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MOTION: STEWART June 6, 2006 <br />Regular Meeting <br />SECOND: JENKINS Ord. No. 06-53 <br />RE: AUTHORIZE ABANDONMENT OF HERBERT DRIVE (ROUTE 1395) <br />AND THE CONVEYANCE OF PORTIONS THEREOF TO TACKETTS <br />VILLAGE, L.L.C., MANOCHEHR SOBHANY, TRUSTEE, AND PARK <br />CENTER HOMEOWNERS ASSOCIATION, INC. — OCCOQUAN <br />MAGISTERIAL DISTRICT <br />WHEREAS, the right-of-way of Herbert Drive (Route 1395) was dedicated for <br />public street purposes in July 1980; and <br />WHEREAS, Herbert Drive (Route 1395) was added into Secondary System of <br />State Highways on September 24, 1981; and <br />WHEREAS, the fee simple ownership of the referenced right-of-way rests with <br />the Board of County Supervisors; and <br />WHEREAS, the abutting property owner, Tacketts Village, L.L.C., has <br />petitioned to the County for abandonment and conveyance of the referenced right-of-way <br />which would allow the owner to develop the site as per Master Zoning Plan associated with the <br />rezoning number 2004-00375; and <br />WHEREAS, the rezoning has taken place and the proffers reference the <br />abandonment of Herbert Drive; and <br />WHEREAS, the County is considering the abandonment and conveyance of the <br />referenced right-of-way; and <br />WHEREAS, the Virginia Department of Transportation Manassas Residency <br />Office has reviewed this request and has no objection to the abandonment and conveyance of <br />the referenced right-of-way; and <br />WHEREAS, the State Highway Commissioner will be asked to certify that <br />Herbert Drive right-of-way is no longer necessary for transportation purposes; and <br />WHEREAS, Section 33.1-151, VA Code Ann., requires a public hearing to be <br />conducted in order to abandon a public right-of-way; and <br />WHEREAS, Section 33.1-154, VA Code Ann, provides that such abandoned <br />road may be conveyed to the adjacent property owners with the procedures described therein; <br />