HomeMy WebLinkAboutFEBRUARY 5, 1979
CITY OF VIRGINII BEIC
MUNICIPAL CENTER
"cW.%td', -C.%y..t City- VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g, CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K,.p,@ill@ B@,@@gb DONALD W. MERRICK, Ly@@b ... @ B@,@.gb
JOHN A. BAUM, BI.,k..,@, B.,..gh MEYERA E. OBERNDORF, At L.,,o
F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, P,i@,@,, A@.@ B .... gb
GEORGE R. FERRELL, A, L.,g, ROGER L. RIGGS, Vigi@i. B@.,b B.,.gb
BARBARA M. 14ENLEY, P.@g. B.@.gh RUTH HODGES SMITH, Cil, Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: MONDAY, 5 FEBRUARY 1979 - 1:00 p.m.
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS TO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Taxicabs
a. Recommendation for rate increase.
b. Recommendation to allow for change in financial
reporting procedure.
C. Resolution requesting that the Norfolk City Coun-
cil rescind Norfolk City Ordinances preventing Vir-
ginia Beach-bared taxicabs from picking up passengers
at the Norfolk International Airport.
2. The Virginia Beach Development Authority: Annual Report
to Council.
ITEM II FORMAL SESSION: MONDAY, 5 FEBRUARY 1979 - 2:00 p.m.
A. INVOCATION - Reverend David J. Anderson, Pastor, Kempsville
Presbyterian Church, Virginia Beach, Virginia.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF REGULAR PREVIOUS MEETING
1. Motion to accept/ approve the Minutes of 22 J muary 1979
E. RESOLUTIONS - NONE
F. PUBLIC HEARING - NONE
G. CONSENT AGENDA
(All matters listed under the Consent Aqenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separte discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.)
1. Letter from the City Manager recommending that City Council
authorize the installation of water lines in the 1100 and 1200
blocks of Acredale Road so that the lines can be installed prior
to paving for the sewer project. Sufficient funds to perform
this work are available in the Capital Improvements Prograrn.
tank and collector lines project no. 5-820 and the
acquisition of temporary and permanent easements of
right-of-way, either by agreement or by condemnation.
3. Letter from the City Manager recommending that City
Council approve an ordinance appointing viewers in
the matter of the petition of Booker T. and Lenora
Smith for the closure of a portion of Thompkins Lane
(Kempsville Borouqh).
4. Letter from the City Manaoer recommending that City
Council approve an ordinance ap
'pointing viewers in
the matter of the petition of the City of Virginia
Beach for the closure of a portion of Barberton Ave-
nue (Virginia Beach Borough).
5. Letter from the City Manager recommending that city
Council approve the following bingo and/or raffle
permits:
Raffle Resident/Patient Council
Camelot Nursing Home
Raffle Princess Anne Ruritan Club
Raffle Lambda Gamma Ornega Chapter
of AKA
Bingo/Raffle St. Matthews Catholic Church
(Renewal)
Bingo/Raffle Aragona Village Moose Lodge
#1198 Loyal C)rder of Moose
(Renewal)
6. Letter from the City klanager recommending that City
Council approve the request of Mr. John Atkinson, City
Treasurer, for tax refunds in the amount of $1,766.30.
H. PLANNING ITEMS
1. RECOMMENDATIONS
a. Letter from the City Manager transmitting the
request of National Beach Corporation for a
change of zoning on two parcels located at the
intersection of Holly and Pinewood Roads (Vir-
ginia Beach Borough), from R-3 Residential
District and R-1 Residential District to R-9
Residential Townhouse District. The requests
for a change of zoning from R-3 Residential
District to B-2 Community-Business District on
a 1.239-acre parcel and a change of zoning from
R-1 Residential District to B-2 Conmunity-Busi-
ness District on a 1.886-acre parcel were denied
by City Council on July 25, 1977. An appeal was
heard on August 24, 1978 in the Circuit Court, and
the Court ruled that Council acted properly in
denying B-2 Community-Business District, 0-1 Of-
fice District, or A-2 Apartment District zoning,
but that the existing single-family detached
zoning may not be appropriate and Council should
reconsider zoning the property based on the Court
decision.
b. Letter from the City Manager transmitting the re-
commendation of the Planning Commission for approval
of the application of Joseph M. and Clara V. Mattox
for a change of zoning from B-2 Cominunity-Business
District to 1-1 Light Industrial District on a 6.71
acre parcel located between Northampton Boulevard and
Shell Road, east of their intersection (Bayside Bor-
ouah). This item was deferred on January 15, 1979,
until this date.
C. Letter from the City Manager transmitting the denial
from the Planning Commission of the subdivision variance
for Richard G. Brydges. The appeal to that decision,
in accordance with Section 9.4 of the Subdivision Ordi-
nance, is before you today. This appeal was deferred
for sixty days on December 4, 1978.
d. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the petition of Henry A. Shook and Phyllis S. Shook for
closure of a portion of Hill Road (Lynnhaven Borough).
