Chapter 2

"The line of the City of Alexandria shall be extended on the north and west as follows: Beginning in the Potomac River at a point distant northerly in the direction of Fairfax Street four hundred nineteen feet and two inches from the north line of the present corporate limits of the town of Alexandria in said river, and running thence westerly, parallel with said north line, to a point at which it would intersect the present western line if extended north four hundred nineteen feet and ten inches; thence southwesterly with the present western line but the said city council shall have authority to make such police and sanitary regulations of the territory reaching ten feet west of the western bank of Hooff's or Mushpot Run; then parallel to and at that distance from said run to the line dividing Alexandria from Fairfax county; then southeasterly with said dividing line to the present southwest corner of the said town of Alexandria."

The next year the Charter was amended,[44]again altering the boundaries:

"Beginning in the Potomac river at a point distant northwardly in the direction of Fairfax street four hundred and nineteen feet and two inches from the present north line of the corporate limits of the town in said river, and running westerly parallel to said north line to intersect the west line of said limits produced northwardly four hundred and nineteen feet and two inches; thence southwardly with said west line produced to the northwest corner of the said limits; thence eastwardly with the said north line into the river; then northwardly to the beginning: Beginning again at the intersection of the northwestern line of said limits with the north line of Cameron street; then southwardly with said western line, to the county line; then northwardly with the county line to the point where it intersects the brick wall on the south side of the Little River Turnpike road; then northwardly by a straight line to the east corner of John Hooff's lot on the south side of King street extended; then crossing King street extended to the west corner of the lot of the late Col. Francis Peyton; then with the west line of said lot and the course thereof to the north line of Cameron street extended; then by a straight line to the beginning."

The next addition came in 1858[45]when the boundaries were described as:

"Beginning in the Potomac River, at a point distant northerly, in the direction of Fairfax Street five hundred and ninety five feet and nine inches from the north line of Montgomery street, as now established in said city, and extended into said river; and running thence westerly and parallel with said north line to a point at which this course will intersect a line one hundred twenty three feet and five inches west of and running parallel to the western line of West street as now established, when extended; thence southerly parallel with West street, to the north line of Cameron street as now established; thence westerly in the direction of the north line of Cameron street extended, to a point in a line with the west line of the lot of the late Francis Peyton, on which he resided; thence southerly, parallel with West street, to the south line of King street, extended; thence in a straight line to a point in the line dividing the county of Fairfax and Alexandria from each other, ten feet west of Hoof's Run; thence southerly, parallel to, and distant 10 feet from Hoof's Run to the middle of Hunting Creek thence with the middle of Hunting Creek into the Potomac River; then up the said river to the beginning."

This line remained in effect until January 27, 1865, when an amendment to the charter[46]withdrew from the jurisdiction of the city all the territory in Fairfax county (bounded by the old District line, Hooff's Run and Hunting Creek) which had been added to the town by the charter of 1858. The next year, on January 25, 1866, the General Assembly rescinded this action and restored the boundaries of 1858.[47]A further change occurred in this area on February 20, 1871, when the last part of the description was changed to read:

"… to a point in the line dividing the county of Fairfax and Alexandria from each other, ten feet west of Hooff's Run; thence southerly with the said line into the Potomac River; thence up said river to the beginning."[48]

A major change occurred on May 1, 1870, when the City of Alexandria was excluded from the County. This came about through the implementation of an Act of the Assembly[49]following the adoption of a new Virginia Constitution in 1869. In delineating the magisterial districts into which counties were to be divided it was provided that "no part of any town or city having a separate organization, or a population of five thousand or more inhabitants, shall be embraced." Alexandria was such a city and thereafter was independent of as well as outside of the County.

MAP IV

MAP IVAreas Annexed by the City of Alexandria in 1915 and 1929

Drafted by W. B. Allison and B. Sims

There were no further legislative changes in the boundaries of the City of Alexandria after 1871. In 1915, however, the Supreme Court of Appeals of Virginia, reversed a decision of the Circuit Court of Alexandria County given on January 13, 1913. The City Council of Alexandria had sought to annex adjoining territory from both Fairfax and Alexandria counties and had been opposed by the authorities of those counties who had been upheld by the Circuit Court. The Order of the Supreme Court of Appeals[50]transferred 866 acres from Arlington and 450 acres from Fairfax to Alexandria.

This annexation took effect on April 1, 1915. Once more thereafter Arlington County—as it became known after 1920[51]—was to lose territory to the City of Alexandria. This was in 1929 when a decision of the Supreme Court of Appeals[52]rendered May 4, 1929, found in favor of the City of Alexandria which had begun annexation proceedings in December 1927.

The Court held that "it is necessary and expedient that the corporate limits of the City of Alexandria should be extended" and that "the territory to be annexed from Arlington County is a reasonably compact body of land and contains no land which is not adapted to city improvement, and the Court being also of the opinion that no land is included which the City will not need in the reasonably near future for development …"

The Court ordered the annexation[53]to take effect on December 31, 1929. The line thus established remained in effect until January 1, 1966.

This was the last annexation of territory from Arlington County. A special provision of the Act[54]establishing the County Manager plan of government, adopted by Arlington in 1930, effective January 1, 1932, prevents the annexation of anypartof the County (but permits annexation of theentireCounty after referendum). In 1938, as a further precaution, the legislative delegation representing Arlington County succeeded in having the General Assembly enact a law[55]which prohibits the annexation of territory from any county which would result in reducing the area of that county to less than 60 square miles of highland. Since Arlington has less than 26 square miles, this Act effectively checks any further such encroachments upon its territory.

Development on both sides of the 1929 boundary line, construction of streets and notably of the Henry G. Shirley Memorial Highway—and especially changes in the channel of Four Mile Run—eventually brought dissatisfaction with that line. In 1962, the Arlington and Alexandria legislative delegations secured enactment by the General Assembly of an Act[56]permitting an adjustment in the boundary to be concluded by mutual agreement between the governing bodies of the County and the City, the agreement to be recorded in the Clerk's Office of both jurisdictions.

