application for vacation or abandonment of a public ... - Arlingtonva
ARLINGTON COUNTY, VIRGINIA DEPARTMENT OF ENVIRONMENTAL SERVICES, REAL ESTATE BUREAU APPLICATION FOR VACATION OR ABANDONMENT OF A PUBLIC STREET, ALLEY, EASEMENT, OR RIGHT-OF-WAY
APPLICATION FOR VACATION OR ABANDONMENT OF A PUBLIC STREET, ALLEY, EASEMENT, OR RIGHT OF WAY
The following information and documentation must be provided in full. No application will be processed unless all documentation and fees have been received. Add additional pages if necessary.
1. PROPERTY OWNER(S) – (All owners of benefited property(ies) must be listed with mailing addresses and telephone number(s).) Name of Property Owner(s): _____________________________________________________________ Real Property Code(s) (“RPC”) of benefited property(ies):________________________________ Address of benefited property(ies): ____________________________________________________
______________________________________________________________________________ Site Plan or Use Permit No., if applicable, related to Application for Vacation:
______________________________________________________________________________ RPC codes of all property located within the project/site plan/use permit: ______________________________________________________________________________________ Addresses of all property located within the project/site plan/use permit:
______________________________________________________________________________ ______________________________________________________________________________ Owner’s Mailing Address: _______________________________________________________________
______________________________________________________________________________ Telephone Numbers: Home: __________________________ Office: _____________________________ Telephone Numbers: Cell: __________________________ Fax: ________________________________ E-Mail: _______________________________________________________________________________
2. APPLICANT(S) – (If different from property owner(s) Name of Applicant/Firm: ________________________________________________________________ Applicant’s Mailing Address: ___________________________________________________________
______________________________________________________________________________ Telephone Numbers: Home: __________________________ Office: _____________________________ Telephone Numbers: Cell: __________________________ Fax: ________________________________ E-Mail: _______________________________________________________________________________
3. AGENT(S) Name of Agent/Firm: ____________________________________________________________________ Agent for Whom: ________________________________________________________________________ Agent’s Mailing Address: _______________________________________________________________
______________________________________________________________________________ 1
Telephone Numbers: Home: _________________ Office: ___________________________ Cell Telephone Number: _______________________________________________________ Fax Number: ______________________________ E-Mail: ___________________________
3.
LOCATION OF PROPOSED VACATION OR ABANDONMENT
a) Description and recorded document creating the public street, right of way, easement, or other County property interest requested to be vacated or abandoned: Type of County property interest to be vacated:________________________ Document(s) creating the interest (i.e., Deed and plat):
Document Date: ________________, Recordation date: _____________________ Recorded in County Land Records’ Deed Book: _________, at Page__________ b) Brief legal description of the property(ies) to benefit from the proposed vacation or abandonment: Lot(s)_________, Block(s) ________, Section: ____________________, Subdivision: _______________________________________________________________________________ c) The approximate square footage (land area) and dimensions of the area to be vacated or abandoned:
d) Civic Association within which the benefited property lies: Name of Civic Association: ______________________________________________ Address of Civic Association: ___________________________________________ _________________________________________________________________________ Name of Civic Association President or Chairperson: _________________________________________________________________________ Telephone number of Civic Association President or Chairperson: _________________________________________________________________________
4. SPECIFIC JUSTIFICATION(S) FOR THE REQUEST:
2
5. INTENDED USE(S) OF THE PROPERTY OR PROPERTY RIGHT(S) PROPOSED TO BE VACATED OR ABANDONED (Please check all applicable): ( ) Building structure ( ) Open Space ( ) Underground garage structure ( ) Increased Density ( ) Underground utility vault ( ) Setback Requirement ( ) Relocated utility line ( ) Relocated street ( ) Relocated utility facility ( ) Relocated sidewalk ( ) Other Structure ( ) Other Use a) If “other” is checked, you must specify and describe the building, structure, and intended use:
6. THE APPLICATION MUST BE ACCOMPANIED BY ACCURATE AND COMPLETE COPIES OF THE FOLLOWING DOCUMENTS: a) A
copy of the document(s) or portions of document(s) that establish the authority for each Applicant and/or Owner to sign the Application. Where an agent signs the Application on behalf of any Applicant or Owner, the documents establishing the Agent’s authority also must be provided.
