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HomeMy Public PortalAbout2014_02_25_O006 Vacating a Portion of 3rd Street SW The Town of Leesburg, (Virginia PRESENTED: February 25, 2014 ORDINANCE NO. 2014-0-006 ADOPTED: February 25, 2014 AN ORDINANCE: VACATING A PORTION OF 3rd STREET, PURSUANT TO CODE OF VIRGINIA(1950)AS AMENDED, SECTIONS 15.2-2006 AND CONVEYING THE TOWN'S INTEREST IN THE VACATED RIGHT-OF-WAY TO TWO (2)ABUTTING PROPERTY OWNERS WHEREAS, the Town of Leesburg, Virginia("Town") is the owner of certain right-of- way comprising a portion of 3rd Street situate in the Town, containing 0.0772 acres (3363 square feet) of land (the "Right-of-Way"), as shown on a plat attached hereto and incorporated herein by reference dated December 20, 2013, revised through February 19, 2014, entitled, "PLAT SHOWING VACATION OF A PORTION OF 3RD STREET, RESUBDIVISION AND SHARED ACCESS EASEMENT ON LOT 17A AND 18A, WAVERLY HEIGHTS tov SUBDIVISION" (the "Plat"),prepared by Schools & Townsend, P.C., of Manassas, Virginia; the Town having acquired the right-of-way by plat of Waverley Heights Subdivision dated October 4, 1909, recorded in Deed Book 8 I at Page 474, among the Land Records of the Loudoun County Circuit Court; and WHEREAS,two (2)property owners whose lots abut the right-of-way, Steven P. Green ("Green"), owner of 713 King St., Leesburg, Virginia, PIN 232-46-8417 and Estera Warrick ("Warrick"), owner of 711 King St., Leesburg, Virginia, PIN 232-46-8622, have filed a joint application with the Town to vacate the portion of right-of-way, as depicted on the Plat, and once vacated, for the Town to convey one-half of the right-of-way to Warrick and one-half to Green; and C -2- AN ORDINANCE: VACATING A PORTION OF 3rd STREET, PURSUANT TO CODE OF VIRGINIA (1950)AS AMENDED, SECTION 15.2-2006,AND CONVEYING THE TOWN'S INTEREST IN THE VACATED RIGHT-OF-WAY TO TWO (2)ABUTTING PROPERTY OWNERS WHEREAS, a street has not been constructed within the right-of-way,the right-of-way is not depicted on the Town Plan and the Director of the Department of Public Works has determined that there is no public need for the right-of-way; and WHEREAS, additionally, the Town's Land Acquisition Manager has determined that the public right-of-way has nominal fair market value and nominal contributory value to the applicants; and WHEREAS,pursuant to Sections 15.2-2006 and 15.2-2008 of the Code of Virginia of 1950, as amended,the Town Council is authorized, and so desires,to vacate that portion of public right-of-way as depicted on the Plat and convey the right-of-way at no cost to the Cr, applicants; and WHEREAS, after the publication of notice of the hearing on the application, a public hearing was held on February 25, 2014; and WHEREAS,no persons appeared at the public hearing in opposition to the joint application to vacate the public right of way. THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia: SECTION I. That portion of 3rd St. containing approximately 0.0772 acres (3363 square feet) and depicted on the Plat dated December 20, 2013, revised through February 19, 2014, entitled, "PLAT SHOWING VACATION OF A PORTION OF 3RD STREET, RESUBDIVISION AND SHARED ACCESS EASEMENT ON LOT 17A AND 18A, -3- AN ORDINANCE: VACATING A PORTION OF 3`d STREET, PURSUANT TO CODE OF VIRGINIA (1950)AS AMENDED, SECTION 15.2-2006,AND CONVEYING THE TOWN'S INTEREST IN THE VACATED RIGHT-OF-WAY TO TWO (2) ABUTTING PROPERTY OWNERS WAVERLY HEIGHTS SUBDIVISION" (the "Plat"), and prepared by Schools& Townsend, P.C., of Manassas,Virginia, is hereby vacated. SECTION II. The letter dated November 19, 1996, from Steven C. Brown, Town Manager for the Town addressed to "To Whom It May Concern"authorizing the parking of vehicles on the public right-of-way known as 3rd St. is hereby revoked and invalidated. SECTION III. The area of land vacated shall be conveyed by the Town, by deed to the applicants equally; one-half, approximately 0.0386 acres (1681.50 square feet)to Green and one- half, approximately 0.0386 acres (1681.50 square feet)to Warrick. SECTION IV. No purchase price shall be paid by the applicants to the Town for the (iv conveyance of the right-of-way. The applicants shall pay all costs required as set forth in Code of Virginia, Section 15.2-2008. SECTION V. The Mayor is authorized to sign and deliver any Deed or other ancillary legal instrument necessary to evidence or carry out the conveyance of right-of-way as described in this Ordinance, provided such Deed and/or legal instrument has been reviewed and approved by the Town Attorney. SECTION VI. This ordinance shall be effective upon its adoption. SECTION VII. This ordinance shall be recorded among the Land Records of the Loudoun County Circuit Court,no sooner than sixty (60) days following its adoption. C -4- AN ORDINANCE: VACATING A PORTION OF 3rd STREET, PURSUANT TO CODE OF 411, VIRGINIA (1950)AS AMENDED, SECTION 15.2-2006, AND CONVEYING THE TOWN'S INTEREST IN THE VACATED RIGHT-OF-WAY TO TWO (2)ABUTTING PROPERTY OWNERS ORDAINED this 25th day of February, 2014. -n C. mstattd, Mayor Town of Leesburg ATTEST', Clerk of Coi nail COMMONWEALTH OF VIRGINIA COUNTY OF LOUDOUN, to wit: I,the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Kristen C. Umstattd as Mayor of the Town of Leesburg, Virginia, whose name is signed to the foregoing Ordinance, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this2 day of fa.d 2014. r /)L„�`JV�` Notary Public ' ( it My commission expires: a . 3i ;,-0 / _ > C h of Virginia Nobly/Public Commission No.341163 I My Commission Moires 61311Xn4 smovempoirlipleftkimpolewaps P:\Ordinances\2014\0225 Vacating a Portion of 3rd Street.docx