19811124 1981-26 ORDINANCE NO. Z981-26
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF
PARCELS OF LAND DESCRIBED ItEREIN TO THE
COMMON%~ALTH OF VIRGINIA FOR THE PURPOSE OF ALTERING,
REPAIRING AND WIDENING PICKETT ROAD.
WHEREAS, the City of Fairfax, Virginia desires to convey to
the Commonwealth of Virginia for the purpose of altering,
repairing and widening Pickett Road within the City of Fairfax
Parcels 003, 008 and 038 being more particularly described as
fol lows:
PARCELS 003 and 008
Being as shown on Sheets 3, 4, 4B, 5, 5B, 5C, 5D and 5E
of the plans for Project U000-151-102, RW-201, and lying on
the east (left) side of and adjacent to the east side of a
53 foot easement dedicated for public use from the lands of
Fairfax County Water Authority opposite approximate
construction centerline Station 36+40 to a point in the
lands of the grantor opposite approximate Station 42+60;
also, lying on both sides of and adjacent to the said
centerline from a 53 foot easement dedicated for public use
at approximate Station 43+16 to the lands of R. J. L.
Associates, Inc. at approximate Station 52+20 and including
connection with relocated S cheurman Road and containing
150,642 square feet, more or less, land, of which 14,250
square feet, more or less, is included in the existing right
of ways and 136,392 square feet, more or less, is additional
land; said connection being further described as follows:
lying on both sides of and adjacent to the relocated
Scheurman Road centerline from a point at approximate
Station 10+00 to a point at approximate Station 15+13,
together with the temporary right and easement to use the
additional areas shown as being required for the proper
construction of cut and/or fill slopes, containing 31,282
square feet, more or less. Said temporary easements will
terminate at such time as the construction of the aforesaid
project is completed; al so, together with the permanent
right and easement to use the additional areas shown as
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being required for the proper construction and maintenance
of a portion of a channel change from opposite approximate
Relocated Pickett Road construction centerline Station 36+40
to opposite approximate Station 47+00, al so from at
approximate proposed channel change construction centerline
Station 100+86 to opposite approximate survey centerline
Station 112+25 and containing 283,795 square feet, more or
less; and being a part of the same land acquired by the
grantor from W. S. Hoge, Jr. and Elizabeth H. Hoge, his
wife, by Deed dated August 6, 1945 and recorded in Deed Book
460, page 404, Circle Towers Associates #1, a partnership,
by Deed dated October 1, 1973 and recorded in Deed Book
3967, page 417, Fairfax County Park Authority by Deed dated
August 11, 1965 and recorded in Deed Book 2949, page 622,
and R. J. L. Associates, Inc., a Virginia corporation, by
Deed dated November 2, 1972 and recorded in Deed Book 3767,
page 24, in the office of the Clerk of the Circuit Court of
Fairfax County.
PARCEL 038
Being as shown on Sheets 5B and 5C of the said plans
for Project U000-151-102, RW-201, and lying on the south
side of and adjacent to the lands of Circle Properties from
a point in the lands of the grantor at approximate proposed
channel change construction centerline Station 92+25 to the
lands of Circle Properties opposite approximate Station
97+08 and being the permanent right and easement to use the
aforesaid area shown as being required for the proper
construction and maintenance of a portion of a channel
change and containing 39,855 square feet, more or less; and
being a part of the same land acquired by the grantor from
W. S. Hoge, Jr. and Elizabeth H. Hoge, his wife, by Deed
dated August 6, 1945 and recorded in Deed Book 460, page
404, in the office of the Clerk of the Circuit Court of
Fairfax County; and
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terms:
WHEREAS, the said transfer shall be subject to the following
(a) The property shall be conveyed with Special Warranty of
Title; and
(b) The property shall be conveyed subject to a covenant
running with the land as follows:
and
This conveyance is made subject to the requirement that
the Commonwealth of Virginia utilize the property
conveyed herein for the sole purpose of constructing,
altering, improving, widening, relocating and repairing
Pickett Road within the City of Fairfax, Virginia,
%~q~EREAS, a public hearing on the proposed transfer of
Parcels 003, 008 and 038, has been held, and the City Council has
considered the proposals of the Cemmonwealth of Virginia, and the
testimony presented at the public hearing, and has reached its
decision on the proposed transfer and the terms and conditions
thereof; and
WHEREAS, the City Council, after due consideration, has
determined by a three-fouths affirmative vote that the transfer
of Parcels 003, 008 and 038, in accordance with the terms and
conditions herein is reasonable, proper and in the best interest
of the citizens of the City of Fairfax,
NOW, THEREFORE, BE IT ORDAINED THAT:
(1) Pursuant to Section 15.1-307, Code of Virginia, as
amended, and the Constitution of Virginia, the City of Fairfax,
Virginia, is authorized to transfer to the Cemmonweal th of
Virginia Parcels 003, 008 and 038 as specifically described
hereinabove; and
(2) The City of Fairfax, Vir§inia through its Mayor is
directed to execute such deed presented to the City by the
'.ommonwealth of Virginia and to do all such acts as are necessary
Lnd proper for the transfer of Parcels 003, 008 and 038 described
.~reinabove.
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This Ordinance shal 1 take effect immediately upon its
passage by a three-fourths affirmative vote of the City Council
of the City of Fairfax, Virginia.
ADOPTED:
ATTEST:
INTRODUCED: November 3, 1981
November 24, 1981
MAYOR