Negotiations began after the area affected had been surveyed and the private property which might be the subject of exchange had been appraised. Impetus was given by the need of Arlington for land in connection with enlargement of the County sewage treatment facilities; this land, although on the North side of Four Mile Run fell in Alexandria. Finally, the Arlington County Board gave approval in principle to a draft proposal on April 10, 1965,[57]and on April 13, 1965, the Alexandria City Council followed suit. A public hearing was held on May 5, 1965, but final action was deferred pending refinement of the proposal. In December 1965, the final agreement was recorded[58]and the transfer of certain publicly owned property approved by the Circuit Court. The net gain to Arlington's area was 167 acres.

This procedure for rectifying boundaries between a County and a City is highly unusual in the Virginia experience.

Arlington's Boundary with the District of Columbia

No definite effort was made at the time of the recession of Alexandria County to Virginia to draw a boundary line between the County and the remaining portion of the District of Columbia. As noted above, the various acts bringing about the recession referred only to "the territory heretofore ceded by the Commonwealth of Virginia." The actual boundary was of small moment at the time.

Toward the end of the 19th Century, however, the United States Government acquired lands on the Virginia shore of the Potomac largely through the purchase of the Arlington estate. As the 20th Century progressed, roads (notably the Mount Vernon Boulevard and later the George Washington Memorial Parkway) were constructed, bridges and bridge approaches built and, eventually, the Federal Government undertook to construct the National Airport at Gravelly Point below Alexander's Island. A suit[59]over government activity in making a land fill raised questions as to the exact location of the boundary—and indeed as to whether Alexander's Island really was an island or was a peninsula. This case, decided by the U.S. Supreme Court on May 4, 1931, set the boundary line between the District of Columbia and Virginia at the high water mark of the Potomac on the Virginia shore as it existed in 1791.

But where had that high water mark been? There had been no survey at the time; the shore line had never been marked; and even had it been, the passage of time had made many changes in the river front.[60]A Commission was established[61]to deal with this question. The instructions to this Commission were to take into consideration the decisions of the Supreme Court of the United States, the findings and report of the Maryland-Virginia Commission of 1877[62]and the Maryland-Virginia compact of 1785.[63]

The Commission accumulated a large volume of testimony and exhibits and completed its report[64]in 1935. It found that the "fair and proper boundary is the low water mark on the Virginia shore running from headland to headland across creeks and inlets." It pointed out that inasmuch as the mark of 1791 could not be determined the low water mark should be accepted as of this day. It suggested that an exception be made at Roaches Run where the line should run 150 feet west of and parallel to the west line of the Mount Vernon Boulevard.

Several bills[65]were introduced into Congress to give effect to the decision of the Commission but none was enacted at this time. The completion of the Airport and the Pentagon Building gave urgency to the problem: conflicts of jurisdiction hampered law enforcement and complicated the question of tax collection. Moreover, Virginia was anxious to insure that the liquor control laws of the State and not those of the District of Columbia should be in effect at the National Airport. In 1942, the General Assembly had adopted an Act[66]covering the boundary question, on the assumption that the bill then pending in Congress would be passed. Disagreement over the details of the jurisdiction to be ceded and accepted by Virginia and the United States Government prevented passage of a Federal Act until 1945 when Public Law 208 was enacted by the 79th Congress. This was followed by an Act[67]of the Virginia General Assembly repealing the 1942 Act and ratifying the 1945 Federal Act.

This law is in effect today. It provides that the boundary line

"shall begin at a point where the northwest boundary of the District of Columbia intercepts the high-water mark of the Virginia shore of the Potomac River and following the present mean high-water mark; thence in a southeasterly direction along the Virginia shore of the Potomac River to Little River, along the Virginia shore of Little River to Boundary Channel, along the Virginia side of Boundary Channel to the main body of the Potomac River, along the Virginia side of the Potomac River across the mouths of all tributaries affected by the tides of the river to Second Street, Alexandria, Virginia, from Second Street to the present established pierhead line, and following said pierhead line to its connection with the District of Columbia-Maryland boundary line; that whenever said mean high-watermark on the Virginia shore is altered by artificial fill and excavations made by the United States, or by alluvion or erosion, then the boundary shall follow the new mean high-water mark on the Virginia shore as altered, or whenever the location of the pierhead line along the Alexandria water front is altered, then the boundary shall follow the new location of the pierhead line."

The Act also provided that all the land on the Virginia side of the Potomac lying between the boundary line as now adopted and the mean high water mark as it existed on January 24, 1791 (wherever that was!) should be ceded to the State of Virginia. The United States, however, reserved concurrent jurisdiction over this area.

Here the matter rests very uneasily today. The exact line was surveyed, monumented, and mapped by the U.S. Coast and Geodetic Survey over the years 1946-1947.[68]However, the working agreements reached by the law enforcement officials of the various jurisdictions concerned have not always proven satisfactory. The long history of the location of the Potomac River boundary of Arlington County cannot yet be said to have reached its end.

Postscript—Towns in Arlington County

Of the three towns which have lain within Arlington County, the only one whose limits have been of importance to the territorial extent of the County is Alexandria. Nonetheless, to complete the record, some mention should be made of the Town of Potomac and the Town of Falls Church, the first of which lay wholly within Arlington, and the second, partly so.

Falls Church is the older town. It was chartered by the General Assembly on March 30, 1875.[69]The charter set forth the boundaries as:

"Beginning at the corner of Alexandria and Fairfax Counties on J. C. DePutron's farm; thence to the corner of W. H. Ellison and Koon [sic] on D. H. Barrett's line; thence to the corner of Sewell and Hollidge, on the new cut road; thence to the corner of J. E. Birch and H. J. England, on the Falls Church and Fairfax Courthouse road; thence to a stone in the road being a corner of B. F. Shreve, Newton, and others; thence to the crossing of the Alexandria and Georgetown roads at Taylor's corners; thence along the line of said Georgetown road to the corner of Samuel Shreve and John Febrey; thence to a pin oak tree near Dr. L. E. Gott's spring; thence to the northeast corner of John Brown's barn; thence to the crossing of Isaac Crossmun's and Bowen's line on the Chain Bridge Road; thence to the place of beginning."

MAP V

MAP VThe Towns of Falls Church and Potomac in Arlington County

Drafted by W. B. Allison and B. Sims

After Arlington adopted the County Manager form of government, the residents of so much of the Town of Falls Church as lay within Arlington County (Map V) sought to have the charter amended to reduce the limits of the Town to that portion which lay in Fairfax. An action was brought on July 7, 1932, and the Circuit Court granted the petition on January 17, 1935.[70]This decision was appealed, however, and it was not until the next year (April 30, 1936) that the order went into effect,[71]after the lower court had been upheld by the Virginia Supreme Court of Appeals.

