ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of December 10, 2016 DATE: November 29, 2016 SUBJECT: Deed of Dedication for Public Street and Utilities Purposes on Property Owned by the Estate of Kathleen L. Singleton, 28 S. Pershing Drive, Arlington, Virginia (RPC# 23-004- 026). C. M. RECOMMENDATIONS: 1. Approve the attached Deed of Dedication for Public Street and Utilities Purposes on Property Owned by the Estate of Kathleen L. Singleton located at 28 S. Pershing Drive, Arlington, Virginia (RPC# 23-004-026); 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 Dedication (attached as Attachment 1), subject to approval as to form by the County Attorney. ISSUES: There are no issues associated with the approval and acceptance of the Deed. SUMMARY: The subject Deed of Dedication (Attachment 1) is an offer to dedicate, grant and convey to the County a portion of the owner s Property, in fee simple, for public street and utilities purposes. This dedication is being conveyed to the County by the owner for nominal consideration, as a prerequisite to allowing the owner to redevelop and resubdivide the Property into two buildable parcels. The dedications are needed by the County for the construction, installation and maintenance of public street and utilities facilities along South Pershing Drive. The County Board is requested to approve the Deed of Dedication and authorize its acceptance on behalf of the County. BACKGROUND: The subject parcel is located along South Pershing Drive in the blocks between Arlington Boulevard, 1 st Place South and 1 st Street South. The location of the parcel is more particularly shown on the Vicinity Maps attached to this Board Report as Attachments 2, 3 and 4. The property is located in the Barcroft Civic Association. County Manager: ##### County Attorney: ***** 19. Staff: Betsy Herbst, DES, Real Estate Bureau
DISCUSSION: Deeds conveying and dedicating portions of properties to the County Board must be accepted by, or on behalf of, the County Board in order to be valid. The dedication for public street and utilities purposes to be conveyed to the County by this Deed of Dedication is necessary as a requirement to allow the property owner to resubdivide the parcel into two buildable lots. The owner will be required to install curb and gutter along the street frontage and dedicate the area to the County, in fee simple, to the back of curb. The area to be dedicated for public street and utilities purposes (425 Sq. Ft.) on a portion of 28 S. Pershing Drive (RPC# 23-004-026) is more particularly described on the plat attached to the Deed of Dedication, entitled Plat Showing Dedication for Public Street and Utilities Purposes Part Original Property of Nathan Scanland, Deed Book 376, Page 414, Arlington County, Virginia, dated September 13, 2016, prepared by Michael L. Flynn, LS, Alexandria Surveys, LLC. FISCAL IMPACT: Because the dedication will be conveyed to the County Board for nominal consideration, there will be no fiscal impact related to acceptance of the Deed of Dedication. - 2 -
Prepared by: Larry Edwin Johnson, VSB#35624 5415-A Backlick Road Springfield, Virginia 22151 (703) 354-6800 Grantee: Return to: County Board of Arlington County, Virginia Real Estate Bureau Chief 2100 Clarendon Boulevard 2100 Clarendon Boulevard Suite 800 Suite 800 Arlington, Virginia 22201 Arlington, Virginia 22201 Attn: Real Estate Bureau Chief RPC Number: 23-004-026 This instrument is exempt from recordation tax, Grantor s tax and the fee imposed by 58.1-802.2, pursuant to 58.1-811 A.3., 58.1-811 C.4. and 58.1-802.2 of the Code of Virginia. DEED OF DEDICATION FOR PUBLIC STREET AND UTILITIES PURPOSES THIS DEED OF DEDICATION FOR PUBLIC STREET AND UTILITIES PURPOSES ( Deed ) is made this day of December, 2016, by and between JOYCE SINGLETON THOMAS, EXECUTOR OF THE ESTATE OF KATHLEEN LONG SINGLETON, party of the first part, as Grantor (hereinafter referred to as the Executor ), and THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate and politic, party of the second part, as Grantee ( County ). RECITALS: R-1. WHEREAS, certain real property was conveyed to Paul R. Singleton and Kathleen L. Singleton, husband and wife, as tenants by the entirety with the full common law right of survivorship, from Myron Tee Perry and Eula Perry, husband and wife, under deed dated September 23, 1963 and recorded October 3, 1963 in Deed Book 1525, at page 589, among the land records of Arlington County, Virginia; and 1
