JULY 15, 1994 MINUTESCity of Virgirzia ~3cach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
:'MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, ^1, Virginia Beach Borough
ROBERT K. DEAN, Princess Anne Borough
W. W. HARRISON, JR., Lynnhaven Borough
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
JOHN D. MOSS, A~-Large
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC / AAE, City Clerk
SPECIAL SESSION
JULY 15, 1994
I. FORMAL SESSION -Council Chamber -
A. CALL TO ORDER -Mayor Meyera E. Oberndorf
B. READING OF MAYOR'S CALL TO SPECIAL SESSION
C. ROLL CALL OF CITY COUNCIL
D. RECESS TO EXECUTIVE SESSION
E. CERTIFICATION OF EXECUTIVE SESSION
F. ESTABLISH AGENDA ITEMS
10:00 AM
G. ADJOURNMENT
281 CITY HALL. BUILDING
MUNICIPAL CENTER
VI RGINIA BEACH, VIRGINIA 23456-900-5
(804) 427-4303
MINUTE S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July I5, 1994
Mayor Meyera E. Oberndorf called to order the SPECIAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Friday, July 15, 1994, at 11:00 A.M. for the
purpose of discussing Lake Gaston and related issues.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy
K Parker and William D. Sessoms, Jr.
Council Members Absent:
Louis R. Jones [OUT OF CITYJ
John D. Moss [ENTERED: EXECUTIVE SESSION AT
10:08 A.M.J
Louisa M. Strayhorn [ATTENDING CHARLOTTESVILLE SEMINAR
FOR NEWLY ELECTED OFFICIALS)
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Item I-A
ITEM # 38236
The Mayor read the CALL TO SPECIAL SESSION:
"HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the City Charter, Section 3.06, the City
Code, Section 2-21, and by the authority vested in me as
Mayor of the City, I hereby call a SPECIAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chamber,
City Hall Building, on Friday, July 15, 1994, at 10:00 A.M. for
the purpose of discussing Lake Gaston and related issues.
Sincerely,
s/Meyera E. Oberndorf
Mayor"
July I5, 1994
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Item I-D.
RECESS INTO
EXECUTIVE SESSION ITEM # 38237
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Yrginia, as amended, for the following purpose:
LEGAL MATTERS: Consultation with legal counsel or briefings 6y staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provisions of
legal advice by counsel pursuant to Section 2.1-344(A)(7).
To-fit: Lake Gaston and Related Legal Issues
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy
K Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R Jones, John D. Moss and Louisa M. Strayhorn
July 15, 1994
-4-
ITEM # 38238
Mayor Meyera E. Oberndorf RECONVENED the SPECIAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Friday, July I5, 1994, at 11:00 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker and William D. Sessoms, Jr.
Council Members Absent:
Louis R. Jones and and Louisa M. Strayhorn
July I5, 1994
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Item I-E.1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 38239
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Yrginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and Louisa M. Strayhorn
July I5, 1994
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CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 38237, Page No. 3, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive 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 Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ruth Hodges mith, CMC/AAE
City Clerk
July 15, 1994
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Item I-F.1.
ESTABLISH AGENDA ITEMS
EXECUTIVE SESSION
ITEM # 38240
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADDED TO THE
AGENDA:
Ordinance to Authorize Acquisition of Permanent Easements
in Lake Gaston for Water Supply Project.
Ordinance to AMEND and REORDAIN Ordinance No. 93-
2243N, Pertaining to the Conservation of the Public Water
Supply Pending Completion of the Lake Gaston Pipeline
Project.
Motion to request the Planning Commission to examine all City
development regulations concerning minimum lot size of lots
served by wells.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and Louisa M. Strayhorn
July 15, 1994
-~-
Item I-G.1.
DIRECTION TO CITY ATTORNEY
ITEM # 38241
Mayor Oberndorf advised City Council's DIRECTION to the City Attorney:
1. File a motion with the Federal Energy Regulatory
Commission (FERC) to request a RECONSIDERATION of
the decision made by FERC on June 23, 1994, requiring the
preparation of an Environmental Impact Statement (EIS);
2. File a lawsuit against the Federal Energy Regulatory
Commission in the U.S. Fourth Circuit Court of Appeals in
Richmoncly Yrginia, seeking an order directing the Federal
Energy Regulatory Commission to issue a final decision on the
easements needed for the Project; anc~
3. File a petition requesting the State Corporation Commission
to allow the City to condemn the easements necessary in Lake
Gaston for the operation of the Lake Gaston Project.
July 15, 1994
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Item I-H.l.
ORDINANCES
ITEM # 38242
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to Authorize Acquisition of Permanent Easements in Lake
Gaston for Water Supply Project.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and Louisa M. Strayhorn
July 15, 1994
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PERMANENT EASEMENTS IN LAKE GASTON FOR WATER
3 SUPPLY PROJECT
4 WHEREAS, the Council of the City of Virginia Beach,
5 Virginia, finds and declares that it is necessary for the City to
6 acquire certain easements in Lake Gaston in order to construct and
7 operate its proposed Lake Gaston Water Supply Project and that a
8 public necessity exists for the construction and operation of this
9 project in order to provide domestic water supply for the people of
10 the City and to preserve their safety, health, peace, good order,
11 comfort, convenience, and welfare; and
12 WHEREAS, the City has attempted to acquire these
13 easements by contract from the owner of Lake Gaston, Virginia
14 Electric and Power Company, since 1984, but has been unable to do
15 so;
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 That the City Attorney is hereby authorized and directed
19 to acquire by condemnation, in the manner authorized by law, those
20 certain permanent easements in real property described in the
21 Easement Agreement and Easement Agreement for Water Pipeline
22 Facilities which are attached hereto, and subject to the
23 reservations, terms, and conditions set forth in those Agreements,
24 except those provisions which make such Agreements subject to
25 approval by the Federal Energy Regulatory Commission.
26 That an emergency is hereby declared to exist and this
27 ordinance shall be in force and effect from the date of its
28 adoption.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 15 day of July ~ 1994.
31 CA-5658
32 ORDIN\NONCODE\LAKEGAST.ORD
33 R-1
34 PREPARED: 07/14/94
~asaxarrr xaRa~rrr
THIS EASEMENT AGREEMENT is made this day of
1991, by and between VIRGINIA ELECTRIC AND POWER
COMPANY (Grantor), a Virginia public service corporation, and THE
CITY OF VIRGINIA BEACH, VIRGINIA (Grantee), a municipal
corporation of the Commonwealth of Virginia.
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WHEREAS, Grantor is a public service corporation
engaged in furnishing electric utility service in portions of
Virginia and North Carolina, and, as such, owns and operates
facilities for the generation end transmission of electricity
within those states, and others; and
WHEREAS, Grantee is incorporated under the laws of the
Commonwealth of Virginia and is charged with the responsibility,
among others, of providing a reliable water supply to its
residents; and
WHEREAS, Grantor is the owner of a certain parcel of
land located in Brunswick County, Virginia, more particularly
described below (the Subject Parcel), which is a portion of the
land acquired by Grantor for the Lake Gaston Reservoir included
in Federal Energy Regulatory Commission (FERC) Project Number
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2009 comprising the Roanoke Rapids hydrogeneration facility and
the Gaston hydrogeneration facility (Project); and
WHEREAS, Grantee has proposed the construction and
operation of a water supply pipeline from the Pea Hill Creek area
of Lake Gaston to Southeastern Virginia for the purpose of
withdrawing water from Lake Gaston to serve the residents of
Southeastern Virginia; and
WHEREAS, Grantee desires to install one (1) underground
water conduit approximately sixty (60) inches in diameter
together with related equipment and facilities including pipe,
valves, air vents, vacuum equipment, stand pipes, manholes, and
other appurtenances necessary for the piping of water through a
pipeline (the Pipeline) under and across the Subject Parcel; and
WHEREAS, Grantor is willing to grant an easement to
Grantee to situate and maintain the Pipeline upon the Subject
Parcel, subject to the terms and conditions contained herein.