On January 22, 1979, City Council deferred this item
for two weeks until the question of adequate access to
a public street for the properties concerned could be
further investigated. It is the opinion of the Viewers
that closure of the subject portion of Hill Road will
not result in public inconvenience subject to the dedi-
cation of a 10-foot pedestrian access easement.
ORDINANCES
1. PLANNING - NONE
2. GRANTS - NONE
3. SECOND READINGS
a. Citv Council is requested to approve on second reading
an ordinance to accept a qrant totalling $60,000 from
the Division of Justice and Crime Prevention and to
appropriate these funds.
b. City Council is requested to approve on second reading
an ordinance establishing the tax levy on farm machinery
and implements, farm tools and livestock for the calen-
dar year 1979.
4. APPROPRIATTONS - NONE
5. CTTY CODE AMENDMENTS
a. Letter from the City Manager recommending ap
.proval of
an ordinance to amend and reordain Sections 34-8.1, 34-50
and 34-51 and add a new 34-50.1 of the Code of the City of
Virginia Beach relating to required financial information;
rates and charges.
J. ADDITIONAL ACTION ITEMS
a. Letter from the City Manager recommending approval of the
following ordinances pertaining to temporary encroachments
in the Croatan Beach area:
1. An ordinance to authorize a temporary encroachment into
a portion of the right-of-way of South Atlantic Avenue.
2. An ordinance to authorize temporary encroachments into
a portion of the right-of-way of Dare Drive.
3. An ordinance to authorize temporary encroachments into
a portion of the right-of-way of Vanderbilt Avenue.
4. An ordinance to authorize temporary encroachments into
a portion of the right-of-way of Surfside Avenue.
b. Letter from the City Manager recommending that all bids
received for the Seatack Area, Phase VI, Contract II, Sewage
Pumping Station be rejected and the project be rebid within
fourteen (14) days.
K. OLD BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
a. MOTION TO ADJOURN
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
5 February 1979
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in the
Conference Room, in the Administration Building, on Monday, 5 February
1 979, at 1 2:55 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
INFORMAL SESSION ITEM #13279
Mayor Standing entertained a motion to permit Council to conduct an
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur-
pose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body. (Personnel Matters).
2. Discussion or consideration of the condition,
acquisition or use of real property for publicly
held property. (Acquisition, use or disposition
of publicly held proper@).
- 2 -
On motion by Councilman Ferrell, seconded by Councilman Riggs, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
V o t i n g 11 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 -
ITEM #13280
Mr. Hanbury introduced Mr. Alfred W. Craft, Jr., Chairman of the
ch D.,,@l- ment Authorit -
City ir i a B@.
Mr. Craft presented to Council a report on the
Development Authority. He noted in the report
awlings and mpany, Certified Public Accountants, in which it
states..."The ability of the Authority to continue as a going concern
is related directly to its ability to obtain continuing financing from
the City of Virginia Beach or other sources." He noted that they were
a Development Authority and they started with no profit. He indicated
that the City of Virginia Beach had made numerous loans to the Authority
in support of their work. During 1978, the Authority paid off a Bank
debt of $300,000; Lynnhaven Mall situation closed; they began construction
on Sky Hawk Circle and hopefully, by the end of this week, they will
have all the property inside the circle completely sold.
Mayor Standing indicated that it was a brief report to summarize all
of the good things that the Authority has accomplished this year. He
noted particularly the Authority working with Industries to bring
them to this City.
Councilman Holland stated the job done by the Industrial Development
Authority was an almost impossible one. He indicated the Authority,
through its industrial development of the City, had afforded the
people of Virginia Beach a better tax rate and greater relief in the
years to come.
Mr. Craft presented the City of Virginia Beach a check in the amount
of $481,193.00 as full and final payment for the Airport Industrial
Park project.
(The report is on file in the City Clerk's Office)
ITEM #13281
Mr. Hanbury stated that there will be a Public Hearing during the
FORMAL SESSION today, February 5, 1979, regarding rate increases
for taxicab owners for the City of Virginia Beach. He noted that
in comparison to other Cities, he felt the rate increase was
justified.
Mr. Hanbury indicated that at the present time, a taxicab driver
can take a passenger from Virginia Beach to Norfolk Regional
Airport, but cannot return with a passenger to Virginia Beach from
the airport. He noted that only Norfolk taxicabs can take passengers
from the airport to the City of Virginia Beach. He indicated that
Norfolk has a special taxi squad to be used to check taxicabs in
violation of the City Ordinance. It is felt that this is a detriment
to both Cities and he would like to bring a Resolution to Council
requesting the City of Norfolk to amend its Code to allow Virginia
Beach taxi drivers to pick up passengers from the airport.
