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20040210 r-04-5RESOLUTION NO. R-04-05 A RESOLUTION APPROVING THE VACATION OF A PORTION OF PRESERVATION DRIVE, LOCATED IN THE PICKETT'S RESERVE SUBDIVISION, AND PREVIOUSLY DEDICATED TO THE CITY OF FAIRFAX, VIRGINIA, FOR PUBLIC STREET PURPOSES BY THAT CERTAIN DEED OF SUBDIVISION RECORDED IN DEED BOOK 13598, AT PAGE 1510, AMONG THE LAND RECORDS OF FAIRFAX COUNTY, VIRGINIA. WHEREAS, by virtue of that certain Deed of Subdivision recorded in Deed Book 13598, at Page 1510, among the land records of Fairfax County, Virginia, Preservation Drive in the Pickett's Reserve subdivision was dedicated to the City of Fairfax for public street purposes; and WHEREAS, the property owners, with the consent of the mortgagees, desire to vacate a portion of Preservation Drive in order to preserve a tree; and WHEREAS, in accordance with Virginia Code Section 15.2-2271(1), when no lots within a subdivision have been sold, the consent of the governing body is required in order to vacate a public street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax that the vacation of a portion of Preservation Drive, as set forth in that certain Deed of Vacation, Consolidation, Resubdivision and Easement, and as more particularly described in the accompanying plat, is hereby approved, and the City Manager is authorized to execute all documents necessary to effectuate the vacation. Attest: c~~ i. L/cY~/ - City Clei'k / ADOPTED this 10th day of February, 2004. f Vote: J. Cross Aye J. Greenfield Aye G. Lyon Aye G. Rasmussen Aye S. Silverthome Aye P. Winter Aye