ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of June 14, 2014

Similar documents
ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 14, 2015

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

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 14, 2018

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 27, 2018

ARLINGTON COUNTY, VIRGINIA

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

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 15, 2017

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 16, 2016

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 13, 2013

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of June 17, 2017

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 18, 2017

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 14, 2015

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 25, 2014

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 21, 2017

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of December 10, 2016

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 5, 2016

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of April 18, 2015

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 21, 2013

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 27, 2018

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 28, 2017

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of May 19, ISSUES: There are no outstanding issues as of the date of this report.

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of October 17, 2015

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 24, 2016

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of December 16, 2017

52. ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 22, DATE: September 12, 2018

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of December 12, 2015

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of December 12, 2015

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of April 16, 2016

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of June 14, 2014

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of April 16, 2011

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of April 21, 2018

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 14, 2018

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of May 14, 2016

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 17, 2012

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 15, 2017

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 17, 2018

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 5, 2016

ARLINGTON COUNTY, VIRGINIA

DEED OF TEMPORARY EASEMENT

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of June 11, 2011

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 19, 2014

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of October 21, 2017

ARLINGTON COUNTY, VIRGINIA

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

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 14, 2018

This Post-Settlement Occupancy Agreement ("Occupancy Agreement") is made this day of

EASEMENT AGREEMENT RECITALS

ARLINGTON COUNTY, VIRGINIA

Rosslyn Center Associates Limited Partnership

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 26, 2019

ARLINGTON COUNTY, VIRGINIA

AGENDA ITEM FORM INFORMATION ONLY PRESENTATION DISCUSSION ONLY ACTION ITEM

ARLINGTON COUNTY, VIRGINIA

DEED OF EASEMENTS PREPARED BY, AND WHEN RECORDED RETURN TO:

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of December 13, 2014

ARLINGTON COUNTY, VIRGINIA

SOUTH DAKOTA BOARD OF REGENTS. Budget and Finance ******************************************************************************

Should you have any additional questions, you may contact Appalachian s Shoreline Management staff at

ARLINGTON COUNTY, VIRGINIA

SOUTH DAKOTA BOARD OF REGENTS. Budget and Finance ******************************************************************************

Eaton County Stormwater Management Maintenance Covenant for Private Storm Drain Systems

CITY AND COUNTY OF BROOMFIELD SUBDIVISION IMPROVEMENT AGREEMENT FOR (PROPERTY NAME - ALL CAPS)

SPECIAL ASSESSMENT AGREEMENT AND DECLARATION OF NOTICE OF SPECIAL ASSESSMENT

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of April 22, 2017

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 20, 2014

CHAPTER 154 RIGHTS OF WAY

NOTE: This agreement must be properly executed.

ORDINANCE NO

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 17, 2011

S I T E P L A N R E V I E W C O M M I T T E E M E E T I N G A G E N D A. DATE: Wednesday, October 16, To Be Announced

DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES. Grants Management Division. m e m o r a n d u m

DEED OF DEDICATION, BOUNDARY LINE ADJUSTMENT, CONVEYANCE, VACATION, TRUST MODIFICATION AND RELEASE (Minor Adjustment of Property Lines)

PRESERVATION AND CONSERVATION RESTRICTION

Philip Garber, Chief Gas Engineer. Release of Portion of Gas Line Easement in Lochlyn Hills Subdivision

City of Sanibel. Planning Department STAFF REPORT

Agenda Item # Page # By-law No

DEVELOPER S AGREEMENT BETWEEN THE TOWN OF CLIFTON AND

The Drainage Encroachment Agreement has been revised as of August 2014.

Watertown City Council

OFFER TO PURCHASE AND CONTRACT

It is necessary for the Board to adopt the attached resolution accepting the dedication of the easement.