b) A copy of the recorded instrument(s) and all associated documents (e.g. subdivision plat, right-of-way plat, or deed) by which the street, road, right of way, easement, or public property interest proposed to be vacated or abandoned was established. c) A copy of the recorded instrument(s) by which the current owners(s) acquired title to the property(ies) that will benefit from the proposed vacation or abandonment. d) Two plats: 1) a plat showing the area proposed to be vacated, including dimensions and total area, in relation to the benefited property and existing conditions, including all existing public and private features, structures, appurtenances, improvements, and features, above and below ground (including, for example, buildings, utility facilities, gutters, curbs, sidewalks, and other features, such as trees, resource protection areas, easements, property lines and rights-of-way); and 2) a plat, drawn to the same scale, showing the area proposed to be vacated and all proposed features and structures. e) All required plats and plans must be certified by a licensed surveyor or engineer, and be submitted in triplicate and to scale, as follows: (1) the original plat must be submitted on standard 18” x 24” record size, with black lettering and crosshatches (no color) on white paper; (2) the plat must also be submitted reduced to 8½ inch by 11 inch paper, and (3) the plat must also be submitted as a PDF file, either electronically or on computer disk. The plats must show all dimensions and the total area of the area proposed to be vacated and the RPC(s) of the properties abutting the County property to be vacated. Plat exhibits must be submitted in PDF file and hard copy format. f) If this Application is part of a site plan or use permit application, attach a copy of the applicable site plan and/or use permit application or amendment relating to submission. g) Attach hardcopy or digital photographs that depict: 1) the area proposed to be vacated, under the existing conditions; and, 2) the area proposed to be vacated in spatial relation to adjoining parcels and the public property. h) Notwithstanding the above, before an Application will be considered complete, the County may require additional documents or information to
3
adequately evaluate the application and prepare a recommendation based thereon.
7. APPLICATION SUBMISSION The Applicant must submit this completed Application, a $350.00 check payable to the “Treasurer, Arlington County, Virginia”, and all required documents and materials to: Department of Environmental Services Engineering and Capital Projects Division Real Estate Bureau Chief 2100 Clarendon Blvd. Suite 800 Arlington, VA 22201 703-228-0121 Processing of an Application may be delayed unless it has been filled out in its entirety, submitted with all required documentation and supporting materials attached, and is signed by all property owners, applicants, and their agents (if applicable). This Application, and all required information and documents, must be properly submitted along with the non-refundable $350 Application fee and other pertinent fee reimbursements. With certain exceptions (e.g., the vacation of a utility easement as part of new development, where an Applicant will dedicate a equivalent replacement easement located on the property and pay all costs of any utility relocation), the County will require compensation for a vacation based on the contributory value of the vacation to the highest and best use of the benefited property, considering any proposed or approved site plan or use permit. The County will publish a public notice of the proposed vacation or abandonment and obtain reimbursement for the associated fees from the Applicant. Submission of this Application, and payment of applicable fees, does not guarantee the enactment of an ordinance approving the vacation or abandonment. After the receipt and initial review of an Application, the Applicant (or agent) will be contacted by the County staff if any additional information is needed. No application will be presented for consideration by the County Board until a completed Application is received and any additional information requested by County staff is submitted.
8.
