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
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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