NOW, THEREFORE, THE PARTIES AGREE:
THAT, for the sum of ONE DOLLAR (51.00), and other good
and valuable consideration, the receipt of which is acknowledged,
Grantor grants unto Grantee, subject to the reservations, terms,
and conditions set forth below, an easement (the Easement) to
lay, construct, install, inspect, maintain, operate, repair,
replace, and remove facilities necessary for the piping of water
through the Pipeline through and under the Subject Parcel being
shown as parcel number 003 on the diagram labeled Attachment A
attached to, and made a part of, this Easement Agreement;
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(38211
The Subject Parcel consists of a strip of land
r approximately eighty (80) feet wide beginning near the shore of
the Lake Gaston Reservoir in Brunswick County, Virginia and
traversing east for a distance of 274.35 feet along the north
side and 393.07 feet along the south side as shown on Attachment
A, and being further described as follows:
Beginning at a point that separates
Company's property and property now or
formerly of Champion International
Corporation, said point is Northing 77915.66
and Easting 2191394.14 in the Virginia
Coordinate System, South Zone (NAD 1927);
thence S. 17' S3' S5" E. 87.43 feet to a
point along a curve to the left ~avinq a
radius of 2635.28 feet, an arc distance of
296.69 feet and whose chord bearing is S. 87'
41' 14" E.; thence N. 89' 05' 15" E. 96.38
feet to a point; thence N. 38' S4' 00" W.
15.35 feet to a point; thence N. 73' S4' 28"
W. 127.10 feet to a pipe (found); thence N.
24' 19' 35" W. 33.98 feet to a point; thence
along a curve to the right having a radius of
2555.28 feet and an arc distance of 265.44
feet and whose chord bearing is N. 86' S1'
28" W.; thence N. 83' S2' 55" W. 8.91 feet to
a point; thence S. 17' S3' 54" E. a distance
of 50.63 feet to the point and place of
beginning and containing 0.587 acre of land.
The Easement is granted subject to the following terms
and conditions:
1. Grantee shall use the Subject Parcel only for the
purposes of laying, constructing, installing, inspecting,
operating, maintaining, repairing, replacing, or removing
Pipeline and for access to the Facilities of Grantee described in
the Easement Agreement for Water Pipeline Facilities between
Grantor an6 Grantee dated 1991 if no other access to
said Facilities is reasonably available to Grantee.
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2. No part or appurtenance of the Pipeline shall (a)
extend more than five (5) feet above the surface of the ground
unless expressly otherwise permitted by Grantor or (b) except
for the water conduit, be located within fifty (50) feet from any
part of Grantor's electric transmission towers or structures.
Nothing in this Easement Agreement shall give Grantee, its
contractors, employees, successors, or assigns the right to place
trailers, sheds, or other structures of any nature, temporary or
permanent, on the Subject Parcel.
3. The Pipeline shall be buried so that the top of the
water conduit is not less than thirty-six (36) inches below the
pre-existing grade. The water conduit and below-grade
appurtenances of Pipeline shall be designed to withstand wheel
loadings equal to or greater than those set out in American
Association of State Highway Transportation Officials (AASHTO)
Designation HS20-44. To protect the Pipeline and related
equipment and facilities, Grantor will notify Grantee before
bringing vehicles onto the Subject Parcel that create loadings
greater than those set out in said Designation HS20-44 and before
making any excavations on or under the Subject Parcel and will
not bring such vehicles onto the Subject Parcel or make any such
excavations without the consent of Grantee, which consent will
not be unreasonably denied or delayed, except when emergency
repair work is necessary to restore or continue electric service
to the public.
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4. Grantee shall make no excavation of, nor permit any
excavation of, Subject Parcel within fifteen (15) feet of an
existing transmission structure, guy wire, guy wire anchor, or
other structure or equipment of Grantor unless specifically
approved in writing by Grantor. Grantee shall construct,
install, inspect, operate, maintain, repair, replace, and remove
the Pipeline in a manner that will not damage or endanger any
facilities now or hereafter installed by Grantor. Grantee shall
not undermine any electric-line pole, tower, or structure of
Grantor on or adjoining the Subject Parcel. Grantee will fill
any excavations made by Grantee, its agents or employees, to the
same elevations as existed before the excavation, and shall
continue to refill as necessary.
5. A minimum distance of fifteen (15) feet is to be
maintained between Grantor's electrical conductors and any
construction equipment used by or on behalf of Grantee.
6. Grantee shall not use, nor permit the use of, any
construction equipment or other equipment on the Subject Parcel
having wire cables which, if broken, could come within ten (10)
feet of any electrical conductor.
7. All Pipeline components shall be grounded
electrically in a manner satisfactory to Grantor, and Grantor
assumes no responsibility for electrical induction affecting
objects located on Subject Parcel in connection with any activity
carried on pursuant to this Easement Agreement.
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S. Grantee shall place permanent identification
markers on the Subject Parcel showing the location of the
Pipeline and showing locations of changes in the Horizontal
alignment of the water conduit, in a manner satisfactory to
Grantor.
9. Up to one (1) foot of excess fill may be disposed
of on the Subject Parcel, but no increase in elevation shall be
permitted within thirty (30) feet of the centerline of Grantor's
transmission line and any filling done must be performed in a
manner such that water will drain from the Subject Parcel and
will not cause "ponding" on the Subject Parcel. Grantee will
establish self-sustaining ground cover on all fill areas.
10. Grantor acknowledges that Grantee may find it
necessary to improve access along the Subject Parcel during
construction of Pipeline. To discourage use of the Subject
Parcel by unauthorized vehicles, after construction of Pipeline,
Grantee shall promptly remove all such improvements at or near
public roads. In the event that access is necessary after
construction, Grantee may restore and use such improvements but
shall maintain barriers to bar unauthorized vehicles.
11. Grantee, its employees, contractors or agents,
shall not dispose of debris on the Subject Parcel or on any other
property of Grantor.
12. Grantee shall not conduct, or permit to be
conducted, any blasting on the Subject Parcel unless blasting is
the only practical means of excavation for the -installation of
6
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pipeline. Zf blasting is required, minimum explosive charges and
aatting shall be used to prevent damage to Grantor's equipment
and facilities, particularly Grantor's electrical conductors.
Grantee shall provide Grantor's Director of Transmission
Operations and Maintenance, P. 0. Box 26666, Richmond, Virginia
23261 not less than five (5) days advance actual notice of the
proposed time of any blasting to be performed on tha Subject
Parcel. The specific time of blasting shall be set by mutual
agreement of Grantor and Grantee to enable Grantor to take
portions of its facilities out of service, if deemed necessary by
Grantor, because of the blasting to be performed by Grantee.
