HomeMy WebLinkAboutOCTOBER 29, 1996 MINUTESCity of Virginia F cach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E, OBERNDORF, At-Large
VICE, MAYOR WILLIAM D. SESSOMS, JR., At. Large
JOHN A, BAUM. Blachw~ler Borough
LIN~VOOD 0 BRANCH Ill, Virginia ~arh ~ugh
WILLIAM W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Baysid~ Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At-Large
LOUISA M. STRA YHORN, Kempsville ~orough
]AMES K. SPORE, City Manage~
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC / AAE, City Clerk
CITY COUNCIL AGENDA
October 29, 1996
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
17571 427.4303
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
2:30 PM
ae
CITIZEN SATISFACTION SURVEY
Nanci Glassman, Continental Research
Be
1997 LEGISLATIVE PACKAGE
Robert R. Matthtas, Assistant City Manager
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
4:30 PM
ae
Be
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Richard J. Keever
Bayside Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
INFORMAL & FORMAL SESSIONS -
SPECIAL FORMAL SESSION/PUBLIC HEARING -
October 8, 1996
October 23,1996
G. AGENDA FOR FORMAL SESSION
N. MAYOR'S PRESENTATIONS
CHESAPEAKE BAY COMMISSION AWARD FOR "INNOVATIVE GOVERNMENT"
Mary M. Heinricht, Coordinator, SAVE
(Southeastern Association for Virginia's Environment)
To: Louis E. Cullipher, Director, Agriculture
PROCLAMATION
a. BOY SCOUTS OF AMERICA
TIDEWATER COUNCIL CRIME PREVENTION WEEK
October 28 - November 3, 1996
PUBLIC HEARING
1. AGRICULTURAL RESERVE PROGRAM (ARP)
J. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
K. ORDINANCES
Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements and the issuance by the City of its
contract obligations:
Alvah L.Dawley, W. Arnold Dawley and Patsy D. Flora
Installment Purchase Agreement No. 1996-1 - $2,467,500
Anne F. Or·gory and Katie F. Flanagan
Installment Purchase Agreement No. 1996-2 - $ 274,093
Ordinance to ACCEPT and APPROPRIATE a $28§,000 Grant from the
Virginia Department of Economic Development, Division of
Tourism, to the Convention and Visitor Development FY 1996-
1997 Operating Budget re a Regional Infomerolal, Canadian
Market Advertising Program and "Per Inquiry" Telev~sion
Advertising Program; and, adjust estimated revenues
accordingly.
Ordinance to APPROPRIATE $122,541 in the Sheriff's
Department's FY 1996-1997 Operating Budget for salary and
operating expenses re additional positions authorized by the
Virginia Compensation Board; increase estimated revenue for
reimbursement from the Commonwealth by $93,297; and, TRANSFER
829,244 from the General Fund Reserve for Contingencies for
grant matches.
Ordinance to ACCEPT and APPROPRIATE 8113,593 from the
Commonwealth of Virginia to the Office of the Commonwealth's
Attorney re additional positions to provide Domestic Violence
Prosecution; increase estimated revenue from the State by
$83,877; and, TRANSFER 829,716 from the General Fund Reserve
for Contingencies for grant matches.
Se
Ordinance to ACCEPT and APPROPRIATE an additional 817,000 in
Federal Grant Funding to the FY 1996-1997 Mental Health-Mental
Retardation-Substance Abuse (MHMRSA) Operating Budget re
continuation of the Community Services Board respite program
for families of children with disabilities; and, increase
estimated revenue accordingly.
Ordinances appointing viewers:
In the petition of ALLSAFE SELF STORAGE, L.L.C. for the
closure of a portion of South Kentucky Avenue, Northeast
of the intersection with Bonney Road (KEMPSVILLE
BOROUGH).
bo
In the petition of RONALD W. and JUDITH N. BOONE for the
closure of a portion of Shore Drive (formerly Lynnhaven
Boulevard) (LYNNHAVEN BOROUGH).
e
Ordinance to authorize License Refunds in the amount of
84,733.95.
Ordinance to authorize Personal Property Tax Refunds in the
amount of 8100.30.
L. RESOLUTION
Resolution re restoration and maintenance of the Ferry Farm
House: to express appreciation for the efforts of the Friends
of the Ferry Plantation House, Inc.; approve the use of $2,000
to assist the Friends with the cost of architectural services;
and, direct staff to initiate action to APPROPRIATE 868,550
from the sale of the excess right-of-way resulting in the
closure of a portion of Old Donation Parkway.
M. PUBLIC HEARING - PLANNING
7:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
NO ACTION ITEMS - Deferred by Planning Commission for 30-Days
Application of DEVELOPMENT OPTIONS, INC., for a
Change of Zoning District Classification from R-5D
Residential Duplex District to Conditional B-2 Community
Business District at the Northeast intersection of
Lynnhaven Parkway and Salem Road, containing 5.17 acres
(KEMPSVILLE BOROUGH).
be
Applications of ROLLINGWOOD, L.L.C., at the Southeast and
Northeast intersections of Holland Road and Ferrell
Parkway (2400 Holland Road), containing 101 acres, more
or less (PRINCESS ANNE BOROUGH):
(1)
Change of Zoning District Classification from AG-1
and AG-2 Agricultural District~ to R-7.5
Residential District.
(2) Conditional Use Permit for a private school
®
Ordinance for discontinuance~ closure and abandonment in the
Petttioa of LAWRENCE A.. SANCILIO, RACHEL V. SANCILIO, LENA
SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET
BANK/VIRGINIA, Trustees under the Will of Israel Steingold,
(LYNNHAVEN BOROUGH):
ae
Wagner Street - Beginning at the Southern boundary of
Bonney Road and running in a Southerly direction a
distance of 1096 feet more or less to the Northern
boundary of the Virginia Beach-Norfolk Expressway.
bm
First Street - Beginning at the Western Boundary of
Avenue E and running in a Westerly direction a distance
of 349.78 feet.
Avenue E - Western 25.01 feet, beginning at a point 200
feet South of First Street and running in a Southerly
direction a distance of 214.67 feet to the Northern
boundary of the Virginia Beach-Norfolk Expressway.
Deferred Indefinitely:
Deferred for Compliance:
Deferred additional 180 days:
Deferred additional 180 days:
Deferred additional 180 days:
Deferred additional 180 days:
Deferred additional 180 days:
July 6, 1993
September 28, 1993
April 12, 1994
October 25, 1994
April 25, 1995
October 24, 1995
April 23, 1996
Recommendation:
ADDITIONAL 180-DAY DEFERRAL
e
Ordinances re Closure~ vacation and discontinuance of the
following:
Portion of excess unimproved right-of-way of Old Donation
Parkway (unimproved) in the petition of Hickory
Properties, L.L.C (BAYSI~E BOROUGH).
Deferred: 25 June 1996
Portion of Republic Road in the petition of Hannaford
Brothers Company (LYNNHAVEN BOROUGH).
Deferred: 25 June 1996
Twenty-foot (20') alley between Virginia Beach Boulevard
and 18th Street (LYNNHAVEN BOROUGH).
