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MAY 25, 2004 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" COUNCIL MAYOR MEYERA E OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRYE. DIEZEL, Kemprville - District 2 MARGARETL. EURE Centerville - District I REBA S. MCCLANAN Rose Hall - District 3 RICHARD A. MADDOX, Beach - DisMct 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMESL. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA JAMES K. SPORE, City Manager LESLIEL LILLEY, City Attorney RUTHHODGES SMITH, MMCA, Cary Clerk 25 May 2004 I- •CITY COUNCIL'S BRIEFINGS - Conference Room A. SOUTHEASTERN PARKWAY/GREENBELT Ken Wilkinson, Environmental Planner Virginia Department of Transportation (VDOT) Karl Kratzer, Project Consultant - H. W. Lochner, Inc B. MEMORIAL DAY 2005 James Ricketts, Director, Convention and Visitors Bureau Vanessa Valldejuli, Associate City Attorney CITYHALL BUILDING I 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctycncl@vbgov.com C. BUS RAPID TRANSIT TECHNOLOGY and PROJECT UPDATE Richard A. Maddox, Council Member II. CITY COUNCIL COMMENTS REVIEW OF AGENDA ITEMS INFORMAL SESSION - Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:30 P.M. V. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Ray Bjorkman Pastor, Beach Fellowship C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 11, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code and Subdivision Regulations to eliminate the Department of General Services and reassign its functions: a. AMEND §§2-247, 2-267, 2-273, 24-2, 33-113.1 and 7.3 b. REPEAL §§2-331, 2-332 C. ADD §2-273 2. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re Elbow Road Phase IIA and ACQUISITION of temporary and permanent easements by agreement or condemnation. 3. Ordinance to AUTHORIZE temporary encroachments into the City's rights -of -way: a. THOMAS EVAN WILLIAMS to maintain an existing fence at 4910 Oceanfront Avenue (DISTRICT 6 - BEACH) b. AUBREY LAYNE, JR- (Pembroke Office Park) to maintain a business sign at Virginia Beach Boulevard and Second Street (DISTRICT 4— BAYSIDE) C. FOXFIRE SUBDIVISION re construction and maintenance of fences at Esplandade Drive and the terminus of the right-of-way (DISTRICT 7 — PRINCESS ANNE) (1) Travis and Tonya Klein 2720 Renaissance Way (2) Robert J. and Linda K. Walsh 2745 Orleans Way (3) Michael B. and Shannon M. Golden 2749 Orleans Way (4) James David and Ann B. Wright 2741 Orleans Way (5) Michael A. and Shelly L. German 2737 Orleans Way (6) Zachary J. Myers 2733 Orleans Way (7) Diana E. Vazquez 2725 Orleans Way (8) Clarence L. and Barbara A. Garvin, Jr. 2717 Orleans Way (9) Richard A. and Debra A. Mills 2713 Orleans Way (10) Mark A. and Tracy M. Clemente 2709 Orleans Way (11) Kevin M. and Deborah A. Kennedy 2705 Orleans Way (12) Kim and Sharon L. Krewson 2701 Orleans Way (13) Edward T. and Margaret M. Rucka, Jr. 2744 Renaissance Way (14) David W. and Kathleen A. Brownell 2748 Renaissance Way (15) Beth V. Post 2752 Renaissance Way (16) Frank S. and Lynda H. Gillikin, Jr. 2756 Renaissance Way (17) Harvey L. Snyder, Jr. 2760 Renaissance Way (18) Henry H. and Laurie Z. Johnson, 11 2700 Renaissance Way (19) Richard Crews 2704 Renaissance Way (20) James K. and Deborah C. Edwards 2708 Renaissance Way (21) Mary A. and Charles A. Kline 2712 Renaissance Way (22) Robert D. and Jennifer Jeffers 2724 Renaissance Way (23) William T. and Cynthia D. Calhoun 2492 Navarre Way d. DAVID SIMS into a portion of Lake Rudee to construct and maintain a boat lift and floating dock at 704 Kennedy Avenue (DISTRICT 6 - BEACH) 4. Ordinance to TRANSFER $130,000 from the General Fund Reserve for Contingencies to the Planning Department's FY 2003-2004 Operating Budget re development of an urban design element for the Historic Kempsville Plan. :[ 11 May 11, 2004 Resolution ESTABLISHING a policy re the connection of private utilities in rural areas for public water and sanitary sewer systems. J. PLANNING 1. Application of HERTZ LOCAL EDITION for an AMENDMENT to the Timberlake PD-Hl land use plan re motor vehicle rentals at 4291 Holland Road, Suite 103 to store up to ten (10) cars at the south end of the parking lot. (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of SANTA FE, LP for Conditional Use Permit re automobile repair at 3700 Sentara Way for construction of a preparation facility containing a paint bay, restrooms and office. (DISTRICT 3- ROSE HALL) RECOMMENDATION: APPROVAL 3. Application of STAR OF THE SEA REGIONAL CATHOLIC SCHOOL for a Conditional Use Permit re a school expansion at 309 15`l' Street. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 4. Application of JESSUP CONSTRUCTION L.L.C. for a Change oiZoning from R40 Residential District to Conditional R-30 Residential District at 1017 Harris Road. (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: K. APPOINTMENTS APPROVAL BOARD OF BUILDING CODE APPEALS— (a) Plumbing/Mechanical (b) Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT iiiiMftititiiti If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 4274303 Hearing impaired, call: TDD only 4274305 (TDD - Telephonic Device for the Deaf) siesMsta�e>sais Agenda 05/25/04\bb w vbeov.com I. CITY COUNCIL'S BRIEFINGS - Conference Room 1:30 P.M. A. SOUTHEASTERN PARKWAY/GREENBELT 11 Ken Wilkinson, Environmental Planner Virginia Department of Transportation (VDOT) Karl Kratzer, Project Consultant - H. W. Lochner, Inc B. MEMORIAL DAY 2005 James Ricketts, Director, Convention and Visitors Bureau Vanessa Valldejuh, Associate City Attorney C. BUS RAPID TRANSIT TECHNOLOGY and PROJECT UPDATE Richard A. Maddox, Council Member CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS THE BEACON SUNDAY, MAY 9, 2004 NOTICE OF PUBLIC HEARING Virginia Beach CCouncil will meet in the Chamber at City Hall, Municipal Center; 2401 Courthouse Drive, Tuesday, May 25, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 3 - ROSE HALL 1. Santa Fe, LP Application: Condtti l Use rmit for an automobile repair establishment at 3700 SeMara Way. Pe DISTRICT 5 - LYNNHAVEN 2. Jessup Construction L.L.C.. Application: Chance of Zoning District Classification from R-40 Residential to Conditional R-30 Residential at 1017 Harris Road. The Comprehensive Plan identifies this site as being within the Primary Residential Area. DISTRICT 2 - KEMPSVILLE 3. Hertz Local Edition Application: Amendment of the Tnbadake PD-H1, NO. Use Plan for motor vehicle rentals at 4291 Holland Road, Suite 103. DISTRICTS - BEACH 4. Star of the Sea Regional Catholic Schoo Application: Conditional Use Permit for a school (expansion) at 30915th Street. All interested citizens are invited to attend. Ruth Hodges Smith, MMC BEACON: MAY 9 and MAY 16,2004 City Clerk 11373928 SUNDAY, MAY 16, 2004 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, May 25, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 3 - ROSE HALL 1. Santa Fe; LP Application: Conditional Use Permitfor an automobile repair establishment at 3700 Senters Way. DISTRICT 5 - LYNNHAVEN 2. Jessup Construction L.L.C. Application: Change of Zoning District Classification from R-40 Residential to Conditional R30 Residential at 1017 Hams Road. The Comprehensive Plan identifies this site as being within the Primary Residential Area. DISTRICT 2. KEMPSVILLE 3. Hertz Local Edition Application: Amendment of the Timberlake PD-H1 Land Use Plan for motor vehicle rentals at 4291 Holland Road, Suite 103. DISTRICT 6 - BEACH 4. Star of the Sea Regional Catholic Schoo Application: Conditional Use Permit for a school (expansion) at 309 15th. Street. All interested citizens are invited to attend. Ruth Hodges Smith; MMC City Clerk BEACON: MAY 9 and MAY 16, 2004 11373928 INFORMAL SESSION - Conference Room 4:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 41, jP0011tt IOU CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the goveming body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf 11 B. INVOCATION: Reverend Ray Bjorkman Pastor, Beach Fellowship C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL AND FORMAL SESSIONS May 11, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA . ORDINANCES/RESOLUTION 11 1. Ordinances to AMEND the City Code and Subdivision Regulations to eliminate the Department of General Services and reassign its functions: a. AMEND §§ 2-247, 2-267, 2-273, 24-2, 33-113.1 and 7.3 b. REPEAL §§2-331, 2-332 C. ADD §2-273 2. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re Elbow Road Phase IiA and ACQUISITION of temporary and permanent easements by agreement or condemnation. 3. Ordinance to AUTHORIZE temporary encroachments into the City's rights -of -way: a. THOMAS EVAN WILLIAMS to maintain an existing fence at 4910 Oceanfront Avenue (DISTRICT 6 -BEACH) b. AUBREY LAYNE, JR. (Pembroke Office Park) to maintain a business sign at Virginia Beach Boulevard and Second Street (DISTRICT 4— BAYSIDE) C. FOXFIRE SUBDIVISION re construction and maintenance of fences at Esplandade Drive and the terminus of the right-of-way (DISTRICT 7 — PRINCESS ANNE) (1) Travis and Tonya Klein 2720 Renaissance Way (2) Robert J. and Linda K. Walsh 2745 Orleans Way (3) Michael B. and Shannon M. Golden 2749 Orleans Way (4) James David and Ann B. Wright 2741 Orleans Way (5) Michael A. and Shelly L. German 2737 Orleans Way (6) Zachary J. Myers 2733 Orleans Way (7) Diana E. Vazquez 2725 Orleans Way (8) Clarence L. and Barbara A. Garvin, Jr. 2717 Orleans Way (9) Richard A. and Debra A. Mills 2713 Orleans Way (10) Mark A. and Tracy M. Clemente 2709 Orleans Way (11) Kevin M. and Deborah A. Kennedy 2705 Orleans Way (12) Kim and Sharon L. Krewson 2701 Orleans Way (13) Edward T. and Margaret M. Rucka, Jr. 2744 Renaissance Way (14) David W. and Kathleen A. Brownell 2748 Renaissance Way (15) Beth V. Post 2752 Renaissance Way (16) Frank S. and Lynda H. Gillikin, Jr. 2756 Renaissance Way (17) Harvey L. Snyder, Jr. 2760 Renaissance Way (18) Henry H. and Laurie Z. Johnson, lI 2700 Renaissance Way (19) Richard Crews 2704 Renaissance Way (20) James K. and Deborah C. Edwards 2708 Renaissance Way (21) Mary A. and Charles A. Kline 2712 Renaissance Way II (22) Robert D. and Jennifer Jeffers 2724 Renaissance Way (23) William T. and Cynthia D. Calhoun 2492 Navarre Way d. DAVID SIMS into a portion of Lake Rudee to construct and maintain a boat lift and floating dock at 704 Kennedy Avenue (DISTRICT 6 - BEACH) 4. Ordinance to TRANSFER $130,000 from the General Fund Reserve for Contingencies to the Planning Department's FY 2003-2004 Operating Budget re development of an urban design element for the Historic Kempsville Plan. DEFERRED: May 11, 2004 5. Resolution ESTABLISHING a policy re the connection of private utilities in rural areas for public water and sanitary sewer systems. WN•ry' i� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances Amending the City Code to Reflect the Elimination of the Department of General Services and Reassignment of its Functions MEETING DATE: May 25, 2004 ■ Background: In March, 2003, the City Manager determined that a reorganization and consolidation of the Department of General Services within, but not limited to, the Departments of Public Works, Parks and Recreation, and Libraries, would be in the best interest of the City. A committee was appointed to develop an implementation plan for the City Manager's approval. The guiding principles of the consolidation plan were to Reduce the cost of services, Improve customer service, and Develop efficiencies through better coordination of services. In August, 2003, the City Manager accepted the committee's recommendations and the following changes were made: • Landscape Services was incorporated into the Department of Parks and Recreation. ■ Building Maintenance and Automotive Services became a part of the Department of Public Works. • Records Management was included in the Department of Libraries. ■ The functions of Facilities Management were included in the Department of Management Services. ■ Considerations: Section 2-267 of the City Code will be amended to reflect the current divisions within the Department of Public Works, incorporating those divisions that were formerly in the Department of General Services. Section 2-273 will be added to define the composition and duties of the Building Maintenance division in the Department of Public Works. Sections 2-331 and 2-332 of the City Code deal with the creation, composition, and functions of the Department of General Services. As a result of the elimination of the department, these sections will be deleted. Section 2-247 of the City Code will be amended to reflect the addition of the facilities management function to the Department of Management Services and remove two references to the internal audit function, which is no longer a function of Management Services. Section 24-2 of the City Code defines the function of the Department of Parks and Recreation, and a brief statement about the added city landscaping responsibilities is appropriately added. Similarly, Section 33-113.1 required landscaping at subdivision sign encroachments to be approved by the landscape services division of the Department of General Services. This will be amended to assign that responsibility to the Department of Parks and Recreation. Section 7.3 of the Subdivision Regulations will be amended to remove the reference to General Services. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Alternatives: None. ■ Recommendations: Approval of ordinances ■ Attachments: Two (2) ordinances March 5, 2003 memo from the City Manager to create the consolidation committee; August 18, 2003 memo from the City Manager to announce the reorganization of General Services; and January 7, 2004 letter from the City Manager to the Mayor and Members of City Council to identify fiscal and staffing changes brought about by the consolidation. Recommended Action: Approval Submitting Department/Agency: Department of Management Services W) City Manager: L 7� �` d ra`4Gu11A BEgc�� #b= :_k City of Virginia Beach OFFICE OF THE CITY MANAGER (757)4274242 FAX (757) 4274135 TOO (757) 4274305 INTER OFFICE CORRESPONDENCE DATE: March 5, 2003 MUNICIPAL CENTER BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456.9001 TO: Clarence Wamstaff, Interim Chief Operating Officer Dean Block, Director— Public Works Cindy Curtis, Director — Parks and Recreation Barry Shockley, Administrative Services Manager — General Services Marcy Sims, Director — Libraries Cartheryn Whitesell, Director— Management Services FROM: James K. Spore/ SUBJECT: Consolidation of the Department of General Services with Other Existing Departments After careful deliberation, I have determined that a reorganization and consolidation of the General Services Department within, but not limited to, the Departments of Public Works, Parks and Recreation and Libraries would be in the best interest of the city. I am appointing a committee to develop an implementation plan for my approval with preliminary results back to me by June 1, 2003. The General Services consolidation committee will consist of. Catheryn Whitesell, Dean Block, Barry Shockley, Cindy Curtis, Marcy Sims, with Clarence Wamstaff as the chairperson. The guiding principles of the consolidation plan to be developed by the committee shall be: 1. reduce cost of services, 2. improve customer service, and 3. develop efficiencies through better coordination of services. If you have any questions, please let me know. JKS:SGH 04 U City of Virgiriia Beach 5 S OF OUR NA1.10N OFFICE OF THE CITY MANAGER (757) 4274242 FAX (757)427-5626 TOD (757) 4274305 DATE: August 18, 2003 TO: Clarence Wamstaff Barry Shockley Dean Block Cindy Curtis Marcy Sims Catheryn Whitesell Regina Hilliard FROM: James K Spore, City Manager SUBJECT: Reorganization of General Services MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23356-9001 First, I would like to thank you for your diligent analysis of this issue. I have generally accepted your recommendations as you proposed them and would like to convey my decision to you via this memorandum. • Landscape Services will be incorporated into the Department of Parks and Recreation. • Building Maintenance and Automotive Services will become a part of the Department of Public Works. • Records Management will be included in the Department of Libraries. • The creation of a facilities office in the Department of Management Services for coordination of city office space, towing issues, taxicab issues, building security, building leases and other administrative functions previously coordinated by General Services. While these recommendations will take place immediately, there is still work to be done, and I have requested that the committee stay intact to oversee the implementation of this reorganization. You will need to review implementation issues, maximize the opportunities of this consolidation, as well as welcome new staff into your departments. In addition, I will ask the Directors of Public Utilities, Parks and Recreation, Public Works, Police, Fire, August 18, 2003 5ubj: Reorganization of General Services Page 2 and Management Services to appoint a representative from each of their departments to serve on a users advisory group on city garage issues. This group will use a "commons" approach for the development of citywide policy regarding automotive services. I have also asked Management Services to review citywide parking system issues with the goal of incorporating a "parking system management and operation" strategy into the FY 2004-05 Operating Budget. Again, I want to sincerely thank all staff who either served on the committee or supported the committee for their diligent efforts and overall cooperation for the reorganization. I believe the reorganization will not only provide savings to our citizens, but the opportunity to integrate these services in the most effective manner. cc: Chief Officers ovNIA11 City of Virgirzia Beach a z= yygk � - etc; S OF OUR N00N5 OFFICE OF THE CITY MANAGER (757) 4273242 FAX (757) 427-5626 TDD (757) 4274306 January 7, 2004 The Honorable Mayor and Members of City Council Dear Mayor and Councilmembers: MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VA 23456-9001 Identified below, as required by the Adopted Budget Ordinance, are the decisions made with regard to redirecting the responsibility for various activities of the General Services Department to the departments of Parks and Recreation, Public Works, Libraries, and Management Services. The goal of this consolidation is to maintain the high quality of service provision provided by the General Services Department while gaining efficiencies by co -locating like functions within other departments. The consolidation of the functions of the General Services Department into various departments is as follows: Parks and Recreation is providing oversight and direction for Landscape Services. This includes maintenance of the resort area, school sites, public buildings and streets, and parks. In addition, Parks and Recreation will coordinate Clean Community activities. This consolidation will maintain all existing services while reducing the cost by $324,000 and eliminating 5.0 full-time positions. Public Works oversees Building Maintenance and Automotive Services. This consolidation includes all electrical, plumbing, custodial, and construction related activities for city owned/leased buildings. The city's Automotive Services Division has also been consolidated within the department. This consolidation will eliminate 2.5 full- time positions and reduce the cost of service provision by $200,000. Libraries has assumed the records management function. It is felt that Libraries' understanding of document management techniques will assist the city in better managing this critical function. A reduction of one full-time position has already been realized in Records Management effective July 1, 2003. Management Services will assist by overseeing several areas which did not fit neatly into these other areas. Primarily, these are the areas of coordination of office The Honorable Mayor and Members of Council January 7, 2004 Page 2 space and city facility leases which relate directly to resource decisions. In addition, they will provide coordination of building security contracts and will work with the city's Safe Community Team to address other building security concerns through the budget and CIP. At my request, Management Services will be undertaking a parking management study to evaluate overall management of city parking including: (1) Municipal Center parking, (2) resort area parking, and (3) city owned parking decks in the Town Center and the resort area. Management Services will also assist my office in dealing with organizational issues surrounding taxi operations and towing regulations. As was discussed during the budget process, we will achieve moderate savings without reducing services. Consistent with the city's no layoff policy and support for our workforce, Human Resources is working with all affected employees to ensure their concerns are addressed. All of these changes will be reflected in the upcoming FY 2004-05 Resource Management Plan. This consolidation will require fine-tuning over the next several months; however, I wanted to make you aware of the decisions that have been made to date. Please let me know if you have any questions. Sincerely, n1mes K Spore Manager JKS/kma cc: Charles Meyer Susie Walston Steve Thompson David Sullivan Cindy Curtis Dean Block Marcy Sims Catheryn Whitesell Fagan Stackhouse 1 AN ORDINANCE AMENDING THE CITY CODE TO REFLECT 2 THE ELIMINATION OF THE GENERAL SERVICES 3 DEPARTMENT AND REASSIGNMENT OF ITS FUNCTIONS 4 5 SECTIONS ADDED: § 2-273 6 7 SECTIONS AMENDED: §§ 2-247, 2-267, 2-273, 24-2 8 AND 33-113.1 9 10 SECTIONS REPEALED: §§ 2-331, 2-332 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 2-247, 2-267, 24-2 and 33-113.1 of the City Code 16 are hereby amended and reordained, Sections 2-273 is added, and 17 Sections 2-331 and 2-332 repealed, to read as follows: 18 ARTICLE VII. DEPARTMENT OF MANAGEMENT SERVICES 19 20 Sec. 2-247. Functions. 21 The department of management services shall be responsible for 22 resource management, review and allocation, for budget and capital 23 program policy development, and for the following general duties, 24 including any other duties which may be required, assigned, or 25 prescribed by the council or the city manager: 26 (1) Plan, prepare, and develop the annual operating budget, 27 including estimates of appropriations and revenues for support 28 of the operating budget, consistent with the provisions of 29 chapter 5 of the Charter, and carry out the same duties for 30 all amendments thereto. 31 2) Plan, prepare, and develop the capital improvements 32 program and capital budget in accordance with section 2-195 33 and carry out the same duties for all amendments thereto. 34 (3) Be responsible for short-term and multi -year financial 35 forecasts of both expenditures and revenues and annually 36 prepare a five-year forecast of expenditures and revenues. 39 required by the eity fftanager ems- the a__ e.cer _ f - -- ,.._.__ __._._,_. ��J 40 41 -(-5 (4)Be responsible for economic and fiscal impact analysis, 42 policy and fiscal analysis, and program evaluation services 43 regarding city programs, agencies, business processes and 44 projects, and for provision of management assistance services 45 to teams, agencies and programs to improve cost management, 46 business processes and operations. 47 +6• (5)COordinate or carry out city-wide surveys, strategic and 48 fiscal planning, and provide staff support for special studies 49 and projects. 50 (6) Allocate space for city agencies and coordinate leases 51 for buildings or land used by city agencies. 52 COMMENT 53 A reference to auditing duties is deleted, since this duty is 54 currently assigned to the Audit Services Department. The proposed new 55 subsection establishes responsibility for allocating space for city 56 agencies to the Management Services Department. 57 58 59 60 61 62 63 64 65 2 [77 ARTICLE VIII. DEPARTMENT OF PUBLIC WORKS M. 68 Sec. 2-267 Divisions established. 69 There shall be, within the department of public works, the 70 following divisions: 71 (1) Engineering division. 72 (2) Highway division. 73 (3) Selid Waste management division. 75 (§4) Office of real estate. 76 (5) Building maintenance division 77 (6) Automotive services division 78 COMMENT 79 80 As part of re -assigning the functions of the General Services 81 Department, the Building Maintenance division and Automotive Services 82 division are assigned to the Department of Public Works. The section is 83 also updated to revise the name of the Waste Management division and 84 eliminate the Traffic Engineering division. 85 86 Sec 2-273 Composition and duties of building maintenance 87 division. 88 89 The building maintenance division of the department of public 90 works subject to the supervision and control of the director of 91 public works shall be responsible for the maintenance of the 92 buildings within the city government and matters relating thereto 93 and such other duties as may be required or prescribed. 94 95 COMMENT 96 97 This new section states the duties of the Building Maintenance 98 division of the Public Works Department. 99 100 3 101 102 ARTICLE XII. DEPARTMENT OF GENERAL SERVICES 103 Sec. 2-331. Greated, eampesitien Reserved. 104 There is hereby :—cited—a—department e€—gener-al servle- 105 wl =eh shall eensist ef—a—d€=eeter e€ general serviees and sueh 107tl;ie e ty manager er the ,ai Eeet.._ eensistent th th 108 109 Sec. 2-332. Ferns Reserved. h, l l be f- 110 The -dew$€ general serv4 ee s s respensible the €'€-p 111 the fftaintenanee ef the—b{ta4:dings— and-jreianEis within e 112 , 1..e F tl.e.- t.. :ty 113 €e r t _� r•re�e s-}��-o=a�-t-�rt�� ageneies as Ig by the of t}ar by 114 ---. pr- ____heei _______-l_ er erders elty Manager 115 the a: ete eansistent t�ier-...;th. 116 117 COMMENT 118 119 These changes reflect the elimination of the General Services 120 Department. 121 PARRS AND RECREATION 122 . . . . 123 Sec. 24-2. Functions of department. 124 The department of parks and recreation shall be responsible 125 for operating and maintaining all public parks, playgrounds and 126 recreation facilities and grounds within the city government and 127 organizing and conducting recreation programs, and shall have such 128 other powers and duties as may be assigned by the council. 129 COMMENT 130 131 The duty for maintaining public grounds is transformed to the 132 Department of Parks and Recreation. 133 51 133 134 ARTICLE VI. ENCROACHMENTS INTO PUBLIC STREETS AND 135 OTHER PUBLIC WAYS, PLACES OR PROPERTY 136 . . . . 137 Sec. 33-113.1. Criteria for administrative approval of certain 138 encroachment applications. 139 140 (a) City council hereby authorizes the city manager or his 141 designee, upon proper application to the department of public 142 works, to approve any encroachments into public streets, ways, 143 places, or property for private underground utilities and 144 subdivision identification signs when the following conditions are 145 met: 146 . . . . 147 (10) If the encroachment is a subdivision sign, the sign 148 shall not exceed thirty-two (32) square feet per face, 149 shall not exceed two (2) faces, shall not exceed six 150 (6) feet above the natural grade at the curb, and 151 landscaping shall be approved by $ire '_andseap, 152 seiF�Frees divisien of the department of general 153 serviees parks and recreation. 154 . . . . 155 CQNE�WNT 156 157 The responsibility for approving subdivision sign encroachments is 158 re -assigned to the Department of Parks and Recreation. 159 160 Adopted by the City Council of the City of Virginia Beach, 161 Virginia, on this day of , 2004. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ,T) a P"'Jd - b��A Q11\ P zae��O_ �]� Management Services i, CClty Attorney'00ffice CA-9140 GG/ordres/proposed/02-267etalord.doc R8- May 18, 2004 5 I AN ORDINANCE TO AMEND AND REORDAIN THE 2 SUBDIVISION REGULATIONS TO REFLECT THE 3 ELIMINATION OF THE GENERAL SERVICES DEPARTMENT 4 5 SECTION AMENDED: § 7.3 of the Subdivision Regulations 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 7.3 of the Subdivision Regulations is hereby 11 amended and reordained, to read as follows: 12 PROCEDURAL REQUIREMENTS ON IMPROVEMENTS 13 . . . . 