19940628 1994-13ORDINANCE NO. 1994 - 13
AN ORDINANCE VACATING HOLBROOK AVENUE AND A
PORTION OF CRABLE DRIVE, WITH CONDITIONS, WITHIN
THE CITY OF FAIRFAX, VIRGINIA PURSUANT TO SECTION
15.1-364 OF THE CODE OF VIRGINIA, AS AMENDED.
1. WHEREAS, the Pulte Home Corporation, contract purchaser of the hereinafter
described property, have filed with the City a written application, as amended,
pursuant to Section 15.1-364 of the Code of Virginia, to have vacated Holbrook
Avenue and a portion of Crable Drive, located within the City of Fairfax, Virginia;
and
WHEREAS, after publication of a notice of intention to vacate, notification of
land proprietors affected thereby, a public hearing on the proposed ordinance, and
:onsideration of other evidence, the Council has reached a decision of the application.
NOW, THEREFORE, be it ordained by the City Council of the City of
Fairfax, Virginia that, subject to the conditions hereafter provided, the following
streets more fully described as follows are hereby vacated.
A. Holbrook Avenue as more fully described on a plat entitled "Plat - Paul
J. I.andgraff Subdivision, Town of Fairfax, Fairfax County, Virginia," dated
December 10, 1948, prepared by Carson V. Carlisle, Certified 1.and Surveyor, and
recorded in Deed Book 691, Page 53, in the land records of the Fairfax County
Circuit Court, which portion to be vacated is 375.13 feet in length and of variable
width, between 50 feet and 100.02 feet. Such portion is further described on a plat
entitled, "Plat Showing Vacation of Crable Drive and Holbrook Avenue, City of
Fairfax, Virginia," dated March 1994, and in a metes and bounds description dated
May 16, 1994, each prepared by Dewberry and Davis, copies of which plats and
description are attached to this Ordinance and incorporated herein; and
B. A portion of Crable Drive from Sager Avenue to the Sideburn right-of-
way as more fully described in documents recorded in the Record of Roads Book,
1860-1903, Pages 515 through 519, in the land records of the Fairfax County Circuit
Court, which portion is approximately 310 feet in length and of variable width. Such
portion is further described on a plat entitled, "Plat Showing Vacation of Crable
Drive and Holbrook Avenue, City of Fairfax, Virginia," dated March 1994, and in a
metes and bounds description dated May 16, 1994, each prepared by Dewberry and
Davis, copies of which plat and description are attached to this Ordinance and
incorporated herein; and
C. LESS AND EXCEPT all recorded easements, if any, which presently
exist to the benefit of the City of Fairfax within Holbrook Avenue and Crable Drive,
and rights in and around existing City utilities, if any, within the boundaries of
Holbrook Avenue and Crable Drive for which no recorded easements exist, until such
time as such utilities are relocated with the consent of the City.
2. This Ordinance is subject to the condition that the commencement of the
development (which shall mean the issuance of building permits for the initial units
and initiation of construction) being proposed for Holbrook Avenue and the portion of
Crable Drive to be vacated occurs within eighteen (18) months of the expiration of
any appeal period of any challenge to the adoption of this Ordinance if no appeal has
been filed. If an appeal is filed, the eighteen (18) month period for commencement of
development shall begin after final judicial affirmation of the vacation. If
commencement of development does not begin within the applicable period, then the
vacation shall, at the option of Council, become null and void.
I
1994-13
3. The vacation shall become effective if and when the following have occurred:
A. The application of the Pulte Home Corporation for a Zoning Map
Amendment, Case No. Z-755-94-1, dated February 18, 1994, as amended, requesting
that property shown on City of Fairfax Tax Map Nos. 57-4-((2))-134, 134A, 135 and
57-4-((10))-1 through 15 (the "Property") has been granted, and the Property has been
rezoned from C-l, C-2 and R-3 zoning districts to the PD(,p) zoning district; and
B. All special use permits and special exceptions required to permit the
development of the Property consistent with the rezoning thereof described in
Paragraph 3A. above have been granted: and
4. After the conditions herein are met and the vacation described herein becomes
effective, the City Clerk shall cause a certified copy of this Ordinance to be recorded
in the land records of the Fairfax County Circuit Court and indexed in the name of
the City of Fairfax, Virginia, as grantor, and the Sager Fairfax Limited Partnership, a
Virginia limited partnership, or its assignee or successions in rifle, as grantee.
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INTRODUCED ·
PUBLIC HEARING ·
ADOPTED ·
June 14, 1994
June 28, 1994
June 28, 1994
ATTEST:
- 0- CtI~ Clerk
Ordinance 1994-13
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ATTACHMENT 2
q-
! ;
Ordinance 1994-13
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May 16, 1994
DESCRIPTION OF
CRABLE DRIVE AND HOLBROOK AVENUE
TO BE VACATED
CITY OF FAIRFAX, VIRGINIA
Beginning at a point on the southerly line of Sager Avenue marking the
northwesterly corner of Sager Fairfax Limited Partnership; thence departing Sager Avenue
with the westerly lines of Sager Fairfax Limited Partnership the following courses: S 16°
21' 03" W, 257.04 feet; S 73041' 46" E, 10.00 feet; S 16° 18' 14" W, 42.48 feet and S 04°
43' 13" W, 16.39 feet to a point marking the northernmost corner of Lot 2, Block 9,
Section One, Green Acres; thence crossing Sideburn Road N 49° 20' 41" W, 41.28 feet
and N 74" 41' 27" W, 5.71 feet to a point marking the southeast corner of Lot 15, Paul
J. Landgraff Subdivision; thence running with the lines of the said Lot 15 and continuing
with the lines of Lots 14, 13, 12 and 11 of the said Landgraff Subdivision the following
courses: N 16° 21' 03" E, 57.67 feet; with a curve to the left whose radius is 25.00 feet
and whose chord is N 28° 38' 57" W, 35.36 feet, an ar, c distance of 39.27 feet; N 73° 38'
57" W, 324.22 feet and with a curve to the left whose radius is 25.00 feet and whose
chord is S 60° 49' 50" W, 35.68 feet, an arc distance of 39.72 feet to a point on the
easterly line of East Street; thence crossing Holbrook Avenue with the easterly line of East
Street N 15° 18' 33"' E, 100.02 feet to a corner of Lot 6 of the said Landgraff Subdivision,
marking the intersection with the northerly line of Holbrook Avenue; thence running with
the lines of Lots 6 through 10 and Lot 5 of the said Landgraff Subdivision the following
courses: with a curve to the left whose radius is 25.00 feet and whose chord is S 29° 10'
12" E, 35.03 feet, an arc distance of 38.82 feet; S 73038, 57" E, 326.04 feet; with a curve
to the left whose radius is 25.00 feet and whose chord is N 61° 21' 03" E, 35.36 feet, an
arc distance of 39.27 feet; N 16° 21' 03" E, 116.00 feet and with a curve to the left whose
radius us 25.00 feet and whose chord is N 28° 38' 57" W, 35.36 feet, an arc distance of
39.27 feet to a point on the aforementioned southerly line of Sager Avenue; thence
Dewberry & Davis
Ordinance 1994-13 -5
.Description of Crable Drive, Holbrook Avenue
and a portion of East Street
May 16, 1994
Page 2
running with the southerly line of Sager Avenue S 73° 38' 57" E, 55.00 feet to the point
of beginning, containing 29,091 square feet or 0.66784 acres of land.
All being more particularly described on a plat attached hereto and made a part
hereof.
Given under my hand this 16th day of May, 1994.
Dewberry & Davis