Deferred: 24 September 1996
Recommendation:
FINAL APPROVAL OF ALL CLOSURES
e
Application of SUBURBAN LODGES OF AMERICA, INC., for a
Conditional Use Permit for a hotel on the North side of
Independence Boulevard, 850 feet more or less East of South
Boulevard, containing 2.69 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
o
Application of M. R. WELCH for a Conditional Use Permit for an
automobile repair garage and bulk storage yard at the
Northeast corner of Central Drive and Industry Lane (588
Central Drive), 2.38 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
o
Application of PRIMECO PERSONAL COMMUNICATIONS, L.P., for a
Conditional Use Permit for rooftop antennas at the Northeast
corner of 19th Street and Pavilion Drive (1900 Pavilion
Drive), containing 8.650 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
e
Application of PEP BOYS for a Conditional Use Permit for an
automotive repair facility on the South side of Indian River
Road, West of Kempsville Road (5405 Indian River Road),
containing 2.637 acres (KEMPSVILLE BOROUGH).
Staff Recommendation:
Planning Commission Recommendation:
APPROVAL
DENIAL
o
Applications of USA ENTERTAINMENT, L.C., on the South side of
Dam Neck Road beginning at a point 2800 feet more or less West
of Corporate Landing Parkway, containing 14 acres (PRINCESS
ANNE BOROUGH):
Conditional Change of Zoning District Classification from
AG-1 Agricultural District to Conditional B-2 Community
Business DistriQt.
Conditional Use Permit for a commercial recreation
facility other than of an outdoor nature (sports facility
- in-line skating~ roller hockey~ indoor soccer~ etc.).
Recommendation:
APPROVAL
o
10.
Application of SHIPS WATCH ASSOCIATES, L.L.C., to vacate a 20-
foot easement on the North side of Ocean Shore Avenue, 468.85
feet West of Whaler Court between Lot K-1 and Lot L-1 as shown
on that certain plat entitled "Revised Subdivision of Property
Located North of Lots B, C, D, E, F, G and H, Lynnhaven Beach"
and recorded in Map Book 111, Page 48, at the Clerk's Office
of the Circuit Court of the City of Virginia Beach (LYNNHAVEN
BOROUGH). .
Recommendation:
DEFER UNTIL COMPLETION
SHORE DRIVE CORRIDOR
OF THE
Applications of the CITY OF VIRGINIA BEACH to AMEND and
REORDAIN the City Zoning Ordinance:
a®
Sections 111, 232, 301, 401, 501, 601, 701, 801, 901,
1001, 1501, 1511, 1521, and 1531 re use regulations for
unmanned communication facilities in certain zoning
districts.
bo
Section 203 re on-site vehicular parking requirements for
restaurants
Co
Section 1408.1 re standards for use and development of
wetlands
Recommendation: APPROVAL
Ne
APPOINTMENTS
COMMUNITY SERVICES BOARD
EROSION COMMISSION
O. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * fl * * fl * * *
* * fl * * * * * fl
CITY COUNCIL SESSIONS
CANCELLED
NOVEMBER 5, 1996 -
* * fl * * * * * * *
10-24-96.cmd
AGENDA\10-29-96.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 29, 1996
Mayor Meyera E. Oberndorf called to order the CITY MAN/IGER'S BRIEFINGS to the VIRGINIA
BF~ICH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, October 29,
1996, at 2:30 P.M.
Council Members Present:
John ,4. Baum, Linwood O. Branch, III, HaroM Heischober, Barbara M.
Henley, LoUis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker
and Vice Mayor William D. Sessoms, Jr. and
Council Members ,4bsent:
William gE. Harrison, Jr.
Reba S. McClanan
Louisa K. Strayhorn
[ENTERED: 5:00 P.M.]
[ENTERED: 3:13 P.M.]
[ENTERED: 2:47 P.M>]
-2-
CITY MANAGER'S BRIEFING
CITIZEN ~TISFACTI@N SUR~EY
2:30 P.M.
ITEM # 41338
Para Llngle, Director of PUblic lnformatt'on, advised this is the fourth year, the City has performed the
Citizen Satisfaction Survey. Ms. Lingle wished to extend appreciation to the team recruited to fine-tune
the questionnaire and improve the actual written report. The members were recruited to the Quality and
Productivity Team:
Mary Lopez
Human Resources
Carol Kaprutus
Public Works
Mary Frank
Public Information
Betty Jean Meyer
Management Services
Thomasine Cubine
Community Services Board
Michelle Parker
General Services
The City employed a private research firm to conduct the survey. The award of the contract was made
after the Finance Purchasing Department requested quotes for the project. There were two excellent bids
received for the project with Continental Research offering the lowest bid. A telephone survey of 500
randomly selected citizens was conducted in August. Each participant was asked a series of questions to
assess his or her overall satisfaction with living in Virginia Beach and a specific list of thirty City
services. The survey has an error rate of +/- 4.4%. Virginia Beach has consistently had high marks from
our citizen survey. This year nearly 96% of our residents reported they considered Virginia Beach a good
place to live. This is a tribute to the City Council and City staff. This survey is also an excellent economic
development tool. The PUblic Information Office will be distributing information from this survey to the
media, community leaders, libraries, government publications and the City's publications (Virginia Beach
Advisory and the Beam). The results of this Survey will also be placed on the lnternet. ~1 letter bearing
the City Council Members' signatures will be sent to all Community leaders.
Nanci Glassman, President - Continental Research, advised the study was similar to previous years'
studies with additional questions and very specific wording. The study was not designed to rank
departments against one another. The survey was pretested by professional interviewers between August
6 and 24, 1996. 34.2% of the citizens interviewed had lived in the City 21 or more years, 79.8% were
owners of their homes and 20.2% were renters. The interviewers also questioned the type of housing in
which the citizens resided. 70.6% resided in single-family homes and 15% resided in apartments,
townhouses, mobile homes and duplexes.
99.6% of the citizens believed I/~rginia Beach was a good place to live. 88.3% feel valued as a citizen.
94% believed they couM conveniently access City services.
October 29, 1996
-3-
CITY MANAGER'S BRIEFING
CITIZEN SATISFACTION SURVEY
ITEM # 41338 (Continued)
Mrs. Glassman referenced the responses to the question: "Which programs and services provided by the
City of ~rginia Beach have you or your family used within the past 12 months?"
5~6%
74.O%
19.2%
76.6%
58.2%
85.6%
58.8%
- Been to a l~rginia Beach recreation center or attended any
recreation programs
- V'tsited a City Park
- Used a City golf course
- Visited a public beach in the City
- Used a City beach with hfeguard services
- Visited a public library or bookmobile
- Visited a museum in Virginia Beach
58.8% - Observed an emergency response of a rescue squad
45.2% - Had any contact with the police department
51.0% - Observed fire services or programs being performed
25.6% - Had contact with civil or criminal courts or served
on jury duty
64.8% - Used a City-owned parking facility or lot at the
Oceanfront or the Municipal Center
78.8% - Been inside any City building or facility, not including
the schools
60.4% - Used any of the City's drop--off recycling centers
96.8% - Does your home have either City water or City
sewer service
OVERALL SATISFACTION WITH CITIY SERVICES
99.2% - Fire services (Fire protection, prevention and education)
98.5% - Rescue services during emergencies
97.6% - City volunteer programs (Library, police auxiliary and rescue squad)
96.8% - Lifeguard services at the public beaches
96.5% - Public libraries and the bookmobile
96.2% - Museums
95.8% - The City's public information services
95.1% - City buildings and facilities, but not schools
94.9% - Recreation centers and programs
94.4% - Parks '
92.2% - Agricultural services
91.9% - Police services
91.5% - Court services
91.O% - City golf courses
90.7% - The services of the Commonwealth Attorney's Office
88.4% - Public beaches in the City
87.7% - Mental health, substance abuse and mental retardation services
85.O% - Enforcement of building codes
83.9% - Services for needy families
83.5% - Child Protective Services for abused and neglected children
83.O% - Attracting more tourism and biosciences and helping businesses expand
81.8% - New construction of City roads
81.3% -Enforcement of housing and zoning codes
79.8% - Water and sanitary sewer services
77.9% - City waste collection services
73.7% - Maintenance of existing City roads and bridges
70.2% - Services for the homeless
65.5% - Planning for residential growth and development
63.6% - Storm water drainage
55.1% - City owned parking facilities at the oceanfront & the Municipal Center
October 29, 1996
-4-
CITY MANAGER'S BRIEFING
CITIZEN SATISFACTION SURVEY
ITEM # 41338 (Continued)
90.4% believe Virginia Beach is a safe place to live. 68.8% of the citizens agreed they wouM be willing
to pay approximately $1.00 a month to have recyclables picked up curbsids.
