Cool Harbor right-of-way acquisition request gains legal town approval

On Monday, March 6, the Front Royal Town Council revisited what was determined to be an illegal February 13 vote granting a public right-of-way vacating of a 675-square-foot swath of property on 15^th Street for compensation of $100.

That first vote was determined to be illegal due to the requirement of a “supermajority” or three-quarters (5 of 6 council members) vote to allow the disposition of public property.  On February 13 Council voted 3-2, with one abstention (newly-appointed member Chris Morrison) to allow the Cool Harbor Motel to gain possession of the ROW encroachment that dates back several owners, possibly to original owner Homer LeHew in the 1960s.

The ROW infringement in question – the apartment unit extending to edge of 15th Street. Photos/Roger Bianchini

At its Special Meeting of March 6, Council voted 5-0 to facilitate the transfer of the ROW infringement property to the current owners, with an additional condition that was not part of the original vote – that condition is that if the 675-square-foot infringement portion of the property is ever offered for sale separately, the Town has the first right of refusal to reacquire that parcel at the same price of $100.

The long-standing ROW infringement was apparently allowed by mistake by a previous Town administration.

At a January 3 work session, the current owners, as of February 2016, Mahesh “Mark” Patel and partner Ashika Deshpande sought the transfer of the property to facilitate a 20-year Small Business Administration loan to make necessary improvements to acquire a “Motel 6” franchise.  The owners estimated a $31,000 cost to tear down the encroaching portion of the motel if either acquisition or a long-term lease spanning the life of the loan were not granted.  Previously the Town was receiving $300 per-year-compensation from owners to continue the ROW encroachment upon which part of a motel rental unit now sits.

What’s in 675 s.f. – or 375-foot swath – of land on the town’s widest secondary street anyway? – Well, maybe tomorrow …

As part of a series of motions to facilitate the legal transfer of the property on Monday, March 6, that existing lease arrangement was nullified; the $100 vacation of the ROW encroachment was authorized, with the limited Town option to reacquire that encroachment were THAT small, 375-foot stretch of the property along 15^th Street ever offered for sale separately.

At this point, with 15^th Street being one of, if not the widest Secondary Street in town, the encroachment does not appear to be an issue for any adjoining property owner.  However, as Tewalt observed in seeking a broader Town first option on return of that ROW prior to the first vote, future development could alter that ROW parcel’s value to the Town considerably.

Monday’s compromise on the initially-approved blanket disposal of the parcel appears to place the Town in a fairly nebulous position on eventual reacquisition – that position assuming the separate offer for sale of that small 675-s.f. parcel.

Recently-appointed Councilman Chris Morrison did not vote because according to Town Attorney Doug Napier, state codes do not allow appointees to vote on public land transfers or sales; consequently the required supermajority number was reduced to four of the five eligible-to-vote councilmen.