14 Sec. 7.3. Performance bond in lieu of installation. 15 Where installations as required herein have not been made, in 16 whole or in part, the city may accept for dedication for public use 17 any right-of-way located within the subdivision which has 18 constructed herein, or proposed to be constructed therein according 19 to plans and specifications filed and approved, any street, curb, 20 gutter, sidewalk, drainage, traffic control, street lights, 21 sewerage system, water system or other improvement, financed or to 22 be financed other than by city funds, only if the owner or 23 developer furnished to the city a subdivision agreement indicating 24 completion date of the required improvements and a form of surety 25 satisfactory to the city attorney in an amount equal to the 26 estimated costs of remaining construction (with estimated costs 27 agreed to by the departments of planning, general =-_._ees parks 28 and recreation and public works, and the department of public 29 utilities where water or sewer facilities are concerned); however, 30 in no case shall the amount of surety be less than twenty (20) 31 percent of the total construction costs of the improvement. 32 COMMENT 33 The reference to the General Services department is deleted, and the Parks and Recreation 34 department is added to reflect its involvement in approving subdivision agreeements. 35 36 37 Adopted by the City Council of the city of Virginia Beach, 38 Virginia, on this day of , 2004. CA-9140 GG/ordres/proposed/subreg7.3ord.doc R5 - May 18, 2004 JAPPROVED ,ASS ITO CONTENTS: Management Services 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' ffIce CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Elbow Road Extended Phase IIA, CIP 2-065 Authority to Acquire Property and Easements (Temporary and Permanent) by Agreement or Condemnation MEETING DATE: May 25, 2004 ■ Background: This project first appeared in the 2002/2003 CIP to facilitate advance construction of a two-lane roadway connection between Elbow Road and Princess Anne Road, thereby providing a key linkage of Dam Neck Road to Elbow Road in the vicinity of the Verizon Wireless Virginia Beach Amphitheater. The `parent" VDOT project, CIP 2-152 Elbow Road Extended Phase II, which will provide for the full four- lane roadway between the Verizon Wireless Virginia Beach Amphitheater and Indian River Road, is not currently funded for construction. Hence, this City roadway project, Elbow Road Phase IIA, CIP 2-065, was established to provide an immediate two-lane linkage. ■ Considerations: This project will extend Elbow Road as a two-lane roadway on a 125' right-of-way from the terminus of Dam Neck Road near the Amphitheater to the terminus of Elbow Road at New Castle Elementary School, a distance of approximately 3,000 feet. Intersection improvements at Elbow Road and Salem Road are also included with this project. The Master Transportation Plan component of the Comprehensive Plan identifies the need for this roadway to serve this area of the City. This project will provide for an alternative route for traffic using Princess Anne Road, Salem Road, Independence Boulevard, and North Landing Road, while serving New Castle Elementary School, the Verizon Wireless Virginia Beach Amphitheater, the proposed Princess Anne Park Athletic Complex, and other Princess Anne Common venues. The projected 2028 traffic volume is 29,000 vehicles per day. The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all of the property and easements (temporary and permanent) associated with the Elbow Road Extended Phase IIA Project, CIP 2-065. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Deny the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Elbow Road Extended Phase IIA Project, CIP 2-065. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Elbow Road Extended Phase IIA Project, CIP 2-065. ■ Attachments: Ordinance Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agen9 cy: Public Works/Real Estate lCity Manager: ,/— .7 N-A, I AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY 2 IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 ELBOW ROAD PHASE HA (CIP 2-065) 4 AND THE ACQUISITION OF TEMPORARY AND PERMANENT 5 EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION 6 7 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 8 necessity exists for the construction ofthis important roadway project and intersection improvements 9 to provide transportation and for other public purposes for the preservation of the safety, health, 10 peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia 11 Beach: 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 15 pursuant to Sections 15.2-1901, et se .,Code of Virginia of 1950, as amended, of all that certain real 16 property in fee simple, including temporary and permanent easements and right-of-way (collectively 17 the "Property") as shown on the plans entitled "CITY OF VIRGINIA BEACH, VIRGINIA 18 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION • ELBOW ROAD 19 EXTENDED PHASE 11A (CIP NO. 2-065) • ELBOW ROAD EXTENDED WATER 20 IMPROVEMENTS (CIP NO. 5-148)" (the "Project"), and more specifically described on the 21 acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Engineering 22 Division, Department of Public Works, City of Virginia Beach, Virginia. 23 Section 2. That the City Manager is hereby authorized to make or cause to be made on 24 behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the 25 owners or persons having an interest in the Property. If refused, the City Attorney is hereby 26 authorized to institute proceedings to condemn the Property. 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 28 of 12004. 29 CA9187 APPROVED AS TO CONTENTS C. SIGNATURE Pw key � DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY `3s TS"4 t+f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment request for Mr. and Mrs. Thomas Evan Williams at 4910 Oceanfront Avenue for an existing fence. MEETING DATE: May 25, 2004 ■ Background: Mr. and Mrs. Williams have requested permission to allow an existing fence to remain in the 5& Street right-of-way adjacent to their property at 4910 Oceanfront Avenue. The fence is 5' in height and 193' in length. This fence was discovered to be encroaching into the city right-of-way, by city personnel, while inspecting new construction underway at 4910 Oceanfront Avenue. ■ Considerations: City staff has reviewed the request for the proposed encroachment and have recommended approval of same, subject to conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve encroachment with recommended conditions, deny the request or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Location Map, Agreement, Plat Recommended Action: Approval Submitting Department/Agency: Public Works City Manager. `lL "'�3" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY KNOWN AS 50TH STREET, BY THOMAS EVAN WILLIAMS AND BONNIE WILLIAMS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Thomas Evan Williams and Bonnie Williams have requested permission to allow an existing fence to remain within the City's right-of-way located at 4910 Oceanfront Avenue. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Thomas Evan Williams and Bonnie Williams, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a fence in the City's right-of-way as shown 24 on the map entitled: "EXHIBIT A PLAT SHOWING ENCROACHMENT OF 5' WOOD 25 26 27 28 FENCE INTO 50TH STREET RIGHT OF WAY FOR BONNIE & T. EVAN WILLIAMS D.B. 4165 P. 1227 LOT 28 THE HOLLIES M.B. 6 P. 107 VIRGINIA BEACH, VIRGINIA SCALE: 1" — 25' J U N E 23, 2003", a copy of which is attached and to which reference is made for a more particular description; and 29 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and Thomas Evan Williams and Bonnie Williams (the 32 "Agreement'), which is attached hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 34 is hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 36 time as Thomas Evan Williams and Bonnie Williams and the City Manager or his 37 authorized designee execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 day of 2004. m 41 APPR V'E/DD -AS TO CO}NTEN7S 42 ��-" - �/✓ttk 43 SIGNATURE 44 45 DE5PARTMENT 46 47 APPROVED AS TO LEGAL 48 SUFFICIENCY ANDFORM 49 50 CITY ATTORNE 51 52 CA-91$0 53 PREPARED:5/6/04 ATLANTIC AVE. (PLAT) (UNDEVELOPED) M.B. 6 P. 107 5.5' Ul 0 fi S D m N � c � om <m 0 m 0 0 J � T \CN C ra T OCEANFRONT AVENUE (50' R/W) (1ST STREET - M.B. 6 P. 107) EXHIBIT A PLAT SHOWING PIN(F) ENCROACHMENT OF 5' WOOD FENCE INTO LOFT 50th STREET RIGHT OF WAY FOR BONNIE & T. EVAN WIWAMS D.B. 4165 P. 1227 EXLTIJ LOT 28 � t, THE HOWES ALLLW (tBRUCE c M.B. 6 P. 107 .' VIRGINIA BEACH, VIRGINIA SCALE: 1" = 25' JUNE 23, 2003 99-224 JB D:99-224 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this day of_1y;L, 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, T. EVAN WILLLAMS & BONNIE WILLIAMS THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNI- SSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT #28, SUBDIVISION THE HOLLIES" and being further designated and described as 4910 Oceanfront Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing fence, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City right of way known as 50`h Street, Oceanfront Avenue, and Atlantic Avenue "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2418-98-0854 permission to use The Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT A • PLAT SHOWING ENCROACHMENT OF 5' WOOD FENCE INTO 50TH STREET RIGHT OF WAY FOR BONNIE & T. EVAN WILLIAMS D.B. 4165 P. 1227 LOT 28 THE HOLLIES M.B. 6 P. 107 VIRGINIA BEACH, VIRGINIA • SCALE: 1" = 25' JUNE 23, 2003" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services center/Planning department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for 2 exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment scaled by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the 'Temporary Encroachment. It is further expressly understood and agreed that the T emporary Encroachment must conform to the minimum setbacks requirements, as established by the City. IN WITNESS WHEREOF, BONNIE WILLIAMS & T. EVAN WILLIAMS, the said Grantee has caused this Agreement to be executed by their sil iatures and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH, By __ City Manager/Authorized Designee or the City Manager (SEAL) ATTEST: City Clerk T. -Evan Williams STATE OF VIRGIT�IA CITY OF VIRGINIA BEACH, to -wit: 'The foregoing instrument was acknowledged before me this ____ day of 2004, by DESIGNEE OF THE CITY MANAGER. MN Commission Expires: ,T CTTY MANAGER/AUTHORIZED 1, otary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF� CITY/COUNTY OF �J tC'i to -wit: The foregoing instrument was acknowledged before me this o2( day of rt t 2004, by Bonnie Williams. �� Notary Pu ct5 n ` u MyCommission Expires: $ STATE OF ��(( CITY/COUNTY OFC61�54 r'P('Lo ( to -wit: The foregoing instrument was acknowledged before me this a�L day of Ckpr'f 12004, by T. Evan Williams. My Commission Expires:`9 - 3 1 - OS APPROVED AS TO CONTENTS DEPARTMENT s SIGNATURE 5 APPROVED AS TO LEGAL SUFFICIENCY A FORM CITY ORNE IV-, 5.5' 0 0 0 0 m z 0 U 2 2 Mil ATLANTIC AVE. (PLAT) (UNDEVELOPED) M.B. 6 P. 107 ''F— z_! T 90 OCEANFRONT AVENUE (50' R/W) (1ST STREET - M.B. 6 P. 107) EXHIBIT A PLAT SHOWING PING ENCROACHMENT OF 5' WOOD FENCE INTO LOT 239 50th STREET RIGHT OF WAY FOR BONNIE & T. EVAN WILLIAMS D.B. 4165 P. 1227 st.LTH LOT 28 THE HOWES BRUCE1.' gLL1,1Q M.B. 6 P. 107 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 25' JUNE 23, 2003 b ... GALLUP 99-224 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to maintain an identification sign at Virginia Beach Boulevard and Second Street for Aubrey L. Layne, Jr., on behalf of Pembroke Office Park, L.P. MEETING DATE: May 25, 2004 ■ Background: Mr. Layne desires to maintain a business identification sign located at Virginia Beach Boulevard and Second. The sign will mirror an existing sign located at Independence Boulevard and Broad Street, which is west of Pembroke Mall. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subjected to certain conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Location Map, Agreement, Plat, and Pictures. Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works / Real Estate IX City Manager. V •��`L I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE RIGHT-OF-WAY AT 6 VIRGINIA BEACH BOULEVARD AND 7 SECOND STREET, BY PEMBROKE OFFICE g PARK, L.P., ASSIGNS AND SUCCESSORS IN 9 TITLE 10 11 WHEREAS, Pembroke Office Park, L.P. desires to maintain a business 12 identification sign in the City's right-of-way located at Virginia Beach Boulevard and 13 Second Street. 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's right-of-way subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY is OF VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Pembroke Office Park, L.P., 21 its heirs, assigns and successors in title are authorized to maintain a temporary 22 encroachment for a business identification sign in the City's right-of-way as shown on 23 the map entitled: "Entry sign for Pembroke Office Center encroachment at VB Blvd." a 24 copy of which is on file in the Department of Public Works and to which reference is 25 made for a more particular description; and 26 BE IT FURTHER ORDAINED, that the temporary encroachment is 27 expressly subject to those terms, conditions and criteria contained in the agreement 1 between the City of Virginia Beach and Pembroke Office Park, L.P., which is attached 2 hereto and incorporated by reference; and 3 BE IT FURTHER ORDAINED, that the City Manager or his authorized 4 designee is hereby authorized to execute the Agreement; and 5 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 6 until such time as Pembroke Office Park, L.P. and the City Manager or his authorized 7 designee execute the Agreement. 8 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of 2004. 10 11 12 APPROVED AS TO CONTENTS 13 ( C. 92,St, 14 NATTURE 15 Pit) &^ &P�o 16 DEPARTMENT 17 18 APPROVED AS TO LEG 19 SUFF ICIEkCY AND F 20 21 CITY ATTORNEY 22 23 CA-9176 24 PREPARED:3a5A 25 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIIABURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 4 f4 day of /yip r c A 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and PEMBROKE OFFICE PARK, L.P. ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PEMBROKE ASSOCIATES" as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY FOR PEMBROKE ASSOCIATES BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA Scale: 1" = 50' March, 1975 ", as recorded in M.B.109, at Page 21 in the Clerks Office of the Circuit Court ofthe City of Virginia Beach, Virginia and being further designated and described as 281 Independence Boulevard, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to maintain an identification sign for a business, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Second Street and Virginia Beach Boulevard, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: 1477-35-3753-0000 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Entry sign for Pembroke Office Center encroachment at VB Blvd.", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that "For Lease/Rent" signs within the median adjacent to the identification sign must be removed by November 30, 2003. It is further expressly understood and agreed that the prior sign's foundation base is a pedestrian hazard and must be removed by November 30, 2003. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and PA expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a pennit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The 3 Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Pembroke Office Park, L.P. has caused this agreement to be executed by Aubrey L. Layne, Jr., Managing Member of Pembroke Office Park, L.P., a Virginia limited partnership, with due authority to bind said limited partnership. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 0 CITY OF VIRGINIA BEACH M (SEAL) ATTEST: City Clerk City Manager/Authorized Designee of the City Manager a STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: .;"Managing Member The foregoing instrument was acknowledged before me this day of 200E, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: 5 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2003, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: ySE OF v 1 1 kG") 4 IT /eeb-NTY OF The foregoing instrument was acknowledged before me this TTI day of )KC-# , 2001, by Aubrey L. Layne, Jr., Managing Member on behalf of Pembroke Office Park, L.P. My Commission Expires: APPROVED AS TO LEGAL SUFFICIENC CITY Rev. 07-24-02 N. Notary Public APPROVED AS TO CONTENT C. (QtTY REAL ESTATE AGENT tntry sign for remoroKe Uttme center encroachment at VB Blvd. Exhibit "A" Honey Baked t Hams VA Beach Blvd. 2nd Street Bank of America Drawing is proportionally correct and was measured on site. Cambridge Rd.•im► Office Max 4 lanes 4 lanes 16' 60"i'PL eX. 516-r1 V.O. L, LtAS d 6 Is i �* NEN YD.f, aoapw t OL-Wr 3' Vacant- Cort Furniture Owner's Property Pembroke Office Center _ II oo r10 L —— n I� ILl 1L ' A APPROX. \I PROP. . p- ' 1 L — — __ CAZ I 4 `I O LLI Ll LOCATION MAP =rr'' " ? \\, m SHOWING - ENCROACHMENT REQUESTED BY o \\ GREAT ATLANTIC MANAGEMENT, L.L.C. INTO CITY RIGHT-OF-WAY \ \ I -- -- VIRGINIA BEACH BOULEVARD) AND LuMaus sr. SECOND STREET \ i` rrctrnntu uY rnv ENE. CADE) DEFT. OCTOBER 2003 Iza' ° (-) 0 m n' O yry�� RR ti II Xx A Q'plmbp Ol O E N orric A121 m :3 ,. c n o O y G D v O>> v R G N N A A'm C(1Z D cc (12 AAN ON CD m0� CZ OJT (>lCC z O?' yE;A � N -{K: K >>mE v V A >c 1m>AOmO D >zv a �im Zz K DNN A D D K D S A O O Z y x N O> O D cM >NZ> Na<DN> �m OF i N Z m 0 :5 O Z i m v 3 N N SD t�l Zc'DN m � 02> D O DcA Ni D my >DZ m0 >ttNllf� N>NO cTci Z (,l D r R? A > r O m R Z ~ A > > ti N O O O N > Z c Q Z N m G m N O Z O G IV i7' z_e' Ao Ac O D G S Z O c m " rtyc o� 4" (D vN�� N 0 O i 3 R n Z Z soc�� ro � oCD \Jll � 00 TOE RZON y D n V ^� m r ti D N 3 z O Ionic Delign Studios Comm#: Date 07/01/02OV02 A T55 Tf a o INTERIORS o GRAPHICS RCVI51011: n00 262W p) GT. ° YIRGINIA WdZOMvA 2iKM �aasevsa(n) �nu.�a(fl a°Iecoprremaum 06/19/02 Great atlantic -Pembroke Towers �, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to fence and maintain a 66' strip of City right of way MEETING DATE: May 25, 2004 ■ Background: The City owns a 66' abandoned railroad right of way that runs through the Foxfire Subdivision. The property was acquired by the City from the Commonwealth of Virginia in 1985. The parcel was part of the Master Bikeway Plan for this area. With the construction of Heron's Ridge Golf Course and opposition from the community the planned bike trail/route was rerouted to the perimeter of the subdivision. Other portions of this right of way have been declared excess and sold by City Council on May 10, 1994, October 27, 1998, and December 9, 2003. This portion of the 66' right of way is therefore no longer required for a bike trail/route. There are twenty-four (24) property owners adjacent to this portion of the 66' right of way in Foxfire who own property along either Renaissance Way and Orleans Way. Each of the participating property owners desires to encroach to the mid- point 33' of right- of -way. Of the twenty-four (24) adjacent property owners, only one (1) property owner declined to encroach. The 33' was offered to the property owner behind him, therefore one property owner will encroach 66' and twenty-two (22) property owners will encroach 33' for a total of twenty-three (23) property owners encroaching in the 66' right of way. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the individual encroachment agreements. At this time the property owners are voluntarily maintaining the 66' right of way at the rear of their property. They would eventually like to purchase the property from the City in the event that they can get the necessary documentation from their lending institutions and the City declares the property to be in excess. ■ Public Information: Advertisement of City Council Agenda. Encroachment Request - Foxfire Page 2 ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreements. ■ Attachments: Ordinance, Location Map, Twenty-three (23) Agreements, Plat, and Pictures. Recommended Action: Approval of the ordinance QrV Submitting DepartmentlAgency: Public Works / Real Estate Lr - 4 City Manager-Q jfv -') '�� I Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE TEMPORARY 3 ENCROACHMENTS INTO A PORTION OF THE 4 66' RIGHT OF WAY IN FOXFIRE BY THE 5 TWENTY-THREE (23) ADJACENT OWNERS 6 AND THEIR ASSIGNS AND SUCCESSORS IN 7 TITLE 8 WHEREAS, the City owns a 661- wide right-of-way, formerly 9 used as a railroad right-of-way (the "Right -of -Way"), located in 10 the Foxfire residential subdivision in the City of Virginia Beach; 11 WHEREAS, twenty-three (23) adjacent owners desire to 12 construct and maintain fences in the Right -of -Way between 13 Esplandade Drive and the terminus of the Right -of -Way; 14 WHEREAS, City Council is authorized pursuant to §§ 15.2- 15 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 16 authorize temporary encroachments in the Right -of -Way subject to 17 such terms and conditions as Council may prescribe. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof 21 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 22 amended, the twenty-three (23) owners and their assigns and 23 successors in title are each authorized to construct and maintain 24 a temporary encroachment for a fence in the Right -of -Way as shown 25 on the map entitled: "LOCATION MAP SHOWING ENCROACHMENT REQUESTED 26 BY TWENTY-THREE (23) OWNERS AT FOXFIRE", a copy of which is on file 27 in the Department of Public Works and to which reference is made 28 for a more particular description; and 29 BE IT FURTHER ORDAINED that the temporary encroachments 30 are expressly subject to those terms, conditions and criteria 31 contained in the Agreements between the City of Virginia Beach and 32 each of the twenty-three (23) owners (the "Agreements"), which are 33 attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED that the City Manager or his 35 authorized designee is hereby authorized to execute the Agreements. 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be 37 in effect until such time as the twenty-three (23) owners and the 38 City Manager or his authorized designee execute the Agreements. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of 2004. 41 CA-#9079 42 gsalmons/foxfire/ord. 43 R-i 44 PREPARED:02.02.04 ROVED AS TO CONTENTS D� eL15 45 46 pSIGNAATlURE pw /1 �� (1i7 47 48 DEPARTMENT 49 APPROVED AS TO LEGAL 50 SUFFICI C AND FORM 51 � f CITY ATTO QEY 2 m ij PW 8 - 66' CITY OF ' VA. BEACH RIGHT- OF -WAY NENw p4 i/�&N\� 4 I le SHOWING ENCROACHMENT REQUESTED BY TWENTY-THREE (23) OWNERS AT FOXFIRE SCALE:1" = 200' MIG ��1.1- - •/.. --- v,, BCD GW PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this % day of 20 !.. , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TRAVIS KLEIN and TONYA KLEIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 268 - SECTION 3 - FOXFIRE" and being further designated and described as 2720 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-0819; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-0819 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 267 and 268 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 267 and 268 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 44' 29' 54" E 80.00' to a point marked by an iron pin, thence S 45' 30' 06" W 33.00' to a point; thence N 44 ° 29' 54" W 80.00' to the point of beginning containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 11 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Keith W. and Audrey J. Holmes, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Travis Klein r Tayna K ein 1 C11- yC` -LLj VX STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 10 day of 15zPT 2093b �;;L, P_f ,S0t,3 6 , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. �'� Notary Publi My Commission Expires: f� 0 o 10 45) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF CITY/COUNTY (1G3 to -wit: The foregoing instrument was acknowledged before me this 10 day of 20!. tS by Travis and Tayna Klein. My Commission Expires: (mot 901© APPROVED AS TO LEGAL SUFFICIENCY I CITY ATTORNEY I 7 Notary Pub4c APPROVED AS TO CONTENT a C, o t Y REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIlvIBURSEMENT AUTHORIZED UNDER SECTION 25-249 7/ THIS AGREEMENT, made this 6 day of /Ylq ;�n4 200�, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT J. WAILS H AND LINDA K. WALSH husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 200 - SECTION 2 • FOXFIRE" and being further designated and described as 2745 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-5642; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-5642 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 199 and 200 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095- 2099. Thence extending the lot line between lots 199 and 200 S 180 08' 54" W 37.15' to a point marked by an iron pin; thence N 440 29' 54" W 146.22' to a point marked by an iron pin; thence N 45' 30' 06" E 33.00' to a point; thence S 44' 29' 54" E 129.14' to the point of beginning contained 4,543.4 sq. ft. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may n collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Robert J. and Linda K. Walsh, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk :7 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Robert J. eod'6j'_ Linda K. Walsh STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF My Commission Expires: 1.1 Notary Public STATE OF CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this 66( day of Aklz 2003, by ROBERT J. WALSH. My Commission Expires: My Commission Expires !November 30, 2006 STATE OF T�i�_ CITY/COUNTY OF l('/ it c to -wit: The foregoing instrument was acknowledged before me this 4W, day of , 200_�, by LINDA K. WALSH. My Commission Expires: My Commission Expires November 30, 2006 APPROVED AS TO LEGAL SUFFICIENCY G`- ko CITY A Notary Public APPROVED AS TO CONTENT YCftREAL ESTATE AGENT PREPARED BY VBiGW W BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(e)(3) AND 5S. ] -. (c)(4) R 113URSEMCI T AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this .2/ day of #4 , l , 20 aj_, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MICHAEL B. GOLDEN AND SHANNON M. GOLDEN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 199 • SECTION 2 • FOXFIRE" and being further designated and described as 2749 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-6539; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-6539 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 199 and 200 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095- 2099 thence S 44' 29' 54" E 77.48' to a point; thence S 39' 51' 38" W 33.16' to a point marked by an iron pin; thence N 440 29' 54" W 63.68' to a point marked by an iron pin; thence N 18' 08' 54"E37.15' along the extension of the line dividing lots 199 and 200 to the point of beginning. 2 containing 2,481.2 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 0 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Michael B. and Shannon M. Golden, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager ,i Mi hael . Golden Shannon M. Golden STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: R Notary Public STATE OF V V C CITY/COUNTY F l(4kI to -wit: The foregoing instrument was acknowledged before me this day of I i I , 203, by MICHAEL B. GOLDEN. ,� NINON n 1 N-A-1 My Commission Expires: L-ar t� 3l i DOC `0 STATE OF CITY/COUNTY F _b ) to -wit: The foregoing instrument was acknowledged before me thisJ)J�Lday of 20j_a, by SHANNON M. GOLDEN. My Commission Expires: �QYwC' c(` 31, Dbe(P APPROVED AS TO LEGAL SUFFICIENCY Cv CITY ATTORNEY-- 7 APPROVED AS TO CONTENT Ei�YI'iL� C'-� cu:7 C Y REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 Le THIS AGREEMENT, made this day of /1 J yy 20 c-3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JAMES DAVID WRIGHT AND ANN B. WRIGHT husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 201 - SECTION 2 • FOXFIRE" and being further designated and described as 2741 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-4689; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-4689 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 200 and 201 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095-2099. Thence extending the lot line between lots 200 and 201 S 45' 30' 06" W 33.00' to a point marked by an iron pin; thence N 44' 29' 54" W 80.