NOTIFICATION a) Within fourteen (14) days after submission of an Application, the Applicant shall send written notice of the proposed vacation to the persons and entities described in subsection b. Any failure by the Applicant to timely provide the required notifications, and proof thereof, will cause delay in consideration of the Application. b)
The Applicant shall mail notices of the proposed vacation to: the President of the local community, civic, condominium or homeowners’ associations, as the case may be; and all persons and entities owning property abutting or immediately across each public street, right of way, or alley from the benefited parcel and from the area proposed to be vacated. The notice shall be sent by certified mail, return receipt requested, to the property owners, as indicated by the county tax assessment records, for each of the properties described above. Not later than seven (7) calendar days after mailing of the notices, the Applicant shall deliver to the County proof of the mailing of the notices acceptable to the County.
c) The notices required by this section shall be in a form as prescribed by the County and shall include: (i)
A description of the proposed use and dimensions of the area proposed to be vacated;
4
(ii)
A description of the County’s ownership interest in the public property which the Applicant has requested to be vacated;
(iii)
A designated space for the comments of the addressee; and,
(iv)
A designated space where the addressees may indicate their consent, opposition, or no comment to the requested vacation.
d) For vacations that the County determines may facilitate development, the Applicant shall also be required to provide County staff and interested community, civic, condominium or homeowners’ associations with the plans for such development, either with the Application or as part of the site plan or use permit approval process.
9.
ADDITIONAL COSTS
The County may require payment from the Owner/Applicant of other demonstrable processing costs, which may include the costs of an appraisal and/or title examination. If the value of a proposed vacation exceeds $20,000, as determined by the County, then an appraisal may be required at Applicant’s cost. Where payment of the demonstrable costs is not delivered to the County in a timely fashion, further processing of the Application may be suspended. If the County Board enacts an Ordinance of Vacation or Abandonment Ordinance (“Ordinance”), then the Applicant shall be responsible for all fees, costs and compensation associated with the vacation including, but not limited to, deed and plat preparation, deed and plat review, recordation fees, and compensation to be paid to the County for the vacation. In addition, unless otherwise provided in the Ordinance, all conditions of the Ordinance must be satisfied before the necessary documents are recorded in the County land records.
10.
CERTIFICATION
I/We hereby certify that all statements and information provided herein and in the documents submitted herewith are true, accurate, and complete to the best of my/our knowledge.
PROPERTY OWNER(S):
PROPERTY OWNER(S):
___________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
____________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
APPLICANT(S):
APPLICANT(S):
___________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
5
AGENT:
AGENT FOR:
___________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
AGENT:
AGENT FOR:
___________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
6 REV 02/02/12 ★27066H
APPLICATION FOR VACATION OR ABANDONMENT OF A PUBLIC STREET, ALLEY, EASEMENT, OR RIGHT OF WAY
The following information and documentation must be provided in full. No application will be processed unless all documentation and fees have been received. Add additional pages if necessary.
1. PROPERTY OWNER(S) – (All owners of benefited property(ies) must be listed with mailing addresses and telephone number(s).) Name of Property Owner(s): _____________________________________________________________ Real Property Code(s) (“RPC”) of benefited property(ies):________________________________ Address of benefited property(ies): ____________________________________________________
______________________________________________________________________________ Site Plan or Use Permit No., if applicable, related to Application for Vacation:
______________________________________________________________________________ RPC codes of all property located within the project/site plan/use permit: ______________________________________________________________________________________ Addresses of all property located within the project/site plan/use permit:
______________________________________________________________________________ ______________________________________________________________________________ Owner’s Mailing Address: _______________________________________________________________
______________________________________________________________________________ Telephone Numbers: Home: __________________________ Office: _____________________________ Telephone Numbers: Cell: __________________________ Fax: ________________________________ E-Mail: _______________________________________________________________________________
2. APPLICANT(S) – (If different from property owner(s) Name of Applicant/Firm: ________________________________________________________________ Applicant’s Mailing Address: ___________________________________________________________
______________________________________________________________________________ Telephone Numbers: Home: __________________________ Office: _____________________________ Telephone Numbers: Cell: __________________________ Fax: ________________________________ E-Mail: _______________________________________________________________________________
3. AGENT(S) Name of Agent/Firm: ____________________________________________________________________ Agent for Whom: ________________________________________________________________________ Agent’s Mailing Address: _______________________________________________________________
______________________________________________________________________________ 1
Telephone Numbers: Home: _________________ Office: ___________________________ Cell Telephone Number: _______________________________________________________ Fax Number: ______________________________ E-Mail: ___________________________
3.
