, 2016; I further move that the Board of Supervisors forward Proposed Vacation and Conveyance of Certain Sections of Alleys, Streets, and Public Right-of-Way in the Village of Waterford that Abut Property Owned by Loudoun Mutual Insurance Company to the Board of Supervisors Business Meeting of July 21, 2016 for action.

4 Item #3, Proposed Vacation and Conveyance of Certain Sections of Alleys, Streets, and Public Right-of-Way in the Village of Waterford that Abut Property Owned by Loudoun Mutual Insurance Company Board of Supervisors Public Hearing June 15, 2016 Page 4 3. I move an alternate motion. ATTACHMENTS: 1. Requests for Vacation of Alleys and Street- Loudoun Mutual Insurance Company 2. Vacation Plat, WC JOB NO , Dated July 3, 2015 and Revised through May 5, Quitclaim Deed ( ) et.seq. of the Code of Virginia (1950) Acts of Assembly Ch. 753 (H.B. 1983) 6. Copy Teste- Vacating Portions of Streets and Alleys in the Former Town of Waterford (Catoctin District), March 5, Published Notice

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