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point; thence S 44' 29' 54" E 80.00' to a point of beginning F4 containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James David and Ann B. Wright, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Ch;X J es David Wright Ann B. Wright STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: R Notary Public STATE OF i CITY/CO F Q , to -wit: The foregoing instrument was acknowledged before me this li�: day of , 20U5 by JAMES DAVID WRIGHT. k ana I . , . My Commission Expires: �, i6 31 a00-5 STATE OF i Il t CITY/CO OF N 1 , to -wit: The foregoing instrument was acknowledged before me this ��—day of 200�by ANN B. WRIGHT. %II�'_ IN 0 .. - . My Commission Expires: C � 31 , a005 APPROVED AS TO LEGAL SUFFICIENC CITY A APPROVED AS TO CONTENT TY�ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this J4 day of Ml/ --/ 1200 3 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MICHAEL A. GERMAN AND SHELLY L. GERMAN, husband and wife THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 202 • SECTION 2 • FOXFIRE" and being further designated and described as 2737 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-4725; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-4725 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 201 and 202 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095- 2099 thence extending the lot line between lots 201 and 202 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 440 29' 54" W 80.00' to a point marked by an iron pin; thence N 45' 30' 06" E 33.00' to a point; thence S 440 29' 54" E 80.00' to the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose n a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Michael A. and Shelly L. German, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk (SEAL) ATTEST: City Clerk 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 1 t Mi hael A. German Shelly Is erman STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of . 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/CO F ' 'i n'a�, to -wit: ��pp The foregoing instrument was acknowledged before me this L ~ day of �, 201)& by MICHAEL A. GERMAN. it �I 11 ROOM. My Commission Expires: 3t ,aocB STATE OF a CITY/C OF , to -wit: The foregoing instrument was acknowledged before me this 15V day of 20J-Zby SHELLY L. GERMAN. My Commission Expires: Q i & 31 ,aDQ3 APPROVED AS TO APPROVED AS TO CONTENT LEGAL SLTFFICI CY Y REAL ESTATE AGENT CITY A RNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this -2-/ day of I� �� 20,_�, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ZACHARY J. MYERS, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 203 • SECTION 2 • FOXFIRE" and being further designated and described as 2733 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-3871; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-47-3871 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 202 and 203 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099. Thence extending the lot line between lots 202 and 203 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 440 29' 54" W 90.00' to a point marked by an iron pin; thence N 45' 30' 06" E 43.00' to a point; thence along a curve to the right having a radius of 20.00' an arc distance of 31.42% thence S 44' 29' 54" E 70.00' to a point of beginning containing 2,640 square feet. 9 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 9 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 9 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Zachary J. Myers, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager _Ia.11 _ T � I � STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF CITY/C Ty O 0 . to -wit: / The foregoing instrument was acknowledged before me this a$i day of 20 tag by Zachary J. Myers. Notary Public My Commission Expires: �1� 31, a0Q3 APPROVED AS TO LEGAL SUFFICIENCY CITY APPROVED AS TO CONTENT dftY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this �� y of k Ail , 20 LL, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DIANA E. VAZOUEZ, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 204 • SECTION 2 • FOXFIRE" and being further designated and described as 2725 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-2971; That, WHEREAS, it is proposed by, the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-47-2971 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 204 and 205 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099. Thence S 44' 29' 54" E 70.00' to point; thence along a curve to the left of radius 20.00' arc length 31.42' to a point on the northern limits of Navarre Way 50' right of way; thence S 45' 30' 06" W 53.00' along the northern limits of Navarre Way to a point marked by an iron pin; thence N 440 29' 54" W 90.00' to a point marked by an iron pin; thence N 45' 30' 06" E 33.00' to the point of beginning containing 2,991 square feet. `A It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is farther expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 9 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Diana E. Vazquez, the said Grantee has caused this Agreement to be executed by her signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager DianaE. Vazquez T STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF f \ CITY/COUNTY b ( .r to -wit: 4jThe foregoing instrument was acknowledged before me this ( r day of i , 200, by DIANA E. VAZQUEZ. �� I� �y —to , v My Commission Expires: vkkkLW L�3 t, XC� APPROVED AS TO LEGAL SUFFICIENC CITY A 7 APPROVED AS TO CONTENT C. ,k c r dtY REAL ESTATE AGENT PREPARED BY VIRGEUA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 9� day of 20 93 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CLARENCE L. GARVIN, JR. AND BARBARA A. GARVIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 206 • SECTION 2 • FOXFIRE" and being further designated and described as 2717 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-48-1053; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City _property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-48-1053 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 205 and 206 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095- 2099 thence extending the lot line between lots 205 and 206 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 440 29' 54" W 80.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point; thence S 440 29' 54" E 80.00' to the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 9 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 0 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Clarence L., Jr. and Barbara A. Garvin, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Clarence L. Garvin, Jr. Barbara A. Garvin STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF 7TY rn CITY/COUNTY F 0�bGAAA , to -wit: The foregoing instrument was acknowledged before me this 9_ day of Ue&,J) 20&j, by CLARENCE L. GARVIN, JR. Ndary Public�� My Commission Expires: Yznl. 3D' Lobz' STATE OF CITY/COUNTY��2PA), to -wit: The foregoing instrument was acknowledged before me this �_ day of �. ..120.di, by BARBARA A. GARVIN. My Commission Expires: YL'11�36) -4606 APPROVED AS TO LEGAL SUFFICIEI�C CITY AT APPROVED AS TO CONTENT c A,�' 1j." (tftY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REMURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this "/ day of 6,;� ly 2003 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and RICHARD A. MILLS AND DEBRA A. MILLS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 207 - SECTION 2 • FOXFIRE" and being further designated and described as 2713 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-48-1009; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-48-1009 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area" and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 206 and 207 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095 - 2099 thence extending the lot line between lots 206 and 207 S 45' 30' 06" W 33.00' to a point marked by an iron point; thence N 44' 29' 54" W 80.00' to a point marked by an iron pin; thence N 45' 30' 06" E 33.00' to a point; thence S 44' 29' 54" E80.00' to the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 0 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Richard A. and Debra A. Mills, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Richard A. it s Debra A. Mills STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 7 Notary Public STATE OF d. CITY/COUNTY �, to -wit: The foregoing instrument was acknowledged before me this -/ �f day of �..4 120o3, by RICHARD A. MILLS. Notary Public , I 1 i My Commission Expires: STATE OF CITYICOUNT F � (�s.o to -wit: II�,/, 31/07 The foregoing instrument was acknowledged before me this '�W day of 20gl, by DEBRA A. MILLS. My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY CITY Notary Pilblic 1 APPROVED AS TO CONTENT TY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIlvMURSEMENT AUTHORIZED UNDER SECTION 25-249 5 0�-- THIS AGREEMENT, made this Z/ day of �% ��` , 20 OS , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARK A. CLEMENTE AND TRACY M. CLEMENTE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 208 - SECTION 2 • FOXFIRE" and being further designated and described as 2709 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-48-0145; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-48-0145 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 207 and 208 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099 thence extending the lot line between lots 207 and 208 S 450 30 ' 06" W 33.00' to a point marked by an iron pin thence N 440 29' 54" W 80.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point thence S44° 29' 54" E 80,00' to a the point of beginning 2 containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose M a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Mark A. and Tracy M. Clemente, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Mark A. Clemente TracyN.I. Clemente STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 20,, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20`, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF Ul CITY/COUNTY F VQ eaA , to -wit: The foregoing instrument was acknowledged before me this JJST day of A), I , 20G , by MARK A. CLEMENTE. o'eil'tmo WilAmi, ffm �j WitswEl MEN My Commission Expires: 3cmuQ(t 3 STATE OF V 1 Cl CITY/COUNTY F �, to -wit: The foregoing instrument was acknowledged before me this 021 day of I' 2(U, by TRACY M. CLEMENTE. �JL�. 'I J Aadill My Commission Expiresk-Vy LLV � 3 11 aoc (P APPROVED AS TO LEGAL SUFFICIENCY CITY 7 APPROVED AS TO CONTENT k2 �/` �•O 1tiS� Y REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REDABURSEMENT AUTHORIZED UNDER SECTION 25-249 a� THIS AGREEMENT, made this L/ day of L 20=3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and KEVIN M. KENNEDY AND DEBORAH A. KENNEDY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 209 • SECTION 2 • FOXFIRE" and being further designated and described as 2705 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-38-9290; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-38-9290 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 208 and 209 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099 thence extending the lot line between lots 208 and -209 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 44' 29' 54" W 80.00' to a point marked by an iron pin; thence N 45' 30' 06" E 33.00' to a point; thence S 440 29' 54" E 80.00' to a the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such W compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Kevin M. and Deborah A. Kennedy, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager ji MAP wli ... �.� 71'�2�0 . Deborah A. Kennedy 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: rl Notary Public STATE OF V t (� CITY/COUNTY F t �1 , to -wit: The foregoing instrument was acknowledged before me this 4tc l day of 20 D3, by KEVIN M. KENNEDY. My Commission Expires: Jan JV 31 STATE OF V l Q CITY/COUNTY ko L° to -wit: The foregoing instrument was acknowledged before me this 51 day of Ap ("I I 20-0, by DEBORAH A. KENNEDY. My Commission Expires: L,Q1LA3 APPROVED AS TO LEGAL SUFFICIENCY CR aAcK CITY Al bl APPROVED AS TO CONTENT CITY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(cx4) REDABURSEMENT AUTHORIZED UNDER SECTION 25-249 -(9 THIS AGREEMENT, made this � day of In 20 o3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and KIM KREWSON AND SHARON L. KREWSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 210 • SECTION 2 • FOXFME" and being further designated and described as 2701 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-38-9236; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-38-9236 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 209 and 210 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099. Thence extending the lot line between lots 209 and 210 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 44' 29' 54" W 90.00' to a point marked by an iron pin; thence N 45' 30' 06" E 53.00' to a point; thence along a curve to the left having a radius of 20' an arc distance 31.42' to a pin; thence S 44' 29' 54" E 70.00' to a point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. c3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 0 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Kim and Sharon L. Krewson, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Kim Krewson Sharon L. Krewson STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of ,, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: U. Notary Public STATE OF U112(,-1Z)11f CITY/COUNTY OF Ui24 3E4-1f- , to -wit: The foregoing instrument was acknowledged before me this -`— day of 1411 206�, by KIM KREWSON. C �-- R, Notary Public My Commission Expires: STATE OF 011261kll CITY/COUNTY OF ill to -wit: The foregoing instrument was acknowledged before me this /5— day of 200 by SHARON L. KREWSON My Commission Expires: 5�-,3Q = G75r APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY I -�_ Notary Public APPROVED AS TO CONTENT ,71£6 C. L-�tv?C4 t4tY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(cx4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this % �k day of M R,l 20e:�Z , by I and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and EDWARD T. RUCKA, JR, AND MARGARET M. SULLIVAN- RUCKA, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 229 • SECTION 3 • FOXFIRE" and being further designated and described as 2744 Renaissance Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-2638; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-2638 i Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 229 and 230 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321. Thence N 440 29' 54" W 70.00' to a point; thence along a curve to the left with radius of 20.00' and arc length of 31.42', to a point said point being on the southern limits of Navarre Way (50' right of way); thence N 45' 30' 06" E 53.00' along the southern limits of Navarre Way to a 04 point marked by an iron pin; thence S 440 29' 54" E 90.00 to a point marked by an iron pin; thence S 45' 30' 06" W 33.00' to a point of beginning containing 2,991 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 0 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Edward T.Rucka, Jr. and Margaret M. Sullivan- Rucka, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Edward T. Rucka, Jr. Mare et M. Sullivan-Rucka STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this '1 day of AA 0 2003, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: G9 Notary Public STATE OF CITY/COUNTY �a _?zz,. , to -wit: The foregoing instrument was acknowledged before me this �la� day of 20 ;�by EDWARD T. RUCKA, JR. Notary Public My Commission Expires: jy ra^ missan Expires Oc'.oba 31, 2007 STATE OF V `_-�- CITY/COUNTY OF -fir` , to -wit: The foregoing instrument was acknowledged before me this ` r day of '�V1�, 2003, by MARGARET M. SULLIVAN-RUCKA. My Commission Expires: ' - APPROVED AS TO LEGAL SUFFICIENC CITY AT7 7 Notary Public APPROVED AS TO CONTENT 'f vI C. ctvj�m. ITY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this / Y, day of In &g ,:r- Y 20 0=3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID W. BROWNELL AND KATHLEEN A. BROWNELL- husband and wife, THEIR, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 230 - SECTION 3 - FOXFIRE" and being further designated and described as 2748 Renaissance Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-2682; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-2682 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 229 and 230 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1325 thence extending the lot line between lots 229 and 230 N 450 30' 06" E 33.00' to a point marked by an iron pin thence S 44' 29' 54" E 80.00' to a point marked by an iron pin; thence S 45' 30' 06" W 33.00' to a point thence N 441 29' 54" W 80.00' to a the point of beginning E containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 11 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David W. Brownell and Kathleen A. Brownell, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager David W. Brownell a ileen A. Brownell STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: G Notary Public STATE OF (Z-LP ,y, CITY/COUNTY OFL6, %L to -wit: ! j The foregoing instrument was acknowledged before me this / �/ "' day of /J)4f C / , 202L,, by David W. Brownell. ary Public " My Commission Expires: 3Cr.11nr � �0�� STATE OF r ~, 1 r 9 CITY/COUNT OF / i a ach to -wit: The foregoing instrument was acknowledged before me this Ltr, day of , 200.�, by Kathleen A. Brownell. My Commission Expires: e ;,D11 k APPROVED AS TO LEGAL SUFFICIENC CITY ary Public APPROVED AS TO CONTENT TY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(cx4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this %-/� day of , 20 ,0 3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and BETH V. POST, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 231 • SECTION 3 • FOXFIRE" and being further designated and described as 2752 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-3556; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-3556 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 230 and 231 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319 - 1321 thence extending the lot line between lots 230 and 231 S 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 44' 29' 54" E 80.00' to a point marked by an iron pin, thence S 45' 30' 06" W 33.00' to a point; thence N 44' 29 ' 54" W 80.00' to the point of beginning containing 2,640 square feet. Fj It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose M a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Brian K. and Beth V. Post, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Beth V. Post STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20—, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 11 Notary Public STATE OF `1 YM ni 0. CITY/C0b&W OF N I LWI 610,, to -wit: The foregoing instrument was acknowledged before me this r0l"' day of 20La by Beth V. Post. My Commission Expires: 0-1-1-n APPROVED AS TO LEGAL SUFFICIENC CITY LQ, s �L1. r- 31, aOD3 7 APPROVED AS TO CONTENT TY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ,2/ day of V /�F L 120,63 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and FRANK S. GILLIKIN, JR. AND LYNDA H. GILLIKIN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 232 - SECTION 3 • FOXFIRE" and being further designated and described as 2756 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-4520; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-47-4520 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 231 and 232 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 231 and 232 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 440 29' 54" E 161.72' to a point marked by an iron pin; thence S 760 13' 06" W 38.39' to a point; thence N 440 29' 54" W 141.94' to the point of beginning containing 5,007.4 square feet. K It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 0 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Frank S. Gillikin, Jr. and Lynda H. Gillikin, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Frank S. Gillikin, Jr. AAA r L da H. Gillikin STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: R Notary Public STATE OF V 1 CITY/COUNTY to -wit: 4. The foregoing instrument was acknowledged before me this day of � , 20L3, by FRANK S. GILLIKIN, JR. 1, Iff-11, wo, Mmudo ILI, ,mlm My Commission Expires:V�q�_L4r� 31 , —CO�P STATE OF TP CITY/COUNTY 1 �eut , to -wit: The foregoing instrument was acknowledged before me this CJSJ day of r 1 20D3, by LYNDA H. GILLIKIN. My Commission Expires: ,� 3 I, ac 0 APPROVED AS TO LEGAL SUFFICIENC CITY ATTORNEY 1 7 APPROVED AS TO CONTENT C'rTY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 Je-- THIS AGREEMENT, made this 21 day of �t�F' L 20 o3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and HARVEY L. SNYDER JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 233 - SECTION 3 • FOXFIRE" and being further designated and described as 2760 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-4450; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 2403-47-4450 at Page 1540 on 11 June 1985, and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 232 and 233 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lot 232 and 233 N 760 13' 06" E 38.39' to a point marked by an iron pin; thence S 44' 29' 54" E 48.35' to a point marked by an iron pin; thence S 39' 51' 38" W 33.16' to a point; thence N 440 29' 54" W 71.21' to the point of beginning containing 1,977.5 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 12 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Harvey L. Snyder, Jr., the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk F CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager p ey L: er, Jr. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of .20 by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: ri Notary Public STATE OF l( CITY/COUNTY F _�i �dI to -wit: The foregoing instrument was acknowledged before me this 4 ± day of �, 2003, by HARVEY L. SNYDER, JR. My Commission Expires: Q'V-ac� 31 APPROVED AS TO LEGAL SUFFICIENCY .)MA 7 V No Public DoO('0 APPROVED AS TO CONTENT MY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81I(a)(3) AND 58.1-811(c)(4) RE-DABURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this Z day of 120 0=3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and HENRY H. JOHNSON, II AND LAURIE Z. JOHNSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 264 • SECTION 3 • FOXFIRE" and being further designated and described as 2700 RENAISSANCE WAY, Virginia Beach, Virginia 23456; and GPIN 2403-38-7193; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-38-7193 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 264 and 265 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319 - 1321 thence extending the lot line between lots 264 and 265 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence N 44' 29' 54" W 90.00' to a point marked by an iron pin on the southern limits of Esplanade Drive (50' right-of-way); thence S 45' 30' 06" W 53.00' along the southern 2 limits of Esplanade Drive to a point; thence along a curve to the right with a radius of 20.00' and are length of 31.42' chord S 89' 29' 54" E 28.28' to a point; thence S 440 29' 54" E 70.00' to the point of beginning containing 2,991 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose rd a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Henry H. 11 and Laurie Z. Johnson, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Henry H. Jo on, Il ` 1 Laurie Z. Johns n STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of . 20_, by , CITY MANAGERIAUTHORIZED OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF `- CITY/COUNTY r '1 , to -wit: The foregoing instrument was acknowledged before me this &<,� day of fi , 20jU by Henry H. Johnson, H. d� NAry Public My Commission ExpiresYu�(gf STATE OF tt CITY/COUNTY to -wit: The foregoing instrument was acknowledged before me this day of S�LDI P L , 20a, by Laurie Z. Johnson. �'. li _Ill .- - N My Commission Expires, -a .l1Qt( t 31 �-X(-) (P APPROVED AS TO 14:806 CITY ATTORNEY - I 7 APPROVED AS TO CONTENT li C. U J Y REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 S,- THIS AGREEMENT, made this 2-1 day of L 120 03 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and RICHARD CREWS, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 265 • SECTION 3 • FOXFIRE" and being further designated and described as 2704 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-38-8056; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-38-8056 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 264 and 265 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 264 and 265 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 44' 29' 54" E 80.00' to a point marked by an iron pin, thence S 450 30' 06" W 33.00' to a point; thence N 44' 29' 54" W 80.00' to the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attomey's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 0 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Richard Crews, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk a Crews STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: rl Notary Public STATE OF V CITY/COUNTY,6F Ifiqvio D&1 , to -wit: The foregoing instrument was acknowledged before me this a� day of , 2003, by RICHARD CREWS. My Commission Expires�V��LQ(?1 Park APPROVED AS TO LEGAL SUFFICIENC CITY A 7 APPROVED AS TO CONTENT y C Y REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 T� THIS AGREEMENT, made this 2 day of 20 2)-Y, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JAMES K. EDWARDS AND DEBORAH C. EDWARDS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 266 - SECTION 3 • FOXFME" and being further designated and described as 2708 Renaissance Way, Virginia Beach, Virginia 23456; and GPIN 2403-38-9001; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-38-9001 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 265 and 266 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 265 and 266 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 44' 29' 54" E 80.00' to a point marked by an iron pin; thence S 45' 30' 06" W 33.00' to a point; thence N 44' 29' 54" W 80.00' to the point of beginning 2 containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose Ell a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James K. and Deborah C. Edwards, the said Grantee has caused this Agreement to be executed by his/their/her signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 1 1 1 CC�ti ca ..T Deborah C. Edwards STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF l CITY/COUNTY �rRlnt�, to -wit: The foregoing instrument was acknowledged before me this &J�j_ day of Alt' l' 20D3, by JAMES K. EDWARDS. 