- 4 -
Mrs. Oberndorf referred to the proposed Amendment in regard to the
fees that would be charged to a passenger for having laundry bags
and groceries. She noted that Senior Citizens used taxicabs as a
mean s of t ran sportati on and this is a 50% in crea se to 90 .She
indicated that she did not understand the rationality of charging
persons for using laundry mats and grocery stores.
Mr. Hanbury indicated that he thought it was because of the services
rendered in comparison with services rendered in other Cities that
it is a competi ti ve price and they have req ues ted an in c rea se. He
stated that in the City's study they felt they were justified if
they had to handle grocery bags and so forth, and carry them upstairs
that 50cts was a reasonable charge.
Vice Mayor McCoy indicated that the Transportation Commission is using
the taxicabs for services for Senior Citizens. He asked the City
Manager if this service is what caused the request for a charge on
grocery bags and laundry bags?
Mr. Hanbury stated that to his knowledge that was not the case.
Taxicab drivers have requested price increases in other Cities.
Mrs. Oberndorf asked if the 50% increase was in the Presidential
guidelines, or are they not affected by that.
Mr. Hanbury indicated that the Presidential guidelines were on a
certain percent of their salaries.
Mayor Standing indicated that those persons requesting rate increases
would be at the Public Hearing and Council's questions could be
directed to them.
ITEM #13282
Mr. Hanbury indicated that the Legislators will be having a hearing
tomorrow on Senate Bill 804 which would expand the Board of Zoning
Appeals responsibilities in making decisions to an act of determining
simple hardships, and that he would bring this up under NEW BUSINESS
in the FORMAL SESSION.
(Due to the inaudibility of the tapes, discussion cannot be transcribed)
- 5-
FORMAL SESSION ITEM #13283
MONDAY, 5 February 1979
2:20 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Absent:
Meyera E. Oberndorf
INVOCATION was given by the Reverend Frank Costenbader, Kempsville
Presbyterian Church.
PLEDGE OF ALLEGIANCE
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(ITEM II-D.1) ITEM #13284
The Minutes of the previous meeting having been distributed to
Council for their consideration were accepted:
On motion by Councilman Ferrell, seconded by Councilman Riggs, City
Council voted to APPROVE the Minutes of the Regular Meeting of
22 January 1979.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 7 -
(ITEM II-E.1) ITEM #13285
COUNCILWOMAN OBERNDORF ENTERED COUNCIL CHAMBERS AT 2:24 p.m.
R E S 0 L U T I 0 N
WHEREAS, the Code of Virginia requires that in any
municipality which has enacted a Zoning Ordinance, there shall
be created a Board of Zoning Appeals; and,
WHEREAS, the Board of Zoning Appeals shall have the
power to authorize upon appeal in specific cases such variance
from the terms of the Zoning Ordinance as will not be contrary
to the public interest; and,
WHEREAS, an applicant to the Board of Zoning Appeals
for a variance must demonstrate that such variance will alleviate
a clearly demonstrable hardship approaching confiscation as
distinguished from a special privilege or convenience sought by
the applicant; and,
WHEREAS, all variances granted shall be in harmony with
the intended spirit and purpose of the Zoning Ordinance; and,
WHEREAS, Senate Bill No. 804 proposes to eliminate portions
of Section 15.1 of the Code of Virginia which would severely undermine
the basis upon which the Board of Zoning Appeals is to act in the
granting of variances; and,
WHEREAS, Senate Bill No. 804 would render the Board of
Zoning Appeals' decision making to an act of determining simple
hardship.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City
of Virginia Beach, that the Senate Committee on Local Government is
hereby requested to pass by indefinitely Senate Bill No. 804 since
it would severely weaken the ability of the Board of Zoning Appeals
to properly deal with variances presented to that body.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of February, 1979.
- 8-
Mr. Tazewell Hubard, representing the North Virginia Beach Civic League,
appeared in favor of this Resolution.
On motion by Councilman Ervin, seconded by Councilman Baum, City Council
voted to APPROVE a Resolution requesting the Senate Bill on Local
Government to pass by indefinitely Senate Bill No. 804 since it would
severely weaken the ability of the Board of Zoning Appeals to properly
deal with variances presented to the Body, and make sure it is
delivered in time for the Assembly meeting tomorrow, (February 6, 1979).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 9-
(ITEM II-H.l.c) ITEM #13286
COUNCILMAN MERRICK LEFT CHAMBERS AT 2:27 p.m.
On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City
Council voted to APPROVE WITHDRAWAL (as requested by Ed Hudgins,
Attorney for the applicant , of Th-e application of RICHARD G. BRYDGES
for an appeal of the decision of the Planning Commission for denial
of a subdivision variance.
Voting: 10-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
-10-
(ITEM II-F.1) ITEM #13287
COUNCILMAN MERRICK ENTERED CHAMBERS AT 2:33 p.m.
