23-4.01 - Approval for transfer of property.
§ 23-4.01. Approval for transfer of property.
A. The property known as College Woods that includes Lake Matoaka and ispossessed and controlled by a college founded in 1693, regardless of whethersuch property has been declared surplus property pursuant to § 2.2-1153,shall not be transferred or disposed of without the approval of the board ofvisitors of such college by a two-thirds vote of all board members at aregularly scheduled board meeting. The General Assembly shall also approvesuch disposal or transfer.
B. The provisions of subsection A shall not operate to prevent the transferor dedication to the Virginia Department of Transportation of a portion ofthe property described in subsection A, together with a temporaryconstruction easement and a permanent easement for drainage, sufficient topermit the reconstruction of the intersection of Virginia Route 615(Ironbound Road) and Virginia Route 321 (Monticello Avenue).
C. In order for any transfer or dedication set forth in subsection B to theDepartment to occur:
1. The Department shall remain within the boundaries or dedication areaidentified as a right-of-way addition of approximately 1.63 acres andeasement areas as detailed on Exhibit A, labeled Proposed Right-of-Way andEasement Dedication by The College of William and Mary for Widening of theIntersection of Monticello Avenue and Ironbound Road and dated January 9,2004, drawn by AES Consulting Engineers of Williamsburg, Virginia, incompletion of any reconstruction of such intersection;
2. The Department shall employ and construct all required best managementpractices and erosion and sediment control measures to minimize and mitigateany impacts to College Woods and Lake Matoaka; and
3. The Department shall vacate, subject to a reserved drainage easement,approximately 3.22 acres of right-of-way and re-designate such to the Collegeso that the College has confirmed encumbrances. This vacation shall createnot less than a 78 foot right-of-way and shall not create or provide for anyeasements except for such reserved drainage easement from approximately 1,000feet east of Virginia Route 615 (Ironbound Road) to approximately 4,000 feeteast of Virginia Route 615 (Ironbound Road) along Virginia Route 321(Monticello Avenue) identified on Exhibit A, labeled Proposed Right-of-Wayand Easement Dedication by The College of William and Mary for Widening ofthe Intersection of Monticello Avenue and Ironbound Road and dated January 9,2004, drawn by AES Consulting Engineers of Williamsburg, Virginia, asright-of-way abandonment. This vacation to create a right-of-way width shallnot allow for a road widening to add additional travel lanes for theremainder of Virginia Route 321 (Monticello Avenue).
D. The provisions of subsection A shall not operate to prevent the transferor dedication to the Department of a portion of the property described insubsection A, together with easements for slope, drainage, and utilities,sufficient to permit the reconstruction and widening of Virginia Route 615(Ironbound Road).
E. For any transfer or dedication to the Department to occur pursuant tosubsection D, the Department:
1. Shall remain within the boundaries identified as a proposed right-of-waydedication area of approximately 0.38 acres and easement areas as detailed onExhibit B, labeled Proposed Right-of-Way and Easement Dedication by TheCollege of William and Mary for Widening of Ironbound Road to Four Lanes anddated January 9, 2004, drawn by AES Consulting Engineers of Williamsburg,Virginia, in completion of the widening of Virginia Route 615 (IronboundRoad), except with respect to that portion of Virginia Route 615 (IronboundRoad) to be widened in connection with the reconstruction of the intersectionas described, and as provided for, in subsections B and C; and
2. Shall employ and construct all required best management practices anderosion and sediment control measures to minimize and mitigate any impacts toCollege Woods and Lake Matoaka.
F. The provisions of subsections B and C shall not become effective until areconstruction of the intersection has been designed and fully funded asrequired by the Department.
G. The provisions of subsections D and E shall not become effective until thewidening of the portion of Ironbound Road described therein has been designedand fully funded as required by the Department.
(1995, c. 774; 2001, c. 360; 2004, c. 339.)