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HomeMy Public PortalAbout1994_04_26_O013 The Town of Leesburg, Virginia ORDINANCE NO.94-0-13 AN ORDINANCE: APPROVING A VACATION OF SUBDIVISION BETWEEN FAIRVIEW STREET AND PERSHING AVENUE, NORTHWEST PRESENTED April 26, 199_4 ADOPTED April 26, 199,{ AN ALLEY IN THE FAIRVIEW WHEREAS, Richard L. Knight, Leona R. Rhodes, Mr. and Mrs. Leonard McDonald and Mr. and Mrs. H. David Saunders have requested that the Town vacate an existing alley in the Fairview Subdivision which was recorded in the Loudoun County Clerk's Office in 1922; and WHEREAS, the applicants desire to incorporate a quarter of the alley right-of-way to each of their lots, respectively; and WHEREAS, the land has not functioned as an alley for 70 years; and WHEREAS, a Town water line currently exists within the alley right-of-way; and WHEREAS, the subdivision was located outside the Corporate limits, but was later annexed; and WHEREAS, the applicants are fee simple owners of the lots which abut the said are3, for its entire length; and WHEREAS, pursuant to Section 15.1-482 of the 1950 Code of Virginia, as amended, Section 13, the Council is authorized to vacate the plat or part thereof on application of any individual person; and WHEREAS, the Council finds that the applicants are interested parties and are entitled to seek vacation of the alley; and WHEREAS, after the publication of the notice of the hearing on the application the Town Council held a public hearing on May 25, 1993; and WHEREAS no one appeared at the hearing in opposition to the petition; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The said alley and division line between the applicant's lots and alley are hereby vacated subject to the following conditions: AN ORDINANCE APPROVING THE VACATION OF AN ALLEY -2- ORDINANCE: APPROVING THE VACATION OF AN ALLEY 1. The applicants' execute deed of easement in the form outlined in the Design and Construction Standards Manual and approved by the Town Attorney conveying an easement for the present town installed water line in said alley with the right to encroach on Lots 1, 13A, 24 and 30 when repairing and maintaining the water line SECTION II. The Clerk of the Council shall record a certified copy of this ordinance in the Clerk's office after thirty (30) days has lapsed since the adoption of the ordinance and no appeal has been taken. The Director of Finance shall be given notification of the recordation. SECTION III. The charge for publication of the notice and recordation of this ordinance and deeds of easement shall be paid by the applicants. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 26th day of April, 1994. ATTEST: James E. Clem, Mayor Town of Leesburg O:all~,,way