ZONING AMENDMENT, PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: August 8, 2013

MASTER REAL ESTATE CLIENT AND LISTING REFERRAL AGREEMENT (US) Receiving Broker/Local Agent Information

Transcription:

ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of June 14, 2014 DATE: May 29, 2014 SUBJECT: Ordinance to Permit the Encroachments of: 1) A Portion of a Transformer Vault into an Existing Street and Utilities Easement within Wilson Boulevard; 2) A Portion of a Transformer Vault into an Existing Street and Utilities Easement within N. Nash Street; 3) A Portion of Transformer Vault into the Existing Right of Way of N. Nash Street; 4) A Portion of a Storm Water Management Vault into an Existing Street and Utilities Easement within Key Boulevard; 5) A Portion of a Storm Water Management Vault into an Existing Street and Utilities Easement within N. Nash Street; 6) A Portion of Garage into an Existing Street and Utilities Easement at the Corner of N. Oak Street and Key Boulevard; 7) A Portion of Garage into an Existing Street and Utilities Easement within N. Nash Street; 8) A Portion of Garage into the Existing Right of Way of N. Nash Street; 9) A Portion of Architectural Overhang into an Existing Street and Utilities Easement at the corner of N. Nash Street and Key Boulevard; and 10) A Portion of Architectural Overhang into an Existing Street and Utilities Easement within N. Nash Street; all such Encroachments Pertaining to Site Plan #429 for Property Bounded by N. Oak Street, Wilson Boulevard, N. Nash Street and Key Boulevard, Lots 1-5, 10-12, 14-19 and Part of Lots 6-9, 13 and 20, Colonial Heights, RPC #16-035-001 and #16-035-002, all with Conditions. Applicant: Owner: Agent: Monday Properties Services, LLC Oak Hills Property Associates, LLC Nash Street Property Associates, LLC Nan E. Walsh Walsh, Colucci, Lubeley, Emrich & Walsh, PC C. M. RECOMMENDATION: Enact the attached Ordinance to Permit the Encroachments of: 1) A Portion of a Transformer Vault into an Existing Street and Utilities Easement within Wilson Boulevard; 2) A Portion of a Transformer Vault into an Existing Street and Utilities Easement within N. Nash Street; 3) A Portion of Transformer Vault into the Existing Right of Way of N. Nash Street; 4) A Portion of a Storm Water Management Vault into an Existing Street and Utilities Easement within Key Boulevard; 5) A Portion of a Storm County Manager: ##### County Attorney: ***** 31. C. Staff: Linda Eichelbaum Collier, Maxine Cholmondeley, Real Estate Bureau, DES

Water Management Vault into an Existing Street and Utilities Easement within N. Nash Street; 6) A Portion of Garage into an Existing Street and Utilities Easement at the Corner of N. Oak Street and Key Boulevard; 7) A Portion of Garage into an Existing Street and Utilities Easement within N. Nash Street; 8) A Portion of Garage into the Existing Right of Way of N. Nash Street; 9) A Portion of Architectural Overhang into an Existing Street and Utilities Easement at the corner of N. Nash Street and Key Boulevard; and 10) A Portion of Architectural Overhang into an Existing Street and Utilities Easement within N. Nash Street; all such Encroachments Pertaining to Site Plan #429 for Property Bounded by N. Oak Street, Wilson Boulevard, N. Nash Street and Key Boulevard, Lots 1-5, 10-12, 14-19 and Part of Lots 6-9, 13 and 20, Colonial Heights, RPC #16-035-001 and #16-035-002, all with Conditions ( Attachment 1 ). ISSUES: This is a request by the Applicant and Owner for enactment of an ordinace authorizing multiple encroachments within existing Public Street and Utilities Easements and existing Public Rights of Way (Wilson Boulevard, N. Nash Street, Key Boulevard and N. Oak Street) along the periphery of the property that is the subject of a new Site Plan, Site Plan #429 ( Site Plan ). The enactment of the proposed Encroachment Ordinance will facilitate the development of the property under the proposed Site Plan. There are no outstanding issues related to this request. SUMMARY: The Applicant and Owner (collectively, Applicant ) have requested that the County Board enact an ordinance ( Ordinance ) to permit multiple (i.e., 10) encroachments within existing Public Street and Utilities Easements ( Easements ) and existing Public Rights of Way (Wilson Boulevard, N. Nash Street, Key Boulevard and N. Oak Street) along the periphery of the property that is the subject of the Site Plan and is located at 1401 Wilson Boulevard, RPC #16-035-001 and #16-035-002 ( Property ). Enacting the requested Ordinance allowing the proposed encroachments listed in the County Manager s recommendation ( Encroachments ) would permit development of the residential and office portions of the Site Plan. If enacted, and if the conditions are met by the Applicant, then the Ordinance would permit the Encroachments to be constructed, and continue in effect, until the structures encroaching into the Easements and into the Rights of Way are destroyed, removed, no longer in use, or not continuously and promptly maintained by the Applicant. BACKGROUND: The Applicant is seeking concurrent approval of Site Plan #429 to redevelop the 2.10 acre block of property that is defined by Key Boulevard to the north, North Nash Street to the east, Wilson Boulevard to the south, and North Oak Street to the west. See attached Vicinity Maps, Exhibits C-1, C-2 and C-3. Located within the Rosslyn Metro Station Area, the site is improved by two office buildings that were constructed in the 1960s. The Applicant proposes to construct a 24-story commercial building containing 513,004 square feet of office space and 11,131 square feet of retail space and a 28-story residential building containing 274 multi-family dwellings and 44,409 square feet of retail space. The subject Encroachments are along the Property boundary lines and generally are along the periphery of the Property which is the subject of the proposed development. Proposed Condition Number 17 of the Site Plan would require that the Applicant obtain the Ordinances and satisfy the Ordinance conditions related to each approved phase of construction before the issuance of certain building permits related to each phase. - 2 -

