HomeMy Public PortalAbout1984_04_11_R056The Town of Leesburg in Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED April 11, 1984
84-56 " ADOPTED April 11, 1984
CONSENTING TO VACATION OF LOTS 5, 6, 7 AND 8 AND OF EAST FENTON
AND SOUTH SPENCER STREETS IN WOODBURY DOWNS SUBDIVISION
WHEREAS, Solomon Feldman was the owner of a parcel of land which was platted
and shown on a plat recorded in Deed Book 1 at Page 95 in the Circuit Court of
Loudoun County, Virginia, which plat purported to subdivide and dedicate Lots 1
through 8, inclusive, Woodbury Downs, including the dedication therein of East
Fenton Street and South Spencer Street, all as shown on the said plat; and
WHEREAS, the said Solomon Feldman did not sign the plat but, since the
date of the recordation of the same, Feldman has treated the property as sub-
divided and conveyed off certain portions of the property as if it was an ap-
proved subdivision; and
WHEREAS, Feldman, Edward J. Finnegan, Elizabeth D. Whiting and Lucille E.
Barnes are now the owners of all of the lots shown on the said plat, and Glen C.
Baker, Betty M. Baker, Kenneth K. Mullins and Betty V. Mullins are the owners of
a portion of the property lying in South Spencer Street; and
WHEREAS, all of the parties hereinbefore mentioned have treated the property
as a de facto subdivision; and
WHEREAS, Feldman desires to vacate Lots 5, 6, 7 and 8, Woodbury Downs; and
WHEREAS, Feldman, Finnegan, Whiting, Barnes, Baker and Mullins all desire to
vacate all of East Fenton Street and South Spencer Street, as shown on the plat
recorded in Plat Book 1 at Page 95 in the Circuit Court of Loudoun County, Vir-
ginia; and
WHEREAS, it is the desire of the parties that the fee simple title to all of
the land lying in East Fenton Street shall, upon the adoption of this resolution
RESOLUTION:
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VACATION OF CERTAIN LOTS AND STREETS IN WOODBURY DOWNS SUBDIVISION
and the recordation of the Deed of Vacation executed by the parties dated the
10th day of February , 1984, revert to Feldman, and that the fee simple
title to all of the property lying in South Spencer Street as shown on the said
plat, upon the execution of this agreement shall revert to Feldman, with the ex-
ception of the portion of South Spencer Street previously conveyed by Feldman to
Bakers' and Mullinses' predecessors in title; and
WHEREAS, the Town of Leesburg, a body politic, has been requested to adopt
this resolution and consent to the vacation of Lots 5, 6, 7 and 8, Woodbury Downs,
and to the vacation of East Fenton Street and South Spencer Street, in accordance
with the provisions of Section 15.1-484 of the 1950 Code of Virginia, as amended;
and
WHEREAS, while it is questionable whether or not such consent is necessary
in order to vacate a subdivision plat which has no statutory validity, the Coun-
cil is willing to consent to such vacation in order to help resolve the title
problems which have been raised because of the presence of the plat among the
land records for Loudoun County and for no other reason, and such consent shall
not be construed to impose on the town any responsibilities which might have
arisen if the plat had been a legally approved plat:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Council does hereby consent to the vacation of Lots 5, 6, 7 and 8, Wood-
bury Downs, and to the vacation of East Fenton Street and South Spencer Street in
accordance with the provisions of Section 15.1-484 of the 1950 Code of Virginia,
as amended, and hereby authorizes the town manager to execute a Deed of Vacation
for the same, to be recorded among the land records of Loudoun County, Virginia.
RESOLUTION:
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VACATION OF CERTAIN LOTS AND STREETS IN WOODBURY DOWNS SUBDIVISION
PASSED this
ATTEST:
llth day of April
, 1984.
Robert E. Sevila, Mayor
Town of Leesburg