09 MM _.AIN, '- \ My Commission Expires: Ov�,U av � 31, we STATE OF AO CITY/COU_ to -wit: The foregoing instrument was acknowledged before me this &IS� day of r 1 I 200, by DEBORAH C. EDWARDS. INA011,. I,�II .ti% My Commission Expires:�Y�r 3I, �� APPROVED AS TO LEGAL SUFFICIENC CITY 7 APPROVED AS TO CONTENT € C'.O c CtFY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(aX3) AND 58.1-811(cX4) REFABURSEMENT AUTHORIZED UNDER SECTION 25-249 r� THIS AGREEMENT, made this .2 day of �f 120 C3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARY A. KLINE AND CHARLES A. KLINE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 267 • SECTION 3 • FOXFIRE" and being further designated and described as 2712 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-37-9965; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-37-9965 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 266 and 267 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 266 and 267 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 44' 29' 54" E 80.00' to a point marked by an iron pin; thence S 45' 30' 06" W 33.00' to a point; thence N 44' 29' 54" W 80.00' to the point of beginning containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 91 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 0 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Mary A. and Charles A. Kline, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Mary _Kline' Charles A. Kline STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF V CITY/COUNT `bF V , to -wit: The foregoing instrument was acknowledged before me this ac�_ day of , 20L , by MARY A. KLINE. I No 111" IRWIN I I 511preLs, , My Commission Expires: JahU a� 31 1 DDCQ0 STATE OF 1 1 '�� CITY/COUNTY t ��a, to -wit: The foregoing instrument was acknowledged before me this al Si day of i( _, 200 , by CHARLES A. KLINE. My Commission Expires: �S 31 � X0,P APPROVED AS TO LEGAL SUFFICIENCY A_221M� CITY AT'f 7 APPROVED AS TO CONTENT CitY REAL ESTATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 J` n THIS AGREEMENT, made this 2 / day of F L 20 d 3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT D. JEFFERS AND JENNIFER JEFFERS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 269 • SECTION 3 • FOXFIRE" and being further designated and described as 2724 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-0874; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-0874 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 268 and 269 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 268 and 269 N 450 30' 06" E 66.00' to a point marked by iron pins; thence S 440 29' 54" E 80.00' to a point marked by an iron pin; thence S 450 30' 06" W 66.00' to a point; thence N 44' 29' 54" W 80.00' to a point of beginning. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. - It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 9 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Ap' IN WITNESS WHEREOF, Robert D. and Jennifer 4 Jeffers, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager FA 1 11 . _!%lam r.. Je n dder N.Teffers STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF V kO 0V4 CITY/COUNTY `� to -wit: 11 The foregoing instrument was acknowledged before me this C� kI— day of e' 2095, by ROBERT D. JEFFERS. �� t,1 _11J i My Commission Expires: �l`\ILOL(lc� 'v� , aDDlp STATE OF \) CITY/COUNTY The foregoing instrument was acknowledged before me this a S� day of I 20Q by JENNIFER KJEFFERS. fillk _l,_ I1 n �m My Commission Expires: J Dmu a r tS3 1, aOO iP APPROVED AS TO LEGAL SUFFICIENCY CITY ATI APPROVED AS TO CONTENT TY REAL ESTATE AGENT PREPARED BY VIP GRSHA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this. / day of �z f �� G 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and WILLIAM T. CALHOUN AND CYNTHIA D. CALHOUN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 270 - SECTION 3 • FOXFIRE" and being further designated and described as 2492 Navarre Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-1738; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-1738 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 269 and 270 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 269 and 270 N 450 30' 06 E 33.00' to a point marked by an iron pin; thence S 440 29' 54" E 90.00' to a point marked by an iron pin said point being on the northern limits of Naverre Way (50' right-of-way); thence S 450 30' 06" W 53.00' along the 2 northern limits ofNaverre Way to a point; thence along a curve to the left with radius of 20.00' and arch length of 31.42', to a point; thence N 44' 29' 54" W 70.00' to the point of beginning containing 3,055.8 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. K It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose Cf a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, , the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager William T. Calhoun Cynthia D. Calh un STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 7 Notary Public STATE OF V l( r, CITY/COUNTY O 1 , to -wit: The foregoing instrument was acknowledged before me this _a� day of 20Za, by WILLIAM T. CALHOUN. WIN IIIIII,, I i y ;,- E My Commission Expires: 3) i D06 STATE OF t f,� CITY/COUN Y 0 to -wit: The foregoing instrument was acknowledged before me this -At day of 2013, by CYNTHIA D. CALHOUN. My Commission Expires: �av�. � 3 t , -Zb� APPROVED AS TO LEGAL SUFFICIENCY I APPROVED AS TO CONTENT MY REAL ESTATE AGENT CITY ATTORNEY 7 FOXFIRE Esplanade Drive looking southeast at the 66' right-of-way between Renaissance Way and Orleans Way P UX1+ 1KE Navarre Way looking southeast at the 66' right-of-way between Renaissance Way and Orleans Way Navarre Way looking northwest at the 66' right-of-way between Renaissance Way and Orleans Way CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request - 704 Kennedy Avenue • Proposed boat lift floating dock into Lake Rudee MEETING DATE: May 25, 2004 ■ Background: Mr. David Sims desires to construct and maintain a boat lift and floating dock in Lake Rudee at 704 Kennedy Avenue. ■ Considerations: City staff have reviewed the request for the encroachment of the proposed boat lift and floating dock and has recommended approval of same subject to certain terms and conditions outlined in the attached agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve encroachment subject to the terms and conditions of the agreement, deny the encroachment or add conditions as desired by Council. ■ Recommendations: Staff recommends approval of this request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Location Map, Agreement, Plat Recommended Action: Approval Submitting Department/Agenc: Public Works City Manager: C `(- 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS 4 INTO A PORTION OF LAKE RUDEE 5 BY DAVID SIMS, HIS HEIRS, 6 ASSIGNS AND SUCCESSORS IN 7 TITLE s WHEREAS, David Sims desires to construct and maintain a boat lift and 9 floating dock into a portion of Lake Rudee. 10 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 11 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 12 City's property subject to such terms and conditions as Council may prescribe. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: is That pursuant to the authority and to the extent thereof contained in §§ 15.2- 16 2009 and 15.2-2107, Code of Virginia, 1950, as amended DAVID SIMS, his heirs, assigns 17 and successors in title are authorized to construct and maintain a temporary encroachment 18 for a boat lift and floating dock into a portion of Lake Rudee located at the rear of 704 19 Kennedy Avenue, Shadow Lawn Heights, as shown on the map entitled: "PLAN VIEW 20 FOR: DAVID SIMS 704 KENNEDY AVE VA. BCH., VA 23451, EXHIBIT A" a copy of 21 which is on file in the Department of Public Works and to which reference is made for a 22 more particular description; and 23 BE IT FURTHER ORDAINED that the temporary encroachment is expressly 24 subject to those terms, conditions and criteria contained in the Agreement between the City 25 of Virginia Beach and David Sims (the "Agreement"), which is attached hereto and 25 incorporated by reference; and 27 BE IT FURTHER ORDAINED that the City Manager or his authorized 28 designee is hereby authorized to execute the Agreement. 29 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until 30 such time as David Sims and the City Manager or his authorized designee execute the 31 Agreement. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 33 day of 2004. 34 CA-9242 35 PREPARED: April 28,2004 2 APP VED AS TO CONTENTS f C. twr, _ SIGNATURE rim (F1WkLf& DEPARTMENT APPROVED AST GAL CITY ATTORNEY rf 548.22.13 W 11.12'� Ex1 ST I nl G, P,E2 _ v NAh (F) ON UNE AT 2{o.2O 6 PENCL - OH LINE T N 7°71)o•'w j— FL T 23.30' 1�A PO n 0 N 0.5• CNC. — 0.3'CNC. — 5L WALL lcmCR5) 0.2• CNC. — s3.o' PRDPo9ED 8'x45' Ronrli.l V Dock- w/ 3'x14 Acr-E5S 2Ar7pASSfOk8,L( 4S' M H W yU.De p LES TO MHW R 20 oSED E3 P P Mr[.icr 12 ic12 O • —Z S• pBnoc A�T� IJ FT TO 67 :rWSTAUAZ IN 'fCC.MA.f W'T MAN F,W_I N46'08'31 W v ee/Ci (�€C[oMMENDATIan/g y 165e AND SPEufiChTiW )Toe of Ri P RAp L E�i,s riNG, li� 01ir_K Hb+p 9\ o14� RIP�P CnP) ,.. U 8 N.11L 11'/DM LNE Ar Io1.as• IDO LOT A -I A LLA C.C.ES5 -m sip By WATE9- ad Lx. (MA,M-e�.L 4�lD E4v,P) z N tD 4• . mlcY . v, IOT rro) n+c Q 2, APO h•Lw. `3 V rcn¢ z N f W LOT 6- I � � w eti❑'Y I 1/25TY. BIL u PE5,#704 v ` rM Ir) co-T N 13-53'54'W RNG[ Q ln& WALL. rim n I O.Ca ON UNC p� a HP EXfi, WALLx1Cr, �• N I T06' 14'E nn In I c.50 •VrnnLT owv[" o IL �[a Ln �5W V Q I Pie 1N N76"0(;'06'E 75.09 � — 236.007 — r'N'1f) t�-FNNEDY AVENUE (SO'-R/)M $ C a 12 . 1114.01 PQRP05E= ACCESS FL,4� V i Fc lam( In LAK--r F-ODEE. �� A T��U M O 00' M 4,kl AT S,44 1->rJ L4WAl /-4 / 2;, y7� ADJACENT PROPERTY �p— CITY OF�/y4 t OWNERS, 1DAviD Sims STATE viF3�i-1 1 ) PRKES -7 "- jL En1/�EDv RYE, 7 APPLICATION BYS%m 2 ? 'YR 234 S-I SHEET 2 OF3 E � � �� l � j � � C�VlS ED 2� o•}-I ate} PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REINNIBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 3Ofll day of 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID SIMS , HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot A -I Block 40 Shadow Lawn Heights" and being further designated and described as 704 Kennedy Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift and floating dock, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee "The Encroachment Area'; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1, 00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2427-01-4233 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Plan View for David Sims 704 Kennedy Ave, Virginia Beach, Va. 23451," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is firther expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorneys fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is fisher expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day 3 that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WYINESS WHEREOF, David Simms, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Davi ims STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: S Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 12004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF/Q,ni Q CITY/GOON-T+ OF dig n. iz.&OLCA, to -wit: The foregoing instrument was acknowledged before me this lad li-i day of i'7i0t/G0'l , 2004, by DAVID SIMS. My Commission Expires APPROVED AS TO LEGAL SUFFICIENC CITY Rev. 07-24-02 5 APPROVED AS TO CONTENT 6fTY REAL ESTATE AGENT =3.0' Pr 545'22' i'-W r =' �Qapo9E0 8'x45' 1.12' FLonrli,! EXISTInI G, ,tea• '� C.D14 Dock w�8'x' P(E2 w Acc-55 2AMpAssemscy �. al' NAIL I�ou uuE \• �� G"I�P(LEs TO M,NL� wT 2co.2c "NCL ON uue a C. P"P0560 Ba T[�cr J2x,2 I� 9510•�w I C. � 4E.,a. P�Lr_s Ic"�xzN'z.5ss cca. { FL N 424a' \T 9,1$.,w �� Cci Bowr.4 Fr r0 \ 23. 30' -z•s' C° A4� BE S.NSTAUAb iN N46'06'31 W ( cGpM ^T' NMAN u9, ,ems Ir I656' o S A. o Spe�IFiE+m',,,0 M1 0 o To ISF (LI p 2qp EX EwsTu.Iy �I b 1�6 �-• . 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CITY CLERK• By a vote of 11 to 0 you have approved the Consent Agenda with the exceptions of those items stated by the Vice Mayor with a nay vote and with Mr. Wood's disclosure of Number 6. 5 May 11, 2004 VICE MAYOR JONES: CITY CLERK: CITY MANAGER: MAYOR OBERNDORF: asked for the deferral. VICE MAYOR JONES: MAYOR No, I read that wrong. I corrected it, but I guess you didn't pick it up. Well, I thought I heard you say approved, but in earlier session it said to defer. Number 7 was requested for deferral by the rescue squad. Until the 25th of this month. Yeah. Yeah, I've got it. The 25th of this month they I stand corrected deferral then? Yes. Mr. Wood. Okay. Number 7 is for COUNCILMAN WOOD: Yes, ma'am. I need to just make a disclosure on Item 6B specifically. Pursuant to Virginia Conflict of Interest Act, Section 2.2-3115(e)Code of Virginia, I make the following declaration: I am executing this written disclosure regarding City Council's discussion of and vote on an Ordinance to grant two new franchises for the operation of Open Air Cafes in the Resort Area. One of the two proposed franchisees is 21 Fun, L.L.C. and is currently negotiating construction projects with 21 Fun, L.L.C. I wish to disclose my interest in this transaction and abstain from City Council's consideration of this matter. Accordingly, I respectfully request that you record this declaration 0 May 11, 2004 CITY CLERK: May. MAYOR OBERNDORF: Okay. Does that give you enough time, Mr. Diezel? COUNCILMAN DIEZEL: Yes, ma'am, it should. Thank you. FORMAL SESSION MAYOR OBERNDORF: Now, we're going onto the Consent Agenda. VICE MAYOR JONES: Consent to defer Item 9, Ordinance to transfer 130,000 from the General Fund Reserve for contingencies to planning 2003-2004 Operating Budget re development of urban design element; is that correct? COUNCILMAN DIEZEL: Yes, sir. VICE MAYOR JONES: Okay. For the Historic Kempsville Plan. So moved, Madam Mayor. COUNCILMAN REEVE: Second. CITY CLERK: Your Honor, may I clarify something. Number 7 for the rescue squad, is that deferred indefinitely or was that approved? VICE MAYOR JONES: No, we weren't deferring Number 7. CITY CLERK: You're not going to defer? 3 May 11, 2004 INFORMAL SESSION MAYOR OBERNDORF: Number 9, Ordinance to transfer $130,000 from the General Fund Reserve for contingencies to the Planning FY 2003-2004 Operating Budget re: Development of an urban design element of the Historic Kempsville Plan. COUNCILMAN DIEZEL: Can we pull that one for another meeting in the next couple of weeks? MAYOR OBERNDORF: Okay. Mrs. McClanan. COUNCIL LADY McCLANAN: No, I have the next one. MAYOR OBERNDORF: Okay. That's two requests, Mrs. McClanan and Mr. Diezel to pull that. COUNCILMAN REEVE: You mean for a deferral, correct? MAYOR OBERNDORF: CITY MANAGER: DIEZEL MAYOR OBERNDORF: CITY CLERK: MAYOR OBERNDORF: Yeah. Until the 25th to hear it? Yeah. When is this deferred to? The 25th. The 25th of June? 2 Virginia Beach City Council May 11, 2004 6:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor At -Large Vice Mayor R. Jones Bayside - District 4 Harry E. Diezel Kempsville - District 2 Margaret L. Eure Centerville District 1 Reba S. McClanan Rose Hall - District 3 Richard Maddox Beach - District 6 Jim Reeve Princess Anne - District 7 Peter W. Schmidt At -Large Ron Villanueva At -Large Rosemary Wilson At -Large James L. Wood Lynnhaven - District 5 CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Ordinance to transfer $130,000 from the General Fund Reserve for contingencies to Planning FY 2003-04 Operating Budget re: Development of an urban design element for the Historic Kempsville Plan 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Transfer $130,000 in the General Fund Reserve for Contingencies to the Department of Planning's Operating Budget for the Development of an Urban Design Element for the Historic Kempsville Plan MEETING DATE: May 25, 2004 ■ Background:The City of Virginia Beach has established a capital improvement transportation project for the Princess Anne Road / Kempsville Road. Intersection (CIP# 2.048). In conjunction with this project, staff and Council have continued a dialogue regarding the development of a Historic Kempsville Plan. Such a plan would define City policies for guiding future development and redevelopment in that area, enabling the City to create a sense of place and special character for this area and optimizing the transportation improvements for the long term. The Historic Kempsville Plan is being developed by the Planning Department, with extensive community input from residents, businesses, and institutions in the area, and staff provided a briefing on this project to Council on March 2, 2004. The final plan will be presented to the Planning Commission and City Council upon its completion for consideration as an amendment to the City's Comprehensive Plan for this area. A key component of the Historic Kempsville Plan is the development of an Urban Design Element that sets forth a vision for the physical appearance and character of the area and serves as a guide for future development and redevelopment opportunities that will arise following completion of the transportation project. Accordingly, the requested funds will be used to secure the services of a professional design consultant to develop information for inclusion in the Historic Kempsville Plan related to urban design, landscaping, and architectural standards to guide future development and redevelopment in the area. ■ Considerations: The requested use of funds will allow for the development of clear recommendations to guide future land use decisonmaking in this area of the City. Furthermore, the Historic Kempsville Plan can become a model for addressing similar development and redevelopment opportunities that exist in the City. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: Taking no action will preclude the City from taking advantage of the desirable outcomes listed above; in house staff does not exist to provide these special services. ■ Recommendations: Approval of the Ordinance to transfer funds from the General Fund Reserve for Contingencies to the Department of Planning and Community Development to undertake the Urban Design Element for the draft Historic Kempsville Plan. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning City Manager: <=Z6 „e,., 1 AN ORDINANCE TO TRANSFER $130,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE 3 DEPARTMENT OF PLANNING'S FY 2003-04 OPERATING 4 BUDGET FOR THE DEVELOPMENT OF AN URBAN DESIGN 5 ELEMENT FOR THE HISTORIC KEMPSVILLE PLAN 6 7 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That $130,000 from the General Fund Reserve for 14 Contingencies is hereby transferred to the Department of 15 Planning's FY 2003-04 Operating Budget for the development of an 16 urban design element for the Historic Kempsville Plan. 17 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia, on the day of , 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attorneys Office CA-9240 OID/ordres/proposed/Historic Kempsville ORD.doc R2 - April 30, 2004 CITY OF VIR'GIINIA BEACH AGENDA ITEM ITEM: Resolution Establishing a Policy Concerning the Connection of Private Utilities in the Rural Area of the City to the Public Water and Sanitary Sewer Systems MEETING DATE: May 25, 2004 ■ Background: Current City policy, as implemented by the Department of Public Utilities (DPU), is not to allow connections to the public water or sanitary sewer systems by properties in the Rural Area (i.e., the portion of the City below the Green Line but not in the Princess Anne/Transition Area) under any circumstances. Recently, however, the failure or impending failure of septic systems on at least two properties in the Rural Area has given DPU occasion to review that policy in light of the 2003 Comprehensive Plan, which recognizes that residents of rural areas "deserve reasonable response to basic health, safety and welfare concerns due to existing or longstanding conditions." As a result, DPU developed a draft of a formal City policy regarding connections of properties in the Rural Area to the public water and sanitary sewer systems and presented it to the City's Water Task Force. The Task Force directed that the policy be presented to the City Council for its consideration. ■ Considerations: The proposed Policy allows connections to the public water and sanitary sewer systems only under certain very narrow circumstances, and only under very strict controls. That Policy, which is contained in the section of the attached Policy Report entitled "Recommendations/Proposed Policy," and is set forth in the accompanying Resolution, would allow such connections only if all of the stated conditions are met. In essence, connections would be allowed only where the existing on -site facilities are failing or likely to fail and no other alternatives are available. In such cases, connections must be sized to serve only the existing development, not new or expanded development. The proposed Policy would ensure that connections of property in the City's Rural Area to the City's water and sanitary sewer systems may only be for the purposes of alleviating a threat to the health, safety and welfare of the residents or occupants of the subject property and not a means of facilitating new or expanded development. The Policy also requires a property owner to enter into an encroachment agreement with the City, which is intended to ensure that private utilites are maintained properly, located and sized correctly, and do not interfere with City operations. ■ Public Information: The proposed policy was the subject of a City Council briefing held on April 20, 2004 and a public hearing held on May 11, 2004. The proposed Resolution has been advertised as an agenda item for May 25th ■ Alternatives: The alternatives set forth in the Policy Report apply: 1. Retain the existing policy and do not allow the extension of Public Utilities into the Rural Area. This would include not allowing any property owner in the Rural Area to connect to the public system via private waterlines and/or force mains. 2. Do not extend public water and sanitary sewer into the Rural Area. However, modify the policy to allow property owners in the Rural Area to connect to the public system via private waterlines and/or force mains. 3. Do not extend public water and sanitary sewer into the Rural Area. However, modify the policy to allow property owners in the Rural Area to connect to the public system via private waterlines and/or force mains, subject to strict limitations based upon a bona -fide need and existing development. This is the recommended alternative and is the one adopted by the proposed Resolution. ■ Recommendations: Alternative #3 is recommended. ■ Attachments: Resolution, Policy Report Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of Public Utilities �� City Manager IV "2;8 ' I A RESOLUTION ESTABLISHING A POLICY 2 CONCERNING THE CONNECTION OF 3 PRIVATE UTILITIES IN THE RURAL 4 AREA OF THE CITY TO THE PUBLIC 5 WATER AND SANITARY SEWER SYSTEMS 6 7 WHEREAS, in accordance with City policy, the Department of 8 Public Utilities has consistently declined to allow connections 9 to the public water or sanitary sewer system in the portion of 10 the City referred to as the "Rural Area," such area consisting 11. of that portion of the City located area below the Green Line 12 and not in the Princess Anne/Transition Area; and 13 WHEREAS, the 2003 Comprehensive Plan provides, in pertinent 14 part, that "residents of the city, whether urban or rural, 15 deserve reasonable response to basic health, safety and welfare 16 concerns due to existing or longstanding conditions;" and 17 WHEREAS, from time to time, circumstances arise in the 18 Rural Area in which the health, safety and welfare of the 19 inhabitants of property is endangered by reason of the 20 unavoidable failure of on -site utilities; and 21 WHEREAS, it is the intention of the City Council to respond 22 to such situations by allowing properties in the Rural Area to 23 connect to the public water or sanitary sewer system only under 24 strict conditions ensuring that such connections are made only 25 as a means of alleviating threats to the health, safety and 26 welfare of the residents or occupants of an existing home or 27 business and not to facilitate new or expanded development in 28 the Rural Area; and 29 WHEREAS, the Department of Public Utilities has developed a 30 proposed policy governing connections to the public water or 31 sanitary sewer system in the Rural Area; and 32 WHEREAS, such policy strictly limits the circumstances in 33 which properties located in the Rural Area may connect to the 34 City's public water or sanitary sewer systems; 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 FIRST: 38 That the Policy Report entitled "Private Utilities in the 39 Rural Area Connecting to the Public Water and Sanitary Sewer 40 System," which Policy Report is appended to this Resolution, is 41 hereby approved as a policy of the City of Virginia Beach; and 42 SECOND: 43 That as set forth in the aforesaid Policy Report, the 44 following provisions shall constitute the City's policy 45 governing connections to the public water and sanitary sewer 46 systems by properties in the City's Rural Area: 47 1. Public Utilities will not extend public water or sanitary 48 sewer infrastructure into the Rural Area. 2 49 2. public Utilities shall allow private utilities in the 50 public right-of-way that connect a Rural Area property to 51 the public water or sanitary sewer system only if all of 52 the following conditions are present: 53 a. The extension is to serve an existing 54 development, not new development or expansions of 55 existing development. To the extent possible 56 consistent with normal engineering design 57 principles, the private utilities shall be sized 58 to serve the existing development only; 59 b. In the written opinion of the Virginia Department 60 of Health, the existing on -site utilities are 61 failing, or likely to fail, and there are no 62 alternatives that would be approved and permitted 63 by the Virginia Department of Health; 64 C. The cost of the private utilities (i.e., 65 construction and operation and maintenance) is 66 paid for by the owner or occupant of the existing 67 development; 68 d. The owner and occupant of the property shall 69 enter into with the City an Encroachment 70 Agreement in form and substance acceptable to 3 71 the Director of Public Utilities and City 72 Attorney.; 73 e. If the owners or occupants of adjacent property 74 are also seeking to install private utilities in 75 the public right-of-way at the same time, and 76 meet these requirements, the City may, at its 77 discretion, require all such owners or occupants 78 to enter into a cooperative agreement with each 79 other to provide for the construction and 80 maintenance of a single, combined private utility 81 line; and 82 f. All applicable connection fees and utility 83 charges shall be paid. 84 3. The Encroachment Agreement shall contain the following 85 provisions as a minimum: 86 a. The property owner or occupant shall, at all 87 times, maintain the private facilities in good 88 working order. If the City concludes that the 89 property owner or occupant have not maintained 90 the private facilities in the public right-of-way 91 to the satisfaction of the City, the City may 1) 92 order the owner or occupant to repair the private 93 utilities, 2) repair (or contract for the repair B! 94 of) the private facilities and charge the costs 95 to the property owner or occupant, and/or 3) 96 order the owner or occupant to remove the private 97 utilities from the public right-of-way. 98 b. If public utilities are extended to the property, 99 the owner or occupant shall abandon the private 100 facilities and connect to the public facilities 101 if directed by the City. 102 103 Adopted by the City Council of the City of Virginia Beach, 104 Virginia, on the day of 1 2004. CA-9162 H:\OID\ordres\utilitypolicyres.doc R-1 April 15, 2004 APPROVED AS TO CONTENT: V' Public Utilities Departinent APPROVED AS TO LEGAL SUFFI IENCY: City Attorney's, ffice 5 Policy Report Private Utilities in the Rural Area Connecting to the Public Water and Sanitary Sewer System April 13, 2004 Backaround: The purpose of this Policy Report is to propose a revision to the City s policy with respect to allowing private utilities located in the Rural Area of the City to connect to the public water or sanitary sewer system located north of the Green Line or in the Princess Anne/Transition Area. It is submitted for review and approval by City Council. From time to time, the Department of Public Utilities has been asked to approve the installation of privately -owned utility lines in the public right-of-way for the purpose of connecting a property to the public water or sanitary sewer system. Although this practice is discouraged, it is generally allowed north of the Green Line if there are no practical means to serve the property with the public system, and if the on -site systems are not providing an acceptable alternative. In accordance with the Comprehensive Plan, and because of prior decisions of City Council involving the location of certain sanitary sewer lines, the Department of Public Utilities has not allowed or agreed to a connection to the public system if the property was south of the Green Line or not in the Princess Anne/Transition Area. However, in December 2003, the City adopted a new Comprehensive Plan that contains additional guidance with respect to urban/suburban infrastructure in the vicinity of the Green Line and Princess Anne/Transition Area boundaries. Recently, Public Utilities has been asked to approve the installation of private sanitary sewer force mains in the public right-of-way that would connect properties located in the Rural Area of the City to the public sanitary sewer system located in the Princess Anne/Transition Zone and north of the Green Line. The attached summary of the Sandbridge/Siebert Realty request to serve commercial activities is an example of one such request. In light of these requests and the revision to the Comprehensive Plan, staff from Public Utilities met with staff from Planning and the Law Department to discuss alternatives. Page 2 of 4 Considerations: In December of 2003, the City of Virginia Beach adopted a new Comprehensive Plan. As in prior versions, the plan reiterated the City's policy with respect to extending public infrastructure into the Rural Area of the City. The Rural Area is defined as properties south of the Green Line and not in the Princess Anne/Transition Area: It has been a long-standing policy of the city not to allow the extension of urban infrastructure into the rural area of the City. The Rural Preservation Plan allows reasonable levels of rural residential development to continue into the foreseeable future thus ensuring that demand placed on public facilities will remain at or below what is deemed acceptable for rural communities. City of Virginia Beach 2003 Comprehensive Plan, December 2003, page 165, (emphasis added). However, the revised plan also included guidance that indicates such a policy should not be absolute: ... residents of the city, whether urban or rural, deserve reasonable response to basic health, safety and welfare concerns due to existing or longstanding conditions, and the Green Line is not intended to prevent investment to remedy such concerns. Some of these concerns may be due to demand placed on facilities in the Transition Area or rural area that originate outside the area or outside the city. Ibid, page 33, (emphasis added). Public Information: The City's Comprehensive Plan review process provided extensive opportunity for public review and comment prior to adoption of the plan, including the language on page 33. In addition, this Policy Paper and the associated Council Agenda Request and resolution will be advertised as part of the normal City Council Agenda process. Alternative Courses of Action: Staff identified three alternatives: Retain the existing policy and do not allow the extension of Public Utilities into the Rural Area. This would include not allowing any property owner in the Rural Area to connect to the public system via private waterlines and/or force mains. 