R-2. WHEREAS, the property was subsequently conveyed to Kathleen L. Singleton, as her sole and separate estate, from Paul R. Singleton and Kathleen L. Singleton under deed dated October 13, 1989 and recorded November 8, 1989, at Deed Book 2407, at page 425, among the land records of Arlington County, Virginia (the Property ); and R-3. WHEREAS, Kathleen L. Singleton (the Testatrix ) died, testate, on August 28, 2014 in Arlington County, Virginia; and R-4. WHEREAS, pursuant to the provisions of the Last Will and Testament of Kathleen L. Singleton, dated June 15, 2005, recorded at Will Book 136, page 369, in Arlington County, Virginia ( Last Will and Testament ), the Testatrix appointed her daughter, Joyce Singleton Thomas, to be Alternate Executor of her Last Will and Testament, and on October 2, 2014, such Executor qualified to be the personal representative of the decedent s estate before the Office of the Circuit Court of Arlington County; R-5 WHEREAS, pursuant to the provisions of the Last Will and Testament, the Testatrix authorized the Executor, incorporating by reference therein, to have all the powers enumerated in Section 64.1-57 (now Section 64.2-105) of Virginia Code 1950, as amended, including the power to sell, assign, exchange, transfer and convey real property of the Testatrix; and R-6. WHEREAS, it is the desire and intention of the Executor to dedicate, grant and convey to the County, a portion of the Property, in fee simple, for public street and utilities purposes, in the locations and dimensions shown on the plat attached hereto as Exhibit A and made a part hereof entitled, Plat Showing Dedication for Public Street and Utilities Purposes on Part Original Property of Nathan Scanland, Deed Book 376, Page 414, Arlington County, Virginia, dated September 13, 2016, prepared by Michael L. Flynn, LS, Alexandria Surveys, 2
LLC, and approved by Arlington County Department of Environmental Services, Division of Transportation, Subdivision and Bonds Administrator on,, attached hereto and made a part hereof (collectively, the Plat ). DEDICATION FOR PUBLIC STREET AND UTILITIES PURPOSES THIS DEED WITNESSETH, that in consideration of the premises and the sum of Ten Dollars ($10.00), the mutual benefits to be derived by the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby dedicate, grant and convey unto the Grantee, in fee simple, with Special Warranty of Title, the portion of the Property designated on the Plat as 425 sq. ft. Hereby Dedicated for Public Street and Utilities Purposes, as more particularly described and depicted on the Plat for public street and utilities purposes. This dedication and conveyance is made free and clear of all encumbrances. COVENANTS REAL The Grantor declares that the agreements and covenants stated in this Deed are not covenants personal, but are covenants real, running with the land. This Deed shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. FREE CONSENT This Deed is made with the free consent and in accordance with the desire of the undersigned Grantor of the Property, and is in accordance with the statutes of Virginia and the applicable ordinances in force in Arlington County, and is approved by the proper authorities as is evidenced by their endorsements on the Plat attached hereto. The provisions of this Deed shall be applicable to the Grantor and her successors and assigns. 3
The Recitals are hereby incorporated into this Deed. WITNESS the following signatures and seals: GRANTOR: Joyce Singleton Thomas, Executor of the Estate of Kathleen Long Singleton (Seal) COMMONWEALTH OF VIRGINIA COUNTY OF ARLINGTON, to-wit: The foregoing instrument was acknowledged before me by Joyce Singleton Thomas, Executor of the Estate of Kathleen Long Singleton on this day of,,. My Commission expires: Registration number: Notary Public 4
Accepted this day of,, on behalf of the County Board of Arlington County, Virginia, pursuant to a resolution, motion or action of said Board duly adopted on. By: Name: Title: On behalf of the County Board of Arlington County, Virginia COMMONWEALTH OF VIRGINIA COUNTY OF ARLINGTON, to-wit: The foregoing instrument was acknowledged before me by, as, on behalf of THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate, this day of,. My Commission expires: Notary Registration No: Notary Public APPROVED AS TO FORM: County Attorney 5
Exhibit A
S UTAH ST N WAKEFIELD ST HENDERSON RD Vicinity Map 28 S PERSHING DR RPC # 23004026 N PERSHING DR Attachment 2 1ST ST N ARLINGTON BLVD 1ST PL S 23004026 Area Dedicated for Public Street and Utilities Purposes 1ST ST S S ABINGDON ST S WOODROW ST S PERSHING DR 1ST RD S 2ND ST S 3RD ST S 0 200 Feet / Pursuant to Section 54.1-402 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 November 2016
S UTAH ST N WAKEFIELD ST HENDERSON RD Vicinity Map 28 S PERSHING DR RPC # 23004026 N PERSHING DR Attachment 3 1ST ST N ARLINGTON BLVD 1ST PL S 23004026 Area Dedicated for Public Street and Utilities Purposes 1ST ST S S ABINGDON ST S WOODROW ST S PERSHING DR 1ST RD S 2ND ST S 3RD ST S 0 200 Feet / Pursuant to Section 54.1-402 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 November 2016
Vicinity Map 28 S PERSHING DR RPC # 23004026 ARLINGTON BLVD Attachment 4 ARLINGTON BLVD ARLINGTON BLVD 1ST PL S S PERSHING DR 23004026 Area Dedicated for Public Street and Utilities Purposes 1ST ST S 1ST ST S S WOODROWST S PERSHING DR 0 75 Feet / Pursuant to Section 54.1-402 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 November 2016