The parcels on which the Encroachments will be located are owned as follows: 1) RPC #16-035- 001 is owned by Oak Hills Property Associates LLC, by virtue of a Special Warranty Deed recorded among the Arlington County Land Records ( Land Records ) in Deed Book 3852 at Page 588; and 2) RPC #16-035-002 is owned by Nash Street Property Associates LLC by virtue of a Special Warranty Deed recorded among the Land Records in Deed Book 3852 at Page 576. Oak Hills Property Associates, LLC and Nash Street Property Associates LLC have consented to the Site Plan application and all related applications. DISCUSSION: In conjunction with redevelopment of the Property and construction of the buildings that are the subject of the Site Plan, the Applicant has requested enactment of the Ordinance to permit the construction of certain above and below ground structures, equipment and facilities, within County right of way or County Easements. The Encroachments are more specifically shown on: 1) a plat entitled 1401 Wilson Boulevard, Arlington, Virginia Encroachment Within Existing and Proposed ROW Exhibit prepared by VIKA Virginia LLC dated May 27, 2014, and attached hereto as Exhibit A-1 ( Plat ); and 2) portions of the architectural plans for 1401 Wilson Boulevard, dated May 27, 2014, attached hereto as Exhibit B-1 through B-5 (Exhibits B-1 through B-5, collectively Profile Drawings ), and are more particularly described as follows: 1) A portion of a transformer vault that would encroach into an existing Easement for Public Street and Utilities Purposes within Wilson Boulevard: designated as Item A on the Plat and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page 363. The Applicant has agreed to dedicate the area of this existing easement to the County, in fee simple, for public street and utilities purposes, as part of the Site Plan conditions. In accordance with the County s practice, no compensation will be required for the encroachment of this portion of the transformer vault. 2) A portion of a transformer vault that would encroach into an existing Easement for Public Street and Utilities Purposes within N. Nash Street: designated as Item B on the Plat and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page 363 and an Existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1591 at Page 26. The Applicant has agreed to dedicate the area of both of these existing easements to the County, in fee simple, for public street and utilities purposes, as part of the Site Plan conditions. In accordance with the County s practice, no compensation will be required for the encroachment of this portion of the transformer vault. 3) A portion of a transformer vault that would encroach into the existing Right of Way of N. Nash Street: designated as Item C on the Plat and encroaching into the Right of Way for N. Nash Street, which was dedicated to the County by Deed recorded among the Land Records in 1349 at Page 99, a Deed of Subdivision of Lots East of A and B Colonial Heights, Alexandria County, Virginia, dated August, 1919 and recorded in Deed Book 122 at Page 152 and a plat recorded among the Land Records in Deed Book 904 at Page 238. In accordance with the County s practice, no compensation will be required for the encroachment of this portion of the transformer vault. - 3 -

