|
RESOLUTION
OF THE
COMMONWEALTH
TRANSPORTATION BOARD
March 18, 2015
Title: Locality Discontinuance and Conveyance of Limited Access, Various
Streets,
City of Alexandria
WHEREAS, Section 33.2-1001 of the Code of Virginia authorizes the Commissioner
of Highways, to acquire rights of way for the construction, reconstruction,
alteration, maintenance and repair of public highways within municipalities on
projects which are constructed with State or Federal participation and
subsequently convey such rights of way to the requesting municipality; and
WHEREAS,
Section 33.2-1001 of the Code of Virginia
further provides that the Commissioner of Highways may exercise such authority
only upon receipt of official request from the City involved; and
WHEREAS,
the City Council of the City of Alexandria declared Project 0001-100-102,
PE-101 as Limited Access within the limits of Henry Street, Monroe Avenue,
Powhatan Street, Slaters Lane and Jefferson Davis Highway by resolution passed
on August 11, 1970; and
WHEREAS,
the Commissioner of Highways exercised his power and authorized VDOT to acquire
right of way for Limited Access Project 0001-100-102, PE-101, RW-201 from
various landowners, at the request of
the City of Alexandria; and
WHEREAS,
an injunction was entered February 26, 1973, in the litigation styled Live
in a Favorable Environment, Inc. v. John Volpe, et al. U.S. District Court (E.D. Va.) which prevented
Project 0001-100-102, PE-101, RW-201 from being constructed as originally
proposed; and
WHEREAS,
the project was re-designed as Project 0001-100-102, RW-203 which eliminated
the need for Limited Access rights previously acquired; and
WHEREAS,
the Commonwealth of Virginia did convey to the City of Alexandria, all of its
rights, title and interest to lands and permanent easements, lying on both
sides of the centerline of Route 1 for State Highway Project 0001-100-102,
RW-201 but reserved any limited access rights; and
WHEREAS, Section 33.2-401 of the Code of Virginia allows the Commonwealth
Transportation Board to approve the discontinuance, by the governing body of
the City of Town, of
limited access features acquired for any highway, street, or portion thereof,
subsequently incorporated into the street system of a city or town; and
WHEREAS, the City of Alexandria has requested by resolution dated December 9,
2014, the approval to discontinue and the conveyance of all limited access
rights lying on both sides of the centerline of Route 1 for State Highway
Project 0001-100-102, RW-201, which is in the City’s street system; and
NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of Sections
33.2-401, and 33.2-1001 of the Code of
Virginia, said discontinuance by the City of Alexandria and conveyance of
the said real estate is approved as set forth, and the Commissioner of Highways
is hereby authorized to execute, in the name of the Commonwealth, a deed or
deeds conveying the real estate subject to such restrictions as may be deemed
appropriate.