The area affected by the order is described as:

"Beginning at a large planted stone on the estate of the late J. C. DePutron, at the original western corner of the District of Columbia, which is also at the corner of Fairfax and Arlington counties, and at the corner of the Town of Falls Church; thence with the boundary of said Town S. 83° 155′ E. 2,404 feet more or less, to a planted stone in the center of Little Falls Street also called the Chain Bridge Road, at a point at which said street is intersected by the boundary of the land formerly known as the Bowen tract; thence with the boundary of said Town S. 49° 15′ E. 3,482 feet, more or less, to a planted granite stone at a point which formerly marked the northeast corner of John Brown's barn; thence with the boundary of said Town S. 28° 45′ E. 2,410 feet, more or less, to a point at which there formerly stood a large pin oak on the Gott tract; thence with the boundary of the said Town S. 4° 15′ W. to the boundary between Fairfax and Arlington counties; thence with the said boundary in a northwesterly direction to the place of beginning."

The Town of Potomac was chartered by the General Assembly in 1908.[72]Its boundaries (Map V) were described as:

"Beginning at the north intersection of Bellefont Avenue in the subdivision of 'Del Ray' with the Washington and Alexandria Turnpike, thence northerly along the west line of the Turnpike to the old Georgetown Road, the northern boundary of the subdivision of St. Elmo; thence westerly along the south side of the Georgetown Road to the dividing line of Susan P. A. Calvert and Charles E. Wood; thence with the line of Calvert and Wood to the west line of the Washington, Alexandria and Mt. Vernon R.R. Co., to its intersection with Lloyd's Lane and Bellefont Avenue to the beginning."

All this area was included in the annexation to Alexandria which was effected in 1929 (cf. p. 23).

One proposed town deserves mention. In 1920 a group of citizens petitioned the Circuit Court for a town charter for Clarendon. The Court denied the petition. Upon appeal, the Supreme Court of Appeals of Virginia upheld the lower court, declaring that all of Arlington County was a "continuous, contiguous, and homogeneous community" and as such should not be subjected to subdivision for the purpose of incorporating a town.[73]Since Arlington is even more a "continuous, contiguous, and homogeneous" community than it was in 1922 there is no prospect that ever again will there be a town within the bounds of the County.

APPENDIX

Annexation of 1915

Text of the order of the Supreme Court of Appeals setting the area to be annexed by Alexandria as of April 1, 1915:

"1st. That the following territory in Fairfax County be, and the same is hereby annexed to the City of Alexandria, to wit:—Beginning at a point in mid-channel of Hunting Creek southward of Alexandria Water Company's pumping station with the east side of a lane, called Robert's Lane; running thence northwardly with the east line of said Lane, extended, and with the east line of said Lane to the south side of the Little River Turnpike; thence across the Little River Turnpike in the same direction to the extreme west corner of Shooter's Hill section of George Washington Park sub-division; thence with the west boundary of said Shooter's Hill section to the corner of said Shooter's Hill section and Section No. 2 of said sub- division; thence with the west boundary of said Section No. 2 of said sub-division to a point on the south side of Janney's Road fifty (50) feet west from the intersection of the south side of Janney's Road and the west side of the Leesburg Turnpike; thence continuing to about 25 degrees east to the old District of Columbia line, being the dividing line between said Fairfax County and Alexandria County; and thence southwestwardly with the said old District line to Jones Point on the Potomac River; thence southwardly down the said River to the mid-channel of Hunting Creek: thence with the meanderings of the mid- channel of Hunting Creek up stream, to the point of beginning.... 2nd. That the following described territory in Alexandria County be, and the same is, hereby annexed to the City of Alexandria: Beginning at the northwest corner of the present city boundary, and extended said line westwardly, in the same course until it intersects with the north side of the Braddock Road; thence southwardly, to the Old District line at the northwest corner of the land annexed from Fairfax County; thence with the said old District line southeastwardly to the southwest corner of the present city boundary about twenty feet west of Hooff's Run; thence following the western boundary line of the present city to the northwest corner of the present boundary line of the city and the point of beginning.... And it is further ordered that the boundary lines of the City of Alexandria after annexation shall be as follows: Beginning in the Potomac River at the northeast corner of the present boundary of the City of Alexandria and following the present north boundary line of the City of Alexandria to the northwest corner of the City, thence prolonging said line in the same direction until it intersects with the north side of the Braddock Road; then southwardly to a point on the south side of Janney's Lane fifty (50) feet from the west side of Leesburg Turnpike; thence southwardly along the west boundary line of George Washington Park subdivision to the Alexandria Water Company property and reservoir; thence southwardly with the west line of Alexandria Water Company's property to the north side of the Little River Turnpike; thence across the Little River Turnpike and with the east side of Robert's Lane and continuing with the east side of Robert's Lane extended to the mid-channel of Hunting Creek; thence downstream with the meandering of the mid-channel of Hunting Creek to the Potomac River, thence up the Potomac River to Jones Point and thence with the west side of the Potomac River to the point of beginning, the northeast corner of the present boundary of the City of Alexandria."

Annexation of 1929

Text of the order of the Supreme Court of Appeals setting the area to be annexed by Alexandria as of December 31, 1929:

