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19951128 1995-28ORDINANCE NO. 1995 _2~ AN ORDINANCE VACATING BY DEED OF VACATION A WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT PREVIOUSLY GRANTED TO THE CITY OF FAIRFAX, VIRGINIA OVER PROPERTY OWNED BY THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY, VIRGINIA AND BELMONT RIDGE HOMEOWNERS ASSOCIATION, INC. DESCRIBED AS PORTIONS OF LOUDOUN COUNTY TAX MAP PARCEL NUMBERS 61/A/2/B, 61/A/3/D AND 61/A/4/E IN LOUDOUN COUNTY, VIRGINIA. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that the City of Fairfax consents, by Deed of Vacation attached hereto and made a part hereof, to the vacation of a waterline easement ten (10) feet in width along State Route 659 and twenty (20) feet in width along State Route 642 and a temporary construction easement (the "Easement") previously conveyed by CLMT Joint Venture to the City by Deed of Easement (Agreement) dated May 16, 1988 and recorded among the land records in the Loudoun County Circuit Court Clerk's office in Deed Book 966 at Page 1342. Such Easement was previously vacated to Sterling Land Corp. (a predecessor in title to the present owners of the underlying real property) and Belmont Ridge Homeowners Association, Inc. by Deed of Vacation dated August 6, 1993, recorded among the land records in the Loudoun County Circuit Court Clerk's office Deed Book 1255 at Page 62. Prior to the vacation of such Easement, a portion of the real property upon which the Easement is located was conveyed to the County of Loudoun for street right-of-way and improvements. The purpose of this Ordinance is to vacate the Easement to the present owners of the underlying real property. The Easement to be vacated is more fully described in a certain Deed of Vacation, attached to this Ordinance, among the City of Fairfax, Virginia, Grantor, and Board of Supervisors of Loudoun County, Virginia and Belmont Ridge Homeowners Association, Inc., Grantees. 1995-28 -2 BE IT FURTHER ORDAINED that the terms of such vacation are described in the above-referenced Deed of Vacation which the City Manager is hereby authorized and directed to execute on behalf of the City in a form substantially the same as the form attached hereto, provided that such Deed of Vacation is approved as to form by the City Attorney. This Ordinance shall become effective as provided by law. INTRODUCED: PUBLIC HEARING: ADOPTED: November 14, 1995 November 28, 1995 November 28, 1995 Mayor Date City Clerk