4) A portion of a storm water management vault that would encroach into an existing Easment for Public Street and Utilities Purposes within Key Boulevard: designated as Item D on the Plat, shown on Exhibit B-2 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1591 at Page 26. The Applicant has agreed to dedicate the area of this existing easement to the County, in fee simple, for public street and utilities purposes, as part of the Site Plan conditions. The Applicant has agreed to pay to the County $1,000.00 as compensation for the encroachment of this portion of the stormwater management vault. The amount was determined based upon an appraisal report from an independent appraiser, the Robert Paul Jones Company, dated May 22, 2014 ( Appraisal Report ). 5) A portion of a storm water management vault that would encroach into an existing Easement for Public Street and Utilities Purposes within N. Nash Street: designated as Item E on the Plat, shown on Exhibit B-3 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page 363. The Applicant has agreed to dedicate the area of this existing easement to the County, in fee simple, for public street and utilities purposes, as part of the Site Plan conditions. The Applicant has agreed to pay the County $14,000.00 as compensation for the encroachment of this portion of the storm water management vault. The amount was determined based upon the Appraisal Report. 6) A portion of a garage that would encroach into an existing Easement for Public Street and Utilities Purposes at the corner of N. Oak Street and Key Boulevard: designated as Item F on the Plat, shown on Exhibit B-4 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1591 at Page 26. The Applicant has agreed to dedicate the area of this existing easement to the County, in fee simple, for public street and utilities purposes, as part of the Site Plan conditions. The Applicant has agreed to pay the County $2,000.00 as compensation for the encroachment of this portion of the garage. The amount was determined based upon the Appraisal Report. 7) A portion of a garage that would encroach into an existing Easement for Public Street and Utilities Purposes within N. Nash Street: designated as Item G on the Plat, shown on Exhibit B- 5 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page 363. The Applicant has agreed to dedicate the area of this existing easement to the County, in fee simple, for public street and utilities purposes, as part of the Site Plan conditions. The Applicant has agreed to pay the County $352,000.00 as compensation for the encroachment of this portion of the garage. The amount was determined based upon the Appraisal Report. 8) A portion of a garage that would encroach into the existing Right of Way of N. Nash Street: designated as Item H on the Plat, shown on Exhibit B-5 in profile, and encroaching into the Right of Way for N. Nash Street, which was dedicated to the County by Deed recorded among the Land Records in 1349 at Page 99, a Deed of Subdivision of Lots East of A and B Colonial Heights, Alexandria County, Virginia, dated August, 1919 and recorded in Deed Book 122 at Page 152 and a plat recorded among the Land Records in Deed Book 904 at Page 238. - 4 -

The Applicant has agreed to pay the County $100,000.00 as compensation for the encroachment of this portion of the garage. The amount was determined based upon the Appraisal Report. 9) A portion of an architectural overhang that would encroach into an existing Easment for Public Street and Utilities Purposes at the corner of N. Nash Street and Key Boulevard: designated as Item I on the Plat, shown on Exhibit B-1 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1591 at Page 26. The Applicant has agreed to dedicate the area of this existing easement to the County, in fee simple, for public street and utilities purposes, as part of the Site Plan conditions. The Applicant has agreed to pay the County $1,000.00 as compensation for the encroachment of this architectural overhang. The amount was determined based upon the Appraisal Report. 10) A portion of an architectural overhang that would encroach into an existing Easement for Public Street and Utilities Purposes within N. Nash Street: designated as Item J on the Plat, shown on Exhibit B-5 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page 363. The Applicant has agreed to dedicate the area of this existing easement to the County, in fee simple for public street and utilities purposes, as part of the Site Plan conditions. The Applicant has agreed to pay the County $3,000.00 as compensation for the encroachment of this architectural overhang. The amount was determined based upon the Appraisal Report. Legal and Physical Description: The descriptions, for each Encroachment, are included in the attached Ordinance. Public Notice: Public notice was given in accordance with the Code of Virginia. Notices regarding the Encroachments were placed in the May 20, 2014 and May 27, 2014 issues of the Washington Times for the June 14, 2014 County Board meeting. Compensation: The Applicant has agreed to pay the County a total of $473,000.00, at the times, and in the amounts, required by the Ordinance, as compensation for the Encroachments. The amount was determined by the Appraisal Report. The amount of compensation attributable to each requested Encroachment is set forth above and in the Ordinance. FISCAL IMPACT: The County will receive $473,000.00 from the Applicant as compensation for the Encroachments. The amount will be tendered by the Applicant and deposited in the County s General Fund, at the times, and in the amounts, required by the Ordinance. - 5 -

