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
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