Mrs. Glassman advised the top five responses to the question: "Other than what were discussed, is there
any other City service or need you wouM like to make suggestions about? ~
4.4% - Please bring back curbsids recycling
3.2% - l~w~inia Beach taxes are too high/too many fee~
too many added taxes
2.0% - Build more schools/fi~ up our schoolsp
2.0% - Build more playgrounds/recreation centers (or renovate them)
1.8% - We need light mil~more busses
October 29, 1996
-5-
CITY MANAGER'S BRIEFING
1997 LEGISLATIVE PACKAGE
3:10 P.M.
ITEM # 41339
Robert Matthias, Assistant City Manager, presented the 1997 GENERAL ASSEMBLY LEGISLATIVE
PACKAGE.
The City of Virginia Beach is extremely concerned over the future of the partnership between the City and
the Commonwealth on funding of services..dlthtYugh the State has taken a very bold step to reduce
unfunded mandates passed down to localities, the City, is still concerned over the "trickle-down" effects
of cuts at the federal level and reductions in state support to programs carried out by the localities.
Funding for education, both primary and higher, is extremely important to the City. Over one-half of the
City's budget is dedicated towards educational funding for grades K-12 for which the State's financial
support has been virtually level for a number of years when adjusted for inflation. ~41so, the City is
completely responsible for the millions of dollars of infrastructure improvements needed to provide
classrooms and other buildings for our rapidly growing student population. The State is requested to fully
fund the actual State share of the standards of quality.
The City would also like to have the General Assembly to consider funding for Capital Improvements.
There are a number of studies going on right now which would affect the City. A Public Hearing is being
held by the Bar Commission this evening, October 29, 1996, in Norfollc A representative of the Hampton
Roads Mayors and Chairs is making a presentation to represent the local governments. Virginia Municipal
League also has comments. This will probably be a big issue next year.
The General/lssembly is requested to provide funding for the relocation to new office space for the
Virginia Beach Health Department. The City is building a new office facility for the Department of Social
Services, and it is necessary for the Health Department to move. The General Assembly is requested to
provide full funding for the Community Services Act. The General Assembly is also requested to fully-
fund State aid to libraries and to examine the suitability of the formula now used based on the greatly
escalating cost of books and library services and fully fund the I?irginia Housing Development Authority
which provides low interest home loans to state residents.
VIRGINIA MARINE SCIENCE MUSEUM
The General Assembly is requested to provide $500,000 to the Virginia Marine Science Museum in FY
98 as acknowledgement of the Virginia Marine Science Museumts contribution to the Commonwealth and
its importance as an educational and tourism development tool. This should be in the form of an
operating assistance grant as is provided to facilities such as the Chrysler Museum. The Chrysler Museum
receives approximately $800,000 a year for an operating subsidy. While it is a very fine facility, the
impact to the economy to the Commonwealth from the Virginia Marine Science Museum is far greater
than that of the Chrysler Museum.
POST LABOR DAY SCHOOL OPENINGS
The General Assembly is requested to retain the requirement that schools not open until after Labor Day.
The Code does allow for variances to be given to school systems who have severe weather in the winter,
where the post Labor Day school opening would require the school calendar to extend further into the
month of June than would otherwise be desired. This request is made because of the importance of tourism
to the economy of not only Virginia Beach but the entire Commonwealth.
October 29, 1996
-6-
CITY MANAGER'S BRIEFING
1997 LEGISLATIVE PACKAGE
ITEM # 41339 (Continued)
APPOINTMENT OF VIEWERS FOR STREET CLOSURES
The General Assembly is requested to amend the Code of Virginia by adding Section 15.1-364.2
regarding Appointtn~nt of Viewers in Certain Cities:
"Notwithstanding the provisions of Section 15.1-364, cities having a
population in excess of 350,000 may appoint not less than three nor more
than five Viewers for a term of one year to view each and every street or
alley proposed to be altered or vacated during the term provided the
notice requirements for each hearing regarding discontinuance of a street
or alley proposed to be altered or vacated complies with Section 15.1-
431 of the Code of Virginia. The applicant for closure of streets or alleys
in such cities that have by ordinance appointed viewers for a one year
term shall not be required to ImM a separate hearing for appointment of
viewers for each specific street or alley proposed to be altered or
vacated. The applicant and governing body of such City shall comply
with all other provisions of Section 15.1-364.
The above language will allow the City to appoint three to five Viewers for a term of one year, who
would be tasked with viewing each and every street or alley proposed to be altered or vacated during that
Because of concerns of City Counci~ Mr. Matthias suggested the verbiage upon every street closure shall
have the adjoining landowners notified by registered mail. A sign should be posted, similar to those
utilized for Changes of Zoning. The City staff shall devise additt~nal language regarding public
notification to respond to City Council concerns. This item will not be pursued, if City Council is still
concerned after further revisions are considered.
CHESAPEAKE BAY PRESERVATION ACT ENFORCEMENT PROCESS
Since its adoption in 1991, enforcement of some provisions of the Chesapeake Bay Preservation Ordinance
have proved to be &'fficult for the Board and its staff. Despite the imposition of stop work orders and
restoration, valuable natural resources have been lost due to violations of the ordinance. ~4ccordingly, the
Chesapeake Bay Preservation Board requests Council include in the package a request to enable the
Board and courts to impose civil damages or civil penalties for violations occurring within the
Chesapeake Bay Preservation Areas. These provisions would be identical to those found in the Wetlands
Act and the Coastal Primary Sand Dunes Protection Act. The intent of those civil penalties and charges
will provide financial disincentives against violating the law, while at the same time providing the impetus
to resolve the issues at administrative levels. The General Assembly is requested to amend the Code of
Virginia, Section 10.1-2109 to add a new section E.
Assistant City Attorney Vanessa Valldejuli advised, under the Wetlands and Coastal Primary Sands Dune
Act, any lands that are either assessed by the Circuit Court as Civil Penalties or Civil Charges that are
assessed by the Wetlands Board are placed into a special fund for the Restoration Enhancement of
Wetlands. In this case, it wouM be placed in a fund for the restoration of Chesapeake Bay Preservation
areas.
AESTHETICS INVOLVED WITH ROADWAY CONSTRUCTION.
The General Assembly is requested to amend the Code to require Virginia Department of Transportation
to allow reasonable portions of the urban allocation to be used for aesthetic purposes on roadway
projects. Furthermore, the General Assembly is requested to urge the Virginia Department of
Transportation to allow more leeway for localities to use urban road funds when buying remaining
parcels.