Requested by: City Manager
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 34-8.1, 34-50, and 34-51 AND
ADD A NEW 34-50.1 OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING TO
REQUIRED FINANCIAL INFORMATION;
RATES AND CHARGES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 34-8.1
Every person applying for a Certificate of Public Convenience
and Necessity shall include a Statement of Assets and Liabilities, and
a Statement of Income and Expenses, including detailed information of
operating revenues, specifically the item gross fare revenue, and
expenditures and a Statement of Changes in financial position with
the provision that any income or expenses which have been allocated
from a related, controlled or affiliate entity must be disclosed or, in
the event that such applicant at the time of application has not been in
operation for a full fiscal year, then for such period of time that
the applicant has been in operation or, in the event that such applicant
has not previously been in operation, then a beginning statement of
assets and liabilities and a statement of income and expenses and a
statment of changes in financial position, estimated for the fiscal
year period subsequent to the time of application.
All financial statements required by this Section shall
be prepared in accordance with financial forms prepared * the
Director of Finance and approved by the City Manager.
ARTICLE VI, Taximeters and Fares
Division 1, Rates and Charges
SECTION 34-50. Definitions
For the purpose of this Article, the following words
and phrases shall have the meanings respectively ascribed to them
by this Section:
Waiti me; The terni "wai ing time' shall include
the tiiiie consumed while the taxicab is stopped or moving at a speed
less than twelve ( 2) niiies per hour. "Waiting time" shall al@o
include the time when a taxicab is not in motion,
time of arrival at the place to which it is called. There shall be
time-ConsuRied by the preniature response to calls, or the inefficiency
of the taxicab or ts operation.
Section 34-50.1. Maximum rate of fare for taxicab; fare increases:
No person ownina. operating, cont driving a
taxicab within th n aniount to exceed the following
rates and charqes for fare:
(a) For the first one-seventh mile or
fraction thereof $0 . 90
(b) For each succeeding one-seventh mile
or fraction thereof 0.10
(c) Truck charge 0 - 50
(d) For each minute of waitin ime 0.15
(e) If hired on an hourly basis, the rate of
ine Doll@
apply
Provided, that taxicabs bringing passengers into this
City from without shall charge the rates prescribed by the City or
County in which they are licensed.
Any application for a fare increase under this Section
shall include justification for such fare increase and such financial
and operating inforniation as rtiay be requested by the City Manager. City
Council shall hold a Public Hearing before acting on any such application
for a fare increase after Public Notice for at least ten (10) days.
- 1 2 -
Section 34-50.2. Employment for most direct route: use of toll facilities.
Every driver of a taxicab shall transport each passenger from
the place the passenger is received in the taxicab to the destination of
the passenger by the most direct route. When such route requires the
use of a toll facility, the driver shall transport the passenger by
way of the toll facility when the passenger agrees to pay the toll
charge incurred with respect to the trip.
Section 34-51. Charge for taxicab waiting time.
No person owning, operating, controlling or driving a taxicab
shall charge an amount to exceed Nine Dollars per hour for waiting time.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of February, 1979.
- 1 3 -
Cassandra Barnes appeared in opposition to the Taxicab Ordinance
(particularly fees for grocery bags and laundry bags)
Irvin Douglas appeared regarding this Ordinance
Mr. Herbert R. Dise, owner of Yellow Taxi Cab and Diamond Taxi Cab
Companys, appeared regarding this Ordinance.
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the schedule of increases and the trunk rates
as noted in an Ordinance to amend and reordain Sections 34-8.1, 34-50,
34-51 and add a new Section 34-50.1 of the Code of the City of Virginia
Beach relating to required financial information, rates and charges
for taxicabs.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 4-
(ITEM II-G.1) ITEM #13288
On motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to APPROVE authorization to the City Manager for
installation of water lines in the 1100 and 1200 Blocks of Acredale
Road so the lines can be installed prior to paving for the sewer
project. Sufficient funds to perform this work are available in
the Capital Improvements Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 5-
(ITEM II-G.3) ITEM #13289
ORDINANCE APPOINTING VIEWERS
WHEREAS, Booker T. Smith and Lenora Smith have given due
and proper notice, in accordance with the Statutes for such cases
made and provided that they will on the Fifth day of uar , 1979,
apply to the City Council of the City of Virginia Beach, Virginia,
for the appointment of Viewers to view the below-described property
and report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that certain
street 20 feet in width, and has filed such application with said
Council .
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT C. Oral Lambert
Robert J. Scott
David M. Grochmal
are hereby appointed to view the below-described property and report
in writing to the Council on or before March 26, 1979, whether in their
opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street located
in the City of Virginia Beach, Virginia, and more particularly
described as follows:
Beginning at a point on the Eastern side of Thompkins
Lane in the City of Virginia Beach, Virginia, which
said point of beginning is 87.06 feet Southerly from
a pin at the Southeastern intersection of Thompkins
Lane and an unnamed street shown on that certain survey
entitled "Survey of Property of Booker T. Smith,"
dated August 28, 1978; from said point of beginning
running North 47@ 26' 14" East 139.21 feet to a point
in the Southerly side of said unnamed street; thence
North 850 35' 41" East 32.37 feet to another point
in the Southerly side of said unnamed street; thence
South 47' 26' 14" West 186.17 feet to a point in the
Easterly side of said Thompkins Lane; thence North
4@ 31' 14" East 29.37 feet along the Easterly side of
Thompkins Lane to the point of beginning; all as more
particularly shown, designated and described on the
aforesaid survey.