"Beginning at the intersection of the north corporate limits of Alexandria Virginia with the west shore of the Potomac River, thence extending N. 80° 39′ W. along said north boundary line to the northwest corner of the corporate limits as the same was established prior to the year 1915; thence with the line as established March 22, 1915, and continuing said north corporate line N. 80° 39′ W., 4,353.86 feet to a set stone at the corner on the north side of the Braddock Road within the subdivision of Northwest Alexandria; thence S. 30° 11′ W., 1,892.20 feet to the intersection with the line separating Fairfax and Arlington Counties; thence with the line of said two counties N. 45° 02′ 50″ W., 6,434.88 feet to a point in the center line of the Braddock Road (having passed over an original milestone in said county line at 3,244.70 feet); thence following along the center line of said Braddock Road, S. 84° 22′ 30″ E., 264.20 feet to a point where said Braddock Road is intersected by the southwardly projection of the Seminary Road: thence departing from said Braddock Road and following along the center line of said Seminary Road the following courses: N. 5° 02′ 30″ E. 811.50 feet, N. 22° 46′ 30″ E. 611.05 feet, N. 1° 23′ W., 1,551.40 feet, N. 20° 03′ E. 319.13 feet, N. 19° 48′ E. 385.49 feet, N. 37° 45′ W. 183.32 feet, N. 2° 57′ E. 140.89 feet, N. 28° 00′ E. 165.41 feet, N. 5° 59′ E., 145.83 feet N. 13° 47′ W. 436.37 feet, N. 9° 02′ W. 1,447.08 feet, and N. 2° 10′ 30″ E. 274.90 feet to the point where said center line of said Seminary Road intersects the south right-of-way line of the Washington and Old Dominion Railway; thence with said south right-of-way line S. 77° 39′ 30″ E., 1885.80 more or less, to the center line of the channel of Four Mile Run; thence down the mid-channel line of said Four Mile Run following the meanderings thereof as the same passes under the Washington Virginia Railway (now the Mount Vernon, Alexandria and Washington Railway) the Washington and Alexandria Road, and extending to the intersection of the said Run with the Potomac River; thence following along the west shore line of said Potomac River southwardly to the point of beginning."

Boundary Adjustment 1966

Text of the description of the new Arlington-Alexandria boundary in effect on January 1, 1966, by mutual agreement:

"A line beginning at a point on the common boundary between Fairfax County and the City of Alexandria, Virginia, said point being in the existing right of way of Route #7 and is further defined as point #134 having Virginia State Coordinates of N. 431,495.42 and E. 2,395,581.64 as shown on a map recorded with a deed of annexation in Deed Book 332, page 559, of the land records of the City of Alexandria, Virginia; thence running along said common boundary N. 55° 50′ 10″ E., 69.09 feet to the boundary corner #135 whose coordinates are N. 431,534.22 and E. 2,395,638.81, said point #135 also being shown on the aforementioned boundary map; thence still running with the last mentioned course and across Route #7 1.29 feet (70.38 feet in all) to a point having coordinates N. 431,534.94 and E. 2,395,639.88; thence running N. 09° 13′ 10″ E. 0.69 feet to a point lying on the northerly side of Route #7, 40 feet from same and having coordinates N. 431,535.62 and E. 2,395,639.99; thence running along the northerly side of Route #7 S. 66° 38′ 20″ E., 96.13 feet to a point of curvature whose coordinates are N. 431,497.50 and E. 2,395,728.24 thence continuing with said northerly side of Route #7 and its extension and following the arc of a curve to the right whose radius is 2331.83 feet and whose chord and chord bearing are 810.17 feet and S. 56° 38′ 05″ E. respectively, for an arc distance of 814.30 feet to a point on the extension of the northerly side of 25th Street, and whose coordinates are N. 431,051.93 and E. 2,396,404.88; thence running along said extension and thence with the northerly side of said street N. 50° 54′ 13″ E., 39.53 feet to a point of curvature whose coordinates are N. 431,076.86 and E. 2,396,435.56; thence following the arc of a curve to the right whose radius is 115.60 feet and whose chord and chord bearing are 42.17 feet and N. 61° 24′ 48″ E. respectively, for an arc distance of 42.41 feet to a point of tangency whose coordinates are N. 431,097.04 and E. 2,396,472.59; thence continuing along 25th Street N. 71° 55′ 23″ E. 220.00 feet to a point whose coordinates are N. 431,165.30 and E. 2,396,681.73; thence turning and running across 25th Street and thence along the common boundary between lots #503 and #5 of Section 1 of Claremont Subdivision, and thence across Beauregard Street (its extension into Arlington County being known as S. Walter Reed Drive) S. 18° 04′ 37″ E., 317.80 feet to a point on a curve in the southerly side of Beauregard Street, said point having coordinates N. 430,863.19 and E. 2,396,780.34; thence running along the southerly side of said street and following the arc of a curve to the left whose radius is 410.00 feet and whose chord and chord bearing are 69.89 feet and S. 55° 47′ 34.5″ respectively, for an arc distance of 69.97 feet to a point of tangency having coordinates N. 430,823.90 and E. 2,396,722.54; thence continuing along the southerly side of Beauregard Street and its extension S. 50° 54′ 13″ W. 83.66 feet to a point whose coordinates are N. 430,771.14 and E. 2,396,657.61, said point being 40 feet from the centerline of the previously mentioned Route #7; thence running parallel with but 40 feet from said centerline S. 37° 38′ 20″ E. 572.92 feet to a point whose coordinates are N. 430,317.46 and E. 2,397,007.48, said point being on the extension of the common boundary between Section #1-A of Claremont and Section #2 of Fairlington; thence running along said extension and thence along said common boundary itself N. 44° 19′ 57″ E., 335.55 feet to a point being the northwesterly corner of a parcel of land owned by the City of Alexandria; and having coordinates N. 430,557.48 and E. 2,397,241.97; thence running with the northeasterly boundary of said parcel S. 45° 38′ 10″ E., 242.71 feet to a point on a curve having coordinates N. 430,387.77 and E. 2,397,415.49 and lying in the northerly line of 28th Street; thence running along said northerly line of 28th Street and following the arc of a curve to the right whose radius is 311.48 feet and whose chord and chord bearing are 37.57 feet and S. 64° 02′ 05″ E. respectively, for an arc distance of 37.60 feet to a point of tangency whose coordinates are N. 430,371.32 and E. 2,397,449.27; thence along the northerly side of South Columbus Street S. 60° 34′ 37″ E., 415.05 feet to a point of curvature having coordinates N. 430,167.42 and E. 2,397,810.79; thence running along the arc of a curve to the right whose radius is 215.99 feet and whose chord and chord bearing are 162.40 feet and S. 38° 29′ 37″ E. respectively for an arc distance of 166.50 feet to a point of tangency lying in the intersection of 29th Street and Columbus Street and having coordinates N. 430,040.31 and E. 2,397,911.87; thence running S. 16° 24′ 37″ E. 69.70 feet to a point of curvature on the northeasterly side of Columbus Street and whose coordinates are N. 429,973.45 and E. 2,397,931.56; thence running along the northeasterly side of said street and following the arc of a curve to the left whose radius is 691.20 feet and whose chord and chord bearing are 396.48 feet and S. 33° 04′ 37″ E. respectively, for an arc distance of 402.12 feet to a point of tangency, the coordinates of which are N. 429,641.22 and E. 2,398,147.94; thence running S. 49° 44′ 37″ E. 545.56 feet to a point of curvature whose coordinates are N. 429,288.67 and E. 2,398,564.29; thence following the arc of a curve to the left whose radius is 20.00 feet and whose chord and chord bearing are 21.94 feet and S. 83° 00′ 35.5″ E. respectively, for an arc distance of 23.22 feet to a point of reversed curvature whose coordinates are N. 429,286.00 and E. 2,398,586.07; thence running around the circle of the intersection of Columbus and 30th Streets and following the arc of a curve to the right whose radius is 93.00 feet and whose chord and chord bearing are 177.22 feet and S. 08° 36′ 07″ E. respectively, for an arc distance of 349.54 feet to a point of curvature whose coordinates are N. 429,110.77 and E. 2,398,612.58; thence following the arc of a curve to the left whose radius is 20.00 feet and whose chord and chord bearing are 21.94 feet and S. 65° 48′ 21.5″ W. respectively, for an arc distance of 23.22 feet to a point of tangency on the southeasterly side of 30th Street, said point having coordinates N. 429,101.78 and E. 2,398,592.57; thence running along the southeasterly side of said street S. 32° 32′ 23″ W., 136.28 feet to a point of curvature whose coordinates are N. 428,986.89 and E. 2,398,519.27; thence following the arc of a curve to the left whose radius is 25.00 feet and whose chord and chord bearing are 35.36 feet and S. 12° 27′ 37″ E. respectively, for an arc distance of 39.27 feet to a point on the northeasterly side of Route #7, said point having coordinates N. 428,952.36 and E. 2,398,526.90; thence running S. 57° 27′ 37″ E. 62.54 feet to a point whose coordinates are N. 428,918.72 and E. 2,398,579.62; thence running S. 56° 42′ 37″ E. 713.53 feet to a point of curvature, said point having coordinates N. 428,527.08 and E. 2,399,176.06; thence following the arc of a curve to the right whose radius is 6056.68 feet and whose chord and chord bearing are 1137.63 feet and S. 51° 19′ 17″ E., respectively for an arc distance of 1139.31 feet to a point of tangency on the northeasterly side of Route #7, said point having coordinates N. 427,816.12 and E. 2,400,064.17; thence running along the northeasterly side of Route #7, S. 45° 55′ 57″ E., 2926.68 feet to a point of curvature whose coordinates are N. 425,780.60 and E. 2,402,167.05; thence following the arc of a curve to the left whose radius is 25.00 feet and whose chord and chord bearing are 29.63 feet and S. 82° 16′ 52.5″ E. respectively, for an arc distance of 31.72 feet to a point on the northerly side of Quaker Lane, said point having coordinates of N. 425,776.62 and E. 2,402,196.41; thence following the northerly side of Quaker Lane N. 61° 22′ 12″ E. 25.35 feet to a point of curvature whose coordinates are N. 425,788.77 and E. 2,402,218.66; thence following the arc of a curve to the left whose radius is 880.83 feet and whose chord and chord bearing are 594.59 feet and N. 41° 38′ 39.5″ E. respectively, for an arc distance of 606.50 feet to a point of tangency having coordinates N. 426,233.10 and E. 2,402,613.77; thence turning and running S. 68° 04′ 53″ E. 47.00 feet to a point whose coordinates are N. 426,215.56 and E. 2,402,657.37, said point being on the centerline of Quaker Lane; thence running along the centerline of same N. 21° 55′ 07″ E. 492.76 feet to a point of curvature having coordinates N. 426,672.70 and E. 2,402,841.31; thence following the arc of a curve to the left whose radius is 1200.00 feet and whose chord and chord bearing are 