· October 29, 1996
-7-
CITY MANAGER'S BRIEFING
1997 LEGISLATIVE PACKAGE
ITEM # 41339 (Continued)
I~MOF'AL, REPAIR AND SECURING OF UNSAFE BUILDINGS
The General Assembly is requested to amend Section 15.1-11.2 of the Code of Virginia re paragraph
2 to add: n..except that a building may be secured to protect public health or safety in accordance with
the notice requirements of the Virginia Uniform Statewide Building Code, Volume II. ~ This will allow the
City to board up or otherwise secure property that is a public health or safety hazard.
Assistant City Attorney l~anessa P'alldejuli advised there are provisions in the State Code regarding drug
blighted properties and these have been adopted into the City Code. However, it is almost a legislation
of "last resorff due to the requirements concerning filing of affidavits.
PROMOTION OF TOURISM THROUGH CONVENTION FACILITIES
The General Assembly is requested to study the need and possible funding mechanisms for large
convention facilities located in several areas of the State. This study should take into account existing
facilities, hotel accommodations, and other tourism and convention-related infrastructure such as golf
courses and other amenities.
CONDEMNATION PROCEDURES
The General Assembly is requested to amend Section 15.1 of the Code of Virginia to allow Virginia
Beach to have the same process for condemning property for streets and highways, etc. as is currently
allowed Fairfax County. This wouM be a jury chosen from a jury pool assembled by the Courts.
In response to City Council concerns, the staff will provide information relative successes using this
methodology in Fairfax and other localities and methods which could be utilized.
The City Attorney advised relative condemnation, if City Council desires, a copy of the appraisal could
be provided to the landowner at the time of condemnation. The landowner can then take the appraisal and
present to the independent appraiser for review. '
PUBLIC SAFETY PACKAGE
TRANSPORTING CONTROLLED SUBSTANCES
Currently under Section 18.2-248.01, it is unlawful to transport one ounce or more of drugs. Only those
actually transporting the drugs are at risk, The request wouM be made to add the words, "to have or
cause to be transported" inserted into the Code, which would allow the dealers to be put at risk for
causing drugs to be transported.
SEIZURE OF PROPERTY USED IN CONNECTION WITH OR DERIVED FROM ILLEGAL DRUG
TRANSACTIONS
The Virginia Code, as currently written, has discrepancies with the federal law concerning property seized
from illegal drug transactions. The General Assembly is requested to amend Section 18.2-249.
October 29, 1996
-8-
CITY MANAGER'S BRIEFING
1997 LEGISLATIVE PACKAGE
ITEM # 41339 (Continued)
Mr. Matthias adviSed relative the dedicated funding source for Transportation not being included in the
Legislative Package. The General Assembly's report relative their multi-year study regarding
transportation needs will not be presented until Mid 1998. The General .4ssembly has indicated they will
not consider any new revenue enhancements for transportation, except in a comprehensive fashion. Mr.
Matthias did not believe they would consider the special regional gas tax at the 1997 Session.
BY CONSENSUS, a PUBLIC ~G for the 1997 LEGISLATIVE PACKAGE shall be advertised,
as the Council of Civic Organizations, the individual Civic Leagues and interested citizens will be able
to respond. ~4doption of the 1997 Legislative Package will be SCHEDULED for a future City Council
Session following the Public Healing.
October 29, 1996
-9-
AGENDA RE VIEW SESSION
4;00 P.M.
ITEM # 4134O
Mayor Oberndorf requested Council Lady Henley make the motion and Councilman Baum second same
at its Formal Session:
Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements and the issuance by the City of its
contract obligations:
a. Alvah L.Dawley, I4'. Arnold Dawley and Patsy D. Flora
Installment Purchase Agreement No. 1996-1 - $2,467,500
b. Anne F. Gregory and Katie F. Flanagan
Installment Purchase Agreement No. 1996-2 - $ 274,093
Council Lady McClanan indicated she would ABSTAIN on K.l.a. and vote NAY on ICl. b. She will state
this during the Formal Session.
ITEM # 41341
Councilman Jones referenced:
IC6 Ordinances appointing viewers:
b. In the petition of RONALD W. and JUDITH N. BOONE for
the closure of a portion of Shore Drive (formerly Lynnhaven
Boulevard) ..........................
Zqltl.
Councilman Jones had received concerns from residents and will be opposing the Street Closure when
scheduled for the City Council Session after review by the Viewers.
ITEM # 41342
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
Ordinances to authorize the acquisition of Agricultural Land
Preservation Easements and the issuance by the City of its
contract obligations:
a. Alvah L21awley, W. Arnold Dawley and Patsy D. Flora
Installment PUrchase Agreement No. 1996-1 - $2,467,500
b. Anne F. Gregory and Katie F. Flanagan
Installment Purchase Agreement 1~o. 1996-2 - $ 274,093
Ordinance to ACCEPT and APPROPRIATE a $285,000 Grant
from the Virginia Department of Economic Development,
Division of Tourism, to the Convention and V'tsitor
Development FY 1996-1997 Operating Budget re a Regional
Infomercial, Canadian Market Advertising Program and "Per
Inquiry" Television Advertising Program; and, adjust
estimated revenues accordingly.
October 29, 1996
- 10 -
AGENDA REVIEW SESSION
ITEM # 41342 (Continued}
K.3
K. 4
K.5
Ordinance to APPROPRIATE $122,541 in the Sheriff's
Department's FY 1996-1997 Operating Budget for salary and
operating expenses re additional positions authorized by the
Virginia Compensation Board; increase estimated revenue for
reimbursement from the Commonwealth by $93,297; and,
TRANSFER $29,244 from the General Fund Reserve for
Contingencies for grant matches.
Ordinance to ACCEPT and APPROPRIATE $113,593 from
the Commonwealth of Virginia to the Office of the
Commonwealth's Attorney re additional positions to provide
Domestic Violence Prosecution; increase estimated revenue
from the State by $83,877; and, TRANSFER $29,716 from the
General Fund Reserve for Contingencies for grant matches.
Ordinance to ACCEPT and APPROPRIATE an additional
$17,000 in Federal Grant Funding to the FY 1996-1997
Mental Health -Mental Retardation -Substance Abuse
(MHMR~d) Operating Budget re continuation of the
Community Services Board respite program for families of
children with disabilities; and, increase estimated revenue
accordingly.
K. 6 Ordinances appointing viewers:
bo
K. 7
In the petition of ALLSAFE SELF STORAGE, I~.L.C. for the
closure of a portion of South Kentucky Avenue, Northeast of
the intersection with Bonney Road (KEMPSVILLE BOROUGH).
In the petition of RON,4LD W. and JUDITH N. BOONE for
the closure of a portion of Shore Drive (formerly Lynnhaven
Ordinance to authorize License Refunds in the amount of
S4,?33.gs.
Ordinance to authorize Personal Propertj Tax Refunds in the
amount of $100.30.
ITEM # 41343
Unless there is OPPOSITION, the following will also be included on the CONSENT AGENDA.
L. RESOLUTION
Resolution re restoration and maintenance of the Ferry Farm
House: to express appreciation for the efforts of the Friends
of the Ferry Plantation House, Inc.; approve the use of $2,000
to assist the Friends with the cost of architectural services;
and, direct staff to initiate action to APPROPRIATE $68,550
from the sale of the excess right-of-way resulting in the
closure of a portion of Old Donation Parkway.