2. Do not extend public water and sanitary sewer into the Rural Area. However, modify the policy to allow property owners in the Rural Area to connect to the public system via private waterlines and/or force mains. 3. Do not extend public water and sanitary sewer into the Rural Area. However, modify the policy to allow property owners in the Rural Area to connect to the public system via private waterlines and/or force mains, subject to strict limitations based upon a bona -fide need and existing development. Page 3 of 4 Alternative 1 would best preserve the Green Line and Princess Anne/Transition Area boundaries in accordance with the overall goal of preventing urban/suburban development from encroaching upon the Rural Area. However, it is not consistent with the Comprehensive Plan, which indicates that the Green Line and Princess Anne/Transition Area boundaries should not be absolute when circumstances involving hardships and existing development are present. Alternative 2 could result in requests for many private water lines and sanitary sewer force mains extending from the Rural Area across the Green Line and Princess Anne/Transition Area boundaries. It would result in the de facto extension of urban/suburban infrastructure into the Rural Area and could undermine the rural preservation objectives of the Comprehensive Plan. Alternative 3 will likely result in some private utility extensions across the Green Line and Princess Anne/Transition Area boundaries. However, if the policy exceptions are strict enough, and properly enforced, there are likely to be few properties that would qualify and then, only due to bona fide hardships involving existing development. This would be consistent with the guidance provided by the Comprehensive Plan. Recommendations/Proposed Policy: 1. Public Utilities will not extend public water or sanitary sewer infrastructure into the Rural Area. 2. Public Utilities shall allow private utilities in the public right-of-way that connect a Rural Area property to the public water or sanitary sewer system only if all of the following conditions are present: a. The extension is to serve an existing development, not new development or expansions of existing development. To the extent possible consistent with normal engineering design principles, the private utilities shall be sized to serve the existing development only; b. In the written opinion of the Virginia Department of Health, the existing on -site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health; c. The cost of the private utilities (i.e., construction and operation and maintenance) is paid for by the owner or occupant of the existing development; d. The owner and occupant of the property shall enter into with the City an Encroachment Agreement in form and substance acceptable to the Director of Public Utilities and City Attorney; e. If the owners or occupants of adjacent property are also seeking to install private utilities in the public right-of-way at the same time, and meet these requirements, the City may, at its discretion, require all such owners or occupants to enter into a cooperative agreement with each other to provide for the construction and maintenance of a single, combined private utility line; and f. All applicable connection fees and utility charges shall be paid. Page 4 of 4 3. The Encroachment Agreement shall contain the following provisions as a minimum a. The property owner or occupant shall, at all times, maintain the private facilities in good working order. If the City concludes that the property owner or occupant have not maintained the private facilities in the public right-of-way to the satisfaction of the City, the City may 1) order the owner or occupant to repair the private utilities, 2) repair (or contract for the repair of) the private facilities and charge the costs to the property owner or occupant, and/or 3) order the owner or occupant to remove the private utilities from the public right-of-way. b. If public utilities are extended to the property, the owner or occupant shall abandon the private facilities and connect to the public facilities if directed by the City. Review and Approval: Reviewed and Concurred: e e��U 9. - a;t: idl o'el Department of Pla ing Date Approved as to C tent: r /' I G l�L Li- ILI -o'-� /Department of Public Utilities Date Approved as to Legal Sufficiency: "AAAZ Y-1'r-OY CityCity Attoce Date PLANNING Application of HERTZ LOCAL EDITION for an AMENDMENT to the Timberlake PD-111 land use plan re motor vehicle rentals at 4291 Holland Road, Suite 103 to store up to ten (10) cars at the south end of the parking lot. (DISTRICT 2- KEMPSVILLE) 11"wKal'urlUV10311I__YA1► 41N "-24ael" 2. Application of SANTA FE, LP for Conditional Use Permit re automobile repair at 3700 Sentara Way for construction of a preparation facility containing a paint bay, restrooms and office. (DISTRICT 3- ROSE HALL) RECOMMENDATION: s ' ' 101Y4:\-1 Application of STAR OF THE SEA REGIONAL CATHOLIC SCHOOL for a Conditional Use Permit re a school expansion at 309 151h Street. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 4. Application of JESSUP CONSTRUCTION L.L.C. for a Change of Zoning from R40 Residential District to Conditional R-30 Residential District at 1017 Harris Road. (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL THE BEACON SUNDAY, MAY 9, 2004 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, May 25, 2004, at &GO p.m. The following applications will be heard: DISTRICT 3 - ROSE HALL 1. Santa Fe. LP Application: Conditional Use Permit for an automobile DISTRICT 5 - LYNNHAVEN 2. Jessup Construction L.L.C.. Application: Change of Zoning Distdct Classification from R-40 Residential to Conditional R-30 Residential at 1017 Harris Road. The Comprehensive Plan identifies this site as being within the Primary Residential Area. DISTRICT 2. KEMPSVILLE 3. Hertz Local Edition Application: Amendment of the Timberlake PD-H1 Land Use Plan for motor vehicle rentals at 4291 Holland Road, Suite 103. DISTRICT 6 - BEACH 4. Star of the Sea Regional Catholic Schoo Application: Conditional Use Permit for a school (expansion) at 30915th Street. All interested citizens are invited to attend. Ruth Hodges Smith, MMC BEACON: MAY 9 and MAY 16, 2004 City Clerk 11373928 SUNDAY, MAY 16, 2004 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, May 25, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 3 - ROSE HALL 1. Santa Fe, LP Application: Conditional Use Permit for an automobile repair establishment at 3700 Sentara Way. DISTRICT 5-LYNNHAVEN 2. Jessup Construction L.L.C. Application: Change of Zoning District Classification from R-40 Residential to Conditional R-30 Residential at 1017 Harris Road. The Comprehensive Plan identifies this site as being within the Primary Residential Area. DISTRICT 2 - KEMPSVILLE - 3. Hertz Local Edition Application: Amendment of the Timberlake PD-H1 Land Use Plan for motor vehicle rentals at 4291 Holland Road, Suite 103. DISTRICT 6 - BEACH 4. Star of the Sea Regional Catholic Schoo Application: Conditional Use Pe mit for a school (expansion) at 30915th Street. All interested citizens are invited to attend. Ruth Hodges Smith; MMC City Clerk BEACON: MAY 9 and MAY 16, 2004 11373928 Amendment to PD-H Plan - Car Rental 1 09/09/03 Amendment to Land Use Plan (car wash) Granted 2 12/18/01 Conditional Use Permit (gas and convenience Granted store) 3 06/14/71 Rezoning to PD-H1 Timberlake Land Use Plan Granted 4 08/27/96 Conditional Use Permit (motor vehicle rentals) Granted 5 05/24/94 Amendment to Land Use Plan (self storage Granted facility) �NMU �x ± CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Hertz Local Edition — Amendment of the Timberlake PD-H1 Land Use Plan (motor vehicle rentals) MEETING DATE: May 25, 2004 ■ Background: An Ordinance upon Application of Hertz Local Edition for an Amendment of the Timberlake PD-H1 Land Use Plan for motor vehicle rentals. Property is located at 4291 Holland Road, Suite 103 (GPIN 14768760200000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant desires to modify the Timberlake Land Use Plan to locate a motor vehicle rental business in an existing commercial center designated for retail use on the Timberlake Land Use Plan. The applicant proposes to establish the business in a 7,000 square foot unit of the shopping center and to store up to ten cars at the southern end of the parking lot, where few customers utilize the existing parking. The location of the proposed use within the existing commercial center surrounded by other commercial uses should ensure compatibility of the use with the surrounding area. The Planning Commission placed this item on the consent agenda because it is an appropriate use for this site. Staff recommended approval. IN Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve this request, as proffered. IN Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:c:\ �� vvv F08-214-PDH-2004 HERTZ LOCAL EDITION Agenda Item # 11 April 14, 2004 Public Hearing Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. k( Location and Genera! Information REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Amendment to PD-H1 Land Use Plan for Timberlake to add a motor vehicle rental establishment. Property located at 4291 Holland Road, Suite 103 14768760200000 2 — KEMPSVILLE s 3 „rTI i x� p •Ye.'.r.� fu�.im'�1L` .n a �' �9>[�i HERTZ LOCAL EDITION Agenda Item # 11 Page 1 SITE SIZE: 1.74 acres EXISTING LAND USE: Shopping center / retail SURROUNDING North: • Shopping center / B-2 Community Business District LAND USE AND South: • Self -storage facility / PD-H1 Planned Development ZONING: East: • Shopping center / B-2 Community Business District West: • Self -storage facility / PD-H1 Planned Development NATURAL RESOURCE AND CULTURAL FEATURES: There is an existing building and parking lot on the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. • S Wd to]•• The applicant is requesting to allow a motor vehicle rental business to locate in a commercial center designated for retail use on the Timberlake Land Use Plan. The applicant is proposing to establish the business in a 7,000 square foot unit of the shopping center and to store up to ten cars at the southern end of the parking lot, where few customers utilize the existing parking. Maur Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Compatibility with surrounding uses. HERTZ LOCAL EDITION Agenda Item # 11 Page 2 ra, Comprehensive Plan The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. All Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed. PROFFER # 1 The PD-H1 Land Use Plan applicable to the Property shall be modified to allow the Property to be developed with a motor vehicle rental facility, substantially as shown on the exhibit entitled: "Exhibit of Hertz -Timberlake Shoppes 4291 Holland Road, Suite 103, Virginia Beach, Virginia" dated March 22, 2004, prepared by MSA, PC which has been exhibited to Virginia Beach City Council and is on file with Virginia Beach Department of Planning ("Concept Plan"). PROFFER # 2 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and HERTZ LOCAL EDITION Agenda Item # 11 Page 3 departments to meet all applicable City Code requirements. Staff Evaluation of The proffers listed above adequately address staffs Proffers: concerns. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated March 29, 2004 and found it to be legally sufficient and in acceptable legal form. y Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials and proffers, adequately addresses the 'Major Issue' identified above. The proposal's strength in addressing the 'Major Issue' is evidenced by the limitation of the number of vehicles to ten and the storage of those vehicles in a portion of the parking lot that is rarely used for customer parking. The location of the proposed use within the existing commercial center surrounded by other commercial uses should ensure compatibility of the use with the surrounding area. Staff, therefore, recommends approval of this request as proffered. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application require revision during detailed site plan review to meet all applicable City Codes. HERTZ LOCAL EDITION Agenda Item# 11 Page 4 a Supplemental Information Zoning History Amendment to PD-H Plan - Car Rental # DATE IREQUEST I ACTION 1 09/09/03 Amendment to Land Use Plan (car wash) Granted 2 12/18/01 Conditional Use Permit (gas and convenience store) Granted 3 06/14/71 Rezoning to PD-H1 Timberlake Land Use Plan Granted 4 08/27/96 Conditional Use Permit (motor vehicle rentals) Granted 5 05/24/94 Amendment to Land Use Plan (self storage facility) Granted HERTZ LOCAL EDITION Agenda Item # 11 Page 5 Public Agency Comments The use has no significant impact on surrounding roadways. Water: I The site is currently served by City water. Sewer: I City sewer currently serves the site. Public Works Public Utilities Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Lighting in the area where cars are to be stored should be evaluated to ensure that adequate lighting exists for the safety and comfort of the customers. Fire and Rescue: I No comments. HERTZ LOCAL EDITION Agenda Item # 11 Page 6 m' �m Exhibits �`��,t Exhibit A - 1 Aerial of Site Location HERTZ LOCAL EDITION Agenda Item # 11 Page 7 QZ NI Fu� <Y zrg w< c ° uj w LuZQ 0�� 0'� ° me z I n i �v ZD P r wm 0Z .. Q�LL P U)Z� wto LL OC LL * ° a0 PI _ C U 0 I V I I J 4� 4 Exhibit B Proposed Plan HERTZ LOCAL EDITION Agenda Item # 11 Page 9 NOUV31100d M OUNAM W 0 J 7 13 C - CCV JU GU J L J? 3LO P O tq Q.m.L V O '✓., n c HA 4L N C ymy � 4 O•'- _ � E c. _ Q c =1n 9 V N U v E m a L ri s, ii a S L o m c Ng w c rcE.w w c w o q2' y23 SS. N o 1D E On � L`'9A 49L Cajt n< � o¢ n Oq -.S �w O3 D �- G `.f f-�o$'S`5Q nQ `mv dab_ Z n. c4 6M j U A O O Exhibit E - 1 Disclosure Statement HERTZ LOCAL EDITION Agenda Item # 11 Page 10 NOIIV3rlddV N U HQd 01 INHW(NM z z w 2 W Q W 0 J U �Y IF V L _ 6 - O y G -a y_ 3 C j N L G~'S L- '� US C ' ro o c a s ° r oc€ = Y _— -9Naas a Q N - zn G, G ti�JY��GNC u T2 2.Y N v� E c 2 f 9 V }J - C Ly c �a3 C � O a C � n T` n Y o t V R q s`i O c +5 > U _ _ Exhibit E - 2 Disclosure Statement cr: HERTZ LOCAL EDITION Agenda Item # 11 Page 11 n 335334 `r9n g E :: v: 5 T723 : n.= o A < < < < < < < < < < < < < < < < < <, < < < < Exhibit E - 3 Disclosure Statement HERTZ LOCAL EDITION Agenda Item # 11 Page 12 Item #11 Hertz Local Edition Amendment of the Timberlake PD-H 1 Land Use Plan 4291 Holland Road, Suite 103 District 2 Kempsville April 14, 2004 CONSENT Ronald Ripley: The next item on the consent agenda is Hertz Local Edition. It is an Ordinance upon Application of Hertz Local Edition for the Amendment of the Timberlake PD-H 1 Land Use Plan for motor vehicle rental. Property is located 4291 Holland Road, Suite 103. It is located in the Kempsville District. Mike Perry: Good afternoon Commissioners. For the record, my name is Mike Perry and I represent the applicant. We have reviewed the proffers and they're acceptable. I just like to note that the Regional manager for Hertz, Mr. Samuel Smith is with us today. Ronald Ripley: Thank you very much. Is there any opposition to this item being on the consent? _ William Din: If Barry would please comment on this item. Barry Knight: The applicant is requesting to allow motor vehicle retail business located in the commercial center which is a shopping Center (Timberlake). We feel like it's an appropriate use to use it as a rental car center. We had a little concern about where they were going to park the cars. There's going to be 10 cars. There is an unused portion of the parking lot in the corner and they designed this as where they will park their cars. So therefore, we feel like this would be an acceptable use of this property. Ronald Ripley: Thank you. William Din: Thanks Barry. Ronald Ripley: Mr. Chairman, I would like to make a motion that Item #11 be approved. William Din: Thank you Ron. Do I have a second? Thanks. Don Horsley seconded it. Bob? Robert Miller: I need to abstain from Item #11. My firm is working on the project. William Din: Okay. Are we ready for the vote? AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON ABSENT CRABTREE AYE DIN AYE Item #11 Hertz Local Edition Page 2 HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD ABSENT Ed Weeden: By a vote of 8-0, with the abstention noted, the motion carries. William Din: Thank you very much. CUP - for Automotive Service 1. 12-18- Conditional Use Permit (Expansion and Shade Approved 02 Structures) 2-25-97 Conditional Use Permit (Automobile sales, service and Approved rental) 2-25-97 Street Closure Approved 2. 2-25-97 Rezoning (R-7.5 Residential District to B-2 Business Approved District) 3, 2-25-97 Rezoning (B-2 Business District to R-7.5 Residential Approved District) 2-10-98 Street Closure Approved 4. 8-26-97 Conditional Use Permit (Mini -warehouse expansion) Approved 7-12-94 Conditional Use Permit (Mini -warehouse expansion) Approved 5. 10-27- Conditional Use Permit (Automotive and Small Engine Approved 98 Repair) 6. 6-25-90 Street Closure Approved 7. 4-24-01 Street Closure Approved 12-5-00 Rezoning (B-2 Business District and R-7.5 Residential Approved District to Conditional B-2 Business District 8. 5-23-00 Conditional Use Permit (Automobile Service and Approved Convenience Store) 9. 3-25-03 Street Closures, Rezoning (1-1 Light Industrial to Approved Conditional B-2 Business), and Conditional Use Permit (Motor Vehicle Sales) I4 [ "nr.•..1r L .5 .yam ;• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Santa Fe, L.P. — Conditional Use Permit (automobile repair establishment) MEETING DATE: May 25, 2004 ■ Background: An Ordinance upon Application of Santa Fe, LP for a Conditional Use Permit for an automobile repair establishment on property located at 3700 Sentara Way (GPIN 14875238530000). DISTRICT 3 — ROSE HALL ■ Considerations: The applicant proposes to construct a vehicle preparation facility of 12,481 square feet on the east side of the property. Driver's World, previously AutoNation, has existed on the site since 1997. The proposed facility requested through this use permit will contain a paint bay, preparation bay, restrooms and office. The proposed building is modern in design, matching the existing buildings on the site. It is to be constructed of exterior insulation finish system, exposed steel and glass. The proposed building is white, trimmed in blue and red, similar to the existing buildings on the site. A three-foot high berm is proposed on both the northern and southern sides of the proposed building area. The request is in keeping with the Comprehensive Plan recommendations for the area. Staff recommended approval. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with abstention to approve this request with the following conditions: The proposed building shall substantially conform in size and location with the submitted site plan titled "Conceptual Use Permit Exhibit for Driver's World, Proposed Prep Facility, 3700 Sentara Way, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 2/20/04. Said plan is on file it the City of Virginia Beach Planning Department. Santa Fe, LP Page 2 of 2 2. The design, building materials, and building colors of the proposed building shall substantially conform with the submitted elevation plan titled "Proposed Prep Facility for Driver's World, Virginia Beach, Virginia", prepared by Lyall Design Architects, and dated February 2, 2004. Said plan is on file in the City of Virginia Beach Planning Department. 3. The site shall adhere to all of the conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on February 25, 1997 and December 18, 2002. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Ag e ncy: Planning Department City Manager<zz-� G07-221-CUP-2004 SANTE FE, LP Agenda Item # 1 April 14, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for an Automobile Repair Establishment LOCATION: Property located at 3700 Sentara Way GPIN: 14875238530000 COUNCIL ELECTION DISTRICT: 3 — ROSE HALL SITE SIZE: 11.7 acres SANTA FE, L.P. Agenda Item # 1 Page 1 EXISTING Driver's World, an automotive sales, service and rental establishment LAND USE: occupies the site. The site is zoned B-2 Business district. SURROUNDING North: • Interstate 264 LAND USE AND . Sentara Way ZONING: . Across Sentara Way are single-family dwellings and offices / R-7.5 Residential District and B-2 South: Business District East: • Mini -warehouses / B-2 Business District West: • A vacant wooded lot / B-2 Business District NATURAL RESOURCE The site is developed with buildings and parking areas. A small AND portion of the site along the northern property lines is in the Resource CULTURAL Protection Area of the Chesapeake Bay Preservation Area, with the FEATURES: balance of the site in the Resource Management Area. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary c Prvposa The applicant proposes to construct a vehicle preparation facility of 12,481 square feet on the east side of the property. The facility will contain a paint bay, preparation bay, restrooms and office. The proposed building is modern in design, matching the existing buildings on the site. It is to be constructed of exterior insulation finish system, exposed steel and glass. The proposed building is white, trimmed in blue and red. A three-foot high berm is proposed on both the northern and southern sides of the proposed building area. SANTA FE, L.P. Agenda Item# 1 Page 2 «` r`�U,,,.f re Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Continued compatibility of this use with the surrounding uses. • Consistency with the Comprehensive Plan recommendations for this area. Comprehensive Plan The Comprehensive Plan Map designates this area as Strategic Growth Area 5 with focus on a set of common planning principles that include the efficient use of land resources, full use of urban services, compatible mix of uses, range of transportation opportunities and detailed human scale design. The Comprehensive Plan's area -specific recommendations for Strategic Growth Area 5 recognize the mixture of commercial and residential uses coexisting in this portion of the South Rosemont Road corridor. To continue that relationship, all commercial expansion must be done in harmony with the concept of providing an attractive, high quality, safe, and well -maintained physical environment. The existing neighborhood character must be protected at all times from any inappropriate land use intrusion that does not provide a legitimate purpose for the surrounding community. Therefore, this commercial use expansion must ensure the highest level of site and building design quality, parking lot and building foundation landscaping, and safe ingress and egress access and circulation for vehicles and pedestrians. No outdoor automobile service or repair activities should occur, nor should the outdoor storage of repair parts and materials be permitted. This site's organization and management should be consistent with the land use and aesthetic improvements that have occurred in this area in recent years. SANTA FE, L.P. Agenda Item # 1 Page 3 qg Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The use, Driver's World, previously AutoNation, has existed on the site since 1997. The existing buildings and landscaping are of high quality and complementary to the surrounding uses. The proposed building will be of the same design as the existing buildings. The proposed three-foot berms will soften the appearance of the building from the public right-of-way. (2) The request is in keeping with the Comprehensive Plan recommendations for the area. Staff, therefore, recommends approval of this request with the following conditions. Conditions The proposed building shall substantially conform in size and location with the submitted site plan titled "Conceptual Use Permit Exhibit for Driver's World, Proposed Prep Facility, 3700 Sentara Way, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 2/20/04. Said plan is on file in the City of Virginia Beach Planning Department. The design, building materials, and building colors of the proposed building shall substantially conform with the submitted elevation plan titled "Proposed Prep Facility for Driver's World, Virginia Beach, Virginia", prepared by Lyall Design Architects, and dated February 2, 2004. Said plan is on file in the City of Virginia Beach Planning Department. 