ATTACHMENT 1 ORDINANCE TO PERMIT THE ENCROACHMENTS OF: 1) A PORTION OF A TRANSFORMER VAULT INTO AN EXISTING STREET AND UTILITIES EASEMENT WITHIN WILSON BOULEVARD; 2) A PORTION OF A TRANSFORMER VAULT INTO AN EXISTING STREET AND UTILITIES EASEMENT WITHIN N. NASH STREET; 3) A PORTION OF TRANSFORMER VAULT INTO THE EXISTING RIGHT OF WAY OF N. NASH STREET; 4) A PORTION OF A STORM WATER MANAGEMENT VAULT INTO AN EXISTING STREET AND UTILITIES EASEMENT WITHIN KEY BOULEVARD; 5) A PORTION OF A STORM WATER MANAGEMENT VAULT INTO AN EXISTING STREET AND UTILITIES EASEMENT WITHIN N. NASH STREET; 6) A PORTION OF GARAGE INTO AN EXISTING STREET AND UTILITIES EASEMENT AT THE CORNER OF N. OAK STREET AND KEY BOULEVARD; 7) A PORTION OF GARAGE INTO AN EXISTING STREET AND UTILITIES EASEMENT WITHIN N. NASH STREET; 8) A PORTION OF GARAGE INTO THE EXISTING RIGHT OF WAY OF N. NASH STREET; 9) A PORTION OF ARCHITECTURAL OVERHANG INTO AN EXISTING STREET AND UTILITIES EASEMENT AT THE CORNER OF N. NASH STREET AND KEY BOULEVARD; AND 10) A PORTION OF ARCHITECTURAL OVERHANG INTO AN EXISTING STREET AND UTILITIES EASEMENT WITHIN N. NASH STREET; ALL SUCH ENCROACHMENTS PERTAINING TO SITE PLAN #429 FOR PROPERTY BOUNDED BY N. OAK STREET, WILSON BOULEVARD, N. NASH STREET AND KEY BOULEVARD, LOTS 1-5, 10-12, 14-19 AND PART OF LOTS 6-9, 13 AND 20, COLONIAL HEIGHTS, RPC #16-035-001 AND #16-035-002, ALL WITH CONDITIONS: BE IT ORDAINED by the County Board of Arlington County, Virginia, that the Applicant, Monday Properties Services, LLC, as the developer of the project known as 1401 Wilson Boulevard, Site Plan #429 ( Site Plan ), RPC #16-035-001 and #16-035-002 ( Project ), with the consent of Oak Hills Property Associates, LLC, owner of RPC #16-035-001, and Nash Street Property Associates, LLC, owner of RPC #16-035-002 (collectively, applicant and owners known as Applicant ), is hereby permitted to construct portions of the following structures within the following Easements for Public Street and Utilities Purposes and within the following existing Rights of Way, as designated below and as further shown on: 1) a plat attached to the County Manager s May 29, 2014 Report, entitled 1401 Wilson Boulevard, Arlington, Virginia Encroachment Within Existing and Proposed ROW Exhibit prepared by VIKA Virginia LLC, dated June 4, 2014, and attached hereto as Exhibit A-1 ( Plat ); and 2) portions of the architectural plans for 1401 Wilson Boulevard, dated May 27, 2014,and attached hereto as Exhibit B-1 through B-5 (Exhibits B-1 through B-5, collectively Profile Drawings ): 1) A portion of a transformer vault encroaching approximately 482 square feet into an existing Easement for Public Street and Utilities Purposes within Wilson Boulevard: designated as Item A on the Plat and encroaching into an existing Easement for Public Street and Utilities - 6 -