499.27 feet and N. 09° 54′ 42.5″ E. respectively, for an arc distance of 502.94 feet to a point of tangency whose coordinates are N. 427,164.52 and E. 2,402,927.25; thence running N. 02° 05′ 42″ W. 993.05 feet to a point whose coordinates are N. 428,156.91 and E. 2,402,890.95; said point lying in the intersection of Quaker Lane and Crestwood Drive; thence continuing along the centerline of Quaker Lane N. 00° 59′ 42″ W., 201.72 feet to a point of curvature whose coordinates are N. 428,358.60 and E. 2,402,887.45; thence following the arc of a curve to the right whose radius is 595.00 feet and whose chord and chord bearing are 204.00 feet and N. 08° 52′ 33″ E. respectively, for an arc distance of 205.01 feet to a point of tangency having coordinates N. 428,560.16 and E. 2,402,918.93; thence running N. 18° 44′ 48″ E., 122.09 feet to a point of curvature having coordinates N. 428,675.77 and E. 2,402,958.17; thence running along the arc of a curve to the left whose radius is 2181.87 feet and whose chord and chord bearing are 237.27 feet and N. 15° 37′ 47″ E. respectively, for an arc distance of 237.39 feet to a point of tangency having coordinates N. 428,904.27 and E. 2,403,022.10; thence running N. 12° 30′ 46″ E. 88.70 feet to a point of curvature having coordinates N. 428,990.86 and E. 2,403,041.32 and lying in the intersection of Quaker Lane, 32nd Road South, and Preston Road; thence following the arc of a curve to the left whose radius is 243.67 feet and whose chord and chord bearing are 44.38 feet and N. 07° 17′ 14.5″ E. respectively, for an arc distance of 44.44 feet to a point of tangency having coordinates N. 429,034.88 and E. 2,403,046.95; thence running N. 02° 03′ 43″ E. 264.98 feet to a point of curvature whose coordinates are N. 429,299.69 and E. 2,403,056.48 thence still running along the centerline of Quaker Lane and following the arc of a curve to the left whose radius is 2165.91 feet and whose chord and chord bearing are 152.44 feet and N. 00° 02′ 43″ E. respectively for an arc distance of 152.47 feet to a point of tangency having coordinates N. 429,452.13 and E. 2,403,056.60; thence N. 01° 58′ 17″ W., 141.63 feet to a point of curvature having coordinates N. 429,593.68 and E. 2,403,051.73; thence following the arc of a curve to the right whose radius is 4560.67 feet and whose chord and chord bearing are 224.93 feet and N. 00° 33′ 30″ W. respectively for an arc distance of 224.95 feet to a point on the existing Alexandria-Arlington Boundary, said point having coordinates N. 429,818.60 and E. 2,403,049.54; thence running along said existing boundary N. 14° 40′ 33″ W., 307.96 feet to an existing boundary corner with coordinates N. 430,116.51 and E. 2,402,971.52; thence running N. 09° 54′ 36″ W., 1447.14 feet to another existing corner having coordinates N. 431,542.06 and E. 2,402,722.47; thence continuing with said existing Alexandria-Arlington Boundary N. 01° 20′ 15″ E., 271.24 feet to a corner with coordinates N. 431,813.23 and E. 402,728.80, said point being in the vicinity of the Washington and Old Dominion Railroad right of way; thence running S. 78° 26′ 13″ E. 1858.44 feet to an existing boundary corner having coordinates N. 431,440.71 and E. 2,404,549.52; thence continuing with an extension of the last mentioned course 5.73 feet (1864.17 feet in all) to a point whose coordinates are N. 431,439.56 and E. 2,404,555.13; said point lying in Four Mile Run; thence turning and running with the proposed centerline of Four Mile Run N. 20° 30′ 55″ E., 62.07 feet to a point of curvature whose coordinates are N. 431,497.69 and E. 2,404,576.88; thence following the arc of a curve to the right whose radius is 420.44 feet and whose chord and chord bearing are 361.79 feet and N. 45° 59′ 55″ E. respectively, for an arc distance of 374.00 feet to a point of compound curvature having coordinates N. 431,749.02 and E. 2,404,837.12; thence running along the arc of a curve to the right whose radius is 388.90 feet and whose chord and chord bearing are 241.48 feet and N. 89° 34′ 10″ E. respectively for an arc distance of 245.54 feet to a point of tangency whose coordinates are N. 431,750.83 and E. 2,405,078.59 thence continuing along said proposed center and thence with the existing centerline of Four Mile Run S. 72° 20′ 35″ E. 115.13 feet to a point of curvature whose coordinates are N. 431,715.91 and E. 2,405,188.30; thence following the arc of a curve to the left whose radius is 805.00 feet and whose chord and chord bearing are 218.56 feet and S. 80° 08′ 42.5″ E. respectively for an arc distance of 219.24 feet to a point of tangency whose coordinates are N. 431,678.50 and E. 2,405,403.64; thence running S. 87° 56′ 50″ E., 10.38 feet to a point of curvature having coordinates N. 431,678.13 and E. 2,405,414.01; thence following the arc of a curve to the left whose radius is 2864.79 feet and whose chord and chord bearing are 626.25 feet and N. 85° 46′ 40″ E. respectively, for an arc distance of 627.50 feet to a point of tangency whose coordinates are N. 431,724.24 and E. 2,406,038.56; thence continuing along the centerline of said Four Mile Run N. 79° 30′ 10″ E., 571.24 feet to a point of curvature having coordinates N. 431,828.31 and E. 2,406,600.24; thence following the arc of a curve to the right whose radius is 1909.88 feet and whose chord and chord bearing are 500.23 feet and N. 87° 01′ 40″ E., respectively for an arc distance of 501.67 feet to a point of tangency; said point having coordinates N. 431,854.25 and E. 2,407,099.80; thence running S. 85° 26′ 50″ E., 542.38 feet to a point of curvature with coordinates N. 431,811.20 and E. 2,407,640.47; thence following the arc of a curve to the left whose radius is 1432.41 feet and whose chord and chord bearing are 585.03 feet and N. 82° 46′ 10″ E. respectively, for an arc distance of 589.17 feet to a point of tangency having coordinates N. 431,884.83 and E. 2,408,220.85; thence running N. 70° 59′ 10″ E. 28.44 feet to a point of curvature having coordinates of N. 431,894.10 and E. 2,408,247.74; thence following the arc of a curve to the left whose radius is 1318.44 feet and whose chord and chord bearing are 482.64 feet and N. 60° 26′ 22″ E. respectively, for an arc distance of 485.38 feet to a point of tangency having coordinates N. 432,132.21 and E. 2,408,667.56; thence running N. 49° 53′ 34″ E., 4.43 feet to a point whose coordinates are N. 432,135.06 and E. 2,408,670.95; thence running across Mount Vernon Avenue (Arlington Ridge Road in Arlington) and still following the previously mentioned centerline of Four Mile Run N. 71° 20′ 53″ E., 274.92 feet to a point of curvature with coordinates N. 432,222.98 and E. 2,408,931.43; thence running along the arc of a curve to the right whose radius is 315.05 feet and whose chord and chord bearing are 289.48 feet and S. 81° 18′ 07″ E. respectively for an arc distance of 300.28 feet to a point of tangency with coordinates of N. 432,179.20 and E. 2,409,217.58; thence running S. 53° 57′ 07″ E., 314.44 feet to a point whose coordinates are N. 431,994.16 and E. 2,409,471.81; thence still running along said centerline S. 52° 58′ 38″ E., 665.38 feet to a point with coordinates N. 431,593.51 and E. 2,410,003.05; thence S. 61° 35′ 07″ E., 504.49 feet to a point having coordinates N. 431,353.45 and E. 2,410,446.76; thence S. 62° 23′ 28″ E. 1048.27 feet to a point with coordinates N. 430,867.65 and E. 2,411,375.67 and S. 67° 03′ 11″ E., 544.81 feet to a point of curvature, said point having coordinates N. 430,655.24 and E. 2,411,877.37; thence running with the centerline of said Four Mile Run, across Jefferson Davis Highway (Route #1), thru the culvert and Potomac Railroad Yards, and following the arc of a curve to the left whose radius is 446.47 feet and whose chord and chord bearing are 485.07 feet and N. 80° 02′ 34.5″ E. respectively for an arc distance of 512.80 feet to a point of tangency whose coordinates are N. 430,739.11 and E. 2,412,355.13; thence N. 47° 08′ 20″ E. 400.92 feet to a point of curvature having coordinates N. 431,011.83 and E. 2,412,649.01; thence following the arc of a curve to the right whose radius is 247.32 feet and whose chord and chord bearing are 288.28 feet and N. 82° 47′ 15.5″ E. respectively for an arc distance of 307.76 feet to a point of reversed curvature, said point having coordinates N. 431,048.02 and E. 2,412,935.01; thence following the arc of a curve to the left whose radius is 692.78 feet and whose chord and chord bearing are 339.43 feet and S. 75° 44′ 39″ E., respectively for an arc distance of 342.92 feet to a point of tangency with coordinates N. 430,964.43 and E. 2,413,263.99; thence running S. 89° 55′ 29″ E., thru the culvert at George Washington Memorial Parkway and to the Potomac River.