Grantor shall make reasonable efforts to respond promptly to
Grantee's notice.
13. Grantee shall reimburse Grantor promptly for
expenses incurred by Grantor to repair damage to Grantor's
property, equipment, or facilities, including, but not limited to
buried facilities, resulting from, arising out of, or in any way
connected with the use of the Subject Parcel by Grantee, or the
exercise by Grantee of~rights created by, or activity undertaken
P~'suant to, this Easement Agreement.
14. Grantor may use the Subject Parcel for any purpose
not inconsistent with the rights granted Grantee in this Easement
agreement, including the right to construct, operate, and
maintain overhead and underground electric lines and other
facilities. Subject to the provisions of Paragraph 3, Grantor
reserves the right to cross the Subject Parcel with vehicles and
7
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heavy equipment as reasonably necessary. Grantor shall not be
responsible for any damage to the Pipeline, except for damages
caused solely by the negligence of Grantor or violation of the
requirements of Paragraph 3.
15. Grantee shall indemnify and hold Grantor harmless
against all claims, costs, actions, damages, losses including
death, liabilities, and expenses including reasonable attorneys'
fees resulting from, arising out of, or in any way connected with
the use of the Subject Parcel by Grantee or the exercise by
Grantee of any right created by, or activity undertaken pursuant
to, this Easement Agreement to the maximum extent permitted by
law; provided, however, that Grantee shall not be required to
indemnify or hold Grantor harmless in the event such claims,
costs, actions, damages, losses, liabilities, or expenses result
solely from Grantor's negligence, gross negligence, or willful
misconduct.
16. Grantee shall construct, install, inspect,
operate, maintain, repair, replace, and remove the Pipeline in a
safe manner and shall keep it in good repair at all times. The
Pipeline shall at all times be in compliance with all applicable
requirements of the Corps of Engineers, the National Electrical
Safety Code, the National Electrical Code, and all applicable
practices and requirements of any authority having jurisdiction
in effect at the time of construction, installation, inspection,
operation, maintenance, repair, replacement, or removal of the
Pipeline.
8
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17. Grantee shall at all times conduct its activities
on, and with respect to, the Subject Parcel, including the
construction,- installation, inspection, operation, maintenance,
repair, replacement, and removal of the Pipeline, in a manner
that does not conflict or interfere with the use of the Subject
Parcel except as set forth herein, or any other property in or
over which Grantor has an easement or other interest, by Grantor
and its successors,"assigns, agents, and licensees.
18. Grantor reserves the right to make periodic
inspections of the manner in which Grantee is using the Subject
Parcel, Pipeline, and Grantee's other equipment and facilities,
including Grantee's agents' equipment and facilities, both on the
Subject Parcel and elsewhere.
19. Grantee shall not assign or grant by easement,
license, or otherwise any rights, privileges, or encroachments of
any nature in, on, or with respect to the Subject Parcel without
the prior written approval of Grantor. In no event shall an
assignment by Grantee be effective until the assignee notifies
Grantor in writing of its acceptance of the obligations and
requirements under this Easement Agreement. The obligations and
requirements to which Grantee is subject under this Easement
Agreement shall be binding upon all of Grantee's agents and upon
all of Grantee's successors and permitted assigns.
Nothwithstanding any other provision of this paragraph 19,
Grantor acknowledges that Grantee may desire to transfer its
rights hereunder to a regional water authority. Grantor agrees
9
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that it will not unreasonably withhold its consent to such
transfer or assignment.
20. All notices, requests, demands, and other
communications required or permitted to be given by this Easement
Agreement shall be deemed to have been duly given if in writing
and delivered personally, or if sent by first class, registered,
or certified mail, postage prepaid, as follows:
If to City: City of Virginia Beach
Director of Public Utilities
Department of Public Utilities
Municipal Center
Virginia Beach, Virginia 23456
If to Company: Virginia Electric and Power Company
Manager - Real Estate/Facilities
One James River Plaza
Post Office Box 26666
Richmond, Virginia 23261
With a copy to: Guy T. Tripp, III, Esquire
Hunton ~ Williams
Riverfront Plaza - East
Post Office Box 1535
Richmond, Virginia 23212
In the case of a change in mailing address, the party changing
its mailing address shall give notice to the other party in a
manner provided in this paragraph. In the absence of any notice
by either party, and except as otherwise required by this
Easement Agreement, communications mailed to. the addresses listed
in this paragraph shall be deemed sufficient for all purposes.
21. This Easement Agreement constitutes the entire
agreement between the parties with respect to the Subject Parcel
and supersedes all prior and contemporaneous negotiations,
10
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covenants, representations, agreements, and understandings of the
parties relating to this subject matter.
22. This Easement Agreement may be amended, modified,
superseded, or cancelled, and any of its terms, covenants,
representations, or conditions may be waived, only by a written
instrument executed by the parties or, in the case of a waiver,
by or on behalf of the party waiving compliance. The failure of
~ any party at any time or times to require performance of any
$ provision shall in no manner affect the right of the party to
q
enforce that provision at a later time. No waiver by any party
of a condition, or of a breach of any term, covenant, or
representation, contained in this Easement Agreement shall be
deemed or construed to be a further or continuing waiver of that
condition or breach, or a waiver of any other condition or breach
of any other term, covenant, or representation.
23. Any ruling that one or more of the terms,
provisions, covenants, or conditions of this Easement Agreement
is void, invalid, illegal, or unenforceable in any respect, shall
not affect any other term, provision, covenant, or condition of
this Easement Agreement, but the remainder of this Easement
Agreement shall be effective as though the term, provision,
covenant, or condition held void, invalid, illegal, or
unenforceable had never been contained in this Easement
Agreement.
24. In exercising the ric7hts granted by this Easement
Agreement Grantee shall act in accordance with the laws of the
11
Commonwealth of Virginia and of any other governmental body,
local, state, or federal, having jurisdiction.
25. This Easement Agreement is conditional upon, and
shall take effect only upon, the approval by FERC.
26. No toxic substances and/or hazardous wastes,
including those used in or generated as a result of the
construction, installation, inspection, operation, maintenance,
repair, replacement, and removal of the Pipeline, shall be
disposed of on the Subject Parcel, on any property owned by
Grantor, or on any property identified in this Easement
Agreement. Any toxic substances and/or hazardous wastes used or
generated shall be disposed of elsewhere in a lawful and safe
manner. Grantee shall report any spills or leakage of toxic
substances or hazardous wastes on the Subject Parcel to Grantor
immediately and shall clean up the spill or leakage pursuant to
all applicable local, state, and federal requirements.
27. The right to use the Subject Parcel for Project
purposes is reserved to Grantor and its successors and assigns.
28. Grantee's use of the Subject Parcel shall not
endanger health, create a nuisance, or otherwise be incompatible
with the Project's overall recreational use.
29. Grantee shall, during construction, installation,
inspection, operation, maintenance, repair, replacement, and
removal of the Pipeline, take all necessary or reasonable
precautions available to project and enhance the environmental
values of the Project.
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30. The easements granted in this Easement Agreement,
unless otherwise specified herein, shall be perpetual and shall
be appurtenant to, burden, and run with the title to the Subject
Parcel. This Easement Agreemnt and the rights and obligations
set forth herein shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and
assigns.
GRANTEE TO HAVE AND TO HOLD the Easement granted in
this Easement Agreement so long as it may require for the
purposes set out in this Easement Agreement; provided, however,
that this Easement Agreement is made upon the condition that, in
the event Grantee shall abandon the Pipeline or any part of it,
or discontinue the use of the Pipeline, or take up and remove the
Pipeline or any part of it from the Subject Parcel at any time,
or in the event that Grantee fails to abide by the terms of this
Easement Agreement, then the rights granted to Grantee by this
Easement Agreement and all incident and appurtenant rights shall
t
revert to Grantor, its successors, and assigns.
:.
.,.
13
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IN WITNESS WHEREOF, each party has caused this Easement
Agreement to be executed on its behalf by duly authorized
representatives as of the date first above written.
VIRGINIA ELECTRIC AND POWER
COMPANY
By:
Vice President
Assistant Corporate Secretary
THE CITY OF VIRGINIA BEACH,
VIRGINIA
By:
City Manager
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- a
°I
EA8E2~IEY~lT l1GREEKLNT
FOR TER PIPELINE Fl1CILITIEB
THIS EASEMENT AGREEMENT is made this day of
1991, by and between VIRGINIA ELECTRIC AND
POWER COMPANY (Grantor), a Virginia public service
corporation, and THE CITY OF VIRGINIA BEACH, VIRGINIA
(Grantee), a municipal corporation of the Commonwealth of
Virginia.
wTTL~~~~~TH
WHEREAS, Grantor is a public service corporation
engaged in furnishing electric utility service in portions of
Virginia and North Carolina, and, as such, owns and operates
facilities for the generation and transmission of electricity
within those states, and others; and
WHEREAS, Grantee is incorporated under the laws of
the Commonwealth of Virginia and is charged with the
responsibility, among others, of providing a reliable water
supply to its residents; and
WHEREAS, Grantor is the owner of a certain parcel of
land located in Brunswick County, Virginia, more particularly
described below (the Subject Parcel), which is a portion of
the land acquired by Grantor for the Lake Gaston Reservoir
included in Federal Energy Regulatory Commission (FERC)
C11.9~
Project Number 2009 comprising the Roanoke Rapids
hydrogeneration facility and the Gaston hydrogeneration
facility (Project); and
WHEREAS, Grantee has proposed the construction,
operation and maintenance of a water supply pipeline from the
Pea Hill Creek area of Lake Gaston to Southeastern Virginia
for the purpose of withdrawing water from Lake Gaston to
serve the residents of Southeastern Virginia; and
WHEREAS, Grantee desires to install below the water
level in Lake Gaston two (2) intake screen arrays with two
(2) water conduits approximately sixty (60) inches in
diameter together with related equipment (the Facilities)
necessary for the withdrawing up to 60 million gallons of
water per day from Lake Gaston under and across the Subject
Parcel; and
WHEREAS, Grantor is willing to grant easements to
Grantee to situate and maintain the Facilities upon the
Subject Parcel, subject to the terms and conditions contained
herein.
NOW, THEREFORE, THE PARTIES AGREE:
THAT, for the sum of ONE DOLLAR (51.00), and other
good and valuable consideration, the receipt of which is
acknowledged, Grantor grants unto Grantee, subject to the
reservations, terms, and conditions set forth below, six
easements (the Easements) necessary to construct, operate and
maintain facilities necessary for the withdrawal of water
2
(~ 1192
through Facilities on the lakebed of the Subject Parcel being
shown as shaded areas adjacent to parcel number 001 on the
diagram labeled Attachment A attached to, and made a part of,
this Easement Agreement;
The Easements being granted are identified and
described as to the particular use permitted within each
easement, as follows:
E]~8 EliL~l'1' ]1
An easement across all that certain
piece or parcel of land, lying and being in
the County of Brunswick, Virginia, and
designated as "EASEMENT A" on that certain
plat of survey made by Rouse - Sirine
Associates, Ltd., Surveyors, Engineers,
Planners, dated October 26, 1990, and last
revised November 29, 1990, entitled "J. O.
7000-39 PEA HILL CREEK FERC LICENSE EASEMENTS
WORKSHEET LAKE GASTON WATER SUPPLY PROJECT
(CIP 5-964) FOR MAGUIRE ASSOCIATES INC.", a
copy of which Plat is attached hereto (the
"Plat"), and being more particularly bounded
and described in accordance with the Plat as
follows:
To find the point and place of
beginning, begin at a pipe found at Point 292
as shown on the Plat, which point is Northing
78146.94 and Eastinq 2187335.78 in the
Virginia Coordinate System, South Zone
9NAD1927); thence S. 82' S1' 14" W. a
distance of 95.58 feet to the POINT AND PLACE
OF BEGINNING; thence S. 24' 20' 36" E. a
distance of 38.68 feet to a point; thence S.
65' 39' 24" W. a distance of 15.00 feet to a
point; thence N. 24' 20' 36" W. a distance of
43.32 feet to a point; thence N. 82' 51' 14"
E. a distance of 15.70 feet to the POINT AND
PLACE OF BEGINNING; to install, inspect,
maintain, operate, repair, and replace four-
inch diameter drainpipe, including the right
to clear the area and to keep the area_clear
of any obstacles or impediments to the pipe.
3
(;1193
EJlB EKE~1T H
An easement across all that certain
piece or parcel of land, lying and being in
the County of Brunswick, Virginia, and
designated as "EASEMENT B" on the Plat and
being more particularly bounded and described
in accordance with the Plat as follows:
Beginning at Point 294 as shown on the
Plat, which point is Northing 77997.11
Eastinq 2187322.12 in the Virginia Coordinate
System, South Zone (NAp1927); thence S. 52'
50' 24" E. a distance of 16.00 feet to a
point; thence S. 24' 09' 36" E. a distance of
38.00 feet to a point; thence N. 60' 46' 38"
W. a distance of 39.70 feet to a point;
thence N. 22' 15' 11" W. a distance of 77.82
feet to a point; thence N. 78' 19' 07" E. a
distance of 56.00 feet to a point; thence S.
11' 40' 53" E. a distance of 78.64 feet to
the POINT AND PLACE OF BEGINNING; to clear
the area of brush and trees and limbs of 4
inches in diameter or less, and to clear the
area of trees and limbs in excess of 4 inches
in diameter with approval of the Project
manager, so as to maintain a view from the
City's facility manager's residence to the
.intake area described in Easement E, below.
EASEMENT C
An easement across all that certain
piece or parcel of land, lying and being in
the County of Brunswick, Virginia, and
designated as "EASEMENT C" on the Plat and
being more particularly bounded and described
in accordance with the Plat as follows:
Beginning at Point 287 as shown on the
Plat, which point is Northing 78266.32
Eastinq 2187010.90 in the Virginia Coordinate
System, South Zone (NAD1927); thence S. 14°
43' 51" W. a distance of 10.00 feet to a
point; thence N. 79° 48' 17" W. a distance of
50.16 feet to a point; thence N. 36° 05' 59"
W. a distance of 50.74 feet to a point;
thence N. 53° 54' Ol" E. a distance of 103.28
feet to a point; thence S. 43° 59' 29" E. a
distance of 87.89 feet to a point; thence S.
58° 53' 51" W. a distance of 73.22 feet to
4
0194
the POINT AND PLACE OF BEGINNING; to install,
inspect, maintain, operate, repair, and
replace a boathouse, boatramp, improved
access road, pier, drainpipes, and all
appurtenant facilities, including the righ*_
to clear and keep clear that portion of the
easement area above water level that is
required for access.
E718II4S1~1T D
An easement across all that certain
piece or parcel of land, lying and being in
the County of Brunswick, Virginia, and
designated as "EASEMENT D" on the Plat and
being more particularly bounded and described
in accordance with the Plat as follows:
Beginning at Point 285 as shown on the
Plat, which point is Northing 78407.29 and
Eastinq 2187042.21 in the Virginia Coordinate
System, South Zone (NAD1927); thence N. 57°
28' 36" W. a distance of 46.95 feet to a
point; thence along a curve to the right with
a radius of 200.00 feet, an arc length of
314.16 to a point; thence along a curve to
the right having a radius of 200 feet and an
arc length of (45.74 to a point); thence N.
44° 45' 26" E. a distance of 90.94 feet to a
point; thence along a curve to the right with
a radius of 200.00 feet, an arc length of
314.16 feet to a point; thence S. 21° 05' 49"
E. a distance of 214.35 feet to a point;
thence N.~75° 06' 29" W. a distance of 225.55
feet to a pipe found; thence S. 44° 45' 26"
W. a distance of 90.94 feet to a pipe found;
thence S. 33° 09' 31" E. a distance of 98.20
feet to a pipe found; thence S. 06° 57' 30"
E. a distance of 66.69 feet to a pipe found;
thence N. 81° 15' 09" W. a distance of 88.94
feet to a point; thence S. 66. 40' 51" W. a
distance of 81.80 feet to the POINT AND PLACE
OF BEGINNING; to install, inspect, maintain,
operate, repair, and replace a fish spawning
structure.
5
('~1~~ i
~ F.ASExarr a
An easement across all that certain
piece or parcel of land, lying and being in
the County of Brunswick, Virginia, and
designated as "EASEMENT E" on the Plat and
being more particularly bounded and described
in accordance with the Plat as follows:
Beginning at a pipe found at Point 289
as shown on the Plat, which point is Northing
78080.92 and Eastinq 2187026.79 in the
Virginia Coordinate System, South Zone
(NAD1927);~thence S. 84' 12' 09" E. a
distance of 15.20 feet to a point; thence S.
53' 54' 01" W. a distance of 394.70 feet to a
point; thence N. 36' 05' 59" W. a distance of
200.00 feet to a point; thence N. 53' 54' O1"
E. a distance of 407.37 feet to a point;
thence N. 05' 08' 10" W. a distance of 58.31
feet to a point; thence S. 89' 03' 25" E. a
distance of 144.52 feet to a pin found;
thence S. 58' 53' S1" W. a distance of 73.22
feet to a pin found; thence S. 14' 43' 51" W.
a distance of 108.84 feet to a pin found;
thence S. 24' 33' 09" E. a distance of 98.74
feet to the POINT AND PLACE OF BEGINNING; to
excavate, install, construct, inspect,
reconstruct, replace, maintain, operate,
repair, improve, and use intake screens,
water supply pipelines, and appurtenant
facilities, for the purpose of withdrawing up
to 60 million gallons of water per day from
Lake Gaston.
EASEMENT F
An easement across all that certain
piece of parcel of land lying and being in
the County of Brunswick, Virginia, and
designated as "EASEMENT F" on the Plat and
being more particularly bounded and described
in accordance with the Plat as follows:
Beginning at a pipe found located at
Point 284 and shown on the Plat, which point
is Northing 78439.67 and Fasting 2].87117.33
in the Virginia Coordinate System, South Zone
(NAD1927); thence S. 66' 40' S1" W. a
6
(~31~i6
distance of 81.80 feet to a pipe found;
thence S. 16~ 55' 09" E. a distance of 107.81
feet to a pin found; thence N. 89' 03' 25" W.
a distance of 95.00 feet to a point; thence
N. 18' 25' 14" E. a distance of 47.41 feet to
a point; thence N. 06' 03' 46" W. a distance
of 37.17 feet to a point; thence N. 33' 49'
46" E. a distance of 52.95 feet to a point;
thence N. 48' 45' 54" E. a distance of 63.44
feet to a point; thence S. 80' 35' 02" W. a
distance of 33.29 feet to a point; thence S.
31' S6' 05" E. a distance of 33.38 feet to
the POINT AND PLACE OF BEGINNING; (i) to
store dredge and fill material from the
installation of the Facilities temporarily
until the earlier of the completion by
• Grantee of the construction of the Facilities
or the termination of the Easements, (ii) to
use the area as a helipad, and (iii) to use
the area for ingress and egress to and from
areas designated herein as Easements C, D,
and E.
The Easements are granted subject to the following
terms and conditions:
1. Grantee shall use each Easement granted across
the Subject Parcel only in the manner expressly described
above for that easement and together for the purposes of
laying, constructing, installing, inspecting, operating,
maintaining, repairing, replacing, or removing Facilities to
be used for withdrawing water from Lake Gaston in conformity
with the Agreement for Compensation for Withdrawal of Water
from Lake Gaston between Grantor and Grantee dated
1991, attached hereto as Attachment H.
2. Nothing in this Easement Agreement shall give
Grantee or its contractors, employees, successors, or assigns
the right to place trailers, sheds, or other structures of
7
119`7
any nature, temporary or permanent, on or over the Subject
Parcel.
3. Grantee shall make no excavation of, nor permit
any excavation of, the Subject Parcel within fifteen (15)
feet of an existing transmission structure, guy wire, guy
wire anchor, or other structure or equipment of Grantor
unless specifically approved in writing by Grantor. Grantee
shall construct, install, inspect, operate, maintain, repair,
replace, and remove Facilities in a manner that will not
damage or endanger any facilities now or hereafter installed
by Grantor. Grantee shall not undermine any electric-line
pole, tower, or structure of Grantor on or adjoining the
Subject Parcel. Grantee will fill any excavations made by
Grantee, its agents, or employees, to the same elevations as
existed before the excavation, and shall continue to refill •
as necessary. All dredged or excavated material must be
removed entirely or else be moved to high ground and/or be
retained behind suitable retention structures in order to
prevent the excavated or dredged materials entering into the
water and creating excessive turbidity or erosion.
4. A minimum distance of fifteen (15) feet is to be
maintained between Grantor's electrical conductors and any
construction equipment used by or on behalf of Grantee.
5. Grantee shall not use, nor permit the use of, any
construction equipment or other equipment on the Subject
8
C' 3.298
Parcel having wire cables which, if broken, could come within
ten (10) feet of any electrical conductor.
6. All Facilities components shall be grounded
electrically in a manner satisfactory to Grantor, and Grantor
assumes no responsibility for electrical induction affecting
objects located on the Subject Parcel in connection with any
activity carried on pursuant to this Easement Agreement.
7. Grantee, and its contractors or agents, shall not
dispose of debris on the Subject Parcel or on any other
property of the Grantor.
8. Grantee shall not conduct, or permit to be
conducted, any blasting on the Subject Parcel unless blasting
is the only practical means of excavation for the
installation of Facilities. No underwater blasting is to be
done without prior written approval from the Department of
Game and Inland Fisheries. If blasting is required, minimum
explosive charges and matting shall be used to prevent damage
to Grantor's equipment and facilities, particularly Grantor's
electrical conductors. Grantee shall provide Grantor's
Director of Transmission Operations and Kaintenance, P. o.
Box 26666, Richmond, Virginia 23261 not less than five (5)
days advance actual notice of the proposed time of any
blasting to be performed on the Subject Parcel. The specific
time of blasting shall be set by mutual agreement of Grantor
and Grantee to enable Grantor to take portions of its
facilities out of service, if deemed necessary~by Grantor,
9
C119`~
because of the blasting to be performed by Grantee. Grantor
shall make reasonable efforts to respond promptly to
Grantee's notice.
9. Grantee shall reimburse Grantor promptly for
expenses incurred by Grantor to repair damage to Grantor's
property, equipment, or facilities, including but not limited
to buried facilities, resulting from, arising out of, or in
any way connected with the use of Subject Parcel by Grantee,
or the exercise by C3rantee of rights created by, or activity
undertaken pursuant to, this Easement Agreement.
10. Grantee shall indemnify and hold Grantor
harmless against all claims, costs, actions, damages, losses
including death, liabilities, and expenses including
reasonable attorneys' fees resulting from, arising out of, or
in any way connected with the use of Subject Parcel by
Grantee or the exercise by Grantee of any right created by,
or activity undertaken pursuant to, this Easement Agreement
to the maximum extent permitted by law; provided, however,
that Grantee shall not be required to indemnify or hold
Grantor harmless in the event such claims, costs, actions,
damages, losses, liabilities, or expenses result solely from
Grantor's negligence, gross negligence, or willful
misconduct.
11. Grantee shall construct, install, inspect,
operate, maintain, repair, replace, and remove the Facilities
in a safe manner and shall keep it in good repair at all
to
C11~. ~U
times. Tha Facilities shall at all times be in compliance
with all applicable requirements of tht Corps of Engineers,
the National Electrical Safety Code, the National Electrical
Code, and all applicable practices and requirements of ary
authority having jurisdiction in effect at the time of
construction, installation, inspection, operation,
maintenance, repair, replacement, or removal.
12. Subject to the rights granted herein Grantee
shall at all times conduct its activities on, and with
respect to, the Subject Parcel, including the construction,
installation, inspection, operation, maintenance, repair,
replacement, and removal of the Facilities, in a manner that
does not conflict or interfere with the use of the Subject
Parcel, or any other property in or over which Grantor has an
easement or other interest, by Grantor and its successors,
assigns, agents, and licensees.
- 13. Grantor reserves the right to make periodic
inspections of the manner in which Grantee is using the
Subject Parcel, the Facilities, and Grantee's other equipment
and facilities, including Grantee's agents' equipment and
facilities, both on the Subject Parcel and elsewhere.
Grantor shall have the right to enter and inspect Grantee's
Pea Hill Creek pumping facility, including the opportunity to
be present during the testing, calibration, and maintenance
of water metering devices and to inspect any records or
documentation pertaining to Grantee's use of same.
11
~ti{~ 1
:~:.
x
i•
i'
,.
14. Grantee shall not assign or grant by easement,
license, permit, or otherwise any rights, privileges, or
encroachments of any nature in, on, or with respect to the
Subject Parcel without the prior written approval of Grantor.
In no event shall an assignment by Grantee be effective until
the assignee notifies Grantor in writing of its acceptance of
the obligations and requirements under this Easement
Agreement. The obligations and requirements to which Grantee
is subject under this Easement Agreement shall be binding
upon all of Grantee's agents and upon all of Grantee's
permitted successors and assigns. Notwithstanding any other
provision of this paragraph 14, Grantor acknowledges that
Grantee may desire to transfer its rights hereunder to a
regional water authority. Grantor agrees that it will not
unreasonably withhold its consent to such transfer or
assignment.
15. To the extent it now or hereafter shall have the
right to grant such consent, Grantor hereby consents to the
withdrawal by Grantee from Lake Gaston of a quantity of water
not to exceed sixty million gallons per day. Grantee agrees
to cease withdrawing water from Lake Gaston when notified by
Grantor that such withdrawal would impair Grantor's ability
to meet minimum water release rates or minimum lake/reservoir
levels in Lake Gaston or Roanoke Rapids Reservoir now or
hereafter required by FERC or the United States Army Corps of
Engineers. Grantor will not be required to maintain water
12
Q~.tiO~
storage in Lake Gaston for the purpose of supporting
Grantee's withdrawal.
16. Grantor makes no representation or warranty, and
bears no responsibility, as to the existing or future water
quantity or quality in Lake Gaston or its sufficiency or
suitability as a municipal water supply for Grantee. Grantee
recognizes that maintenance or repair of Grantor's Lake
Gaston hydroelectric facility, including the dam, or a
failure of the dam or related structures, could result in
lake water level being drawn down to an elevation below that
at which the Grantee could operate the Facilities.
17. All notices, requests, demands, and other
communications required or permitted to be given by this
Easement Agreement shall be deemed to have been duly given if
in writing and delivered personally, or if sent by first
class, registered, or certified mail, postage prepaid, as
- follows:
If to City: City of Virginia Beach
Director of Public Utilities
Department of Public Utilities
Municipal Center
Virginia Beach, Virginia 23456
If to Company: Virginia Electric and Power
Company
Manager - Real Estate/Facilities
One James River Plaza
Post Office Box 26666
Richmond, Virginia 23261
with a copy to: Guy T. Tripp, III, Esquire
Huston & Williams
Riverfront Plaza - East
Post Office Box 1535
Richmond, Virginia 23212
13
(~3.2U3
;:,
,~ In the case of a change in mailing address, the party
changing its mailing address shall give notice to the other
~-
~~ party in a manner provided in this paragraph. In the absence
of any notice by either party, and except as otherwise
required by this Easement Agreement, communications mailed to
the addresses listed in this paragraph shall be deemed
sufficient for all purposes.
18. This Easement Agreement and any other agreement
referenced herein constitute the entire agreement between the
parties with respect to this subject matter and supersede all
prior and contemporaneous negotiations, covenants,
representations, agreements, and understandings of the
parties relating to this subject matter.
19. This Easement Agreement may be amended,
modified, superseded, or canceled, and any of its terms,
covenants, representations, or conditions may be waived, only
by a written instrument executed by the parties or, in the
case of a waiver, by or on behalf of the party waiving
compliance. The failure of any party at any time or times to
require performance of any provision shall in no manner
affect the right of the party to enforce that provision at a
later time. No waiver by any party of a condition, or of a
breach of any term, covenant, or representation, contained in
this Easement Agreement shall be deemed or construed to be a
further or continuing waiver of that condition or breach, or
k
14
n~Z~ )~
a waiver of any other condition or breach of any other term,
covenant, or representation.
20. Any ruling that one or more of the terms,
provisions, covenants, or conditions of this Easement
Agreement is void, invalid, illegal, or unenforceable in any
respect, shall not affect any other term, provision,
covenant, or condition of this Easement Agreement, but the
remainder of this Easement Agreement shall ba affective as
though the term, provision, covenant, or condition held void,
invalid, illegal, or unenforceable had never been contained
in this Easement Agreement.
21. In exercising the rights granted by this
Easement Agreement, Grantee shall act in accordance with the
laws of the Commonwealth of Virginia and of any other
governmental body, local, state, or federal, having
jurisdiction.
~~ 22. The Easements granted hereby are conditional
upon, and shall take effect only upon, the approval of FERC.
23. No toxic substances and/or hazardous wastes,
including those used in or generated as a result of the
construction, installation, inspection, operation,
maintenance, repair, replacement, and removal of Facilities,
shall be disposed of on the Subject Parcel, on any property
owned by Grantor, or on any property identified in this
Easement Agreement. Any toxic substances and/or hazardous
wastes used or generated shall be disposed of`~lsewhere in a
15
l~~ti~5
lawful and safe manner. Grantee shall report any spills or
leakage of toxic substances or hazardous wastes on the
Subject Pai`Zel to Grantor immediately and shall clean up the
spill or leakage pursuant to all applicable local, state, and
federal requirements.
24. The right to use the Subject Parcel for Project
purposes is reserved to Grantor and its successors and
assigns.
25. Grantee's use of the Subject Parcel shall not
endanger health, create a nuisance, or otherwise be
incompatible with the Project's overall recreational use.
26. Grantee shall, during construction,
installation, inspection, operation, maintenance, repair,
replacement, and removal of Pipeline, take all necessary or
reasonable precautions available to protect and enhance the
environmental values of the Project.
27. The easements granted in this Easement
Agreement, unless otherwise specified herein, shall be
perpetual and shall be appurtenant to, burden, and run with
the title to the Subject Parcel. This Easement Agreement and
the rights and obligations set forth herein shall be binding
upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
GRANTEE TO HAVE AND TO HOLD the Easements granted in
this Easement Agreement so long as it may require for the
purposes set out in this Easement Agreement; provided,
16
Ceti{)6
however, that this Easement Agreement is made upon the
condition that, in the event Grantee shall abandon Facilities
or any part of it, or discontinue the use of the Facilities,
for the purposes contemplated herein, or take up and remove
Facilities or any part of it from the Subject Parcel at any
time, or in the event that Grantee fails to abide by the
terms of this Easement Agreement, then the rights granted to
Grantee by this Easement Agreement and all incident and
appurtenant rights shall revert to Grantor, its successors,
and assigns.
IN WITNESS WHEREOF, each party has caused this
Easement Agreement to be executed on its behalf by duly
authorized representatives as of the date first above
written.
VIRGINIA ELECTRIC AND POWER
COMPANY
By:
Vice President
Assistant Corporate Secretary
THE CITY OF VIRGINIA BEACH,
VIRGINIA
By:
City Manager
17
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-9-
Item I-H.2.
ORDINANCES
TEEM # 38243
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Ordinance No. 93-2243N,
Pertaining to the Conservation of the Public Water Supply Pending
Completion of the Lake Gaston Pipeline Project.
Young: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker and Yce Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R Jones and Louisa M. Strayhorn
July I5, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE
2 NO. 93-2243N, PERTAINING TO THE CONSERVATION
3 OF THE PUBLIC WATER SUPPLY PENDING COMPLETION
4 OF THE LAKE GASTON PIPELINE PROJECT
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Ordinance No. 93-2243N, pertaining to the conservation of
8 the public water supply pending completion of the Lake Gaston
9 Pipeline Project, be, and hereby is, amended and reordained, and
10 shall read as follows:
11 Section 1. Declaration of Emergency.
12 There is hereby declared to exist within the City of Virginia
13 Beach an emergency arising out of a shortage of public water
14 supplies.
15 Section 2. Prohibition of new connections to the public
16 water supply system
17 Except as provided in Section 3 of this ordinance, there shall
18 be no new connections to the City water system until such time as
19 the Lake Gaston Pipeline Project, including its intake and
20 conveyancing facilities and their appurtenances, is substantially
21 complete.
22 Section 3. Exemptions.
23 Notwithstanding the provisions of Section 2 of this ordinance,
24 connections to the City water system will be allowed, but not
25 required, in the following cases if all other requirements of law
26 pertaining to such connections have been met:
27 (a) Lots abutting a City water main on February 11, 1992,
28 where the owner or his predecessor in title has directly
29 participated in paying the cost of constructing the main; provided,
30 however, that the total water demand resulting from development of
31 any such lot, as subdivided, shall not exceed the maximum potential
32 water demand which could result from the lawful development on the
33 lot of any permitted principal use, or combination of such uses, in
34 the zoning district in which such lot is located. The Director of
35 Public Utilities shall determine the water demand of any proposed
36 use, based upon the application of accepted engineering practices
37 and comparative water usage rates for similar uses;
38 (b) Lots upon which a proposed development is the subject of
39 an approved site development plan or an approved preliminary
40 subdivision plat as of the date of adoption of this ordinance,
41 where construction of the water distribution system serving such
42 development has commenced, or is bonded, in accordance with an
43 approved plan for such construction. Where construction or bonding
44 of a water distribution system serving only a portion of a
45 subdivision has commenced or occurred, this exemption shall apply
46 only to that portion;
47 (c) Publicly-funded residential neighborhood water projects,
48 or combined water and sewer projects, where construction of water
49 distribution systems is complete or has commenced or where the City
50 Manager determines, based upon reports, recommendations or other
51 information provided by the Department of Health, that there is a
52 significant hazard to the health and safety of the residents of
53 such a neighborhood by reason of the unavailability of City water;
54 (d) Public and other schools satisfying the compulsory
55 education requirements of Section 22.1-254 of the Code of Virginia,
56 public facilities for police, fire protection and emergency medical
57 services, and facilities of public service companies regulated as
58 public utilities under Title 56 of the Code of Virginia, where no
59 alternative supply is available;
60 (e) Residential neighborhoods served by privately-owned water
61 systems, where the City Council has determined, by resolution, to
62 acquire such systems; e-r
63 (f) Undeveloped lots, lawfully created prior to the date of
64 adoption of this ordinance, upon which construction has been
65 authorized pursuant to a valid building permit issued prior to the
66 date of adoption of this ordinance; provided, that this exemption
2
67 shall apply for only so long as such building permit remains in
68 effect; or
69 (g) Lots created by replatting subsequent to the vacation of
70 lot lines within a subdivision, where the lots platted are part of
71 an overall plan of development approved by the City Council prior
72 to February 11, 1992, and:
73 (1) The combined area of the new lots equals or is less
74 than the combined area of the original lots; and
75 (2) The vacation of lot lines was performed in order to
76 (i) bring such lots into conformity with zoning or
77 subdivision requirements, or (ii) to comply with
78 conditions attached by the City Council to
79 development plan approvals, including street
8o closures.
81 Section 4. Construction of water distribution systems.
82 (a) Except as provided in subsection (b), where public water
83 distribution systems or fire hydrants, or both, would be required
84 pursuant to Section 5.8 of the Subdivision Ordinance or Section 5
85 of the Site Plan Ordinance, or any similar successor ordinance or
86 requirement, but for the provisions of this ordinance, such water
87 distribution systems and fire hydrants shall be designed and bonded
88 but not constructed during the period this ordinance remains in
89 effect.
90 (b) At the option of the developer, water distribution
91 systems and fire hydrants may be constructed, subject to the
92 following conditions:
93 (1) Except as otherwise provided in this ordinance,
94 connections of individual lots to the City water
95 system shall not be permitted;
96 (2) The minimum allowable private well system for
97 individual l ots shall be a two (2) - inch single
98 pipe deep well ejector system which meets all
99 requirements of the Virginia Health Department;
100 (3) The Director of Public Utilities shall determine,
101 based upon sound engineering practices and
3
102 considerations of public safety, whether the water
103 distribution system shall be kept in service for
104 fire protection and system reliability only or
105 maintained in a dry condition;
106 (4) The developer shall be responsible for all work
107 required to obtain the City's final acceptance of
108 the system and all costs associated therewith,
109 including, but not limited to, flushing, testing,
110 repair, replacement, restoration, and inspection;
111 and
112 (5) A performance bond or other surety, in a form
113 satisfactory to the City Attorney and in an amount
114 no less than twenty (20) per cent of the total
115 construction cost of the water distribution system
116 shall be required. Such bond or other surety shall
117 remain in full force and effect until such time as
118 connection to the City water system is fully
119 integrated and the water distribution system is
120 accepted by the City.
121 Section 5. Deferral of neighborhood water projects.
122 Neighborhood water projects funded in the Capital Improvements
123 Program shall not be constructed during the period in which this
124 ordinance remains in effect except under the following conditions:
125 (1) A sanitary sewer project is scheduled for contemporaneous
126 construction or construction of the water distribution system only
127 provides fire protection or system reliability;
128 (2) The Director of Public Utilities shall determine, based
129 upon the application of sound and generally-accepted engineering
130 practices, whether the water distribution system is to be
131 maintained in a dry condition or placed in service for fire
132 protection or system reliability purposes only; and
133 (3) Except as otherwise provided in this ordinance,
134 connections of individual lots to the City water supply system
135 shall not be permitted.
4
136 Section 6. Prohibition of certain uses of the public
137 water supply.
138 In accordance with Section 37-21 of the City Code, the City
139 Manager is hereby authorized and directed to order the prohibition
140 of the following uses of the public water supply:
141 (a) Watering of shrubbery, trees, lawns, grass, plants or
142 other vegetation, except from a watering can or other container not
143 exceeding three (3) gallons in capacity;
144 (b) Washing of automobiles, trucks, trailers or any other
145 type of mobile equipment, except in facilities operating with a
146 water recycling system approved by the City, or except from a
147 bucket or other container not exceeding three (3) gallons in
148 capacity; provided, that any facility operating with an approved
149 water recycling system must prominently display, in public view, a
150 sign stating that such a recycling system is in operation;
151 (c) Washing of sidewalks, streets, driveways, parking areas,
152 service station aprons, exteriors of homes, apartments, commercial
153 or industrial buildings or any other outdoor surface, except from
154 a bucket or other container not exceeding three (3) gallons in
155 capacity;
156 (d) The operation of any ornamental fountain or other
157 structure making a similar use of water;
158 (e) The filling of swimming or wading pools or the refilling
159 of swimming or wading pools which are drained after the effective
160 date of the order;
161 ( f ) The use of water from fire hydrants for any purpose other
162 than necessary governmental operations; and
163 (g) The serving of drinking water in restaurants, cafeterias
164 or any other establishment, unless requested by the individual
165 being served.
166 Section 7. Conflicting, etc. ordinances.
167 (a) The provisions of Section 37-5(a) and (b) of the City
168 Code, pertaining to mandatory connections to the public water
169 supply system, are hereby suspended during the period this
170 ordinance remains in effect.
5
171 (b) In the event any other ordinance, resolution, regulation,
172 policy or standard of the City shall conflict, or be inconsistent,
173 with the provisions of this ordinance, the provisions of this
174 ordinance shall control.
175 Section 8. Severability.
176 The provisions of this ordinance shall be deemed to be
177 severable, and in the event one or more such provisions shall be
178 adjudged or declared to be invalid or unenforceable by a court of
179 competent jurisdiction, the remaining provisions shall be
180 unaffected thereby and shall remain in full force and effect.
181 Section 9. Transition provisions.
182 Notwithstanding the provisions of Section 3(b), connections to
183 the public water supply system shall be allowed where construction
184 plans for a water distribution system serving a development have
185 been approved on or before April 30, 1992, and one of the following
186 applies:
187 (a) Such plans are submitted on or before February 28, 1992
188 and pertain to portions of a development which is the subject of an
189 active, approved preliminary subdivision plat and construction of
190 the water distribution system serving such development commences or
191 is bonded by April 30, 1992;
192 (b) Such plans have expired and re-approval has been
193 requested, in writing, on or before February 28, 1992, and
194 construction of the water distribution system serving such
195 development commences or is bonded by April 30, 1992; or
196 (c) Such plans pertain to a development which is the subject
197 of a site plan which has been submitted as of the date of adoption
198 of this ordinance, where construction of such system commences or
199 is bonded by April 30, 1992.
200 Section 10. Conditional use permits.
201 No conditional use permit granted by the City Council shall
202 become void by reason of failure to commence the construction or
203 use authorized by such conditional use permit within the period of
204 time set forth in Section 221 of the City Zoning Ordinance, if such
205 failure is the result of the application of the provisions of this
6
206 ordinance to the property to which the conditional use permit
207 pertains. In such cases, use or construction in accordance with
208 the terms of the conditional use permit must commence within six
209 (6) months of the date upon which the property becomes eligible for
210 connection to the City water system or the conditional use permit
211 shall be void.
212 Section 11. Lots served by notable water wells.
213 The following requirements shall ap ply to all lots created
214 after July 15, 1994, except lots served b y the public water supply
215 system•
216 SaZ No lot located in a residential or apartment zoning
217 district shall contain less than forty thousand (40,000) square
218 feet of area unless the Director of Public Utilities finds that
219 the use of wells on smaller lots will have no adverse effect upon
220 the quality or quantity of groundwater within the proposed
221 subdivision or adZacent or nearby areas; and
222 ~_ No lot shall contain less than the minimum area required
223 by applicable provisions of the City Zoning Ordinance or ten
224 thousand (10,000) square feet, whichever is greater.
225 This ordinance shall supersede Ordinance No. 92-2243N, adopted
226 by the City Council of the City of Virginia Beach on June 22, 1993.
227 Adopted by the Council of the City of Virginia Beach on the
228 Fifteenth day of July, 1994.
1 CA-94-5649
2 /noncode/weoamd.orn
3 R-4
4 July 13, 1994
7
-10-
Item I-H.3.
ORDINANCES
ITEM # 38244
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council REQUESTED:
The Planning Commission to examine all City development regulations
concerning minimum lot size of lots served by wells to formulate
amendments as appropriate, and to forward its recommendation within
30 days.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker and Yce Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and Louisa M. Strayhorn
July 15, 1994
- 11 -
Item I-I.
ADJOURNMENT ITEM # 38245
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:10 A.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~•
~~~~ ------------ ------------------------
Ruth Hodges Smith, CMC/AAE Meyera E. Oberndorf
City Clerk Mayor
City of Vrginia Beach
Vtrginia
PRESS CONFERENCE FOLLOWED ADJOURNMENT OF CITY COUNCIL
July I5, 1994