October 29, 1996
- 11 -
AGENDA REVIEW SESSION
ITEM # 41344
Council Lady Parker expressed concern:
M.4 Application of SUBURBAN LODGES OF AMERICA, INC.,
for a Conditional Use Perm# for a hotel on the North side of
Independence Boulevard, 850 feet more or less East of South
Boulevard, containing 2.69 acres (KEMPSFILLE BOROUGH).
The cost would be approximately $149 per week for a long term stay. The item shall be discussed during
the Formal Session.
ITEM # 41345
Council Lady McClanan requested discussion:
M.5 Application of M. R. WELCH for a Conditional Use Permit for
an automobile repair garage and bulk storage _~ard at the
Northeast corner of Central Drive and Industry Lane (588
Central Drive), 2.38 acres (PRINCESS ANNE BOROUGH).
ITEM # 41346
The City Attorney referenced:
M. 6 Application of PRIMECO PERSONAL COMMUNICATIONS,
L.P., for a Conditional Use Permit for ~ at the
Northeast corner of 19th Street and Pavilion Drive (1900
Pavilion Drive), containing 8.650 acres (LYNNHAVEN
BOROUGH).
If City Council is going to ADOPT M. lOa~4pplication of the CITY OF VIRGINIA BE~CH to AMEND
and REORDAIN the City Zoning Ordinance Sections IlL 207, 301, 401, 601, 701, 801, 901, 1001, 1501,
151L 152L and 1531 re use regulations for unmanned communication facilities in certain zoning
districts, then City Council does not have to act upon the aforementioned M. 6. Assistant City Attorney
Macali, advised at the present time under the current Ordinance, a Conditional Use Permit is necessary.
One of the ordinances in lOa. makes it a principal permitted use eliminating the need for a Conditional
Use Permit. Therefore adopting lO.a. renders Item 6 mute.
ITEM # 41347
Council Lady McClanan referenced:
M. 8
Applications of USA ENTERTAINMENT, L.C., on the South
side of Dam Neck Road beginning at a point 2800 feet more or
less West of Corporate Landing Parkway, containing 14 acres
(PRINCESS ANNE BOROUGH):
Conditional Change of Zoning District Classificatiou from
1 ~4gricultural DistriCt to Conditional B-2 Communi~_ Busine$,
District.
Conditional Use Permit for a commercial recreation facility
other than o_f an outdoor nature (~_orts facility - in-line
skating, roller hockey, indoor soccer, et¢,).
Council Lady McClanan wished discussion relative the possibility of parMng on Dam Neck Road, if this
facility is crowded. This item will be discussed during the Formal Session.
October 29, 1996
- 12 -
AGENDA REVIEW SESSION
ITEM ii 41348
Councilman Branch advised Councilman Harrison had indicated concern:
M9
,4pplication of SHIPS WATCH ASSOCIATE~ L.L.C., to vacate
a 20-foot easement on the iVorth side of Ocean Shore Avenue,
468.85 feet West of Whaler Court between Lot K-1 and Lot L-
I as shown on that certain plat entitled "Revised Subdivision of
Property Located ~Vorth of Lots B, C, D, E, F, G and H,
Lynnhaven Beach ~ and recorded in Map Book 111, Page 48, at
the Clerk's Office of the Circuit Court of the City of Virginia
Beach (L YlgNHA VEN BOROUGH).
ITEM # 41349
Council Lady Parker requested the decision to DEFER wait until after the Executive Session:
MIO Applications of the CITY OF VIRGINIA BEACH to AMEND and REORD~N
the City Zoning Ordinance:
b. Section 203 re on-site vehicular parking requirements for
restaurants ~
ITEM # 41350
Council Lady Henley inquired relative the State Code Provision:
MIO Applications of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN
the City Zoning Ordinance:
c. Section 1408.1 re standards for use and development of
wetlands
Assistant City Attorney l/anessa l~alldejuli advised the State Code provision adopted by the General
Assembly specifically states that mitigation banking cannot even be considered until the developer can
prove there are other alternatives. The bank must be in the same USGA cataloging unit as determined by
the hydrologic map or an adjacent site within the same river watershed. It is anticipated it is going to be
in the same watershed.
Council Lady Henley did not agree with mitigating in a different watershed.
October 29, 1996
- 13 -
AGENDA REVIEW SESSION
ITEM # 41351
BY CONSENSUS, tbs following item~ shall compase the PLANNING BY CONSENT AGENDA:
M2
Ordinance for discontinuance, closure and abandonment in
the Petition of LAWRENCE A.. SANCILIO, RACHEL V.
SANCILIO, LENA SAIVCILIO, MAURICE STEINGOLD,
LEWIS B. STEINGOLD and SIGNET BANI(JVIRGINL4,
Trustees under the Will of Israel SteingoM, (LYNNHAVEN
BOROUGH):
Wagner Street - Beginning at the Southern boundary of
Bonney Road and running in a Southerly direction a distance
of 1096 feet more or less to the Northern boundary of the
Virginia Beach-Norfolk Expressway.
b. First Street - Beginning at the Western Boundary of Avenue
E and running in a Westerly direction a distance of 349. 78 feet.
Avenue E - Western 25.01 feet, beginning at a point 200 feet
South of First Street and running in a Southerly direction a
distance of 214.67 feet to the Northern boundary of the Virginia
Beach-Norfolk Expressway.
M.3 Ordinances re Closure.
following:
vacation and discontinuance of the
Portion of excess unimproved right-of-way of Old Donation
Parkway (unimproved) in the petition of Hickory Properties,
LJ,,.C (BAYSIDE BOROUGH).
b. Portion of Republic Road in the petition of Hannaford
Brothers Company (L YNNHA VEN BORO'UGH).
c. Twenty-foot (20') alley between l~rginia Beach Boulevard and
18th Street (LYNNHAVEN BOROUGH).
M. 6 Application of PRIMECO PERSONAL COMMUNICATIONS,
L.P., for a Conditional Use Permit for r~2gfIPj~lllIgllll~ at the
Northeast corner of 19th Street and Pavilion Drive (1900
Pavilion Drive), containing 8.650 acres (LYNNItAVEN
BOROUGH).
M. 7 Application of PEP BOYS for a Conditional Use Permit for an
automotive repair facility on the South side of Indian River
Road, West of Kempsville Road (5405 Indian River Road),
containing 2.637 acres (KEMPSVILLE BOROUGH).
October 29, 1996
- 14 -
AGENDA RE VIEW SESSION
ITEM # 41351 (Continued)
MIO Applications of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN
the City Zoning Ordinance:
ao
Sections 111, 207, 301, 401, 601, 701, 801, 901, 1001, 1501,
1511, 1521, and 1531 re use regulations for unmanned
communication facilities in certain zoning districts.
b. Section 203 re on-site vehicular parking requirements for
restaurants
c. Section 1408.1 re standards for use and development of
wetlands
Item 2 will be DEFERRED AN ADDITIONAL 180 DAYS BY CONSENT until the City Council Session
of April 27, 1996.
Items 6 and 7 WILL BE WITHDRAWN BY CONSENT
Item lOb will be decided after EXECUTIVE SESSION if DEFERRED BY CONSENT.
October 29, 1996
- 15 -
CITY COUNCIL CONCERNS
4:25 P.M.