All the above as shown upon that certain plat entitled,
"Survey of Property of Booker T. Smith" dated August 28, 1978.
- 1 6-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
LANE OR STREET, KNOWN AS THOMPKINS LANE,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"SURVEY OF PROPERTY OF BOOKER T. SMITH"
DATED AUGUST 28, 1979, WHICH SURVEY IS
ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBER OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioners, Booker T. Smith and Lenora Smith,
respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the petitioners apply for the
vacating, closing, and discontinuance of a portion of that certain
street, which is more specifically described as follows:
Beginning at a point on the Eastern side of Thompkins
Lane in the City of Virginia Beach, Virginia, which
said point of beginning is 87.06 feet Southerly from
a pin at the Southeastern intersection of Thompkins
Lane and an unnamed street shown on that certain survey
entitled "Survey of Property of Booker T. Smith,"
dated August 28, 1978; from said point of beginning
running North 470 26' 14" East 139.21 feet to a point
in the Southerly side of said unnamed street; thence
North 85' 35' 41" East 32.37 feet to another point
in the Southerly side of said unnamed street; thence
South 47' 26' 14" West 186.17 feet to a point in the
Easterly side of said Thompkins Lane; thence North
4@ 31' 14" East 29.37 feet along the Easterly side of
Thompkins Lane to the point of beginning; all as more
particularly shown, designated and described on the
aforesaid survey.
Said parcel of land being a portion of Thompkins Lane, as
indicated on that certain plat entitled, "Survey of Property of
Booker T. Smith" dated August 28, 1978, which survey is attached
hereto and made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the petitioners pray that this Honorable Council appoint
Viewers as provided by law to view said platted street proposed to be
closed and to report in writing to the Council on or before the
TwOnty- ix@th day of March, 1979, as to whether in the opinion of said
- 1 7-
Viewers, what inconvenience, if any, would result from the discontinuance
and closing of this portion of said street, as herein reported and
described.
3. That on the day of January, 1979, Notice of the
presenting of this Application was posted at the Courthouse of the
Circuit Court of Virginia Beach, Virginia, on the premises to be
closed, and at the City Hall Annex, 19th Street and Arctic Avenue,
Virginia Beach, Virginia, as evidenced by the Affidavit attached
hereto, and a copy of said Notice.
4. That the Petitioners are fee simple owners of all land
along and adjacent to and affected by said portion of the platted
street to be closed and consequently, your Petitioners are the only
landowners affected by the same.
Respectfully submitted,
BOOKER T. SMITH
LENORA SMITH
By /s/ Thomas M. Ammons, III
Of Counsel
Thomas M. Ammons, Ill
968 South Oriole Drive
Suite 203
Virginia Beach, Virginia 23451
- 1 8-
On motion by Councilman Ferrell, seconded by Councilman Holland, City
1, @id
@@r@l'o@ o@ I'@
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
- 1 8-
On motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to APPROVE the Ordinance appointing Viewers in the
matter of the petition of Booker T. and Lenora Smith for the closure
of a portion of Thompkins Lane, in the Kempsville Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 9-
(ITEM II-G.4) ITEM #13290
ORDINANCE APPOINTING VIEWERS FOR CLOSING,
VACATING AND DISCONTINUING A PORTION
OF BARBERTON AVENUE, VIRGINIA BEACH BOROUGH,
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the City of Virginia Beach has given due and
proper Notice, in accord with the Statutes for such cases made and
provided, that it would, on this day, apply to the City Council of the
City of Virginia Beach, Virginia, for the Appointment of Viewers to
view the below-described property, and report in writing to the
Council whether, in the opinion of said viewers, any, and if any,
what inconvenience would result from the discontinuing of the hereinafter
described portion of Barberton Avenue situate in the City of Virginia
Beach, Virginia, and has filed such application with said Council;
a n d ,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT C. Oral Lambert
Robert J. Scott
David M. Grochmal
are hereby appointed to view the below-described property, and report
in writing to the Council on or before whether in
their opinion any, and if any, what inconvenience would result from
the discontinuing, closing and vacating of that certain portion of
Barberton Avenue, situate in the City of Virginia Beach, Virginia, and
described as follows:
All that certain portion of Barberton Avenue, containing
0.606 acres, as is shown and designated by the area out-
lined in red on that certain plat entitled, "Plat Showing
40 ' Util ity Ea sement To Be Conveyed By Min n ie Pro perties ,
Incorporated, to the City of Virginia Beach," which is on
file in the Department of Public Works, Real Estate
Division, of the City of Virginia Beach, and is further
described as follows:
Beginning at a point, said point being the South existing
right-of-way line of Route 58 (Laskin Road), and the East
right-of-way line of existing Barberton Avenue from a
point thus established S 24@ 32' W a distance of 669.29
feet to a point; thence along a curve to the left having a
radius of 325 feet a distance of 182.66 feet, to a point;
thence North 24@ 32' E a distance of 456.71 feet to a
point on the South existing right-of-way line of Route 58
(Laskin Road); thence N 83@ 14' E a distance of 58.51 feet
to the point of beginning.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of February, 1979.
- 20 -
On motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to APPROVE the Ordinance appointing Viewers in the matter
of the petition of the City of Virginia Beach for the closure of a
portion of Barberton Avenue, Virginia Beach Borough.
Voting : 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
(ITEM 11-G.5) ITEM #13291
On motion by Councilman Ferrell, seconded by Councilman Holland,
City Concil voted to APPROVE the Bingo/Raffle Permits:
Raffle Re s i dent /Pati ent Coun c il
Camel ot Nursing Home
Raffle Princess Anne Ruritan Club
Raffle Lamda Gamma Omega Chapter
of AKA
Bingo/Raffle St. Matthews Catholic Church
(Renewal)
Bingo/Raffle Aragona Village Moose Lodge #1198
Loyal Order of Moose
(Renewal)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy , Jr. , Donal d W. Merrick ,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 2 -
(ITEM II-G.6) ITEM #13292
on motion by Coun c il man Ferre l 1 , seconded by Counc ilman Hol I and , City
Council voted to APPROVE the request of Mr. John T. Atkinson, City
Treasurer, for tax refunds in the amount of $1,766.30.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
23- m ',c
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1/11/79
1,1'1'Ll(:A'@iO@; O[' C:l@l@
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Hull, Martha R. 11979 RE(I/ )03340-6 llnl2Ol@7P '8.30
Whiteliurst, W. G. 11979 RE(I:/ )72971-0 ILl.17/78 37.41
Pauley,G.D. & E.C. 11976 RE(2/ )46987-9 12/5/@-16 47.85
Pauley,G.D. & E.C. 11977 RE(6m )48598-5 6/1.0/77- 24.75
Kirigs Grant West '1979 RE(l/ )37633-3 10120/78 4.00
Joyner, C.A. & M. 1976 RE(2/ )32499-0 12/71 ' '7t- ',4.50
Joyner, G.A. & M. 1976 RE(l/ )32499-0 6/10/76 8.@o
Joyner, G.A. & M. 1977 RE(6m )33102-6 6/1.01'7 ii.@o ,
'@Kapos, Denis 1977 RE(6m )33335-5 16/11/2/ 1.4.00
t4ills, dames 1979 RE(I/ )74084-0 10;'23/78 -24.63
.Wllitehurst, Jesse 1979 RE(I/ )72910-4 lo/lp!-16 50.40
Hodgii-t, K.S. & B.D. 1979 RE (-l / )3171,0@2 li@!6/78 15-@-33
-Rodgers, H. & V. 1977 RE(6rr )53309-5 6/10/77 -10.75-
.Rodgers, R. & V. 1978 RF,(2/ )54853..2 5/1.2/78 21.7-6
Pleishman, G..J. 1975 RE(I/ )19427-5 1.' /10/,15 10.180r
-Fleishman, G.J. 1976 RE(Z/ )20212-1 6/10/76 13.-06
-/7 6 1.0
Fleishman,l G.J. 1976 RE(l/ )20213-0 6/1.b @44-
Fleishman,, G,J, 1.97@7 RE(6c@i-)2071:3-4 5. n
-Fl.eishiran, G.J. 1977 RE(6r@i3)2071@2-5 (i/8/7' 6.60
Seay, Carlton 1979 RE(1/2)60483-6 427.78
Dellinger,& Kissel 1979 RE(1/2)17821.-7 .12/4./'!8' 60.58
Landwalk Realty 1979 RE(],/?)39282@-3 12!5/',Ig 626.40
Ilardy'.9 Inc. 1977 PP l@0,81427 10/20177 21.42
Morgan, D.E. & A.1, 1978 PP 114434 10/1@9@'78 5.4b
Martinez, Betitlt-o 1978 PP 1.17428 It)/30/78 5.40
Carson,-R.F. & N.B 1978 PP 15294 6/1/78 108.00
Hayes, Keritieth 1976 pp 119961 11/9 ' /-/8 27.66
Manuel, Karen 1978 pp 116459 1(1/25@@78 5.40
Heritagii Corp. 1979 RE(I,/2)30817-6 11-/4/78 48.00
Heri.tage Corp. 1979 RE(112)30818-5 11/4178 48.00--
Heritage Corp. 1979 RE(1/2)30819-4 l@1/4!!8 (48.00
The z!brv abat:e.-@ent(s) zi
-ere OPPro-,,ed by
7 6 6. 3 0 -
the Couri Cf tbe cit--y ol- 'Virgicilz!
-i th@ 5 d@iy o-, _Fe r@r
Beach u.
T. X@
tpprovecl is to form:
Ruth Hodges S,ithCity Clerk
ct4
i(kle Ilimson, ty Attorpey
- 24 -
(ITEM II-G.2) ITEM#13293
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR ROSEMONT ROAD WATER STORAGE TANK AND
COLLECTOR LINES PROJECT NO. 5-820 AND THE
ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT-OF-WAY, EITHER BY
AGREEMENT OR BY CONDEMNATION
WHEREAS , in the opin ion of the Coun c il of the C ity of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important project to provide water services
and for other public purposes for the preservation of the safety,
heal th , peace, good or de r , con venience, moral e and we l f are of the
people of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRG IN IA BEACH, V IRG IN IA :
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Section 15.-236, et seq., and Section 33.1-89, et seq., Code of
Vi rg in ia of 1 950 , as amended , al 1 that cer tain real proper ty in fee
simple including temporary and permanent easements of right-of-way
as may be necessary as shown on the Plan, marked in red, and entitled:
"Rosemont Road Wa te r Storage Tan k and Col I ec tor L ines , Proj ec t No .
5-820," these plans being on file in the Office of Real Estate,
Department of Public Works, Virginia Beach, Virginia, a copy of which
is attached hereto.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made in behalf of the City of Virginia Beach,
to the extent that funds are available, a reasonable offer to the
owners or persons having an interest in said lands, if refused, the
City Attorney is hereby authorized to institute proceedings to
condemn said property.
Section 3. That an emergency is hereby declared to exist
and this Ordinance shall be in force and effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of February, 1979
- 2 5-
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City
Council voted to APPROVE the Ordinance authorizing the acquisition
of property in fee simple for right-of-way for Rosemont Road water
storage tank and collector lines Project No. 5-820, and the
acquisition of temporary and permanent easements of right-of-way,
either by agreement or by condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 6 -
(ITEM II-H.I.a) ITEM #13294
Attorney H. Calvin Spain appeared in behalf of the applicant.
Mr. Tim Barrow, Consultant for National Beach Corporation,
appeared in favor of this application
The following appeared in opposition:
Attorney Grover C. Wright
Louis Allen
A motion was made by Councilman Riggs, seconded by Councilman
Merrick to DENY the applications of National Beach Corporation
for a Change of Zoning District Classification from R-3 Residential
DistriCt to R-9 Residential-Townhouse District, and from R-1
Residential District to R-9 Residential-Townhouse District; and,
further, APPROVE a Change of Zoninq District Classification from
R-1 Residential District to R-3 Residential District in or er to
comply with the remainder of the lots in the area. The applicant
being opposed to the Change of Zoning from R-1 Residential District
to R-3 Residential District, Councilman Riggs made a motion,
seconded by Councilman Merrick, to DENY the applications, leaving
the existing zoning as it now is.
Petition of National Beach Corporation for a Change of Zonin trict
Classification from R-1 Residential District to A-3 Apartment District
on certain property located on the North side of Pinewood Road
beginning at a point 270 feet West of Holly Road, running a distance
of 238.14 feet along the North side of Pinewood Road, running a distance
of 562.49 feet along the Western property line, running a distance of
55 feet along the Northern property line and running a distance of
500 feet al on g the Ea stern property 1 ine. Said parcel contains
1.886 acres. (Linkhorn Park Area). VIRGINIA BEACH BOROUGH.
Petition of National Beach Corporation for a Change of Zoning District
Classification from R-1 Residential District to B-2 Community-Business
District on Ee-rtain property located on the North side of Pinewood Road
beginning at a point 270 feet West of Holly Road, running a distance of
238.14 feet along the North side of Pinewood Road, running a distance
of 562.49 feet along the Western property line, running a distance of
55 feet along the Northern property line and running a distance of 500
feet along the Eastern property line. Said parcel contains 1.886 acres
(Linkhorn Park Area). VIRGINIA BEACH BOROUGH
Petition of National Beach Corporation for a Change of Zoning District
Cl a ss if icat ion from R- 3 Re s ident ia 1 D i str ic t to B- 2 Commun ity-Busine ss
District on certain property located at the Northwest intersection of
Holly Road and Pinewood Road, running a distance of 270 feet along the
North side of Pinewood Road, running a distance of 200 feet along the
Western property line, running a distance of 210.10 feet along the
Northern property line and running a distance of 209.91 feet along
the West side of Holly Road. Said parcel contains 1.239 acres.
(Linkhorn Park School). VIRGINIA BEACH BOROUGH.
2 / 5/ 7 9
2 7-
V o t i n g I 0 - 1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrel I , Barbara
M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Patrick L. Standing
Council Members Voting Nay:
Clarence A. Holland
Council Members Absent:
None
- 28-
(ITEM II-H.l.b) ITEM #13295
COUNCILMAN RIGGS LEFT CHAMBERS AT 5:00 p.m.
Attorney Joseph Lawler appeared in behalf of the applicant and
Raleigh Linen Service
Mr. Harold Gallup appeared regarding this application
The following appeared in opposition:
Mrs. Joyce Kramer, representing Unity Church of
Tidewater
Attorney Michael E. Bowerman, representing the
area residents
On motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to APPROVE the following Ordinance upon application
of Joseph M. and Clara V. Mattox for a Change of Zoning District
Classification from B-2 Community-Business District to I-1 Light
Industrial District; and, further, delete the stipulation of septic
tank use and by regulating the traffic at this site by stating that
all ingress and egress of trucks to this site will be near the
intersection of Diamond Springs and Northampton Boulevard, and if
the property in question is never used or abandoned within five
(5) years by Raleigh Linen Service, it be referred back to B-2
on the motion of this Council (to be recorded in the Clerk of
Circuit Court's Office):
Voting: 7 - 3
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., J. Curtis Payne, and Mayor
Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, Donald W. Merrick, and Meyera E.
Oberndorf
Council Members Absent:
Roger L. Riggs
- 2 9-
ORDINANCE UPON APPLICATION OF JOSEPH Z0279410
M. AND CLARA V. MATTOX FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
B-2 COMMUNITY-BUSINESS DISTRICT TO 1-1
LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Joseph M. and Clara V. Mattox
for a Change of Zoning District Classification from B-2
Community-Business District to I-I Light Industrial District
on certain property beginning at a point 1000 feet more or
less Northeast of the intersection of Shell Road and Northampton
Boulevard, running a distance of 732.22 feet along the South side
of Northampton Boulevard, running a distance of 875.90 feet along
the Eastern property line, running a distance of 424 feet along
the North side of Shell Road and running a distance of 453.10 feet
along the Western property line. Said parcel contains 6.71 acres.
BAYSIDE BOROUGH.
Approval is subject to the following conditions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessary along Shell
Road; this includes pavement widening, curb and gutter,
sidewalk, drainage facilities, and street lights.
4. Adequate planted buffer, to be determined at time of
Site Plan review, will be provided along all adjacent
residential property line.
5. A dedication of right-of-way 30 feet from the centerline
of the existing 50-foot right-of-way along the 424 foot
frontage on Shell Road, (a 5-foot dedication).
6. Ingress and egress of trucks to this site will be near
the intersection of Diamond Springs Road and Northampton
Boulevard to regulate the traffic.
7. This property, upon motion by this Council, will be
referred back to B-2 Community-Business District if
this property is never used and/or abandoned within
five (5) years by Raleigh Linen Service. (To be
recorded in the Clerk of Circuit Court's Office.)
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of February, 1979.
- 30 -
(ITEM II-H.I.d) ITEM #13296
ORDINANCE NUMBER
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT
CERTAIN STREET OF VARIABLE WIDTH KNOWN AS HILL ROAD, LOCATED
IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
AS SHOWN ON THAT CERTAIN SURVEY ENTITLED, "SURVEY OF HILL ROAD
AS SHOWN ON PLAT ENTITLED 'LAKE SHORE PARK', VIRGINIA BEACH,
VIRGINIA", WHICH IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN
MAP BOOK I AT PAGE
WHEREAS, it appearing by affidavit that proper notice has been
given by HENRY A. SHOOK and PHYLLIS S. SHOOK, that they would make
application to the Council of the City of Virginia Beach, Virginia, on
January 22, 1979, to have the hereinafter described street discontinued,
closed and vacated; and,
WHEREAS, it is the judgment of the Council that said street be
discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed
and vacated:
Hill Road beginning at a point which is located with
respect to the intersection of the northern right-of-
way line of Bay Colony Drive (formerly Sunset Shores
Parkway), and the western lot line of Lot 1 as shown
on the plat entitled "Division of Sites 3, 4, and 5
located in Lake Shore Park, Princess Anne County,
Virginia, Made For Watts Hill, Scale 1" = 50', August
3, 1950" and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 115, at page 22 as follows: From said point
of intersection along the said northern right-of-way line
of Bay Colony Drive South 89@ 24' East for a distance
of 109.10 feet to a point which is the true point of
beginning; and from said point of beginning to the left
along the arc of a curve having a radius of 25.00 feet for
an arc distance of 39.27 feet to a point in the western
right-of-way line of Hill Road; thence along said western
right-of-way line of Hill Road North 00@ 36' East for a
distance of 125.00 feet to a pipe; thence North 12' 47' East
for a distance of 236.7 feet, more or less, to a pin in the
shore line of Crystal Lake ("first shore line pin"); thence
in a generally southeastern direction along the shore line
of Crystal Lake to a pin ("second shore line pin") in the
eastern right-of-way line of Hill Road, which second shore
line pin is located with reference to the first shore line