3. The site shall adhere to all of the conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on February 25, 1997 and December 18, 2002. SANTA FE, L.P. Agenda Item # 1 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further SANTA FE, L.P. Agenda Item# 1 Page 5 ill rui 4 Supplemental Information fa Zoning History 1. 12-18- Conditional Use Permit (Expansion and Shade Approved 02 Structures) 2-25-97 Conditional Use Permit (Automobile sales, service and Approved rental) 2-25-97 Street Closure Approved SANTA FE, L.P. Agenda Item # 1 Page 6 2. 2-25-97 Rezoning (R-7.5 Residential District to B-2 Business Approved 3. 2-25-97 District) Rezoning (B-2 District) Street Closure Business District to R-7.5 Residential Approved 4. 8-26-97 Conditional Use Permit (Mini -warehouse expansion) 7-12-94 Conditional Use Permit (Mini -warehouse expansion) 5. 10-27- Conditional Use Permit (Automotive and Small Engine 98 Repair) 6. 6-25-90 Street Closure 7. 4-24-01 Street Closure 12-5-00 Rezoning (B-2 Business District and R-7.5 Residential District to Conditional B-2 Business District 8. 5-23-00 Conditional Use Permit (Automobile Service and Convenience Store) 9. 3-25-03 Street Closures, Rezoning (1-1 Light Industrial to Conditional B-2 Business), and Conditional Use Permit (Motor Vehicle Sales) Approved Approved Approved Approved Approved Approved Approved Approved Approved The site was zoned C-L 2 Limited Commercial District and R-S 4 Residence Suburban District until 1966. In 1966, a majority of the site was rezoned to C-L 2 Limited Commercial District. From 1973 to 1988, the site was zoned B-2 Business District, and the western portion was zoned R-6 Residential District. In 1997, the western portion of the site was rezoned to B-2 Business District. A conditional use permit was approved on the entire site in 1997 for automobile sales, service and rental. The following conditions were attached to the use permit: 1. No outdoor paging or speaker systems are permitted. 2. The development shall substantially adhere to the submitted rendering, site plan, and landscape plan on file in the Planning Department. The color scheme shall be in keeping with the submitted color board. Minor deviations will be permitted only with the approval of the Planning Director. 3. In addition to the landscaping shown on the submitted landscape plan, a meandering berm with a height of at least three (3) feet at the peaks is required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. 4. The sign shall be monument style with full landscaping at the base and substantially in keeping with the submitted rendering on file in the Planning Department. All sign regulations must be adhered to. SANTA FE, L.P. Agenda Item # 1 Page, 7 5. No signage is permitted on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. The archway shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. This area shall be landscaped. All applicable setbacks must be adhered to. 6. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and the Expressway, or from the Third Street right of way. 7. Hours of operation shall be from 9 AM to 9 PM for the sales operation. Hours for the service center shall be limited to 9 AM to 10 PM. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. 8. All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way. 9. A direct access is required for construction traffic from Rosemont Road during construction of the facility. Construction traffic is prohibited on Sentara Way. 10.Any existing healthy trees located within Spruce Street and the 25-foot shall be protected and saved. New landscape material, as shown on the landscape plan, shall be added where existing vegetation does not meet the Category I requirements. There shall be a 66' buffer on Spruce Street. The site was developed in 1998 according to the submitted plans for the conditional use permit. On December 18, 2002 the site was granted another Conditional Use Permit for an expansion of the automotive service facility and four shade structures in the parking areas. The following conditions apply: The proposed building additions and the location of the proposed shade structures shall substantially conform in size and location with the submitted site plan titled "Conceptual Site Layout, Auto Nation, 3700 Sentara Way, Virginia Beach, Virginia', prepared by MSA, P.C., and dated 09/18/02. Said plan is on file in the City of Virginia Beach Planning Department. 2. The design, building materials, and building colors of the proposed additions shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia", prepared by Lyall Design Architects, and dated July 15, 2002. Said plan is on file in the City of Virginia Beach Planning Department. SANTA FE, L.P. Agenda Item# 1 Page 8 3. The site shall adhere to all of the conditions attached to the existing Conditional Use Permit approved by the Virginia Beach City Council on February 25, 1997: a. No outdoor paging or speaker systems are permitted. b. The development shall substantially adhere to the submitted rendering, site plan, and landscape plan on file in the Planning Department. The color scheme shall be in keeping with the submitted color board. Minor deviations will be permitted only with the approval of the Planning Director. c. In addition to the landscaping shown on the submitted landscape plan, a meandering berm with a height of at least three (3) feet at the peaks is required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. d. The sign shall be monument style with full landscaping at the base and substantially in keeping with the submitted rendering on file in the Planning Department. All sign regulations must be adhered to. e. No signage is permitted on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. The archway shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. This area shall be landscaped. All applicable setbacks must be adhered to. f. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and the Expressway, or from the Third Street right of way. g. Hours of operation shall be from 9 AM to 9 PM for the sales operation. Hours for the service center shall be limited to 9 AM to 10 PM. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. h. All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way. i. A direct access is required for construction traffic from Rosemont Road during construction of the facility. Construction traffic is prohibited on Sentara Way. j. Any existing healthy trees located within Spruce Street and the 25-foot shall be protected and saved. New landscape material, as shown on the landscape plan, shall be added where existing vegetation does not meet the Category I requirements. There shall be a 66' buffer on Spruce Street. 4. Street frontage landscaping, in accordance with the Site Plan Ordinance, Section 5A, shall be installed along the northern property line adjacent to Interstate 264. SANTA FE, L.P. Agenda Item # 1 Page 9 5. There shall be no pennants, streamers, banners, balloons, or searchlights displayed on the buildings, shade structures and site at any time. 6. The proposed shade structures shall be substantially in conformance with the submitted brochure titled "Shade Structures" which is on file with the Planning Department. The shade structures shall meet the following requirements: a. The framework shall be of noncombustible construction; b. The fabric shall be flame resistant; c. The structures shall meet wind load requirements for the area. d. The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 7. Additional landscaping shall be installed as depicted on the plan entitled, "Conceptual Site Layout / Landscape Plan, AutoNation, 3700 Sentara Way, Virginia Beach, Virginia," dated 12/06/02. The landscape plan shall be revised prior to site plan review to indicate upgrade of the berms adjacent to Sentara Way. The site plan for the addition was approved in April 2003. Public Agency Comments Public Works Master Transportation Sentara Way in front of this site is a two lane undivided Plan (MTP): collector / local roadway. The road is not on the Master Transportation Plan, and there are no projects in the Capital Improvement Plan to improve Sentara Way. However, Sentara Way is being studied for improvements within the Capital Improvement Project, CIP 2-097, 1-264 / Rosemont Road Interchange Improvement Project. One of the alternatives being studied is to extend Bonney Road over 1-264 and connect it with Sentara Way. If this alternative is chosen then Sentara Way will be improved to a four lane undivided roadway from the Sentara Assisted SANTA FE, L.P. Agenda Item # 1 Page 10 Living facility to Rosemont Road. Rosemont Road near this site is a four -lane divided minor urban arterial. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Sentara Way N/A N/A Existing Land Use 1,121 ADT 35,000 22,800 Rosemont Road ADT' ADT' Proposed Land Use 3- no change Average uany inps ' as defined by previous application for repair ' as defined by no increase in traffic to the site for this use Public Utilities Water. There is an eight (8) inch water main in Sentara Way in front of the site. The site has an existing water meter that may be used or upgraded. There is an eight (8) inch sanitary sewer main in Se front of the site. The site is connected to City sewer. Sanitary sewer flow calculations and pump station analysis of Pump Station 503 will be required to determine if the new flows can be accommodated. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. A certificate of occupancy shall be obtained from the Building Official before use of the building. The Fire Marshall must approve security for ingress and egress so that Fire Department access is not obstructed. Gated sites shall provide for Fire Department access usii SANTA FE, L.P. Agenda Item# 1 Pa9e 11 the Knox or Supra key system. Electronically operated gates shall have a failsafe operation in the event of a power failure. Fire lanes may be required after occupancy of the building. Fire code permits may be required at time of occupancy. Hazardous materials used, stored or sold on the site shall comply with the Virginia Statewide Fire Prevention Code. SANTA FE, L.P. Agenda Item # 1 Page 12 1= M, Spruce=;St. t I Now § {} m )\ : � §} Exhibit B Proposed Site m- SANTA FE,L L.P. Agenda Item #, p 15 ty gi 1. Exhibit D - I Proposed Building Details SANTA FE, L.P. Agenda Item # 1 Page 16 EXISTING SALES BUILDING EXISTING SALES BUILDING DRIVER'S WORLD VIRGINIA BEACH, VIRGINIA FEBRUARY 2.2004 My m.mem>e�.c.am+r �.a n.ee.mwme.we�s.aencwmv. Cwr*W zaoa: �w o.w�. ��c. Exhibit D - 2 Proposed Building Details SANTA FE, L.P. Agenda Item # 1 Page 17 EXISTING SERVICE BUILDING EXISTING SERVICE AND SALES BUILDINGS DRIVER'S WORLD VIRGINIA BEACH, VIRGINIA FEBRUARY 2, 2004 .MY rypOMIM M wAa w N ON msY M M �NU� M'Mn�l awwf MYbn mnM. CwiMO`I ]OIL: L'/M CeYT. lic. Exhibit D - 3 Proposed Details SANTA FE, L.P. Agenda Item # 1 Page 18 Exhibit D - 4 PROPOSED PREP FACILITY FOR DRIVER' S WORLD VIRGINIA BEACH, VIRGINIA. FEBRUARY 2, 2004 a+y ^ nwrgMa nYn mrcrm• M nwln Wbrnn expau wreen:anw+. Lopynya ]006:1YL� Cergn. �z. ^-Dposed Details SANTA FE, L.P. Agenda Item`# 1 Page 19 Exhibit E Disclosure Statement rli —� d 3ti ='sue ss Z� �L Luc W ?o on4�mEgg% -d EoisG c- -0 3mL ,X °-° 4 V_N9 mOC O-�NO�CN 4rm �y�V_p F yCj W -/ %1 '.i m DlL�6mL mV V m - N 0 � min-, T y Emm � E9S J, No�� =mc mowd-mm`c�mE `m'$9 Qa� 0U6�jN d�9C �DG06p � �YmTqm �i� @ G m 22 n 4 o E c E E o n C 7 y i 6 O Gv Q C� C a t O V U m'JG-J ? vim+ 6 .N C p O mma S>pm 5�. Ln is a w c m G F Z '° ° �, G O m N C U: 1 O w i m wn ° 3 0 and; ` ac w N w § EO toy o m aa8� �3 �g�G a oaf m' N �� i- c o. R C m Lm 51 Y v S K011Y3IZ0 11MHd TO MOIIIUN03 SANTA FE, L.P. Agenda Item # 1 Page 20 Item #1 Santa Fe, LP Conditional Use Permit 3700 Sentara Way District 3 Rose Hall April 14, 2004 REGULAR William Din: Now onto the main part of our regular business. Mr. Josepi. Strange will be calling the items to the front. Joseph Strange: The first item that we have is Santa Fe, LP. They're applying for a Conditional Use Permit for an automobile repair center. That is with three conditions. William Din: Do we have the applicant or representative please? Morris Fine: Good afternoon. I'm Morris Fine. I represent Santa Fe, which is owned by the Snyder Family that owns Checkered Flag. This is an application for the use of a repair shop. They want to have a paint bay, preparation bay, restroom and office. It's about 10 acres already zoned. They have a Conditional Use Permit already on the property. This is just an addition. It won't bring in any further traffic to the property. It fits within the guidelines. I would ask that it be approved. If there are any questions, I'll be happy to answer them. William Din: Thank you Mr. Fine. Are there any questions? Ronald Ripley: The only comment we made in the informal session, and that is the degree, can you discuss to what degree you've gone to buffer this from any surrounding areas? It looks like you have some pretty good buffers in place. Can you describe those please? Morris Fine: It was zoned with a Conditional Use Permit previously, and there were proffers made, and the buffers are in place around the property. As you may know some of the property, to the west, is owned by Runnymeade. All of the principals of Runnymeade, actually has about three acres. That is also a buffer at the present time. The whole property has been dissolved by Runnymeade that I've been involved in. There may be somebody that has some specific objection, but I don't. Ronald Ripley: No. I was asking you to describe. I wasn't objecting to you. Morris Fine: Oh, okay. There are buffers there and as a matter of fact, I have to chuckle to myself for one of the members of City Council had some objection to some of the plantings and was going through recent Conditional Use Permit, and we concurred with what she desired. It's been brought up to date in recent years. Yes sir? Joseph Strange: What type of precautions or what kind of conditions had to be met when Item #1 Santa Fe, LP Page 2 you're going to do painting inside of a building like this to make sure the fumes don't spill over into the neighborhood? Morris Fine: I know that they buy these boxes, and they have to comply with the EPA Regulations, and they are highly confined and also highly regulated by the EPA. These specialized boxes they have so that the fumes don't get out. William Din: Are there any other questions? Donald Horsley: I'll just mention that we had this on the consent agenda, and evidently we got some opposition so maybe we'll just hear from the opposition. William Din: Okay. Joseph Strange: In opposition we have Joseph M. Cherry. Will you please introduce yourself? Joseph Cherry: Good evening. My name is Joseph Cherry. William Din: Welcome sir. Joseph Cherry: I'm a homeowner, directly across the street from this place. I'm right on 117 Presidential Boulevard. I don't even see it listed there, but where Sentara Way is. Donald Horsley: Could you use the pointer there and show us where you live? It's the little black box up there in the corner. William Din: There's a little button on the top. You can pull it up. Joseph Cherry: That's Presidential right there. I think I'm probably right here. This house and this house is me. I don't own these houses. My problem is right over here is Driver's World. I guess this is where Driver's World is. We already have problems from this place. As far as the noise and things that are coming from there. And now, I used to be a painter. I hear this man speaking about no problems coming from paint fumes and things of this nature but I disagree with him. Not only that, but right next to it there is a nursing home there or convalescent place. You got older people living there. Whatever their problems are and you're going to put something right next them that is toxic. On all these paint cans they tell you right there that these things are toxic. Not only that, there are plenty of young children in this neighborhood, and I'm just saying that it would not be a good thing. That's my feeling about it. It wouldn't be a good thing at all. There's already the Auto Nation, the Driver's World thing, like I said, they already have a facility there. I don't think we need another facility. That's my opinion. William Din: Mr. Cherry, I believe this is part of the Driver's World application. It's right on that property there. So, the red building is the Driver's World. Joseph Cherry: The red building is Driver's World. So what do they want to do? Item #1 Santa Fe, LP Page 3 William Din: This is their facility they are putting in. Joseph Cherry: So you're saying now they just want to put in a paint facility? William Din: Yes. Joseph Cherry: And they want to enlarge that one. I don't think they need that. William Din: Okay. Are there any questions for Mr. Cherry? Ronald Ripley: I have a question. The building to the top part of the picture, that's been there for quite some time. Has that caused you any problem or anything? Joseph Cherry: This building here is what you were speaking of? Ronald Ripley: Yes sir. Joseph Cherry: Well, let me ask you this. What is this building? I'm trying to get my bearings here. William Din: The red building, I believe is the showroom Joseph Cherry: Their showroom? This building right here is the building where I've had to go over there many times. This is my house I think right here, either this house or this house, one of these two. I've had to personally go across there and ask these people to turn down the music. What they will do is they will take these cars that they are working on and they bring them out there. It's not all of them but it has several of the mechanics just blast. When the truck drivers come, sometimes maybe 12:00 or 1:00 o'clock at night when they off load their trucks. 'They'll put their truck right up in here, and then we have to deal with them and with all the noise offloading of the trucks. Now, what you're talking about is that not only are we going to have something here, but now where going to bring something over in this area now what you're saying. Donald Horsley: No sir. Where the square box is. Joseph Cherry: Oh, it's going to be down in this area here now? So, it's not going to be in this area here? Kathy Katsias: No. Ronald Ripley: No. Kathy Katsias: They're going to duplicate the other building. Joseph Cherry: It's going to be like this one down here? Kathy Kathsias: Right. Item #1 Santa Fe, LP Page 4 Joseph Cherry: Well, if it is going to be down here then I have less a problem with it. I thought it was going to be over in this area here. Alright. William Din: Are there any other questions? Don. Donald Horsley: Mr. Cherry, I appreciate you being here today. I think you got a better understanding of what they want to do. Anytime you have concerns about what's going on, this is a Conditional Use Permit, and you can let the Planning Department know that these concerns and that you have had these problems, and they'll check it out for you. Joseph Cherry: Alright. Donald Horsley: This is a Conditional Use Permit so you can call the City. They'll help you on this. Joseph Cherry: Alright. Thank you. William Din: Thank you Mr. Cherry. Is there anybody else? Is there any other speaks to oppose this application? Mr. Fine, would you like to rebut? Moms Fine: I've been representing Driver's World and Checkered Flag for over 40 years. I continue to represent them and if Mr. Cherry has a problem I'll be happy to discuss it with him, and I would discuss if there is a noise problem, I'll discuss it with the people at Driver's World as soon as I leave here. I assure you that we will deal with it and try to modify and kind of condition to reduce this noise. William Din: Are there any questions? Mr. Fine, I have a comment. Moms Fine: Yes sir. Mr. Cherry identified that you do vehicle unloading over there on the public street. Is that correct? Where are the public vehicles unloaded? Morris Fine: I don't have that knowledge. I can't tell you what they do. I know they must unload. They buy cars at auctions, and I know they must unload them but when and where, I couldn't tell you but if it's a nuisance I'll will certainly bring that up to their attention and deal with it. William Din: Thank you. The time frame when they unloaded might be in the discussion there also. I appreciate that. Thank you sir. Moms Fine: Thank you. William Din: Are there any other comments? Is there a motion? Eugene Crabtree: I'd move that we approve the application with the conditions and proffers so noted. Item #1 Santa Fe, LP Page 5 William Din: A motion by Mr. Crabtree to approve and seconded by Ms. Katsias. Is there any other discussion? Robert Miller: I need to abstain from this item. My firm is working on this project. William Din: Thank you Bob. We're ready for the vote. AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON ABSENT CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD ABSENT Ed Weeden: By a vote of 8-0, with one abstention, the application of Santa Fe, LP has been approved. 1. 7-9-02 Street Closure Hpprovea 8-14-01 Conditional Use Permit (Parking Lot) Approved 5-9-95 Conditional Use Permit (Church / School Expansion) Approved 4-12-94 Conditional Use Permit (Church / Additions) Approved 6-9-92 Rezoning (R-5S Residential to RT-3 Resort Tourist) Approved 3-10-92 Street Closure Approved 9-25-90 Conditional Use Permit (School) Approved 11-8-65 Conditional Use Permit (50 unit Motel) Approved 8-10-64 Rezoning (R-3 Multiple Family Residence to M-H Approved Motel -Hotel) and Conditional Use Permit (36 unit Motel) 2. 4-11-00 Conditional Use Permit (Recreational Facility of an Approved Outdoor Nature) 3. 1-26-93 Conditional Use Permit (Recreational Facility of an Approved Outdoor Nature) 4. 2-14-95 Conditional Use Permit (Parking Lot) Approved 5. 3-10-98 Street Closure Approved 6. 5-26-92 Conditional Use Permit (Recreational Facility of an Approved Outdoor Nature) 7. 5-8-01 Street Closure Approved CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Star of the Sea Regional Catholic School — Conditional Use Permit (school expansion — portable classrooms) MEETING DATE: May 25, 2004 ■ Background: An Ordinance upon Application of Star of the Sea Regional Catholic School for a Conditional Use Permit for a school (expansion) on property located at 309 15th Street (GPINS 24271641020000;-51470000;-50540000;-61750000). DISTRICT 6 — BEACH ■ Considerations: The applicant seeks a use permit for the addition of two portable classrooms to the site. The proposed classrooms will be located in the northwest portion of the site, adjacent to the main school building. The buildings will house 20 to 25 students during the hours of 8:00 A.M. to 3:30 P.M., from August to June. The applicant proposes to use the portable classrooms for three (3) years pending the construction of a permanent structure consistent with a master plan that is being developed. Staff has had preliminary discussions with an architect who has been retained by Star of the Sea Catholic Church to prepare a master development plan. The applicant assures staff that a master plan will be complete by June 2004. The applicant has agreed to submit copies of the plan as soon as it is complete. The church has been located on the site since the early 1900s. The school has been located on the site since 1950. Both uses are compatible with and complementary to the surrounding uses. Staff recommended approval. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: The Conditional Use Permit for the portable classrooms is approved for three (3) years from the date of City Council approval. Additionally, all portable classrooms currently in use by the applicant shall be removed Star of the Sea Regional Page 2 of 2 within three years unless a new Conditional Use Permit is approved. 2. The portable buildings shall have skirting around the entire base of each building. 3. The skirting of the portable buildings shall be screened with planters containing shrubs as specified in the Category I plant list where facing the public right-of-way. 4. The applicant shall install a hedge of ligustrum shrubs, or an acceptable substitute, along the fence line on 15th Street, between the 17-foot wide gate at the crosswalk and the 15-foot gate in the parking lot. The applicant shall supplement the existing landscaping with ligustrum shrubs, or an acceptable substitute, along the Pacific Avenue street frontage between 14th and 15th Streets. The applicant shall work with the use permit application review staff planner to achieve an acceptable landscape plan that addresses Conditions 3 and 4. The landscape plan shall be submitted to the use permit application review staff planner during the building permit process. No building permits shall be issued until the Director of Planning or his designee approves the landscape plan. 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the portable buildings. 7. A final master plan for the church and school complex shall be submitted to the Director of Planning prior to a Certificate of Occupancy being issued. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department* City Manager: �'�� M06-216-CUP-2004 STAR OF THE SEA REGIONAL CATHOLIC SCHOOL �==YY✓ Agenda Item # 16 April 14, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST LOCATION GPIN COUNCIL ELECTION Conditional Use Permit for a School (Expansion — Portable Classrooms) Property located at 309 151h Street 24271641020000;24271651470000;24271650540000; 24271661750000 6-BEACH STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 1 DISTRICT: SITE SIZE: 1.22 acres EXISTING LAND USE: Star of the Sea Church and School occupy the site. SURROUNDING North: • 151h Street LAND USE AND . Star of the Sea School gymnasium and portable ZONING: classrooms, single-family and multiple -family dwellings / A-12 Apartment District South: . Arctic Circle Across Arctic Avenue are church offices and accessory uses, and single-family dwellings / R-5S Residential East: • Pacific Avenue Across Pacific Avenue is an amusement park / RT-2 Resort Tourist District West: . Arctic Circle • Across Arctic Avenue are single-family dwellings / R-5S Residential NATURAL RESOURCE AND CULTURAL FEATURES: The church has occupied the site since the early 1900s. AICUZ: The site is within an AICUZ of 65 to70dB Ldn surrounding NAS Oceana. The United States Navy considers the use to be generally compatible with airfield operations provided measures are taken to achieve noise level reductions as specified in the City Zoning Ordinance. 1 < iI ' Summary of Proposa The applicant desires permission to add two additional portable classrooms to the site. The proposed classrooms will be located in the northwest portion of the site, adjacent to STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 2 the main school building. The buildings will house 20 to 25 children during the hours of 8:00 am to 3:30 pm, from August to June. The applicant proposes to use the portable classrooms for three (3) years pending the construction of a permanent structure. +, Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Continued compatibility with the surrounding neighborhood. The need for the church and school to develop a master plan that will provide a coordinated development of the site in terms of design, parking layout, and traffic control and circulation within the sites. ems. °R, - Comprehensive Plan r The Comprehensive Plan Map designates this area as the Resort Area. The plan recognizes that uses such as the church and school are part of the overall fabric of this area. Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are as follows: STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 3 (1) The church has been located on the site since the early 1900s. The school has been located on the site since 1950. Both uses are compatible with and complementary to the surrounding uses. (2) Staff has had preliminary discussions with an architect who has been retained by the church to prepare a master development plan. The applicant assures staff that a master plan will be complete by June 2004. The applicant has agreed to submit copies of the plan as soon as it is complete. Staff, therefore, recommends approval of this request. Conditions 1. The Conditional Use Permit for the portable classrooms is approved for three (3) years from the date of City Council approval. 