BIBLIOGRAPHY

Arlington County, Virginia.Deed Books.

——.Common Law Order Books.

——.County Board Minute Books.

Arlington Historical Society.The Arlington Historical Magazine.Arlington; annual.

Bain, Chester W.Annexation in Virginia: The Use of the Judicial Process for Readjusting City-County Boundaries. Charlottesville, 1966.

Caton, James R.Legislative Chronicles of the City of Alexandria.Alexandria, 1933.

Conway, Martha Bell.The Compacts of Virginia.Richmond, 1963.

Hall, Clayton C., ed.Narratives of Early Maryland, 1633-1684.New York, 1910.

Hening, William Waller.The Statutes at Large; Being a Collection of All the Laws of Virginia from the First Session of the Legislature in the Year 1619. Second edition. New York, 1823.

Mayor and Citizens of Alexandria, Virginia. "Remonstrance of … Against the Bill to Annex the city and county of Alexandria, to the District of Columbia." Alexandria, 1865.

Moore, Gay Montague.Seaport in Virginia, George Washington's Alexandria. Richmond, 1949.

Richardson, James D., ed. A Compilation of theMessages and Papers of the Presidents, 1789-1897. Washington, 1896.

Robinson, M. P.Virginia Counties, Those Resulting from Virginia Legislation. Bulletin of the Virginia State Library. Richmond, 1916.

Shepherd, Samuel.The Statutes at Large of Virginiafrom the October Session 1792 to December Session 1806. Richmond, 1835.

Stetson, Charles W.Four Mile Run Land Grants.Washington, 1935.

United States. House of Representatives, Seventy-Fourth Congress, 2nd Session.House Document 374; "Report of the District of Columbia—Virginia Boundary Commission."

——. House of Representatives, Seventy-eighth Congress, 1st Session.Report No. 895; "Establishing a Boundary Line Between the District of Columbia and the Commonwealth of Virginia."

——.Statutes at Large.

Virginia.Code of Virginia, 1950, as Amended.

——.Acts of Assembly.

Footnotes

[1]Acts of Congress, February 27, 1801 and March 3, 1801. U.S. Stat. at Large, Vol. 2, pp. 103, 115.

[2]Acts of Assembly, 1920, Chapter 241.

[3]The smallest is Kalawao County, Hawaii, and the second smallest, Bristol County, Rhode Island.

[4]Hening, Vol. i, p. 57. Cf. also Title 7.1, Sec. 1,Code of Virginia, 1950.

[5]Hening, Vol. i, p. 80. Cf. also Title 7.1, Sec. 1,Code of Virginia, 1950.

[6]Hening, Vol. i, p. 100.

[7]Report of the District of Columbia-Virginia Boundary Commission, 74th Congress, 2nd Session,H.D. 374, p. 3. Cf. also, Hall,Narratives of Early Maryland, 1633-1684, p. 102.

[8]Paragraph 21, Virginia Constitution of 1776. Hening, Vol. i, p. 56. Cf. also,Code of Virginia, 1950, Title 7.1, Sec. 1.

[9]Conway,The Compacts of Virginia, p. 8.

[10]Hening, Vol. i, p. 352. Northumberland was first mentioned by name in an Act (IX) of February 1645, and sent its first representative to the Legislature for the session of November 1645.

[11]Act III, October 1649. Hening, Vol. i, p. 362.

[12]Hening, Vol. i, p. 381.

[13]Hening, Vol. ii, p. 151.

[14]Act VIII, October 1666.

[15]Robinson,Virginia Counties, p. 87. This court book may also be inspected at the Stafford County Court House.

[16]Hening, Vol. ii, p. 327.

[17]Stetson,Four Mile Run Land Grants, p. 1.

[18]Acts of Assembly, May 1730, Chapter XVII. Hening, Vol. iv, p. 303.

[19]Acts of Assembly, May 1742, Chapter XXVII. Hening, Vol. v, p. 207.

[20]Acts of Assembly, 1785, Chapter XVII. Hening, Vol. xii, pp. 50-55. Cf. alsoCode of Virginia, 1950, Title 7.1, Section 7, and Conway,The Compacts of Virginia, p. 5. The Potomac River Fisheries Compact of 1958 (Acts of Assembly, 1962, Chapter 406;Code of Virginia 1950, Title 28.1, Sec. 203) did not affect Arlington.

[21]Cf. for example, Samuel Eliot Morison & Henry Steele Commager,The Growth of the American Republic, Vol. I, p. 332. New York, 1962. Leon H. Canfield & Howard B. Wilder,The Making of Modern America, p. 148. Boston, 1964.

[22]Acts of Assembly, 1789, Chapter XXXII, p. 19.

[23]July 16, 1790.

[24]Richardson,Messages and Papers of the Presidents, Vol. I, p. 100.

[25]Richardson,Messages and Papers of the Presidents, Vol. I, p. 102.

[26]Ernest A. Shuster, Jr., "Original Boundary Stones of the District of Columbia";The National Geographic Magazine, Vol. XX, pp. 356-359 (April, 1909).

[27]It has been hinted that George Washington insisted upon this to refute rumors that he had been influenced in his choice of a site by motives of personal gain since he owned land in Arlington. Cf. Moore,Seaport in Virginia, p. 39.

[28]Acts of Assembly, 1845-47, p. 50.

[29]Quoted in "Remonstrance of the Mayor and Citizens of Alexandria...."

[30]Although the "Remonstrance" cited above states that the vote was held on August 17, 1846, the presidential proclamation putting the transfer into effect declares the poll to have been takenviva voceat the Court House on September 1 and 2. The August date is given in the proclamation as that on which five commissioners were appointed by the President and directed to take the poll.

