ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of July 13, 2013 DATE: June 17, 2013 SUBJECT: Approval and Acceptance of a Public Sanitary Sewer Easement Located on Lot 42, Section Five, Westover Park, RPC #09-072-010. C. M. RECOMMENDATION: 1. Approve the attached Deed of Easement (Attachment 1), by and among Westover Place VIII, LLC, (Owner), David P. Summers, Charles C. Brockett, and Christopher C. Mortensen (Trustees), Virginia Heritage Bank (Beneficiary), The Evergreene Companies, LLC (Adjacent Owner) and the County Board of Arlington County, Virginia, dedicating an easement for public sanitary sewer purposes on Lot 42, Section Five, Westover Park, RPC #09-072-010. 2. Authorize the Real Estate Bureau Chief, Department of Environmental Services, to accept and execute, on behalf of the County Board, the Deed of Easement, subject to approval as to form by the County Attorney. ISSUES: The attached Deed of Easement is needed by the developer of a townhouse project to connect to the County public sanitary sewer system. The Board must approve and accept the Deed to provide the County with a public easement for the off-site sanitary sewer connection. There are no outstanding issues. SUMMARY: The Evergreene Companies, LLC ( Evergreene ), the developer and owner of a townhouse project on three lots that are adjacent to the property upon which the proposed easement is located, is seeking Board approval and acceptance of the attached off-site Public Sanitary Sewer Easement ( Easement ) upon property owned by Westover Place VIII, LLC ( Westover ), in order to connect to the County s public sanitary sewer system. Westover has agreed to dedicate the Easement on its property to the County. BACKGROUND: Evergreene is developing a by-right townhouse project consisting of twenty homes, as set forth on the attached Exhibit A. In order to connect the townhouses to the County Sanitary Sewer System, Evergreene has requested, and Westover has agreed to grant, the County Manager: ##### County Attorney: ***** 14. Staff: Linda Eichelbaum Collier, Real Estate Bureau
Easement on the Westover property to the County. Vicinity maps showing the locations of the Westover and Evergreene properties are attached hereto as Exhibit C-1 and C-2. DISCUSSION: The Board needs to authorize acceptance of the Deed of Easement. The townhouse project is being constructed by-right, and not by special exception site plan or use permit. The Easement is off-site and the Easement is not being granted as part of a resubdivision. The Easement is a standard public sanitary sewer easement. Westover is the owner of the property wherein the Easement is to be located, by virtue of a Special Warranty Deed dated January 31, 2013 and recorded in the Arlington County land records ( Land Records ) in Deed Book 4651 at Page 144. Evergreene obtained the adjacent property upon which the townhouse project is to be constructed by Special Warranty Deed dated September 27, 2012 and recorded in Deed Book 4639, Page 2742 and Deed of Correction recorded in Deed Book 4691 at Page 1254. The Easement is described on the plat attached hereto as Exhibit B entitled Plat Showing Public Sanitary Sewer Easement on Lot 42, Section Five, Westover Park, Deed Book 808 at Page 469, Arlington County, Virginia, dated February, 2013, prepared by LDC ( Plat ) and designated on the Plat as Public Sanitary Sewer Easement Hereby Granted. FISCAL IMPACT: None. CONCLUSION: It is recommended that the County Board approve the attached Deed of Easement for Public Sanitary Sewer Purposes Located on Lot 42, Section Five, Westover Park, RPC #09-072-010, by and among Westover Place VIII, LLC, (Owner), David P. Summers, Charles C. Brockett, and Christopher C. Mortensen (Trustees), Virginia Heritage Bank (Beneficiary), The Evergreene Companies, LLC (Adjacent Owner) and the County Board of Arlington County, Virginia. - 2 -
Vicinity Map Westover Park, Section 5, Lot 42 1001 North Kensington Street RPC# 09072010 11TH ST N N JEFFERSON ST N KENSINGTON ST Evergreene Property 10TH RD N 10TH ST N 09072010 Westover Property Dedication of Public Sanitary Sewer Easement FAIRFAX DR INTERSTATE 66 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. Easements and Dedications are approximate. Aerial Photography flown February 2011 Map prepared by Arlington County GIS Mapping Center Produced and June 2013
Vicinity Map Westover Park, Section 5, Lot 42 1001 North Kensington Street RPC# 09072010 N IVANHOE ST N INGLEWOOD ST 11TH RD N N ILLINOIS ST N KENSINGTON ST N KENNEBEC ST N JEFFERSON ST 10TH ST N Evergreene Property 10TH RD N 09072010 Westover Property FAIRFAX DR Dedication of Public Sanitary Sewer Easement INTERSTATE 66 N LEXINGTON ST 9TH RD N N JACKSONVILLE ST 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. Easements and Dedications are approximate. Aerial Photography flown February 2011 Map prepared by Arlington County GIS Mapping Center Produced and June 2013 9TH ST N /