19. ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of May 19, DATE: May 11, 2018

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of May 19, 2018 DATE: May 11, 2018 SUBJECT: Ordinance of Vacation to Vacate a Portion of a Sanitary Sewer Easement Running Over, Across and Through Lot 7 and Part Lot 8, Section 1, River Crest, Arlington, Virginia (RPC#s and ), with Conditions. Applicant/Owner: 3839 Military Road, LLC and 3845 Military Road, LLC 1629 Beulah Road Vienna, VA C. M. RECOMMENDATIONS: 1) Enact the attached Ordinance of Vacation to Vacate a portion of a Sanitary Sewer Easement running over, across and through Lot 7 and Part Lot 8, Section 1, River Crest, (RPC#s and ), 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 related documents, subject to approval as to form of all documents by the County Attorney. ISSUES: As of the date of this report, there are no outstanding issues relating to approval of the attached Ordinance. SUMMARY: The Applicant/Owner is requesting the vacation of a portion of a sanitary sewer easement (the Sanitary Sewer Easement ) as part of the redevelopment of Lot 7 and Part Lot 8, Section 1, River Crest (together, the Property ). The Property is owned by 3839 Military Road, LLC and 3845 Military Road, LLC. Upon enactment of the Ordinance of Vacation ( Ordinance ) attached hereto as Attachment 1, satisfaction of the conditions contained therein and recordation of the Deed of Vacation, the County s interests in the vacated portion of the Sanitary Sewer Easement will be extinguished. BACKGROUND: The Property is located on Military Road between N. Old Glebe Road and 38 th Street North. See the Vicinity Maps attached hereto as Exhibits A, B and C. The County County Manager: ##### County Attorney: ***** 19. Staff: Maxine Cholmondeley, DES-Real Estate Bureau

2 acquired the Sanitary Sewer Easement by Deed of Easement dated May 12, 1959 and the plat attached thereto, recorded in Deed Book 1369, Page 343 in the land records of Arlington County, Virginia (the Land Records ). The Applicant/Owner is requesting the vacation of a portion of the Sanitary Sewer Easement in order to accommodate redevelopment of the Property with two new single family homes. DISCUSSION: The portion of the Sanitary Sewer Easement requested to be vacated is shown on the plat entitled Sanitary Sewer Easement Vacation Plat for Sec 1, River Crest, 3839 and 3841 Military Road, Arlington, Virginia 22207, dated April 20, 2018, by GeoEnv Engineers (the Plat ) attached to this report as Exhibit D. There is no public sanitary sewer infrastructure currently located within the area requested to be vacated. The Applicant/Owner will be required, as a condition of the proposed Ordinance, to connect any new sanitary sewer facilities on the Property to the existing 15 sanitary sewer located within the County s Military Road right-of-way. A copy of the proposed Ordinance is attached hereto as Attachment 1. Legal and Physical Description: The portion of the Sanitary Sewer Easement requested to be vacated is located on Lot 7 and Part Lot 8, Section 1, River Crest and is depicted on the Plat. The Property is located on Military Road, Arlington, Virginia between N. Old Glebe Road and 38 th Street North and is identified in the Arlington County Real Estate Records by RPC#s and The County acquired the Sanitary Sewer Easement by Deed of Easement, dated May 12, 1959 and the plat attached thereto, recorded in Deed Book 1369, Page 343, among the Land Records. Compensation: In keeping with current County policy and practice, staff recommends that no compensation be required from the Applicant/Owner for the vacation. PUBLIC ENGAGEMENT: Public notice of the proposed vacation was given in accordance with the Code of Virginia. Notices were placed in the April 24 and May 1 issues of the Washington Times for the County Board Meeting of May 19, FISCAL IMPACT: Since no compensation will be required for the vacation, there will be no fiscal impact from approval of the Ordinance

3 ATTACHMENT 1 ORDINANCE TO VACATE A PORTION OF AN EASEMENT FOR SANITARY SEWER, RUNNING OVER, ACROSS AND THROUGH LOT 7 AND PART LOT 8, SECTION 1, RIVER CREST, ARLINGTON, VIRGINIA, (RPC#S AND ), WITH CONDITIONS BE IT ORDAINED that, pursuant to a request by 3839 Military Road, LLC and 3845 Military Road, LLC (together, Applicant/Owner ), on file in the offices of the Department of Environmental Services, the portion of an easement for sanitary sewer running over, across and through Lot 7 and Part Lot 8, Section 1, River Crest, Arlington, Virginia (RPC#s and ), created by Deed of Easement dated May 12, 1959 and the plat attached thereto, recorded in Deed Book 1369, Page 343 in the land records of Arlington County, Virginia (the Land Records ), and shown as SANITARY SEWER ESM T D.B PG 343 (TO BE VACATED HATCHED AREA: 501 SQ FT) on a plat attached to the County Manager s Report for this Ordinance entitled Sanitary Sewer Easement Vacation Plat for Sec 1, River Crest, 3839 and 3841 Military Road, Arlington, Virginia 22207, dated April 20, 2018, by GeoEnv Engineers (the Plat ), is hereby vacated, subject to the following conditions: 1. The Applicant/Owner shall prepare and submit to the County for review and approval, the Deed of Vacation and all required plats, subject to approval thereof by the County Manager, or his designee, and approval of the Deed, as to form, by the County Attorney. 2. The Applicant/Owner shall connect any new sanitary sewer facilities on Lot 7 and Part Lot 8, Section 1, River Crest, Arlington, Virginia to the existing 15 sanitary sewer located within the County s Military Road right-of-way. 3. The Applicant/Owner shall pay all fees, including the fees for review, approval, and recordation of the required documents associated with the Ordinance of Vacation. 4. The Applicant/Owner shall record a copy of this Ordinance, all plats and the Deed of Vacation required by this Condition among the Land Records. 5. All conditions of the Ordinance of Vacation shall be met by noon on May 19, 2020, or the Ordinance of Vacation shall become null and void, without the necessity of any further action by the County Board.

4 Vicinity Map Sanitary Sewer Easement Lot 7 and Part Lot 8, Section 1, River Crest RPC and RAMP Portion of Sanitary Sewer Easement Hereby Vacated MILITARY RD 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 2017 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and April 2018

5 Vicinity Map Sanitary Sewer Easement Lot 7 and Part Lot 8, Section 1, River Crest RPC and N GLEBE RD N RICHMOND ST ST RANDOLPH N 40TH ST N N GLEBE RD RAMP N OLD GLEBE RD RAMP Portion of Sanitary Sewer Easement Hereby Vacated N OAKLAND ST MILITARY RD 38TH ST N N NELSON ST N STAFFORD 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 2017 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and April 2018

6 Exhibit C Vicinity Map Sanitary Sewer Easement Lot 7 and Part Lot 8, Section 1, River Crest RPC and MP RA Portion of Sanitary Sewer Easement Hereby Vacated RD RY ITA MIL 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 2017 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and April 2018

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