LOCATION OF PROPOSED VACATION OR ABANDONMENT
a) Description and recorded document creating the public street, right of way, easement, or other County property interest requested to be vacated or abandoned: Type of County property interest to be vacated:________________________ Document(s) creating the interest (i.e., Deed and plat):
Document Date: ________________, Recordation date: _____________________ Recorded in County Land Records’ Deed Book: _________, at Page__________ b) Brief legal description of the property(ies) to benefit from the proposed vacation or abandonment: Lot(s)_________, Block(s) ________, Section: ____________________, Subdivision: _______________________________________________________________________________ c) The approximate square footage (land area) and dimensions of the area to be vacated or abandoned:
d) Civic Association within which the benefited property lies: Name of Civic Association: ______________________________________________ Address of Civic Association: ___________________________________________ _________________________________________________________________________ Name of Civic Association President or Chairperson: _________________________________________________________________________ Telephone number of Civic Association President or Chairperson: _________________________________________________________________________
4. SPECIFIC JUSTIFICATION(S) FOR THE REQUEST:
2
5. INTENDED USE(S) OF THE PROPERTY OR PROPERTY RIGHT(S) PROPOSED TO BE VACATED OR ABANDONED (Please check all applicable): ( ) Building structure ( ) Open Space ( ) Underground garage structure ( ) Increased Density ( ) Underground utility vault ( ) Setback Requirement ( ) Relocated utility line ( ) Relocated street ( ) Relocated utility facility ( ) Relocated sidewalk ( ) Other Structure ( ) Other Use a) If “other” is checked, you must specify and describe the building, structure, and intended use:
6. THE APPLICATION MUST BE ACCOMPANIED BY ACCURATE AND COMPLETE COPIES OF THE FOLLOWING DOCUMENTS: a) A
copy of the document(s) or portions of document(s) that establish the authority for each Applicant and/or Owner to sign the Application. Where an agent signs the Application on behalf of any Applicant or Owner, the documents establishing the Agent’s authority also must be provided.
b) A copy of the recorded instrument(s) and all associated documents (e.g. subdivision plat, right-of-way plat, or deed) by which the street, road, right of way, easement, or public property interest proposed to be vacated or abandoned was established. c) A copy of the recorded instrument(s) by which the current owners(s) acquired title to the property(ies) that will benefit from the proposed vacation or abandonment. d) Two plats: 1) a plat showing the area proposed to be vacated, including dimensions and total area, in relation to the benefited property and existing conditions, including all existing public and private features, structures, appurtenances, improvements, and features, above and below ground (including, for example, buildings, utility facilities, gutters, curbs, sidewalks, and other features, such as trees, resource protection areas, easements, property lines and rights-of-way); and 2) a plat, drawn to the same scale, showing the area proposed to be vacated and all proposed features and structures. e) All required plats and plans must be certified by a licensed surveyor or engineer, and be submitted in triplicate and to scale, as follows: (1) the original plat must be submitted on standard 18” x 24” record size, with black lettering and crosshatches (no color) on white paper; (2) the plat must also be submitted reduced to 8½ inch by 11 inch paper, and (3) the plat must also be submitted as a PDF file, either electronically or on computer disk. The plats must show all dimensions and the total area of the area proposed to be vacated and the RPC(s) of the properties abutting the County property to be vacated. Plat exhibits must be submitted in PDF file and hard copy format. f) If this Application is part of a site plan or use permit application, attach a copy of the applicable site plan and/or use permit application or amendment relating to submission. g) Attach hardcopy or digital photographs that depict: 1) the area proposed to be vacated, under the existing conditions; and, 2) the area proposed to be vacated in spatial relation to adjoining parcels and the public property. h) Notwithstanding the above, before an Application will be considered complete, the County may require additional documents or information to
3
adequately evaluate the application and prepare a recommendation based thereon.