ITEM # 41352
Mayor Oberndorf advised she, Vice Mayor Sessoms and City ,4ttorney Leslie Lilley were fortunate to have
a meeting with the Chairman of the School Boarv~ Robert Hagans, the Vice Chairman, Delceno Miles and
the Superintendent of Schools, Dr. Tim Jenny. Next montt~ she and the Vice Mayor will attend a meeting
in the School Board Buil&'ng. The Mayor and Vice Mayor were advised the schools are investigating
reducing class size, and that will entail an expense of approximately $40-MILLION.
Vice Mayor Sessoms advised the number of portables has not been reduced to the extent promised. The
goal was a reduction of 40 portables per year, and this has not occurred. Paul Lanteigne, School Board
Member, advised the School Board has not voted on their priorities. He has not been a part of the vote
to reduce class size. Yesterday, October 28, 1996, the Board had its first financial workshop, before they
could even determine priorities. From his personal experience having children at Princess Anne Middle
and Kellam, many portables have been removed from these two facilities.
Mayor Oberndorf and Vice Mayor Sessoms requested statistics. Mayor Oberndorf also stated at their
meeting, the representatives noted they still wished to move ahead on their technology effort.
Mr. Lanteigne advised regarding the increase of the High School 2000 estimate of $29-MILLION to
$41-MILLION, after the School Board was provided this information, they toured Tallwood High School
to determine if a more austere building could be built than in the recent past. The Board is investigating
cost-conscious ways to not expend that much money.
Dr. Jenny and Mr. Spore concur that the City and School Board staffs are working exceptionally well
together.
ITEM # 41353
Councilman Branch suggested the Public Hearing for Planning be RESCHEDULED to 2:30 P.M. rather
than 3:00 P.M. for the Second Tuesday of the month and 6:30 P.M. rather than 7:00 P.M. for the
Fourth Tuesday of the month.
ITEM # 41354
Council Lady Parker referenced a memorandum regarding the False Cape Lodge concept from Roger F.
Newill - Chairman - Resort ,4rea ,4dvisory Commission, Council Lady Parker did not understand how
her name was on as a Project Participant.
ITEM # 41355
Council Lady Henley referenced an article in the Real Estate Supplement of the Virginian-Pilot on
October 19, 1996. Properties in Virginia Beach were compared to Northeast North Carolina. The art¥cle
stated Virginia Beach has a $4.00 tax rate and compared the taxes on a $100,000 house in Virginia
Beach which wouM entail over $4,000 in taxes.
letter has been written requesting a correction.
October 29, 1996
- 16 -
ITEM # 41356
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 29, 1996, at
4:45 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba ~ McClanan, Mayor Meyera E. Oberndorf,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Absent:
William W. Harrison, Jr.
October 29, 1996
-17-
ITEM # 41557
Mayor Meyera E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS; Discussion or consideration of or interviews
of prospective candidates for employmeng assignmeng appointment,
promotion, performance, demotion, salaries, &'sciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
Zl-344 (A) (1).
Appointments - Boards and Commissions:
Community Services Board
Erosion Commission
Health Services Advisory Board
PUBLICLY-HELD PROPERTy: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-heM property, or of plans for the future of an
institution which couM affect the value of property owned or desirable for
ownership by such institution pursuant to Section Z1-344(A)(3).
To- Wit: Acquisition:
Princess Anne Borough
Dawley, Flora, Gregory, and Flanagan
Properties
Southeastern Parkway and Greenbelt
LEGAL MATTER.V: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal mutters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
Lake Gaston Water Supply Project
Amendments to Section 203 - Zoning Ordinance
W. Cason Barco v. Board of Zoning Appeals,
Janezeck and City of Virginia Beach
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, Ill, Harold Heischober, Barbara M.
Henley, Louis P~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
October 29, 1996
- 18 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
October 29, 1996
6:35 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 29, 1996, at 6:35 P.M.
Council Members Present:
John A. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend Richard J. Keever
Bayside Presbyterian Church
PLEDGE OF ~4LLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
GIVEN BY BOY SCOUT TROOP 415
October 29, 1996
- 19 -
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 41358
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 Virginia 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, &'scussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, W~lliam W.. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis P~ Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa IC Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
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 # 41357 Page No. 17 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, C°) 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.
l~th Hodges S~ith, ~MC/AAE
City Clerk
October 29, 1996
- 20 -
Item V-F. 1.2.
MINUTES
ITEM # 41359
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED
the Minutes of the INFOJUIO. L AND FORMAL SESSIONS of October 8, 1996 and SPECIAL
FO~ SESSION~PUBLIC HEARING of October 23, 1996.
Voting: 11-0
Council Members Voting ~4ye:
John ~4. Baum, Linwood O. Branch, III, W~lliam W. Harrison,
Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy IC
Parker, Vice Mayor ~illiam D. Sessoms, Jr. and Louisa K.
Strayhorn
Council Members Voting Nay:
None
Council Members ~4bsent:
None
October 29, 1996
- 21 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 41360
BY CONSF~SUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 29, 1996
Item V-H. 1,
PRESENTATION
ITEM tt 41361
Mayor Oberndorf PRESENTED the Color Guard:
BOY SCOUT TROOP 415
(Chartered by the Fraternal Order of Police)
William Merron
Christopher Fulp
Gary Brogan
Matthew O'Gurkis
Joshua Simmons
Joe Whelan
Matthew Miller
October 29, 1996
PRESENTATION
ITEM # 41362
Mary M. Heinrichg Coordinator, Southeastern Association for Iftrginia's Environment (SAVE),
prtsented the Award for Innovative Government to:
Cit~ of Virginia Beach
Louis Cullipher
Director of Agriculture.
Mrs. Heinricht had the honor of accepting this award at the Annual Meeting of the Executive Council of
the Chesapeake Bay Commission in Harrisburg, Pennsylvania. The Chesapeake Bay.4greement was signed
in 1983 and the Virginia ~4ct followed in 1988. This program began focused on specific regulations to
achieve its goals.
With the ADOPTION of the Agricultural Reserve Program on May 9, 1995, the City took an innovative
approach to resource protection and growth management. Farmland preservation programs have worked
very successfully around the country and in the Bay watershed .for close to twenty years. This is the first
farmland preservation program in Virginia.
Louis Cullipher ACCEPTED the award with a great deal of pride and believed the City's Agricultural
Reserve Program will be a model for the Commonwealth.
October 29, 1996
- 24 -
Item V-H.$
PRESENTATION
ITEM # 41363
Mayor Meyera E. Oberndorf PROCLAIMED:
October 28 - November 3, 1996
TIDEWATER COUNCIL CRIME PREVENTION WEEK
More than 300 community organizations make Scouting available to more than 20,000 youth members in
the Tidewater Council participate in Scouting programs as a means of character building citizenship
training and personal fitness. The Tidewater Council has launched a crime reduction effort as part of the
Boy Scouts of America National Crime Prevention Program.
The following Explorers, Chartered by the Virginia Beach Police ACCEPTED the PROCIMMATION:
Rebecca Fry
Charlie Abrecht
October 29, 1996
Item IV-H. 4.
PI~SENTATION
ITEM # 41364
Mayor Oberndorf RECOGNIZED the following BOY SCOUTS in attendance earning their Citizenship
in the Community Merit Badge:
BOY SCOUT TROOP 11481
SPONSORED BY KINGS GRANT BAPTIST CHURCH
Joshua Krause
David Rogie
Tim Montgomery
Alex Knofl~e
October 29, 1996
- 26 -
Item F'-I.