Purposes recorded among the Land Records in Deed Book 1510 at Page 363. No compensation is required for the encroachment of this portion of the transformer vault. 2) A portion of a transformer vault encroaching approximately 1,363 square feet into an existing Easement for Public Street and Utilities Purposes within N. Nash Street: designated as Item B on the Plat and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page 363 and an Existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1591 at Page 26. No compensation is required for the encroachment of this portion of the transformer vault. 3) A portion of a transformer vault encroaching approximately 309 square feet into the existing Right of Way of N. Nash Street: designated as Item C on the Plat and encroaching into the Right of Way for N. Nash Street, which was dedicated to the County by Deed recorded among the Land Records in 1349 at Page 99, a Deed of Subdivision of Lots East of A and B Colonial Heights, Alexandria County, Virginia, dated August, 1919 and recorded in Deed Book 122 at Page 152 and a plat recorded among the Land Records in Deed Book 904 at Page 238. In accordance with the County s practice, no compensation will be required for the encroachment of this portion of the transformer vault. 4) A portion of a storm water management vault encroaching approximately 24 square feet into an existing Easment for Public Street and Utilities Purposes within Key Boulevard: designated as Item D on the Plat, shown on Exhibit B-2 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1591 at Page 26. The Applicant has agreed to pay to the County $1,000.00 as compensation for the encroachment of this portion of the storm water management vault. 5) A portion of a storm water management vault encroaching approximately 452 square feet into an existing Easement for Public Street and Utilities Purposes within N. Nash Street: designated as Item E on the Plat, shown on Exhibit B-3 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page 363. The Applicant has agreed to pay the County $14,000.00 as compensation for the encroachment of this portion of the storm water management vault. 6) A portion of a garage encroaching approximately 12 square feet into an existing Easement for Public Street and Utilities Purposes at the corner of N. Oak Street and Key Boulevard: designated as Item F on the Plat, shown on Exhibit B-4 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1591 at Page 26. The Applicant has agreed to pay the County $2,000.00 as compensation for the encroachment of this portion of the garage. 7) A portion of a garage encroaching approximately 1,832 square feet into an existing Easement for Public Street and Utilities Purposes within N. Nash Street: designated as Item G on the Plat, shown on Exhibit B-5 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page - 7 -

363. The Applicant has agreed to pay the County $352,000.00 as compensation for the encroachment of this portion of the garage. 8) A portion of a garage encroaching approximately 521 square feet into the existing Right of Way of N. Nash Street: designated as Item H on the Plat, shown on Exhibit B-5 in profile, and encroaching into the Right of Way for N. Nash Street, which was dedicated to the County by Deed recorded among the Land Records in 1349 at Page 99, a Deed of Subdivision of Lots East of A and B Colonial Heights, Alexandria County, Virginia, dated August, 1919 and recorded in Deed Book 122 at Page 152 and a plat recorded among the Land Records in Deed Book 904 at Page 238. The Applicant has agreed to pay the County $100,000.00 as compensation for the encroachment of this portion of the garage. 9) A portion of an architectural overhang encroaching approximately 162 square feet into an existing Easment for Public Street and Utilities Purposes at the corner of N. Nash Street and Key Boulevard: designated as Item I on the Plat, shown on Exhibit B-1 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1591 at Page 26. The Applicant has agreed to pay the County $1,000.00 as compensation for the encroachment of this portion of the architectural overhang. 10) A portion of an architectural overhang encroaching approximately 711 square feet into an existing Easement for Public Street and Utilities Purposes within N. Nash Street: designated as Item J on the Plat, shown on Exhibit B-5 in profile, and encroaching into an existing Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 1510 at Page 363. The Applicant has agreed to pay the County $3,000.00 as compensation for the encroachment of this portion of the architectural overhang. The encroachments described above and all equipment and facilities contained therein (collectively, Encroachments ; individually Encroachment ), are only permitted to serve the buildings authorized by the Site Plan, approved by the County Board on June 14, 2014, and any approved amendments thereto. The dimensions, the elevations, the depth below grade, the spatial location, and the characteristics of the permitted Encroachments are shown on the Plats and Profile Drawings. No other structures are permitted to be installed or constructed by Applicant, or to exist within the County property and within the property interests shown and depicted on the Plat and Profile Drawings. BE IT FURTHER ORDAINED that this permission, as to each Encroachment, shall continue until such time as such Encroachment, encroaching within the public right-of-way or public easements is destroyed, removed, no longer in use, or not continuously and promptly maintained by the Applicant. Nothing in this Ordinance shall be construed either: to allow the installation by Applicant of any structure other than those structures permitted within the areas as shown on the Plat and the Profile Drawings; or to allow any greater encroachment beyond the dimensions and spatial area shown on the Plat and the Profile Drawings. BE IT FURTHER ORDAINED that the Applicant, its successors and assigns, shall continuously and promptly maintain the Encroachments, and maintain, restore, repair, and - 8 -

