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HomeMy Public PortalAbout2014_07_08_O022 Vacating a Portion of Harrison Street The Town of Leesburg, Virginia PRESENTED: July 8, 2014 ORDINANCE NO. 2014-0-022 ADOPTED: July 8, 2014 AN ORDINANCE: VACATING A PORTION OF HARRISON STREET, SE, PURSUANT TO CODE OF VIRGINIA(1950)AS AMENDED, SECTIONS 15.2-200. AND 15.2-2008 AND CONVEYING THE TOWN'S INTEREST IN TH VACATED RIGHT-OF-WAY TO THE ABUTTING PROPERTY OWNER WHEREAS, the Town of Leesburg, Virginia("Town") is the owner of certain right-of- way comprising of a portion of Harrison Street, SE, situate in the Town, containing 0.02571 acres (1,120 square feet) of land(hereinafter referred to as "right-of-way"), as shown on a plat attached hereto and incorporated herein by reference dated July 24, 2013,revised through May 22, 2014, entitled, "PLAT SHOWING VACATION OF A PORTION OF HARRISON STREET, CONVEYANCE AND BOUNDARY LINE ADJUSTMENT ON THE PROPERTY OF GORDON K. MACDOWELL" (the "Plat"), prepared by Pennoni Associates, Inc., of Leesburg, Virginia; the Town having acquired the right-of-way from Market Station, LLC, by Deed of Dedication dated August 16, 1996,recorded in Deed Book 1450 at Page 1720, among the Land Records of the Loudoun County Circuit Court; and WHEREAS, the abutting property owner and owner of 204 South Street, SE, PIN 231- 28-9476, (hereinafter the "applicant"), has filed an application with the Town to vacate the right of-way, and once vacated,to acquire the right-of-way; and WHEREAS,the applicant has requested the vacation to accommodate expansion and development of an existing business; and -2- AN ORDINANCE: VACATING A PORTION OF HARRISON STREET, SE, PURSUANT TO CODE OF VIRGINIA(1950)AS AMENDED, SECTIONS 15.2-200: AND 15.2-2008 AND CONVEYING THE TOWN'S INTEREST IN TH 2 VACATED RIGHT-OF-WAY TO THE ABUTTING PROPERTY OWNER WHEREAS,the Town's Director of Public Works has determined that there is no public need for the Right-of-Way and that it is considered surplus; and WHEREAS,the Town's Land Acquisition Manager has appraised and determined the fair market value of the right-of-way; and WHEREAS, after a duly noticed public hearing and pursuant to Section 15.2-2006 of the Code of Virginia of 1950, as amended,the Town Council is authorized, and so desires,to discontinue and vacate the right-of-way as depicted on the Plat; and WHEREAS,pursuant to Section 15.2-2008 of the Code of Virginia of 1950, as amended, as a condition of the vacation,the Town Council may require the fractional portion of the right- of-way to be purchased by the applicant at a price no greater than property's fair market value WHEREAS,no persons appeared at the public hearing in opposition to the application to vacate the public right of way; and WHEREAS,the Town Council has carefully considered the recommendations of the Town staff and the testimony at the public hearing. THEREFORE,the Council of the Town of Leesburg in Virginia hereby ordains: SECTION I. That portion of Harrison St., SE, containing approximately 0.02571 acres (1,120 square feet) and depicted on the Plat dated July 24, 2013, revised through May 22, 2014, entitled, "PLAT SHOWING VACATION OF A PORTION OF HARRISON STREET, -3- AN ORDINANCE: VACATING A PORTION OF HARRISON STREET, SE, PURSUANT TO CODE OF VIRGINIA(1950)AS AMENDED, SECTIONS 15.2-200: AND 15.2-2008 AND CONVEYING THE TOWN'S INTEREST IN TH VACATED RIGHT-OF-WAY TO THE ABUTTING PROPERTY OWNER CONVEYANCE AND BOUNDARY LINE ADJUSTMENT" (the "Plat"), and prepared by Pennoni Associates, Inc., of Leesburg, Virginia, is hereby vacated upon the following conditions 1. The vacation is conditioned upon the payment by the applicant of the purchase price agreed upon by the applicant and the Town. The purchase price shall be $24,000 as set forth in the letter dated July 8, 2014 from Gordon K. MacDowell. Any terms as set forth in Gordon K. MacDowell's letter of offer dated July 8, 2014 inconsistent with the terms of this ordinance are hereby rejected; and 2. The vacation is conditioned upon the applicant acquiring an approved rezoning of the abutting property(TLZM 2013-0005); and 3. The purchase price must be paid by the applicant within thirty (30) days of the Town Council's approval of the rezoning of the abutting property (TLZM 2013-0005); and 4. The fee set forth in the Memorandum of Agreement between the Town and the Applicant for the use of the right-of-way dated August 30, 2013, shall be increased to $500 per month beginning September 1, 2014, if the closing of the sale of the right- of-way has not occurred within thirty (30) days of the approval of the rezoning by th= Town Council; and 5. The area of land vacated shall be conveyed by the Town to the applicant,by a quitclaim deed,prepared by the applicant, in a form approved by the Town Attorney; and -4- AN ORDINANCE: VACATING A PORTION OF HARRISON STREET, SE, PURSUANT TO CODE OF VIRGINIA(1950)AS AMENDED, SECTIONS 15.2-200: AND 15.2-2008 AND CONVEYING THE TOWN'S INTEREST IN TH VACATED RIGHT-OF-WAY TO THE ABUTTING PROPERTY OWNER 6. The Board of Architectural Review shall approve all structures on the area of vacation and adjacent property subject to the rezoning; and 7. The applicant shall pay all costs required as set forth in Code of Virginia, Section 15.2-2008, including costs of advertisements and the right-of-way vacation application fee. SECTION II. 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 III. This ordinance shall be effective upon its adoption. SECTION IV. A certified copy of this ordinance of vacation shall be recorded among the Land Records of the Loudoun County Circuit Court, indexed in the name of the locality, no sooner than sixty(60) days following its adoption. -4- AN ORDINANCE: VACATING A PORTION OF HARRISON STREET, SE, PURSUANT TO CODE OF VIRGINIA (1950)AS AMENDED, SECTIONS 15.2-200. AND 15.2-2008 AND CONVEYING THE TOWN'S INTEREST IN THE VACATED RIGHT-OF-WAY TO THE ABUTTING PROPERTY OWNER PASSED this 8t'day of July,2014. Irma-C. Umstattd, Mayor Town of Leesburg ATT ': Clerk of C: 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. �y GIVEN under my hand and seal this 11441,' day of , 2014. Notary Public dXA My commission expires: aU9,_,3/, D-0 151 Cluideemsatiar amummemeset et WIND Mop lei Com S Qluwlialso q!01014