PUBLIC HEARING
ITEM # 41365
Mayor Oberndorf DECLARED ,4 PUBLIC HEARING:
,4GRICUL TURAL RESERVE PROGRAM (ARP)
The following registered to speak:
Sue Carlyle, 1425 Alanton Drive, Phone: 481-2538, represented the l/irginia Beach ,4udubon Society,
registered in SUPPORT of the ARP.
John W. Wilson, Jr. 1428 Carolyn Drive, Phone: 425-8314, registered in OPPOSITION to the ARP.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HE,4RING.
October 29, 1996
- 27 -
Item
CONSENT AGENDA
ORDINANCES
ITEM # 41366
Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council APPROVED BY
CONSENT in ONE MOTION Items la.b., 2, 3, 4, 5, 6, 7 and 8
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III,, William VE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R~ Jones, Reba S. McClanan*,
Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
*Council Lady McClanan ABSTAINED on Item 1.a. as she had been friends .for many years with the
Dawleys
*Council Lady McClanan VOTED VERBAL NAY on Item 1.b.
October 29, 1996
- 28 -
Item V-I~l.a.
CONSENT AGENDA
ORDINANCES
ITEM # 41367
Upon motion by Council lady Henley, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize the acquisition of Agricultural Land Preservation
Easements and the issuance by the City of its contract obligations:
Alvah L. Dawley, IV.. Arnold Dawley and Patsy D. Flora Installment Purchase
Agreement No. 1996-1 - $2,467,500
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis 1~ Jones, 3~ayor Meyera E.
Oberndoff, Nancy K. Parker, ~ice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
*Council Lady McClanan ABSTAINED on Item 1.a. as she had been friends for many years with the
Dawleys
October 29, 1996
1
2
3
4
5
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUMPRINCIPALAMOUNT OF
$2,467,500
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
Virginia Beach, there has been presented to the City Council for
approval an Installment Purchase Agreement for the acquisition of
the Development Rights (as defined in the Installment Purchase
Agreement, a true copy of which is hereto affixed), on certain
property located in the City and more fully described in Exhibit B
of the Installment Purchase Agreement, for a purchase price of
$2,467,500; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural land
preservation easement, as defined in, and in compliance with, the
requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase Agreement,
including the purchase price and manner of payment, are fair and
reasonable and in furtherance of the purposes of the Ordinance, and
the City Manager is hereby authorized to approve, upon or before
the execution and delivery of the Installment Purchase Agreement,
the rate of interest to accrue on the unpaid principal balance of
the purchase price set forth hereinabove as the greater of 6.00%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund such
unpaid principal balance; provided, however, that such rate of
interest shall not exceed 7.50% unless the approval of the City
Council by resolution duly adopted is first obtained.
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
7O
71
72
2. The City Council hereby further determines that
funding is available for the acquisition of the Development Rights
pursuant to the Installment Purchase Agreement on the terms and
conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement in the form and substance presented
at this meeting and, subject to the determination of the City
Attorney that there are no defects in title to the property or
other restrictions or encumbrances thereon which may, in the
opinion of the City Attorney, adversely affect the City's
interests, authorizes the City Manager to execute and deliver the
Installment Purchase Agreement in substantially the same form and
substance as presented at this meeting with such minor
modifications, insertions, completions or omissions which do not
materially alter the purchase price or manner of payment, as the
City Manager shall approve. The city Council further directs the
city Clerk to affix the seal of the City to, and attest same on,
the Installment Purchase Agreement. The City Council expressly
authorizes the incurrence of the indebtedness represented by the
issuance and delivery of the Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than pursuant to
the Public Finance Act of 1991 and hereby constitutes the
indebtedness a contractual obligation bearing the full faith and
credit of the city.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 29 day of 0cober , 1996.
CA-96-6462
ordin\noncode\Dawley.orn
October 21, 1996
R-1
APPROVED AS TO CONTENT:
~Agriculture Depa~ment
APPROVED AS TO LEGAL ~
SUFfiCIENCY: ~ ~ //~ ~
L~w be~artmen~ ' ' '
2
ALVAH L. DAWLEY
W. ARNOLD DAWL~Y
and
PATSY D. FLORA,
the 'Seller'
and
CITY OF VIRGINIA BEACH, VIRGINIA
the 'City'
INSTALLMF~NT PURCHASE AGI~MF~NT
(Agreement No. 19~6-1)
TABLE OF CO~S
(This Table of Contents is not part of the Installment Purchase Agreement and is only for
convenience of reference)
AGREEMF~ ........... 1
ARTICLE 1
DEFINI'nONS
SEC'rION 1.1
SECTION 1.2
Definitions
Rul~ of Construction 4
ARTICLE 2
SALE AND PURCHASE OF DEVELOPlVI~.NT RIGHTS
SECTION 2.1
SECTION 2.2
Agreement to Sell and Purchase Development Rights .... 4
Delivery of Deed of Easement .................. 4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1
SF_L'TION 3.2
SECTION 3.3
Payment of Purchase Price 5
Registration and Transfer of this Agreement .......... 5
Mutilated, Lost, Stolen or Destroyed Agreement ....... 6
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1
SECTION 4.2
Representations and Warranties of the City .......... 7
Representations and Warranties of the Seller ......... 7
Section
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTERF_.ST FROM INCOME FOR FEDERAL INCOME TAXATION
SF_~TION 5.1
SF_~TION 5.2
Intent of City and Tax Covenant of City ............ 9
Acknowledgment of Seller with Regard to Tax
Consequences of Transaction ................... 9
ARTICLE 6
THE REGISTRAR
SECTION 6.1
SECTION 6.2
SF_~TION 6.3
SECTION 6.4
SECTION 6.5
Appointment of Registrar ..................... 9
Ownership of Agreement ..................... 9
Removal of Registrar and Appointment of
Successor Registrar ......................... 10
Qualifications of Successor Registrar .............. 10
Successor by Merger or Consolidation ............. 10
ARTICLE 7
MISCELLANEOUS
SECTION 7.1
SECTION 7.2
SECTION 7.3
SECTION 7.4
SECTION 7.5
SECTION 7.6
SECTION 7.7
SECTION 7.8
SECTION 7.9
SECTION 7.10
Successors of City ......................... 10
Parties in Interest .......................... 10
Binding Effect ............................ 11
Severability ............................. 11
Prior Agreements Cancelled; No Merger ............ 11
Amendments, Changes and Modifications ........... 11
No Personal Liability of City Officials ............. 11
Governing Law ........................... 11
Notices ................................ 11
Holidays .............................. '. 12
Signatures and Seals ..................................... 13
EXHIBIT A -
EXHIBIT B -
EXHIBIT C -
EXHIBIT D -
EXHIBIT E -
Form of Deed of Easement
Description of Land
Permitted Encumbrances
Form of Assignment
Transfer of Agreement - Schedule of Transferees
ii
INSTALL~ PURCHASE AGIlP. FMI=.NT
(Agreement No. 1996-1)
THIS INSTALLMF~NT PURCHASE AGRP-P.M'F~NT (this "Agreement") is made
as of the day of ,199 between ALVAH L. DAWLEY, W. ARNOLD
DAWLEY and PATSY D. FLORA (c~ectively, the "Seller") and CITY OF VIRGINIA
BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the
'City').
A. Pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as mended (the "Act"), the City
adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the
preservation of agricultural land in designated areas within the southern portion of the
City.
B. In furtherance of the purposes of the Act and the Ordinance, the City
has established the Agricultural Reserve Program of the City which provides for the
acquisition of Development Rights (hereinafter defined in Section 1.1) through the
purchase of agricultural land preservation easements with respect to property located in
the portions of the City covered by the Ordinance.
