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MOTION: COVINGTON May 17, 2005 <br />Regular Meeting <br />SECOND: BARG Ord. No. 05-31 <br />RE: AUTHORIZE THE ABANDONMENT AND VACATION OF <br />DEDICATED RIGHT-OF-WAY IN THE LAKE JACKSON HILLS <br />SUBDIVISION - BRENTSVILLE MAGISTERIAL DISTRICT <br />WHEREAS, a 32 -foot right-of-way was dedicated for public street purposes in <br />February 1949, in Deed Book 136 at Page 7, by the developer of Lake Jackson Hills <br />subdivision, off Round Top Road; and <br />WHEREAS, the dedicated night -of -way is not being maintained; and <br />WHEREAS, the fee simple ownership of the referenced right-of-way rests with <br />adjacent property owners subject to the public's current right of passage; and <br />WHEREAS, the County is considering abandoning and vacating the referenced <br />right-of-way since it will not be needed for a road; and <br />WHEREAS, according to VA Code Sections 33.1-166.1 and 15.2-2274, <br />abandoning the referenced right-of-way will discontinue the dedicated right-of-way for public <br />street purposes and the vacated right-of-way, from the centerline, reverts to each adjacent <br />property owner; and <br />WHEREAS, VA Code Section 15.2-2272 authorizes the vacation of any public <br />feature shown on a subdivision plat after lots have been sold by either a) administrative <br />approval of a plat of vacation, signed by the owners of every lot shown on the original <br />subdivision plat; or b) an ordinance of vacation, adopted by the Board of County Supervisors, <br />following notice to affected property owners and a public hearing; and <br />WHEREAS, the property owners have been notified that abandonment and <br />vacation is considered; and <br />WHEREAS, the vacated right-of-way will revert to the following owners: <br />1. Lot 65A - B2 LLC, 8953 Round Top Road, GPIN 7793-79-3069, <br />2. Lot 59AI - Robert Whitney and B. Toner -Whitney, 8973 Round Top <br />Road, GPIN 7794-70-6210 <br />