[31]Richardson,Messages and Papers of the Presidents, Vol. IV, p. 470. The legality of the retrocession was unsuccessfully challenged in 1875. Cf.Phillipsv.Payne, U.S. Reports, S.C. Otto 2, p. 130.

[32]Acts of Assembly, 1846-47, Chapter 53. Cf. also,Code of Virginia, 1950, Title 7.1, Sec. 9. For a full account of the actions on the part of both the United States and Virginia in connection with this retrocession, cf. Harrison Mann, "Chronology of Action on the Part of the United States to Complete Retrocession of Alexandria County (Arlington County) to Virginia,"The Arlington Historical Magazine, Vol. 1, No. 1 (1957), pp. 15-23; and "Chronology of Action on the Part of the State of Virginia to Complete Retrocession of Alexandria County (Arlington County) to Virginia"Ibid., Vol. 1, No. 2 (1958), pp. 43-51.

[33]Hening, Vol. vi, p. 214. Cited by title as "An Act for erecting a town at Hunting Creek warehouse, in the county of Fairfax." The text of the Act is given in theJournal of the House of Burgesses, and quoted in Caton,Legislative Chronicles of the City of Alexandria, p. 7.

[34]In the Library of Congress. Reproduced in Moore,Seaport in Virginia, pp. 10-11.

[35]Hening, Vol. vii, p. 604. Acts of Assembly, November 1762, Chapter XXV.

[36]Hening, Vol. x, p. 172. "An Act for incorporating the town of Alexandria in the County of Fairfax."

[37]Hening, Vol. x, p. 192. Acts of Assembly, 1779, Chapter XXXI: "An Act to confirm certain sales and leases by the trustees of the town of Alexandria and to enlarge said town...."

[38]Acts of Assembly, October 1785, Chapter XCI. Hening, Vol. xii, p. 205.

[39]Acts of Assembly, October 1786, Chapter LXXIII. Hening, Vol. xii, p. 362.

[40]Acts of Assembly, November 1796, Chapter 32. Shepherd, Vol. ii, p. 41.

[41]Acts of Assembly, December 1797, Chapter 60. Shepherd, Vol. ii, p. 122.

[42]U.S.Stat. at Large, Vol. 2, p. 255.

[43]Acts of Assembly, 1852, Chapter 358, p. 241.

[44]Acts of Assembly, 1853, Chapter 484. Adopted February 18, 1853.

[45]Acts of Assembly, 1858, Chapter 270. Enacted April 2, 1858.

[46]Acts of Assembly 1865/66, Chapter IX.

[47]Acts of Assembly 1866/67, Chapter 152.

[48]Acts of Assembly 1871, Chapter 73. The frequent and rapid changes in this boundary appear to have been related to the complexion of the electorate in the affected area and the varying political sentiments of the immediate post Civil War and Reconstruction periods.

[49]Acts of Assembly, 1869-70, Chapter 39.

[50]Alexandria County,Deed Book 146, p. 387. See Appendix. Cf. also, C. B. Rose, Jr., "Annexation of a Portion of Arlington County by the City of Alexandria in 1915,"The Arlington Historical Magazine, pp. 22-36, Vol. 2, No. 4 (1964). For a discussion of the judicial process of annexation, cf. Bain,Annexation in Virginia.

[51]Acts of Assembly, 1920, Chapter 241.

[52]Arlington County,Common Law Order Book 12, p. 293. Also,Deed Book 306, p. 300.

[53]See Appendix.

[54]Acts of Assembly, 1930, Chapter 167; Cf. also,Code of Virginia, 1950, Title 15.1, Sec. 692.

[55]Acts of Assembly, 1938, Chapter 22; Cf. also,Code of Virginia, 1950, Title 15.1, Sec. 1056.

[56]Acts of Assembly, 1962, Chapter 314.

[57]Arlington County Board Minute Book XXI, p. 54.

[58]AlexandriaDeed Book, 641, p. 188 (December 21, 1965); ArlingtonDeed Book, 1609, p. 453 (December 23, 1965); ArlingtonCommon Law Order Book85, p. 197. For the description of the new boundary, see Appendix.

[59]Washington Airportvs.Smoot Sand and Gravel Corp., 283 U.S. 348. Cf. also,Marine Railroad and Coal Co. v.U.S., 257 U.S. 47.

[60]This indefinite boundary line "lies in many places some distance from the Potomac River."Report No. 895, H.R., 78th Congress, 1st Session.

[61]48 U.S. Stat. 453; Virginia Acts of Assembly, 1932, p. 485.

[62]Code of Virginia, 1950, Title 7.1, Sec. 7. This Commission dealt only with the boundary below Jones Point but choselow water markas the line. The pertinent words of the agreement (ratified by Virginia in 1878) are: "The low water mark on the Potomac to which Virginia has a right in the soil, is to be measured … from low-water mark at one headland to low water at another, without following indentations, bays, creeks, inlets, or affluent rivers. Virginia is entitled not only to full dominion over the soil to low water mark on the south shore of the Potomac, but has a right to such use of the river...." Interpretation of this agreement took many years and it was 1930 before the line actually was surveyed and monumented.

[63]Code of Virginia, 1950, Title 7.1, Sec. 7. Cf. also page 9 above.

[64]Report of District of Columbia—Virginia Boundary Commission, 74th Congress, 2nd Session,House Document374.

[65]76th Congress, 3rd Session, H.R. 9976; S. 4114. 77th Congress, 1st Session, H.R. 1045; H.R. 5073. 78th Congress, 1st Session, S. 19; H.R. 746; H.R. 3664. The Arlington County Board endorsed H.R. 9976; cf. Minute Book V, p. 423 and VII, p. 500.

[66]Acts of Assembly, 1942, Chapter 267.

[67]Acts of Assembly, 1946, Chapter 26.Code of Virginia, 1950, Title 7.1, Sec. 10.

[68]Unpublished Report dated March 27, 1947, from Lt. Comdr. Roswell C. Bolstad, Chief of Party, on Project G-815, Coast and Geodetic Survey, Department of Commerce.

[69]Acts of Assembly 1874/75, Chapter 316.

[70]Arlington County,Common Law Order Book 16, p. 235 and p. 309.

[71]Arlington County,Common Law Order Book 17, p. 130 and p. 138.

[72]Acts of Assembly 1908, Chapter 273.

[73]Bennettv.Garrett, 112 S.E. 772, decided June 15, 1922.

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