2013-01-01 Ordinance Mountain Vista Estates (McLeans) AN ORDINANCE OF VACATION OF A SUBDIVISION PLAT PURSUANT
TO § 15.2-2272(2) OF THE CODE OF VIRGINIA, 1950, AS AMENDED
RESOLUTION 2013-01-01
WHEREAS, § 15.2-1427 of the Code of Virginia, 1950, as amended, enables a local
governing body to adopt resolutions and ordinances generally; and
WHEREAS, § 15.2-2272(2) of the Code of Virginia, 1950, as amended, authorizes the
Board of Supervisors of the County of Pittsylvania, Virginia, to vacate a subdivision plat by
ordinance in cases where any lot within the subdivision has been sold; and
WHEREAS, Thomas and Jane McLean (the "McLeans") are owners' of record of
property known as the Mountain Vista Estates Subdivision ("Mountain Vista Estates"), located
at the intersection of State Route No. 626 (Smith Mountain Road) and State Route No. 779
(Liberty Road) in Pittsylvania County, Virginia; and
WHEREAS, a plat and survey detailing the Mountain Vista Estates subdivision is
recorded in the Clerk's Office of the Circuit Court of Pittsylvania County, Virginia, in Map Book
44, at page 64L; and
WHEREAS, in 2007, the McLeans sold four(4) lots of Mountain Vista Estates to private
individuals for monetary consideration; and
WHEREAS, on November 5, 2012, pursuant to § 15.2-2272(2) of the Code of Virginia,
1950, as amended, the McLeans formally requested via letter that the following certain property
contained in Mountain Vista Estates and the plat detailing the same be vacated by ordinance:
Tract A, GPIN 1551-98-9610, 74.22 acres; Lot 3, GPIN # 1561-19-1451, 17.09 acres; Lot 5,
GPIN # 1561-28-2624, 7.66 acres; Lot 6, GPIN # 1561-09-1994, 43.30 acres; and "Residue,"
GPIN# 1561-08-8027, 20.25 acres; and
WHEREAS, pursuant to § 15.2-2272(2) of the Code of Virginia, 1950, as amended, the
proper notice has been provided as required by § 15.2-2204 of the Code of Virginia, 1950, as
amended, which clearly describes the plat to be vacated and stated the time and place of the
meeting at which the Board of Supervisors would consider and vote upon the Ordinance of
Vacation, which was scheduled for Tuesday, January 15, 2013, at 7:00 p.m. in the General
District Courtroom of the Edwin R Shields Courthouse Addition in Chatham, Virginia; and
WHEREAS, the full text of the subdivision vacation advertisement and ordinance was
available for public inspection in the Office of the County Administrator, County Administration
Building, 1 Center Street, Chatham, Virginia, Monday through Friday, from 8:00 a.m. to 5:00
p.m. for public inspection and viewing; and
WHEREAS, individual notice was provided by Pittsylvania County staff to all owners of
property included in and affected by the plat and subdivision vacation request; and
WHEREAS, pursuant to § 15.2-2272(2) of the Code of Virginia, 1950, as amended, all
persons were permitted to appear at the Board of Supervisors' meeting conducted on Tuesday,
January 15, 2013, for the purpose of objecting to the adoption of the Ordinance of Vacation; and
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WHEREAS, this matter having been given due notice, public comment, and thorough
and appropriate consideration by the Board of Supervisors of the County of Pittsylvania,
Virginia,
NOW, THEREFORE, BE IT ORDAINED AND ENACTED that, pursuant to
authority granted by § 15.2-1427 of the Code of Virginia, 1950, as amended, and in accordance
with 15.2-2272(2) of the Code of Virginia, 1950, as amended, the subdivision plat and acreage
identified above is hereby vacated; and
BE IT FURTHER ORDAINED that a certified copy of this Ordinance of Vacation shall
be recorded after the expiration of thirty (30) days from the date hereof, unless appealed to the
Circuit Court for the County of Pittsylvania, Virginia, and thereafter, if this Ordinance of
Vacation is affirmed by said Court, in the Clerk's Office of the Circuit Court of Pittsylvania
County, Virginia; and
BE IT FURTHER ORDAINED AND ENACTED that, in accordance with the
provisions of § 15.2-2274 of the Code of Virginia, 1950, as amended, the recordation of this
Ordinance of Vacation as required in the preceding paragraph shall operate to destroy the force
and legal effect of the Plat described above herein and so vacated and vest fee simple title free
and clear of any rights of the public or other owners of lots shown on the aforesaid plat, but
subject to the rights of the owners of any public utility installations which have been previously
erected therein.
ADOPTED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY,
VIRGINIA ON JANUARY 15,2013.
Marshall A. Ecker, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
William D. Sleeper RECORDED VOTE:
Pittsylvania County Administrator Tim R. Barber Yes
Clerk of the Board of Supervisors Jessie L. Barksdale Yes
Brenda H. Bowman Yes
APPROVED AS TO FORM: Marshall A. Ecker Yes
Jerry A. Hagerman Yes
Coy E. Harville Yes
J. Vaden Hunt, Esq. James H. Snead Yes
Pittsylvania County Attorney