2020-18ORDINANCE NO.2020-18
AN ORDINANCE PERMANENTLY VACATING, DISCONTINUING AND CLOSING
A PORTION OF A CITY PUBLIC RIGHT-OF-WAY (ORCHARD STREET).
WHEREAS, Northfax JV LLC, by its agent, filed an April 22, 2020 letter application
with the City requesting that the City permanently vacate, discontinue and close a portion of
the City's Orchard Street public right-of-way, as more completely hereinafter described; and
WHEREAS, the required advertising of this ordinance has been effected, proper notice
has been given, and the City Planning Commission has given its recommendation to the City
Council; and
WHEREAS, a public hearing was held on the application by the City Council on June
23, 2020, after due and timely notice thereof, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on the application; and
WHEREAS, the City Council has determined that no inconvenience will result to any
individual or to the public from permanently vacating, discontinuing and closing the portion
of such public right-of-way.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that the following portion of the Orchard Street public right-of-way situated in the
City of Fairfax, Virginia, be, and is hereby permanently vacated, discontinued and closed, and
that all right and interest of the public in and to the same be, and hereby is, released insofar as
the City Council is empowered so to do with respect to the closed portion of the right-of-way:
Beginning at a point at intersection of the southern line of Orchard Street, a 50 foot public right-of-
way,
and the western right of way line of Chain Bridge Road, Route 123, a variable width right of way,
said point being the northeast corner to the property of Dimitrios and Vasilios Patrianakos (PIN
57-2-02-020); thence departing the western right of way line of Chain Bridge Road and with the
southern right of way line of Orchard Street and the northern line of Patrianakos, the following
two (2) courses:
1. S 87052'28" W 42.02 feet,
2. N 02903'45" W 1.66 feet to a point on the southern right of way line of Orchard Street;
Thence continuing with the southern right of way line of Orchard Street and the northern line of
Patrionakos, the same course continued with the properties of ARG II LLC (PIN's 57-2-02-19,
57-2-08-011, & 57-2-08-012) the following three (3) courses:
1. S 87°52'28" W 308.08',
2. Curving to the left 8.96' along the arc of a curve having a radius of 40.75', a central angle of
12°36'07", and a chord bearing S 81°34'25" W 8.95',
3. S 75°16'18" W 5.62' to a point in the southern right of way line of Orchard Street,
said point being the TRUE POINT OF BEGINNING;
Thence from said TRUE POINT OF BEGINNING and continuing with the southern right of way line of
Orchard Street, and the northern line of ARG II LLC (PIN 57-2-08-012, PIN 57-2-08-013, PIN 57-2-
08-014), the same course continued with Orchard Reinvestment LLC (PIN 57-2-08-010) the
following three (3) courses:
1. S 75616'18" W 318.55',
2. Curving to the right 35.74' along an arc of a curve having a radius of 100.00', a central angle
of 20928'30", and a chord bearing S 85°30'33" W 35.55',
3. N 84°15'12" W 30.48' to a point at the southwest terminus of Orchard Street and the
eastern line of the property of Orchard Reinvestment LLC (PIN 57-2-02-005),
Thence crossing the western terminus of Orchard Street and with Orchard Reinvestment LLC
(PIN 57-2-02-005) N 05°44'48" E 50.00' to a point at the northwest terminus of Orchard Street;
thence departing Orchard Reinvestment LLC (PIN 57-2-02-005) and with the northern right of
way line of Orchard Street and the southern property line of Orchard Reinvestment LLC (PIN 57-
2-08-008, PIN 57-2-08-007, & PIN 57-2-08-006) the following three (3) courses:
1. S 84015'12" E 30.48',
2. Curving to the left 17.87' measured along an arc of a curve having a radius of 50.00', a
central angle of 20°28'30", and a chord bearing N 85°30'33" E 17.77',
3. N 75°16'18" E 112.33' to a point in the northern right of way line of Orchard Street;
Thence departing the northern right of way line of Orchard Street and crossing the right of way, the
following two (2) courses:
1. N 90000'00" E 99.56',
2. N 87°55'45" E 112.68' to the TRUE POINT OF BEGINNING
Containing 13,433 square feet or 0.30838 acres.
BE IT FURTHER ORDAINED that no cash compensation to the City shall be
required in connection with this vacation as the applicant, as part of its redevelopment
proposal of which this vacation is a part, has committed to dedicate additional right-of-way
for the realignment of Orchard Street and to grant various easements to the City, among other
commitments, and these are deemed to be equitable compensation to the City for the vacated
portion of the Orchard Street right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application and this ordinance, deliver to the Clerk of the
Circuit Court for Fairfax County, Virginia, a certified copy of this ordinance for recordation
where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of
Fairfax, Virginia, as Grantor, and in the name of the applicant, and the names of any other
parties in interest who may so request, as Grantees, and pay such fees and charges as are
required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon recording a certified
copy of this ordinance with the Clerk of the Circuit Court for Fairfax County, Virginia, file
with the City Attorney, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions, including but not limited
to the required corresponding dedication of right of way to effect the realignment of Orchard
Street and any associated easements have not been met within a period of one year from the
date of the adoption of this ordinance, then such ordinance will be null and void with no
further action by City Council being necessary.
This Ordinance shall became effective as provided by law.
INTRODUCED: June 9, 2020
PUBLIC HEARING: July 14, 2020
ENACTED: July 14, 2020
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Mayor
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Date
City Clerk
VOTE:
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye