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HomeMy Public PortalAbout1999_09_14_O028The Town of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED September 14, 1999 99-0-28 ADOPTED September 14, 1999 AUTHORIZING THE VACATION OF A PORTION OF FORT EVANS ROAD RIGHT-OF-WAY ADJACENT TO THE POTOMAC STATION DEVELOPMENT WHEREAS, public road right-of-way was dedicated by the developers of Potomac Station to the Town of Leesburg along the south side of Fort Evans Road between the Sycamore Hills Development and River Creek Parkway; and WHEREAS, this right-of-way dedication was based on the location of the existing gravel road since final construction drawings for the improved road had not yet been prepared and approved; and WHEREAS, final construction drawings and dedication plats for improvements to Fort Evans Road titled Fort Evans Road Improvements Phase II have been prepared and have received conditional approval from the Town, VDOT, and Loudoun County; and WHEREAS, the public right-of-way required by the road alignment shown on the Fort Evans Road Improvements Phase II construction drawings and final plats is less than the right- of-way previously conveyed to the town at certain locations along the Fort Evans Road frontage of the Potomac Station Development; and WHEREAS, the developers of Potomac Station have requested that the portions of the right-of-way which was conveyed to the Town for Fort Evans Road that is not necessary for the construction and maintenance of the Fort Evans Road Improvements Phase II be vacated and returned to Potomac Station; and AN ORDINANCE: -2- AUTHORIZING THE VACATION OF A PORTION OF FORT EVANS ROAD RIGHT-OF-WAY ADJACENT TO THE POTOMAC STATION DEVELOPMENT WHEREAS, advertisement for a public hearing was published on September 1, 1999 and September 8, 1999 in Leesburg Today; and WHEREAS, a public heating was held on September 14, 1999 as required by Section 15.2-2006 of the 1950 Code of Virginia as amended; and WHEREAS, no person presented comments opposing or not supporting the proposed vacation; and WHEREAS, there is no inconvenience to the public that would result from discontinuing the subject portion of Fort Evans Road Right-of-Way. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The portions of Fort Evans Road Right-of-Way totaling 0.21476 acres or 9,355 square feet as shown on Plat No. FERP1A7.DWG entitled "Plat Showing Street Vacation and Storm Drainage, Temporary Utility and Temporary Grading Easements on the Properties of Goose Creek Communities, L.L.C. and Potomac Station Retail, L.L.C." dated June 7, 1999 and revised through July 23, 1999 prepared by William H. Gordon, Associates, Inc. are hereby vacated and are authorized to be conveyed to owners of the Potomac Station Development as indicated on said plat by a deed in a form approved by the Deputy Town Attorney. SECTION II. The 0.06955 acre or 3,030 square feet portion of Fort Evans Road Right- of-Way as shown on Plat No. FERP27D1.DWG entitled "Plat Showing Street Vacation and Storm Drainage, Temporary Utility and Temporary Grading Easements on the Property of Goose AN ORDINANCE: -3- AUTHORIZING THE VACATION OF A PORTION OF FORT EVANS ROAD RIGHT-OF-WAY ADJACENT TO THE POTOMAC STATION DEVELOPMENT Creek Communities, L.L.C." dated June 7, 1999 and revised through July 27, 1999 prepared by William H. Gordon Associates, Inc. is hereby vacated and is authorized to be conveyed to Goose Creek Communities, L.L.C. by a deed in a form approved by the Deputy Town Attorney. SECTION III. The portions of Fort Evans Road totaling 0.08574 acres or 3,735 square feet as shown on Plat No. FEPR27D2.DWG entitled "Plat Showing Street Dedication and Vacation and Storm Drainage, Temporary Utility and Temporary Grading Easements on the Property of Goose Creek Communities, L.L.C." dated June 7, 1999 and revised through July 27, 1999 prepared by William H. Gordon Associates, Inc. are hereby vacated and are authorized to be conveyed to Goose Creek Communities, L.L.C. by a deed in a form approved by the Deputy Town Attorney. SECTION IV. The 0.00987 acre or 430 square feet portion of Fort Evans Road Right-of- Way as shown on Plat No. FEPR27D3.DWG entitled "Plat Showing Street Vacation and Storm Drainage and Temporary Grading Easements on the Property of Goose Creek Communities, L.L.C." dated June 7, 1999 revised through July 27, 1999 prepared by William H. Gordon Associates, Inc. is hereby vacated and is authorized to be conveyed to Goose Creek Communities, L.L.C. by a deed in a form approved by the Deputy Town Attorney. SECTION V. A certified copy of this Ordinance of Vacation shall be recorded in the Loudoun County Circuit Court Clerk's office. SECTION VI. This Ordinance shall be in effect upon its passage. PASSED this 14th day of September, 1999. AN ORDINANCE: -4- AUTHORIZING THE VACATION OF A PORTION OF FORT EVANS ROAD RIGHT-OF-WAY ADJACENT TO THE POTOMAC STATION DEVELOPMENT AT~EST: Clerk of Council J~rnes E. Clem, Mayor Town of Leesburg O:FFEVANSRDROWVACATION