7. APPLICATION SUBMISSION The Applicant must submit this completed Application, a $350.00 check payable to the “Treasurer, Arlington County, Virginia”, and all required documents and materials to: Department of Environmental Services Engineering and Capital Projects Division Real Estate Bureau Chief 2100 Clarendon Blvd. Suite 800 Arlington, VA 22201 703-228-0121 Processing of an Application may be delayed unless it has been filled out in its entirety, submitted with all required documentation and supporting materials attached, and is signed by all property owners, applicants, and their agents (if applicable). This Application, and all required information and documents, must be properly submitted along with the non-refundable $350 Application fee and other pertinent fee reimbursements. With certain exceptions (e.g., the vacation of a utility easement as part of new development, where an Applicant will dedicate a equivalent replacement easement located on the property and pay all costs of any utility relocation), the County will require compensation for a vacation based on the contributory value of the vacation to the highest and best use of the benefited property, considering any proposed or approved site plan or use permit. The County will publish a public notice of the proposed vacation or abandonment and obtain reimbursement for the associated fees from the Applicant. Submission of this Application, and payment of applicable fees, does not guarantee the enactment of an ordinance approving the vacation or abandonment. After the receipt and initial review of an Application, the Applicant (or agent) will be contacted by the County staff if any additional information is needed. No application will be presented for consideration by the County Board until a completed Application is received and any additional information requested by County staff is submitted.
8.
NOTIFICATION a) Within fourteen (14) days after submission of an Application, the Applicant shall send written notice of the proposed vacation to the persons and entities described in subsection b. Any failure by the Applicant to timely provide the required notifications, and proof thereof, will cause delay in consideration of the Application. b)
The Applicant shall mail notices of the proposed vacation to: the President of the local community, civic, condominium or homeowners’ associations, as the case may be; and all persons and entities owning property abutting or immediately across each public street, right of way, or alley from the benefited parcel and from the area proposed to be vacated. The notice shall be sent by certified mail, return receipt requested, to the property owners, as indicated by the county tax assessment records, for each of the properties described above. Not later than seven (7) calendar days after mailing of the notices, the Applicant shall deliver to the County proof of the mailing of the notices acceptable to the County.
c) The notices required by this section shall be in a form as prescribed by the County and shall include: (i)
A description of the proposed use and dimensions of the area proposed to be vacated;
4
(ii)
A description of the County’s ownership interest in the public property which the Applicant has requested to be vacated;
(iii)
A designated space for the comments of the addressee; and,
(iv)
A designated space where the addressees may indicate their consent, opposition, or no comment to the requested vacation.
d) For vacations that the County determines may facilitate development, the Applicant shall also be required to provide County staff and interested community, civic, condominium or homeowners’ associations with the plans for such development, either with the Application or as part of the site plan or use permit approval process.
9.
ADDITIONAL COSTS
The County may require payment from the Owner/Applicant of other demonstrable processing costs, which may include the costs of an appraisal and/or title examination. If the value of a proposed vacation exceeds $20,000, as determined by the County, then an appraisal may be required at Applicant’s cost. Where payment of the demonstrable costs is not delivered to the County in a timely fashion, further processing of the Application may be suspended. If the County Board enacts an Ordinance of Vacation or Abandonment Ordinance (“Ordinance”), then the Applicant shall be responsible for all fees, costs and compensation associated with the vacation including, but not limited to, deed and plat preparation, deed and plat review, recordation fees, and compensation to be paid to the County for the vacation. In addition, unless otherwise provided in the Ordinance, all conditions of the Ordinance must be satisfied before the necessary documents are recorded in the County land records.
10.
CERTIFICATION
I/We hereby certify that all statements and information provided herein and in the documents submitted herewith are true, accurate, and complete to the best of my/our knowledge.
PROPERTY OWNER(S):
PROPERTY OWNER(S):
___________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
____________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
APPLICANT(S):
APPLICANT(S):
___________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
5
AGENT:
AGENT FOR:
___________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
AGENT:
AGENT FOR:
___________________________________ (Signature) (Date)
__________________________ ____________ (Signature) (Date)
___________________________________ Print Name
_______________________________________ Print Name
6 REV 02/02/12 ★27066H