replace all County owned facilities, within and adjacent to the public right of way and public easements, including any sidewalk, curb and gutter, and paved surface, which are damaged by, or as a result of, the installation, construction, maintenance, destruction, continued existence, repair, replacement or removal of the Encroachments, in accordance with Site Plan #429 and all applicable County standards. BE IT FURTHER ORDAINED that this Ordinance shall not be construed to release the Applicant, its successors and assigns, of negligence on their part on account of any Encroachment, and the Applicant, by constructing, or causing to be constructed and by continuing to have the Encroachments within the public right of way and public easements, thereby agrees for itself, its successors and assigns, to indemnify and hold harmless the County Board of Arlington County, Virginia and County officials, officers, employees, and agents from all claims, negligence, damages, costs and expenses arising out of the installation, construction, maintenance, destruction, continued existence, repair and removal of the Encroachments, and the permission for the Encroachments to encroach into the public right of way and public easements granted by this Ordinance. BE IT FURTHER ORDAINED that the Encroachments, and the satisfaction of the conditions related to each Encroachment authorized by this Ordinance (Number 1 through 10 above) may be completed in association with the phase of the site plan project, as determined by an approved phasing plan, if any, authorized by Site Plan #429. Each Encroachment may be permitted upon satisfaction of all conditions related to that particular encroachment. BE IT FURTHER ORDAINED that no construction of any portion of the Encroachments permitted by this Ordinance shall commence until the Applicant has: 1. Either: a) paid to the County the total sum of $473,000.00, as compensation for all of the Encroachments authorized by this Ordinance; or b) if a phasing plan is approved pursuant to Condition No. 5 of Site Plan #429, paid to the County all compensation specified by this Ordinance as compensation for all Encroachments to be constructed as part of the authorized phase; and 2. Either: a) obtained approval from the Director of the Department of Environmental Services, or his designee, of a final plat depicting all of the Encroachments authorized by this Ordinance; or b) if a phasing plan is approved pursuant to Condition No. 5 of Site Plan #429, obtained approval from the Director of the Department of Environmental Services, or his designee, of a final phase plat depicting all Encroachments to be constructed as part of the authorized phase; and 3. Recorded a final plat that meets the requirements of this condition, along with a certified copy of this Ordinance, among the land records of the Arlington County Circuit Court, and delivered evidence of such recording to the Real Estate Bureau Chief, Department of Environmental Services. Each recorded plat shall clearly indicate, on the face thereof, the Encroachments that are the subject of the plat and the Encroachments for which the Ordinance conditions have been satisfied. - 9 -

BE IT FURTHER ORDAINED that the permissions to encroach authorized by this Ordinance shall expire on June 14, 2017 ( Expiration Date ) as to each Encroachment for which the required conditions have not been satisfied as of 5:00 pm on the Expiration Date. - 10 -

N OAK ST Vicinity Map Multiple Encroachments Related to a Proposed Amendment to Site Plan #429 1401 Wilson Boulevard RPC # 16035001 & 16035002 N COLONIAL TER KEY BLVD N NASH ST FORT MYER DR 18TH ST N WILSON BLVD CLARENDON BLVD 0 100 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 2013 Commonwealth of Virginia Map prepared by Arlington County GIS Mapping Center Produced and May 2014

Vicinity Map Multiple Encroachments Related to a Proposed Amendment to Site Plan #429 1401 Wilson Boulevard RPC # 16035001 & 16035002 ER NIAL T N COLO KEY BLVD N NAS H ST ER D R FORT MY 18TH ST N N O AK S T B WILSON DO EN R A CL LVD LVD NB 0 100 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 2013 Commonwealth of Virginia Map prepared by Arlington County GIS Mapping Center Produced and May 2014

N QUEEN ST N N PIERCE ST N OAK ST N MOORE ST N LYNN ST Vicinity Map Multiple Encroachments Related to a Proposed Amendment to Site Plan #429 1401 Wilson Boulevard RPC # 16035001 & 16035002 21ST ST N PIERCE CT INTERSTATE 66 LEE HWY N COLONIAL TER N COLONIAL CT N NASH ST N ODE ST 19TH ST N KEY BLVD N KENT ST 18TH ST N FORT MYER DR 17TH ST N CLARENDON BLVD 16TH RD N 16TH ST N FAIRFAX DR 0 300 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 2013 Commonwealth of Virginia Map prepared by Arlington County GIS Mapping Center Produced and May 2014 ARLINGTON BLVD N MEADE ST /