2. The portable buildings shall have skirting around the entire base of each building. The skirting of the portable buildings shall be screened with planters containing shrubs as specified in the Category I plant list where facing the public right-of- way. 4. The applicant shall install a hedge of ligustrum shrubs, or an acceptable substitute, along the fence line on 15th Street, between the 17-foot wide gate at the crosswalk and the 15-foot gate in the parking lot. The applicant shall supplement the existing landscaping with ligustrum shrubs, or an acceptable substitute, along the Pacific Avenue street frontage between 14th and 15th Streets. 5. The applicant shall work with the use permit application review staff planner to achieve an acceptable landscape plan that addresses Conditions 3 and 4. The landscape plan shall be submitted to the use permit application review staff planner during the building permit process. No building permits shall be issued until the Director of Planning or his designee approves the landscape plan. 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy before occupancy of the portable buildings. STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. STAR OF THE SEA REGIONAL SCHOOL Agenda Item# 16 Page 5 Supplemental Information 4 Zoning History # I DATE IREQUEST IACTION 1. 7-9-02 Street Closure Approved 8-14-01 Conditional Use Permit (Parking Lot) Approved 5-9-95 Conditional Use Permit (Church / School Expansion) Approved 4-12-94 Conditional Use Permit (Church / Additions) Approved 6-9-92 Rezoning (R-5S Residential to RT-3 Resort Tourist) Approved 3-10-92 Street Closure Approved STAR OF THE SEA REGIONAL SCHOOL Agenda Item# 16 Page 6 9-25-90 Conditional Use Permit (School) Approved 11-8-65 Conditional Use Permit (50 unit Motel) Approved 8-10-64 Rezoning (R-3 Multiple Family Residence to M-H Motel- Approved Hotel) and Conditional Use Permit (36 unit Motel) 2. 4-11-00 Conditional Use Permit (Recreational Facility of an Approved Outdoor Nature) 3. 1-26-93 Conditional Use Permit (Recreational Facility of an Approved Outdoor Nature) 4. 2-14-95 Conditional Use Permit (Parking Lot) Approved 5. 3-10-98 Street Closure Approved 6. 5-26-92 Conditional Use Permit (Recreational Facility of an Approved Outdoor Nature) 7. 5-8-01 Street Closure Approved Public Agency Comments Public Works Master Transportation Pacific Avenue in front of this site is a four -lane Plan (MTP): undivided minor urban arterial. There are currently no Capital Improvement Projects scheduled for this right- of-way. Additional entrances from Pacific Avenue will not be allowed. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - 205 20,981 22,800 Pacific Avenue ADT' ADT' Proposed Land Use 3 - 217 Average Daily i nFu ' as defined by existing school ' as defined by additional classrooms Public Utilities Water: There is an eight (8)-inch water main in 15th Street and a six (6)-inch water main in Arctic Crescent (from Arctic Circle to Pacific Avenue). Sewer: I There is a 24-inch gravity sanitary sewer main in Arctic Crescent, STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 7 and an eight 8 -inch sanitary sewer main in 15 Street. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Appropriate permits and inspections shall be obtained from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained from the Building Official before occupying the buildings. STAR OF THE SEA REGIONAL SCHOOL Agenda Item# 16 Page 8 Exhibits 9" Exhibit A - I Aerial of Site Location STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 9 \\";% Exhibit B Proposed Site Plan u �� PROPOSED PORTAF3LE CIIISSROOMS YOA STAR OF THE SEA CATfTOI.IC CHVRCT3 STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 11 NOUV3110 ON M UNOI MN03 zl <W G: W" Fi i d ; W1 in kki.�p Ol (CCl(n 0.+ z Z W 2 w H W N 0 U m a + 4 Y Y S � O w o V a a o o _. tt o w y l o g o a o 9 y m J U r- 0 dfl_ 4 J N y� '� T O "• Y L '� Gp \3\ O G C 1` l � G a` 3a °c H. " .. a a c=o3 G G 4 m'� U_ O = ca F 9_ G Itl O a T L oM Z2- o ^ s °s 5 a_mo o °qm NOII,Tri'I'Iddu 11WURd M IVNOII,IGN03 Exhibit C Disclosure Statement STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 12 N DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA '75070MCAT BOULEVARD VIRGINIA SFACH, VIRGINIA 23�60 215A Ms. With Christie City of Virginia Beach Department of elanni :_ i' ;S Courthouse Driwe,- _ . _ Virainia Beach. -r ?__ ,-., Dow Ms. Christie. Exhibit D Supplemental Information IN RE P._v zFf _:u 70 572i- er :i_'-'0090 February 1.2, 2004 mh .,:k you for the c . port: uniny no Wvfew Qe 7 707icnal Use Permit Applica .1^.:n by Star of the Sea RegfcnaL for their proposed use K 1wo po __ y .,n the ' fnWsay-night.;I r:,,ram zone. The tia r} 5 n_- _ wiions WmpalibLe Z,- jonys _ -__.. =nnsidew this use generally aompa" operations. Measure� ., : ,-107 _ 0rginia Beach Zoning Ordinansc. If you have any questions, ...i_ my Ccmmwy 7Y PlannIQ liaison Officer, Mr, Ray FLrenae at 7571 copy to OM AVR.BG WDLANT !0002% LANTDIV .`vapor Me_ysr . ^:CL,__ Virginia Beach City ` ar.sK Virginia Beach PlanningC^-r.-.r �r_/nce raly ..ai O , s - p .c7 f - , STAR OF THE SEA REGIONAL SCHOOL Agenda Item # 16 Page 13 Star of the Sea Regional Catholic School Conditional Use Permit 309 15' Street District 6 Beach April 14, 2004 I IXWJ_W4:3 1 William Din: The last item. Joseph Strange: Mr. Chairman, the last item on our agenda today is Item #16. The applicant is Star of the Sea Regional Catholic School. It's a Conditional Use Permit for a school expansion. There are six conditions. William Din: Thank you for your patience ma'am. Susan Fentress: Thank you and good afternoon. Thanks for the nice civic lesson. My name is Susan Fentress. I'm the principal of the Star of the Sea School. I'm just here to request that we have permission to place two portable classrooms on our school property. William Din: Okay. Did we have opposition to this? Joseph Strange: Yes. We have one person here in opposition. William Din: Were there any questions for the applicant? Robert Miller: I did have one. We've seen the master plan for the facility, the preliminary master plan. Is that the final master plan? Susan Fentress: I believe that the final master plan with all the little details is due June 2004, I believe. That is what I was told. Robert Miller: So, what we have is not the final? And, I guess what I'm looking for is the time line. Susan Fentress: The request, I think was for three years is to have the portables for three years. Robert Miller: Thank you. Susan Fentress: Thank you. William Din: Who is our speaker Joe? Item #16 Star of the Sea Regional Catholic School Page 2 Joseph Strange: Speaking in opposition is Luther Fincham. Luther Fincham: I'm in the feeble position the last opposition of the day. Luther Fincham. I live at 1496 Arctic Avenue, which on your chart over here, if I can operate this thing. The two properties at the end of 15a' Street belong to my wife and I. We're at the back end of the Star of the Sea Church. I have mixed emotions about objecting to anything of education. I did not object when they added a fourth temporary classroom, which does not show on the map that we have. It's actually right there. There is a classroom there today. It was put in there a couple of years ago, well it seems like it anyway along with the other three that are there it had been there since I've moved back into this area after being away for a while. I didn't object to that because there was a plan forthcoming. In the future, I believe we were suppose to have a plan. I guess now, I'm not objecting because I've wouldn't have objected at all if they would have put these two with the other four to give us a collection like Chesapeake seems to use it in all the schools that I used to go to. But, I really think that we really should defer this until we get a master plan. If you look at the land up there, the church owns most of it. I'm telling you people things that you probably already know. They own the green field to the right. They converted an awful lot of land that was residential into church and school. They're going to change my traffic flow. They've managed to get one of my two accesses out of the neighborhood changed to a cul-de-sac, Arctic Circle. They're going to close it off somewhere in here. We weren't notified because we were ten feet away on 1496 Arctic Avenue instead of the circle. So, we didn't count, although now, I'm going to have traffic, which is one way down 15`h. The next thing that they're going to have to ask for is two was there. I really think that this master plan doesn't address. It doesn't even show the changes in the road over there. I don't see why we continue and if you look for the last ten years to do this piece meal and affect the neighborhood. I'm looking at traffic flow right now where they're planning on putting these. It's where they stage all the SUVs in the morning and in the afternoon. They all come down my street. At least they're only coming down the one street. The circle is one way. I really feel that were going to see a major change here and this wasn't completed and it didn't have completion of prior changes that the Board has approved. Thank you. Any questions? William Din: Are there any questions for Mr. Fincham? Thank you very much. Would you like to come up and address these issues please? Susan Fentress: Well, this gentleman and what I would like to say is the addition of two portable classrooms, I don't think is going to cause or create anymore problems then this gentleman already has expressed. We're talking two classrooms that will hold another 50 children. The issues that this gentleman has with the church, they're going to exist whether we add these two classrooms or not. His objection to the traffic flow and the traffic plan, I believe that has already been done and approved. So, whether we put two new classrooms there or not, I don't think it's going to change that. I have a growing school. I just need a place to put two more classrooms until the church builds a new school for us. But, again, the addition of these two spaces, I don't think is going to create anymore problem than Mr. Fincham already has with our whole operation. I just don't Item #16 Star of the Sea Regional Catholic School Page 3 see where it's going to be more significant than what we already have. As far as the total master plan, that's coming from the church and not the school. And, the master plan that you have in front of you, I can't imagine that it's going to be any different than what the final plan is going to be other than may be a little more detail to it. But, I'm not responsible for that plan. William Din: Mr. Miller. Robert Miller: How many portables do you have there already? Susan Fentress: Four. Robert Miller: So, this will make a total of six? Susan Fentress: This will make it a total of six. Robert Miller: Were the last four, did we grant those or did Council grant those and what was the time line for those? Do you know? Susan Fentress: I do not know. The last one was last summer. Robert Miller: Okay. Susan Fentress: The last one was last summer. The other three were in place before I became their principal. The last one I did request and it was last summer. Robert Miller: In the next three years do you see the possibility of needing more? Susan Fentress: No. Robert Miller: Last summer you needed one. Susan Fentress: No. Because right now because if we add two more classrooms that would give us two of every grade and then that's it. We won't go more than two of every grade. Robert Miller: Until you go through the new school? Susan Fentress: Yeah. But that would just replace what we already have. That would not be in addition too. Robert Miller: So, there is no plan to grow beyond any grade? Susan Fentress: No. Right now we go from pre-k to 8. We have two of every one of those grades except one fifth and one eighth. So, I would like to go to two fifths, two Item #16 Star of the Sea Regional Catholic School Page 4 eights and then were done. When they build the new school they'll just take away all this old stuff and put a new one. William Din: Mr. Ripley. Ronald Ripley: So, part of my question and he just answered. You don't have the student population at the moment but you have the demand for it? Susan Fentress: I have the demand for it. Ronald Ripley: Is that for the next semester? Susan Fentress: Yes. It would be for next school year. Ronald Ripley: Did I understand and I just thought I heard a comment or maybe you were giving hand signals but is there any time line on the existing portables. Faith Christie: No. Ronald Ripley: Okay. There are no time lines at the moment. My question is would the school be willing to tie all these to this time line so that we're dealing with every three years, we'll have to review this if your not set three years from now. Then we need to discuss it again. Would you be willing to do that? That would bring everything into sync and hopefully that would give some certainty to the neighborhood. Susan Fentress: Certainly, I would be willing to agree with that. Yes. William Din: Are you finished Ron? Ronald Ripley: Yes. Barry Knight: Ma'am. Mr. Ripley addressed most everything that I was going to ask you. I think it's a wonderful thing that you're doing. We appreciate that. Usually when you talk about portable classrooms you're talking about temporary portable classrooms. Mr. Ripley addressed that. I believe what the gentleman was referring to is your saying that this new stuff probably won't impact and you're probably right. But it's like a straw in the camel's back. Susan Fentress: I do understand that. Barry Knight: I think the gentleman understands that we're trying to address his concerns also and with all these portable classrooms that are going to be there and ones that are there now they will have a three year time line on them and they would have to be readdressed at that time. Item #16 Star of the Sea Regional Catholic School Page 5 Susan Fentress: And please understand we want to be good neighbors too. The school has no intention and I speak for the school not for the church but the school has no intention of asking for 15`' Street to be made two-way. I know that's one of his concerns. That's not my intention at all. But I certainly understand that the traffic. You have to understand too that the traffic flow in and out. It is a problem. I'd be lying if I told you it wasn't a problem trying to get people in for 365 children in and out but you're talking a small time frame in the morning for drop off and a small time frame in the afternoon for pickup. This is not like all day long. So, for 30 minutes in the morning and 30 minutes in the afternoon, it is congested. I can see if I were in that neck of the neighborhood it would irritate me too. But, again it's not all day long. William Din: Okay. Are there any additional comments? Mr. Crabtree. Eugene Crabtree: But no matter what the school is not going to go away and the traffic is not going to go away. Are we correct in that? Susan Fentress: The school has been there since 1958. In the last eight years since I've been principal our student population has grown by approximately 100. And, it's growing every year. So, I don't see any reason what that school is ever going to go away. Eugene Crabtree: So the problem with the neighborhood essentially is not going to go away no matter what. Susan Fentress: I don't think so. The only thing that would make it better is someone donated a huge amount of money and we can just pick it up and move it somewhere else. But, I don't see that coming. So, no, I don't think it's going anywhere. Are there any other questions? Thank you very much for your consideration. William Din: Thank you. Eugene Crabtree: I'd move that we approve the application as submitted as Mr. Ripley said with the addition of the restriction of the three year for review. William Din: How do we want that to read? Ronald Ripley: I was thinking in terms of including the existing four portable classrooms in the condition for the three year. Stephen White: Mr. Chairman, can I suggest that the end of Conditions #1 you add "Additionally" all portable classrooms currently in use by the applicant shall be removed within three years unless a new a Conditional Use Permit is approved. William Din: Sounds good. I have a motion to approve this item with the amendment to Condition #1 as stated by Stephen White. Seconded by Barry Knight. Are there any other questions or comments? We're ready for the vote. Item #16 Star of the Sea Regional Catholic School Page 6 AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON ABSENT CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD ABSENT Ed Weeden: By a vote of 9-0, the application of Star of the Sea Regional Catholic School has been approved as amended. William Din: This is our final item. I adjourn this meeting. Thank you very much. 1TM 4F) PENTECOST, DEAL AND ASSOCIATES, INC. A R C H I T E C T S April 1, 2004 City of Virginia Beach Department of Planning 2405 Courthouse Drive Room 115 Virginia Beach, Va. 23456 Reference: Conditional Use Permit, Portable Classrooms Star of the Sea Regional School Attention: Faith Christie Dear Faith: WILLIAM F. DEAL, JR. A. RAY PENTECOST, JR. E. B. DURHAM, JR. JENNIFER L. LAKE JONATHAN M. MOREFIELO JANET H. FISH Thank you for returning my call concerning the Conditional use permit application process that is presently underway with reference to the proposed portable classrooms for the school at Star of the Sea. It is my understanding that the City will accept a copy of our Conceptual Land Use plan developed for the proposed Parish Hall/Meeting Rooms Addition to the church as an exhibit to be attached to the Conditional use permit for the portable classrooms to be positioned adjacent to the regional school. Enclosed please find a copy of our Conceptual Land Use Plan which I understand will be attached to the Conditional use permit application for the portable classrooms.If you need any further information about this plan please feel free to contact me. We will in the near future be submitting a land use plan along with a conditional use permit for phase one of the Churches's building program. We have taken your advice and will be requesting a rezoning of the property to classify it as RT-3. The documentation on the conditional use permit and the rezoning will be submitted as soon as we can get it ready. The regional school is interested in having the portables in place this summer so that students can occupy the classrooms in August. We appreciate what you and the City of Virginia Beach have done and continue to do for Star of the Sea. The church wants to cooperate to the extent possible to enhance the 407 JANAF OFFICE BUILDING ° NORFOLK, VIRGINIA 23502 ° 757-466-8881 FAX 757-455-6073 EMAIL: WDEALC&PENTECOSTDEAL.COM ° WWW.PENTECOSTDEAL.COM PENTECOST, DEAL AND ASSOCIATES, INC. A R C H I T E C T S portion of the City landscape on which their buildings reside. Thank you for your efforts on their behalf. Sincerely William F. Deal, Jr. CC: Jean Choplinsky, Susan Fentress W z W Q U LL U R ri W W C H U o z Q A d W M G z a J Q W NJ W f W O z H N # I DATE IREQUEST FACTION 1 5/28/91 Conditional Use Permit (church addition) Granted 6/27/95 Conditional Use Permit (church addition) Granted 2/23/99 Conditional Use Permit (church addition) Granted 10/14/97 Conditional Use Permit (communication tower) Denied 2 2/12/79 R-1 Residential to R-3 Residential Granted 2/12/79 Conditional Use Permit (open space) Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Jessup Construction, L.L.C. — Change of Zoning District Classification (R- 40 Residential District to Conditional R-30 Residential District) MEETING DATE: May 25, 2004 ■ Background: An Ordinance upon Application of Jessup Construction L.L.C. for a Change of Zoning District Classification from R-40 Residential District to Conditional R-30 Residential District on property located at 1017 Harris Road (GPIN 14888503200000 — portion of). The Comprehensive Plan identifies this site as being within the Primary Residential Area. DISTRICT 5 — LYNNHAVEN ■ Considerations: The applicant is proposing to develop seven single-family home lots ranging in size between 30,000 to 37,000 square feet on a cul-de-sac street. The existing zoning of R-40 Residential District yields a density of five (5) homes allowed on this site. Under a "by -right" development scenario with R-40 zoning, each lot would front on Harris Road with access directly on Harris Road. The applicant is requesting a change of zoning to Conditional R-30 Residential District to allow the construction of seven (7) homes on a cul-de-sac street. Staff concludes that the creation of a cul-de-sac street is more advantageous to the neighborhood than fronting the houses along Harris Road with individual driveways. The Comprehensive Plan encourages new neighborhoods to be designed with efficiently placed vehicular access. The applicant has proffered development conditions that will ensure that the homes will complement the existing homes bordering the property. These development conditions would not be required if the property was to develop as R-40 by right. This site is heavily wooded, and the applicant has proffered to maintain a 30-foot wide buffer of existing trees along all rear property lines. The applicant has also proffered an increased side yard setback from Harris Road and open fencing rather than privacy fencing along the roadway. These proffered conditions are consistent with the Community Appearance and Design Guidelines contained in the Comprehensive Plan, which encourage open space along roadways and protection of natural site resources. Staff recommended approval. There was opposition to the request. Jessup Construction Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. (� Submitting Department/Agency: Planning Department City Manager: G05-212-CRZ-2004 JESSUP CONSTRUCTION Agenda Item # 3 April 14, 2004 Public Hearing Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. go i Ffmr�N. i'a.mt P. Location and General Information REQUEST: LOCATION GPIN: COUNCIL ELECTION DISTRICT: Change of Zoninq District Classification from R-40 Residential District to Conditional R-30 Residential District. Property located at 1017 Harris Road 14888503200000 5-LYNNHAVEN Y JESSUP CONSTRUCTION Agenda Item # 3 Page 1 SITE SIZE: 5.711 acres EXISTING LAND USE: Vacant property SURROUNDING North: • Single-family homes / R-40 Residential District LAND USE AND South: • Vacant property / R-40 Residential District ZONING: East: • Single-family homes / R-30 Residential District West: • Single-family homes / R-40 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is heavily wooded. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. ._ : .. gr q "p a Summary of Proposa The applicant is proposing to develop seven single-family home lots ranging in size between 30,000 to 37,000 square feet on a cul-de-sac street. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Compatibility with the surrounding neighborhood • Conformance with the Comprehensive Plan JESSUP CONSTRUCTION Agenda Item # 3 Page 2 a ,.t Comprehensive Plan The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Proffers' The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to `offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 When development takes place upon the Property it shall be as a single family residential community of no more than seven (7) building lots substantially in conformity with the Exhibit filed with the application for Conditional Rezoning which is on file in with the Virginia Beach Department of Planning ("Concept Plan"), which is dated March 26, 2004 and entitled "Preliminary Resubdivision of Part of Property Parcel, Plat of Property of Lettie S. Brockwell, Map Book 80 page 23, Virginia Beach Virginia" JESSUP CONSTRUCTION Agenda Item # 3 Page 3 PROFFER # 2 Prior to the time the Property is developed, restrictive covenants will be recorded which shall provide in part the following: A. A wooded buffer thirty feet (30') in width shall be maintained along the rear of each lot in the subdivision. B. No fences shall be permitted nearer than ten (10) feet from the right of way line of Harris Road and no fence along Harris Road shall exceed four (4) feet in height. No stockade or solid fences shall be permitted along Harris Road; all fences shall be of an open picket style and shall be constructed of aluminum, iron or similar materials. C. The minimum side yard setback from Harris Road shall be thirty-five (35) feet. PROFFER # 3 Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City code requirements. Staff Evaluation of The proffers submitted by the applicant adequately Proffers: address the staff concerns identified. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated March 30, 2004 and found it to be legally sufficient and in acceptable legal form. Staff Evaluatio. Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are JESSUP CONSTRUCTION Agenda Item # 3 Page 4 (1) The existing zoning of R-40 Residential District yields a density of five (5) homes allowed on this site. The applicant is requesting a change of zoning to Conditional R-30 Residential District to allow the construction of seven (7) homes on a cul-de-sac street. Staff feels there is advantages to creating the cul-de-sac street in lieu of fronting the houses along Harris Road with individual driveways that is most likely the way the property would be developed under the existing zoning of R-40. The Comprehensive Plan encourages new neighborhoods to be designed with efficiently placed vehicular access. (2) The applicant has proffered development conditions that will ensure that the homes will complement the existing homes bordering the property. These development conditions would not be required if the property was to develop as R-40 by right. This site is heavily wooded. The applicant has proffered to maintain a 30-foot wide buffer of existing trees along all rear property lines. The applicant has proffered an increased side yard setback from Harris Road. Open fencing has also been proffered which will improve the aesthetics from Harris Road. These proffered conditions are consistent with the Community Appearance and Design Guidelines contained in the Comprehensive Plan that encourage open space along roadways and protection of natural site resources. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. JESSUP CONSTRUCTION Agenda Item# 3 Page 5 Supplemental Information Zoning History # I DATE IREQUEST ACTION 1 5/28/91 Conditional Use Permit (church addition) Granted 6/27/95 Conditional Use Permit (church addition) Granted 2/23/99 Conditional Use Permit (church addition) Granted 10/14/97 Conditional Use Permit (communication tower) Denied 2 2/12/79 R-1 Residential to R-3 Residential Granted 2/12/79 Conditional Use Permit (open space) Granted JESSUP CONSTRUCTION Agenda Item # 3 Page 6 Public Agency Comments Public Works CIP 2.029.000 Project#: Title: Harris Road This project is currently under construction and will be completed within the next few months. The project will widen Harris Road from Little Neck Road to Kline Drive, a distance of approximately 3,800 feet. The project will result in a two-lane roadway with shoulders. Drainage improvements will eliminate the existing roadside ditches. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use -46 Harris Road 3,676 ADT 6,200 ADT' Proposed Land Use 3 - 64 ',overage Uauy i nps ' as defined by R-40 zoning ' as defined by R-30 zoning Public Utilities Water: There is an existing 12-inch City water main in Harris Road. This subdivision must connect to City water. Plans and bonds are required for the water line construction. Sewer: There is no gravity sewer fronting this site. This subdivision must connect to City sewer. Extension of sanitary sewer main to serve this development requires calculation and analysis for the receiving pump station 214. Plans and bonds are required for the sanitary sewer line. JESSUP CONSTRUCTION Agenda Item# 3 Page 7 Public Schools School Current Enrollment Capacity Generation' Change 2 Kingston Elementary 852 854 2 1 L nnhaven Middle 1381 1388 1 0 First Colonial High 2030 1697 1 0 —generation' represents the number of students mat me aeveiopment win add to me school 3 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: I A fire hydrant must be within 500 feet of residences. JESSUP CONSTRUCTION Agenda Item # 3 Page 8 r�3N d )44 Exhibit B Proposed Subdivision JESSUP CONSTRUCTION Agenda Item# 3 Page 10 0 DISCLOSURE STATEMENT enol 1cen1T MSC OS UIRE Exhibit C - 1 Disclosure Statement If the applicant is a corporation, partnership, firm business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ED Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. I PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ' Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Co:)Oitionol Rezoning Apprcaticn Page 12 of 13 Revised 10/1;2003 JESSUP CONSTRUCTION Agenda Item # 3 Page 11 Exhibit C - 2 Disclosure Statement DISCLOSURE STATEMEN 1 � J ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, and legal services: (Attach list if necessary) t- ✓;Lei1_�� t l�oQr� "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. I Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Applicant's Signalur Print Name Property Owner's Signature (if different than applicant) Print Name conditional Remniny npplicz6on ?age r3 of 13 Revised 1011i2002 JESSUP CONSTRUCTION Agenda Item # 3 Page 12 Item #3 Jessup Construction, L.L.C. Change of Zoning District Classification 1017 Harris Road District 5 Lynnhaven April 14, 2004 REGULAR William Din: Joe. Joseph Strange: The next item is Item #3. The applicant is Jessup Construction, L.L.C. This is to rezone R-40 Residential District to Conditional R-30 Residential District. Les Watson: Mr. Din and members of the Commission, my name is Les Watson. I'm an employee of Wolcott Rivers. To me, this application is one that makes an enormous amount of sense. As this property is currently zoned and restricted it can be developed with five very long thin lots with five driveways coming out onto Harris Road and the property could be cleared to the lot lines. As we have submitted this application, again with the proffers, we contemplate one entrance onto Harris Road from a City dedicated street. We will have expanded setbacks, both to the rear and from Harris Road and we will maintain a 30 foot wooded buffer at the rear of all property lines. It seems to me that this is directly in compliance with the Comprehensive Plan which encourages efficient vehicular access to public streets and the proffers and conditions, ] think are consistent with the community appearance design guidelines, which are contained in the plan because of the wooded buffers and the fact that we have restricted the kinds of fences that can be used on the property and particularly along Harris Road. I think it's an application that makes a great deal of sense. We're not asking for a tremendous increase from the current conditions and we believe that the development and the surrounding neighborhood will be better served than by having five driveways coming out onto Harris Road. I'll be happy to answer any questions. William Din: Thank you. Are there any questions of Mr. Watson? Thank you sir. Kathy. Kathy Katsias: The two lots that face Harris Road are the houses going to be facing Harris Road or are they going to be facing the cul-de-sac? Les Watson: The intent is to have them facing the cul-de-sac so that Harris Road would be their sideline but we have said we have the setback 35 feet from Harris Road and in addition to the 30 foot wooded buffer at the rear where it abuts the property of others. Yes sir. Ronald Ripley: Could you give us an idea of what these properties will sell for after they're developed? Item #3 Jessup Construction, L.L.C. Page 2 Les Watson: No, but my client Mr. Matter, who's the manager of Jessup Construction could. William Din: He would have to come up. Les Watson: More than $600,000, I would say. That's the kind of house that he builds. Mr. Matter has been building in Virginia Beach for 25 years and he builds high -end homes. He's a custom builder and in a strict sense of the word. William Din: Okay. Are there any other questions? Thank you. Les Watson: Yes sir. William Din: Opposition? Joseph Strange: Yes. We have one person in opposition and that is Andris Damsekaln. Could you please come up? William Din: Welcome Mr. Damsekaln. Andris Damsekaln: Good afternoon. William Din: Just for the record, say your name. Andris Damsekaln: My name is Andy Damsekaln. I live at 1249 Harris Road. I live about 3 or 4 blocks down from this site that is asking to be rezoned. William Din: Thank you. You have a comment you want to make? Andris Damsekaln: Yes I do, if I could? My opposition to this zoning is the change of zoning. This is going from R-40, which is what we have out there right now, one -acre lots to our R-30, which is somewhat less. The last time that this was done the R-30 was when Middle Plantation was built 20 years ago when I was living there at the time. That was done but Jan Summs had to offer up 11 acres for a park site so the density of the area wouldn't be changed. And that was done and that park is now on Lynnhaven Road. The second people that developed fairly large scale in that neighborhood was Hidden Point and that happened maybe 5 or 10 years ago. I don't know if there are zoning changing requirements for that but they did require, the City did for those people also to put money out for a park, which was done. The City decided that they didn't need a park. So, the money was used to build a concrete bike path between Stapleford Chase and Kline Drive, which was a significant improvement to the community also. So, my concern is that we're going from R-40 to R-30, which by itself would be my opposition. Now the other thing that I want to point out to the Planning Commission is that the neighborhood right behind us, which is referred to here as the 30-foot buffer in the back is called Lynnwood. Now, Lynnwood is an old neighborhood probably 50 years now. A lot of those homes in there are single family. They're all single family and they're all very small homes. It's not going to be very long before Item #3 Jessup Construction, L.L.C. Page 3 those homes are going to be worthwhile to be bulldozed and then you're going to see more zoning requirements and more density changes. The density changes are what I would be in opposition of. And I would say that is one of the pristine, nicest areas in Virginia Beach. I think you need too make an effort to keep it that way. And, that's my point for opposition. William Din: Thank you. Are there any questions for Mr. Damsekiln? Thank you. Andris Damsekiln: I believe there was one other gentleman that wanted to speak. Joseph Strange: I didn't have anybody else in opposition signed up. William Din: If there is other opposition, please come up and identify yourself sir. Joseph Strange: Did you sign up? Robert Walter: No, I didn't. I just got here. I'm a little late. I apologize. My name is Robert Walter. I'm also a resident of Lynnwood and I hate to see this rezoning to take place for several reasons. First of all, it would change the character of the neighborhood. The second reason is that I feel it's a cascading effect. First we had Middle Plantation came in and it was changed to R-30. Then we had a large development Hidden Point came in and now were talking about this development. There are other large lots of land, which could be grouped together later on. The more we allow this to happen, the rezoning of a R-40 neighborhood the more it's going to happen. I really feel that this is really going to change the character of the neighborhood as well as the environment that we live in. Every year the number of trees, get less dense and less dense and the less trees there are the more they fall over from storms. And, I just would like to see the neighborhood maintained as it is right now. Robert Miller: You said there are large pieces of land that can be developed in this area? I don't think were familiar with that area. Robert Walter: That is correct. As you go down the end of Lynnwood Drive there are parcels in excess of 5 acres each. Robert Miller: Oh, 5 acres. Robert Walter: That is correct. They could be put together and made into even larger residential neighborhoods than the one under question today. I hate to see that happen. It's just going to be a cascading effect Mr. Miller. Robert Miller: I don't agree with you but thank you. William Din: Thank you Mr. Walter. Robert Walter: Thank you. William Din: Mr. Watson. Item #3 Jessup Construction, L.L.C. Page 4 Les Watson: Yes sir. Mr. Chairman, Mr. Miller, if there are other large pieces of property down there, I'm not able to find them on this quadrant map here. And, in terms of the cascading effect I'd like to point out to you that that this is Middle Plantation here, which is now zoned R-30. A lot of it is zoned R-20, particularly along Little Neck Road and back here in the rear. All of the yellow areas and I'll past this in if you like, all the yellow areas are zoned R-20. All the pink areas are already zoned R- 30. And, the blue is zoned A-12. We're not looking to put 24 units an acre here. We're looking to put two more upscale houses than you could put on there as a matter of right and what we're agreeing to do in return is not cut down the trees and increase the setbacks. And, do all that we can do to preserve the character of the neighborhood. We think that this does a lot more to preserve the character of the Little Neck than the alternative which would if you have to be almost required, you have to five long skinny lots in and clear them to the borders because you would be right on your setbacks on every house out there. They would be lined up. I am unable to find any other large pieces of property. There should exist that this is going to have any serious cascading effect. Again, it's not a tremendous change from that which already exists. William Din: Thank you. Bob. Robert Miller: Do you have a dedication requirement on Harris Road in order to be able to create this subdivision? Is there a requirement of right-of-way dedication? Les Watson: Yes sir. Robert Miller: Okay. Are you required to make improvements along Harris Road? Les Watson: No, we're not required to make improvements. It's not a current condition. I don't know what's going to happen when we go in for the permits but we're prepared to do whatever we need to do. When they bring the utilities in and we will be creating a street and dedicating it so as to create the one entrance onto Harris Road. Robert Miller: Maybe, I'll go back to Bob or staff and ask the question. What kind of improvements would we require on Harris Road? Does anybody know? Robert Scott: I don't think that we would require Harris Road to be through the efforts of this developer simply to comply with what's out there already. Anything above and beyond that on Harris Road is more generated by the general public and we have to address that. Robert Miller: Isn't there a City project to do some improvements on Harris Road? Les Watson: It's ongoing. This section and I think this section is already completed if I'm not mistaken and working farther on. Robert Miller: It may be. I was down there but I don't recall that. In any case, I think Item #3 Jessup Construction, L.L.C. Page 5 the purpose of the improvements of Harris Road and one of the major purposes was the safety factor with regard to the ditches and the width of the pavement. Is that correct? The cul-de-sac you would build and obviously it has one point of entrance into Harris Road and it would be controlled by a stop sign. Les Watson: It's controlled by a stop sign and it's a full width street. It's not five narrow driveways, which we think would be a horrible situation, and that is what would be required in the current zoning. All of the rest of this area that I'm able to see on this map is already divided into lots. This is the only large piece that we see. There was a question about a park dedication. Obviously, this is not large piece when you compare it to the original development in Middle Plantation or some place else. We're not in a position to dedicate a park. William Din: Okay. Are there any other questions or comments? Thank you Mr. Watson. We appreciate it_ Are there other comments? Discussion? Robert Miller: Well, I'll continue with what I had said. I think the biggest point on this is the safety issue. There is a cost for putting in the road, which I think wasn't discussed exactly but there certainly is a cost to that. And, to allow this developer to end up with two more lots and whatever benefits he's getting out of those two lots is going to be not totally but partially assured by the cost of this road improvement. I think that having one entrance here, particularly as were getting closer to Little Neck Road and the amount of traffic that we have back there, the width of the road was set up as much more residential road, Harris Road years and years ago and the City improvements have been from the basis of safety. So, I'm completely in favor of the idea of going with what they've proposed. William Din: Yes Ron. Ronald Ripley: I also support it. I think the trade offs are such that it warrants that this be approved and I think that particularly with the buffers that he's provided where he not normally would not have to do the buffers. He's proffered to keep the wooded buffers. I think that should be assuring the neighbors that they would have this type of situation behind their houses. And also, I think and I agree with the entrance. That is what was really important to me. We spend a lot of time on applications trying to see that the entrances are consolidated and here is an opportunity to do that versus putting five individual driveways down on that road. There is a lot of traffic that is feeding from Little Neck back into the neighborhood. This is one way in helping to make it safe and I support it also. William Din: Thank you. No more comments. Do I hear a motion? Robert Miller: I'd move the approval of Item #3 Jessup Construction, L.L.C. Ronald Ripley: I'll second it. William Din: Thank you. Are we ready for the vote? Item #3 Jessup Construction, L.L.C. Page 6 AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON ABSENT CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD ABSENT Ed Weeden: By a vote of 9-0, the application of Jessup Construction has been approved. William Din: Thank you. ITM,, 3 Page 1 of 1 Stephen White - Jessup Construction #G05-212-CRZ-2003 From: "Virginia Marsh" <virginia_marsh3@hotmail.com> To: <planadm@vbgov.com> Date: 4/12/2004 8:56 PM Subject: Jessup Construction #G05-212-CRZ-2003 To whom it may concern: We strongly oppose the rezoning of the property located at 1017 Harris Road (GPIN 14888503200000). We purchased the home on 1100 Lamorelle Court (Lot 5 - Subdivision of Lamorelle Arch) which directly abuts this property. At the time of purchase, we investigated the open property behind our lot. When we were informed that it was an R-40, we felt comfortable that the value of our property would not be diminshed by any possible future development. The change of this zoning to an R-30 will have a significant impact on our property value. Our neighborhood is R-40 as are the adjoining neighborhoods. Zoning should remain consistent. Thought should be given to property owners and not the welfare of the developer's profitability. We will make our best effort to attend the hearing on April 14, but may be unable due to work commitments. We appreciate your consideration in this matter and hope that this e-mail will serve to represent our interests as well as those of our neighbors. We hope that the resolution will be to leave the property in question as an R-40 zone. Sincerely, Virginia Marsh Wayne Ramos 1100 Lamorelle Court Va Beach, VA 23452 (757) 589-3729 (c) (757) 340-8225 (h) Watch LIVE baseball games on your computer with MLB.TV, included with MSN Premium! htt�•//ioin msn com/?Dage=features/mlb&pgmarket=en-us/golonmOD200439ave/direct/Ol/ file://C:\Documents%20and%20Settings\swhite\Local%2OSettings\Temp\GW}00014.HTM 4/14/2004 K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS— (a) Plumbing/Mechanical (b) Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNAMENT PAGE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: May 11, 2004 C E S L D C M R C A W J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E L R E E S A N O X R F V E D T V A O N O D ITEM # SUBJECT MOTION VOTE I/IU CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y III/ SESSION B IVN S B T A I N E D F MINUTES: APPROVED 8-0 Y Y Y Y A Y A Y Y Y A B B B 1 SPECIAL FORMAL SESSION S S S April 15, 2004 T T T A A A I I I N N N E E E D D D 2 SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 20, 2004 3 INFORMAL & FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 27, 2004 ADD Resolution re Senior citizen Real Estate ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Tax Relief GM/ PUBLIC HEARINGS: I ARP/Baum Rd No Speakers 2 TAX EXEMPTIONS a. Hampton Road Youth Hockey One Speaker Association, Inc. b. Hampton Roads Junior Golf One Speaker Foundation c Paradocks, Inc. No Speakers 3 CITY PROPERTY FRANCHISE Speakers waived Entertainment, Inc. — Virginia Beach, VA rights Fishing Pier 4 CITY PROPERTY LEASE No Speakers FRANCHISES a. Pilot Program (May I — Sep 30, 2004) (1) Giovanni's Inc., t/a Giovanni's Restaurant, 2006 Atlantic Ave (2) Ocean Fries, Inc., t/a Keifer's Bar & Grill, 2218 Atlantic Ave b. Connector and Street Park Cafes (1) Tradewinds, LC and Rockfish Sea Grill, L.L.C., t/a Rockfish Boardwalk & Sea Grill 1601 Atlantic Ave 2 21 Fun, LLC t/a Sharx Cafe, 211 PACE 1 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: May 11, 2004 C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E L R E E S A N O X R F V E D T V A O N I O D ITEM # SUBJECT MOTION VOTE 2151 Street 5 TOWING FEE INCREASE Speakers waived rights RURAL AREA UTILITIES Two S Bakers UI FY 2004-2005 RESOURCE MANAGEMENT PLAN / CAPITAL BUDGET 2 Ordinances re FY 2004-2005 Operating ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y ' Budget: AMENDED a APPROPRIATE FY 2004/2005 $1 anno237 9960 $1,401,238,234 Operations r`^`�8,^01 $497,392,952 Interfund Transfers b ESTABLISH Tax Levy on real estate for FY 2005 c ESTABLISH Tax Levy on personal roe / machinery & tools for 2005 d AUTHORIZE Annual Funding Plan to HUD e AMEND §§ 3564 & 3567 of City Code re exemption or deferral of real estate taxes for elder) / disabled persons f AMEND §35-159 of City Code re lodging tax / extending the sunset provisions g REVISE City fund balance policy h AMEND funding sources for ARP lowering real estate tax revenue i AMEND § 35-67.1 of City Code to eliminate interest on deferred real estate taxes j AMEND §31-15 of City Code re automated refuse receptacles k AMEND §31-35 of City Code establishing a $30 fee re yard waste containers 1 AMEND §33-113 of City Code re encroachments / increasing the application fee m AMEND §5-14 of City Code re disposition of unclaimed animals / REVISING the fee schedule /REQUIRING spaying or neutering rior to adoption n AMEND §5-14 of City Code re dis osition of dead animals o AMEND § 3, Appendix C, Site Plan Ordinance, re adoption of fees for site plan review p AMEND § 8.1, Appendix B, Subdivision Regulations re fees for construction plans/ final subdivision plats/ plat revisions / subdivisions plats that do not create additional lots PAGE CITY OF P7RGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: May 11, 2004 C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D q AMEND § 6-152.5 of Chapter 6 of City Code re fees for permits: dredging / filling waters / marshlands / lowlands r AMEND §§ 1403 / 1603 of CZO re application fees / fee for deferral of an application s AMEND §§ 8-31 / 8-32 of Chapter 8 of City Code re fees / administration / stopwork orders / reviews of commercial plans / residential water & sewer connections t AMEND § 30-61 of Chapter 30 of City Code re fees for erosion / sediment control permits / plan review / inspections & review of easement or dedication plats u AMEND § 110 of Chapter 33 of the City Code re permit fees for work on / over / under or affecting streets / review of easement / dedication plats v AMEND Chesapeake Bay Preservation Area ordinance re fee for administrative / Board variances 1 Ordinances re the 2004-2005 Capital ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y * Improvement Program (CIP): AMENDED s* a FY 2005/FY 2010 CIP / APPROPRIATE PI'�,, 305,96 $180,324,432 (deleted project 9-027 [31" St. Parking Garage] for further consideration, go into Closed Session and return to Formal Session for vote) FY 2005 Capital Budget b AUTHORIZE issuance of Gen Ohl Public Improvement Bonds of $61,000,000 c AUTHORIZE issuance of Storm Water Utility System Revenue Bonds of $510,000 d AUTHORIZE issuance of Water /Sewer System Revenue Bonds of $9,215,000 OAr:P CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS IN O M B DATE: May 11, 2004 C E S D C M R C W I 1 L A N R H I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E L R E E S A N I O X I R F V E D T I V A O N O D ITEM # SUBJECT MOTION VOTE ADD Ordinance CB' # 9-027 (31° Street Parldng SEPARATE VOTE: 7-3 Y Y N N Y Y Y Y N A Y ON Garage) re increasing appropriations in the ADOPTED amount of $2,963,566 • Minutes will reflect items of concern expressed by City Council members on various items of FY 2004-2005 Operating Budget and CIP •• Wilson abstained on all items re 31' Street K/l Ordinances to AMEND City Code: a. §17-3 Library Board ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y revision of CONSENT membership b. § 21-317 Maximum speed ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y limits CONSENT c. §§ 21426 / 24429 Towing vehicles ADOPTED, BY 74 Y N Y N Y N Y Y Y N Y from private CONSENT property 2 Ordinance to AUTHORIZE acquisition ADOPTED, BY 10-1 Y Y Y N Y Y Y Y Y Y Y of an ARP easement / issuance of contract CONSENT obligations of $116,154 (property of Dianna Conte / Patricia Ange on Baum Road) 3 Ordinances to AUTHORIZE acquisition ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of properties / authorize the City Manager CONSENT to execute the appropriate documents: a PA Rd for Tidewater Community College expansion $3,750,000 b 537 S. Rosemont Rd for Housing & Neighborhood Preservation from South Hampton Rds Habitat for Humanity Inc. $36,685 4 Ordinances to DESIGNATE nonprofit organizations as exempt from local real / personal property taxation: a. HAMPTON ROADS YOUTH ADOPTED, BY 10-1 Y Y Y N Y Y Y Y Y Y Y ASSOCIATION CONSENT b. HAMPTON ROADS ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y JUNIOR GOLF CONSENT FOUNDATION C. PARADOCKS, INC DEFERRED, 11-0 Y Y Y Y Y Y Y Y Y Y Y INDEFINITELY, BY CONSENT PAGE. 5 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 1 M B L DATE: May 11, 2004 C E S L D C M R C A W I J L A N R H N I E E O A D DIE M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O 0 ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D 5 Ordinances to AUTHORIZE temporary ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments: CONDITIONED, BY CONSENT a International Parkway / Central Drive r-o-w by STIHL INC. conduit for computer cables to provide a network in Oceana West Industrial Park (BEACH — DISTRICT 6) b City's 20'utility / drainage easement at 814 Close Ave by DAVID IRVIN / AMANDA ANSELL (BEACH — DISTRICT 6) c Lake Wesley by JOSEPH M. / LORI ANNE HANLEY to MODIFY / maintain pier/ floating pier/ boat lift / mooring piles at 541 Virginia Dare Dr in Croatan Beach BEACH — DISTRICT 6 6 Ordinances to AUTHORIZE franchises: a ENTERTAINMENT, INC. at 15's Street ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re Fishing Pier CONSENT b TRADEWINDS, LC / ROCKFISH ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A SEA GRILL, L.L.C. t/a ROCKFISH CONSENT B BOARDWALKBAR & SEA GRH.L at S 1601 Atlantic Ave / 21 FUN L.L.C. t1a T SHARX CAFE at 211 2 1 " Street from A 5/1/04 to 4/30/05 I N E D c GIOVANNI'S INC., t/a GIOVANNI'S ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y RESTAURANT at 2006 Atlantic Ave / CONSENT OCEAN FIRIES, INC., t/a KEIFER'S BAR & GRILL at 2218 Atlantic Ave from 5.1.04, to 4.30.05 7 Ordinance to APPROPRIATE $80,000 DEFERRED, 11-0 Y Y Y Y Y Y Y Y Y Y Y interest -free loan to Plaza Volunteer INDEFINITELY, Rescue Squad re new ambulance BY CONSENT 8 Ordinance to APPROPRIATE $70,000 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Oyster Heritage Trust fund to develop a CONSENT plan for restoring oysters in Lynnbaven Watershed 9 Ordinance to TRANSFER $130,000 to DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y development of an urban design element 5/25/04 BY for Historic Kempsville Plan CONSENT PAGE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: May 11, 2004 C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E L R E E S A N O X R F V E D T V A O N O D ITEM # SUBJECT MOTION VOTE 10 Resolution re the annual ISSUANCE / ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y SALE of $65,000,000 Gen Ohl Public CONSENT Improvement Bonds, Series 2004A 11 Resolution ESTABLISHING Task Force ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to study Biennial City Budget for fiscal CONSENT planning purposes (requested by Councilmembers Ron Villanueva/ Peter Schmidt / Jim Wood) 12 Resolution CONCURRING with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y issuance by Norfolk Airport Authority of CONSENT Tax -Exempt Revenue Bonds not to exceed $7,500,000 for VA WESLEYAN COLLEGE / construct and equip student housing at 1584 Wesleyan Dr (BAYSIDE — DISTRICT 4) 13 Resolution to APPOINT Christiana R. ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Dougherty -Cunningham / Lucia G. CONSENT Whitlow Assistant City Attorneys ADD Resolution to DIRECT City Manager ADDED, 11-0 Y Y Y Y Y Y Y Y Y Y Y ON implement recommendations of Senior ADOPTED Citizen Real Estate Tax Relief Task Force L/1 Variances to § 4.4(b) of Subdivision APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance that all lots meet CZO: CONDITIONED, BY CONSENT a TIDEWATER CONVENIENCE, L.L.C., at 1689 Laskin Rd (DISTRICT 5 — LYNNHAV EN) b FLOYD E. WATERFIELD, JR. at 1680 Mill Landing Rd (DISTRICT 7 — PRINCESS ANNE) 2 MALBON BROS. PETROLEUM APPROVED IN 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffers re size / access COMPLIANCE on a Conditional COZ approved WITH 4 7/5/2000, (Beach Builders, Inc.) on ORIGINAL Culver Ln / General Booth Blvd PROFFERS, BY (DISTRICT 7- PRINCESS ANNE) CONSENT 3 OUTDOOR RESORTS OF VA APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y BEACH CONDOMINIUM ASSOC., WITH MAX 40 INC. for Modification of Conditions to BOAT LIFTS/ add boatlifts re CUP for community pier MAX 75 PIERS, approved 11/28/2000 / allow installation & BOAT LIFTS, of up to 75 boat lifts at 3665 Sandpiper BY CONSENT Rd (DISTRICT 7 — PRINCESS ANNE) CITY OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: May 11, 2004 C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L IN Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D M APPOINTMENTS: BOARD OF BUILDING CODE APPEALS— RESCHEDULED B Y C O N S E N S U S (a) Plumbing/Mechanical (b) Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD 1 - Y A 2 Students — Senior— year Reappointed: Melissa Jenkins 9/01/04 — 6/30/05 Junior - 2 years Appointed: Nicole Richardson 9/01/04 — 6/30/06 Representative of the Schools — 3 years 9/01 /04 — Appointed: Lloyd Thomas 6/30/07 TOWING ADVISORY BOARD RESCHEDULED B Y C O N S E N S U S ADD JLUS TASK FORCE NO TERM 10-0 Y Y Y Y Y Y Y Y Y A Y ED Appointed: Council Members Richard A. Maddox Jim Reeve N/O NEW BUSINESS ADD ON Recess to Closed Session re contractual issues APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y for 31° St Parking Garage @ 7:45 P.M. ADD Certified Closed Session @ 8:53 PM CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y ON ADD City Clerk to record Abstract of May 4, 2004, B Y C O N S E N S U S ON Councilmanic Election votes P ADJOURNMENT 9:00 PM