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20051025 2005-18ORDINANCE NO. 2005-18 AN ORDINANCE TO VACATE PORTIONS OF DEDICATED PUBLIC STREETS KNOWN AS CHAIN BRIDGE ROAD AND UNIVERSITY DRIVE ADJACENT TO TAX MAP PARCELS 57-2-((2))-165A, 57-2-((2))-167A AND 167C, AND 57-4-((2))-120. WHEREAS, Robert Sisson, City Manager, submitted application No. V- 1161-05-1 requesting a variance that was approved on July 26, 2005 to allow reduction of the required right-of-way width along the frontage of the Logan/Sipan and old Post Office properties in association with the redevelopment of Old Town Fairfax; WHEREAS, the plat entitled "City of Fairfax Street Vacation, Dedication of Public Street and Consolidation" for the proposed redevelopment project depicts vacation of certain portions of Chain Bridge Road and University Drive public right-of-way specifically described as follows: PART 1 BEGINNING AT A POINT BEING THE NORTHWES:I' CORNER OF INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF FAIRFAX, AS ACQUIRED IN DEED BOOK 9334 AT PAGE 562, AMONG THE LAND RECORDS OF FAIRFAX COUNTY, VIRGINIA; THENCE DEPARTING SAID POINT AND RUNNING WITH THE NORTHWEST LINE OF SAID INDUSTRIAL DEVELOPMENT AUTHORITY NORTH 82017'04" EAST, 3.86 FEET TO A POINT; THENCE SOUTH 07042'56" EAST, 50.00 FEET TO A POINT; THENCE SOUTH 82017'04" WEST, 3.84 FEET TO A POINT; THENCE NORTH 07043'45" WEST, 50.00 FEET TO THE POINT OF BEGINNING CONTAINING 193.00 SQUARE FEET OR 0.00443 ACRES, MORE OR LESS. PART 2 BEGINNING AT A POINT BEING THE INTERSECTION OF NORTH STREET, WIDTH VARIES, AND CHAIN BRIDGE ROAD, ROUTE 123, WIDTH VARIES; THENCE DEPARTING SAID POINT AND RUNNING WITH THE EASTERN RIGHT-OF-WAY LINE OF SAID CHAIN BRIDGE ROAD NORTH 06042'53'' EAST, 74.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH SAID EASTERN LINE OF CHAIN BRIDGE ROAD NORTH 06042'53" EAST, 18.05 FEET TO A POINT; THENCE NORTH 07042'56" WEST, 13.91 FEET TO A POINT; THENCE SOUTH 00°26'20" EAST, 31.71 FEET TO THE POINT OF BEGINNING CONTAINING 31 SQUARE FEET OR 0.00071 ACRES, MORE OR LESS. PART 3 BEGINNING AT A POINT BEING THE INTERSECTION OF NORTH STREET, WIDTH VARIES, AND CHAIN BRIDGE ROAD, ROUTE 123, WIDTH VARIES; THENCE DEPARTING SAID POINT AND RUNNING WITH THE EASTERN RIGHT-OF-WAY LINE OF SAID CHAIN BRIDGE ROAD NORTH 06042'53,' EAST, 18.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH SAID EASTERN LINE OF CHAIN BRIDGE ROAD NORTH 06042'53,, EAST, 30.54 FEET TO A POINT; THENCE SOUTH 14°06'50" WEST, 26.31 FEET TOA POINT; THENCE SOUTH 30034'04" EAST, 5.59 FEET TO A THE POINT OF BEGINNING CONTAINING 52 SQUARE FEET OR 0.00119 ACRES, MORE OR LESS. PART 4 BEGINNING AT A POINT ON THE SOUTHERN RIGHT-OF- WAY LINE OF NORTH STREET, WIDTH VARIES, SAID POINT ALSO BEING ON THE WESTERN RIGHT-OF-WAY LINE OF UNWERSITY DRIVE, WIDTH VARIES; THENCE DEPARTING SAID POINT AND RUNNING WITH THE LINES OF SAID UNIVERSITY DRIVE NORTH 14025'56,' EAST, 376.54 FEET TO A POINT; THENCE SOUTH 89°42'21'' WEST, 13.25 FEET TO A POINT; THENCE SOUTH 14025'56'' WEST, 370.02 FEET TO A POINT; THENCE SOUTH 59025'56'' WEST, 24.00 FEET TO A POINT ON THE NORTHERN LINE OF SAID NORTH STREET; THENCE RUNNING WITH SAID NORTH STREET SOUTH 75034'04'', EAST, 16.13 FEET TO A POINT; THENCE NORTH 59025'56,' EAST, 19.36 FEET TO THE POINT OF BEGINNING CONTAINING 5,042 SQUARE FEET OR 0.11575 ACRES, MORE OR LESS. WHEREAS, upon application by Robert Sisson, City Manager, to vacate the above-described portions of Chain Bridge Road and University Drive, this matter was referred to the Planning Commission of this City for its investigation and recommendations thereon, and was duly advertised for public hearing before the Planning Commission in the manner and for the time required by Section 15.2-2204 of the 1950 Code of Virginia, as amended; and was heard by the Planning Commission in public hearing pursuant to such advertisement; and was duly advertised for public hearing before the City Council in the manner and for the time required by Section 15.2-2204 of the 1950 Code of Virginia, as amended; and WHEREAS, the City Council has carefully considered the request to vacate the right-of-way in conjunction with review of variance application V-1161-05-1, the recommendation of the Planning Commission and staff, and the testimony received at the public hearing; and WHEREAS, the City Council has determined that the proposed vacation is proper and in accordance with the Comprehensive Plan as well as with the pertinent provisions set forth in the Code of Virginia and the Code of the City of Fairfax, Virginia; NOW, THEREFORE BE IT ORDAINED, that the City Council having followed the procedures provided and mandated by law, hereby vacates the above-described right-of-way effective with approval of the subdivision of the property as indicated on the street vacation, dedication and consolidation plat dated July, 2005. The Clerk is directed to cause a certified copy of this ordinance to be recorded among the land records of Fairfax County, Virginia, upon the expiration of thirty days from the adoption hereof, if no appeal from the adoption hereof has been filed within such time, or upon the ordinance being upheld on appeal, whichever is later. This ordinance shall be effective as provided by law. Planning Commission hearing: October 24, 2005 Introduced: September 27, 2005 City Council hearing: October 25, 2005 Adopted: October 25, 2005 ///////Z~°r Date ATTEST: { City Clerk The motion to adopt the ordinance was approved October 25, 2005. Vote Councilmember Cross Councilman Greenfield Councilmember Lyon Councilman Rasmussen Councilman Silverthome Councilmember Winter Aye Aye Absent Aye Aye Aye