C. The Seller is the owner in fee simple of Land (hereinafter defined in
Section 1.1) which is located in that portion of the City subject to the Ordinance and
meets the eligibility criteria of Section 7 of the Ordinance.
D. The Seller has agreed to sell, and the City has agreed to purchase,
Seller's Development Rights in the Land on and subject to the terms and conditions
hereinafter set forth.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements hereinafter set forth, and for other good and valuable
consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller
and the City hereby agree as follows: .
ARTICLE 1
DEFINITIONS
S~ON 1.1 Definitions. As used in this Agreement, the following terms
have the following meanings, unless the context clearly indicates a different meaning:
"Agricultural Use' means (i) the bona fide production of crops, animal or fowl,
including, but not limited to, the production of fruits, vegetables, honey, grains, meat,
poultry and dairy products, the raising of livestock and poultry, and the production and
harvest of products from horticultural, silvicultural or aquacultural activity, (ii)the
repair, expansion or replacement of no more than one (1) bona fide dwelling occupied
by the landowner or tenant as of the date of application for entry in the Agricultural
Reserve Program and no more than one freestanding mobile home, as permitted by
Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related
to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the Virginia Beach City Zoning
Ordinance. The term does not include the processing of agricultural, silvicultural,
horticultural or aquacultural products, except as an accessory use.
'Business Day" or "business day" means a day on which (a) banks located in the
City and in the city in which the principal office of the Registrar is located are not
required or authorized by law or executive order to close for business, and (b) The New
York Stock Exchange is not closed.
"City' means the City of Virginia Beach, Virginia, a body politic and corporate
and a political subdivision created and existing under and by virtue of the Constitution
and laws of the State, its successors and assigns.
'City Council' means the Council of the City.
"City Manager" means the City Manager of the City.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference
to the Code herein shall be deemed to include the United States Treasury Regulations in
effect or proposed from time to time with respect thereto.
"D~.d of ga_~ment" means the Deed of Easement of even date herewith from the
Seller to the City, wMch shall convey the Development Rights to the City in perpetuity.
The Deed of Easement shall be substantially in the form attached hereto as Exhibit A
and made a part hereof.
"Development Rights" mean the rights of the Seller in the Land to develop the
Land for any use other than an Agricultural Use. Development Rights shall include, but
2
not be limited to, the right to develop the Land for any commerdal, industrial or
residential use except as expressly permitted by the Ordinance.
"Enabling Legislation" means, collectively, (1) the Open Space Land Act,
Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the
"Estate Settlement Transfer" means the transfer by the legal representative of the
estate of a deceased Seller of such Seller's rights in and to this Agreement in connection
with the distribution of the deceased Seller's estate or other settlement of such decedent
Seller's estate.
'Interest Payment Date" means lune I and December 1 in each year, commencing
, 199_.
"Land" means the tract of land located in Virginia Beach, Virginia, containing
approximately 531 acres, and more particularly described in Exhibit B attached hereto
and made a part hereof.
"Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the
City Council on May 9, 1995, as Appendix J to the City Code, as the same may be
amended or modified from time to time.
"Permitted Encumbrances' mean the encumbrances listed on Exhibit C attached
hereto and made a part hereof and any encumbrances on or with respect to the Land or
any portion thereof hereafter approved, in writing, by the City.
"Person' or 'person" means any natural person, firm, association, corporation,
company, trust, partnership, public body or other entity.
"Purchase Price" means $2,467,500, the purchase price to be paid by the City to
the Registered Owner in accordance with this Agreement.
"Record Date' means the fifteenth (15th) day (whether or not a Business Day) of
the calendar month immediately preceding each Interest Payment Date and the principal
payment date.
'Registered Owner' means the registered owner of this Agreement as shown on
the registration books maintained by the Registrar.
"Registrar' means First Union National Bank of Virginia or any other person
hereafter appointed by the City to act as Registrar and paying agent for this Agreement.
3
"Seller" means, collectively, Alvah L. Dawley, W. Arnold Dawley and Patsy D.
Flora.
'State' means the Commonwealth of Virginia.
SECTION 1.2
Rules of Construction.
(a) The words 'hereof,' 'herein,' 'hereunder,' 'hereto,' and other
words of similar import refer to this Agreement in its entirety.
(b) The terms 'agree' and "agreements" contained herein are intended
to include and mean "covenant" and "covenants."
(c) References to Articles, Sections, and other subdivisions of this
Agreement are to the designated Articles, Sections, and other subdivisions of this
Agreement.
(d) The headings of this Agreement are for convenience only and shall
not define or limit the provisions hereof.
(e) All references made (i) in the neuter, masculine or feminine gender
shall be deemed to have been made in aH such genders, and (ii) in the singular or plural
number shaH be deemed to have been made, respectively, in the plural or singular
number as well.
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMF~NT RIGHT5
SEC~ON 2.1 Agreement to Sell and Purcha~ Develo_oment Right,. The
Seller agrees to sell the Development Rights in the l_,nd to the City and the City agrees
to purchase the Development Rights in the Land from the Seller on the date hereof for
the Purchase Price.
SECTION 2.2 Delivery_ of Deed of Fa~ment. In order to evidence the
sale of the Development Rights to the City, the Seller shaH execute and deliver to the
City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A
and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office
of the Circuit Court of the City.
4
ARTICLE 3
PAYMEHF OF PURCHASE PRICE
SECTION 3.1
Payment of Purchase Pri~
(a) The City shall pay the principal portion of the Purchase Price to
the Registered Owner in a single installment on ,202 . The Purchase
Price is $2,467,500. -
(b) Interest on the unpaid principal balance of the Purchase Price shall
accrue from the date hereof and shall be payable to the Registered Owner on
, 199_, and semia_nnually thereafter on June 1 and December 1 in each
year to and including ,202_, at the rate of ~ per annum. Interest
shall be calculated on the basis of a 360-day year of twelve 30-day months.
(c) Both the single installment of principal of the Purchase Price and
the interest on the unpaid balance thereof are payable in lawful money of the United
States of America at the time of payment.
(d) Payment of interest on the unpaid balance of the Purchase Price
shall be made by the City on each Interest Payment Date to the Registrar. The Registrar
shall forward all such interest payments by check or draft mailed to the person(s)
appearing on the registration books of the City maintained by the Registrar aa the
Registered Owner on the Record Date, at the address of such Registered Owner aa it
appears on such registration books. The single installment of principal of the Purchase
Price shall be paid on the principal payment date set forth in Subsection (a) above by the
Registrar to the Registered Owner aa of the Record Date upon presentation and surrender
of this Agreement at the office of the Registrar.
(e) The City's obligation to pay the Purchase Price hereunder and to
pay interest on the unpaid balance of the Purchase Price is a general obligation of the
City, and the full faith and credit and the unlimited taxing power of the City are
irrevocably pledged to the punctual payment of the Purchase Price and the interest on the
unpaid principal balance of the Purchase Price as and when the same respectively become
due and payable.
SECTION 3.2
Registration and Transfer of this Agreement.
(a) Until the Purchase Price and all interest thereon have been paid in
full, the City shall maintain and keep at the offices of the Registrar, registration books
for the registration and transfer of this Agreement; and upon presentation of this
Agreement for such purpose at the offices of the Registrar, the Registrar shall register
or cause to be registered on such registration books, and permit to be transferred thereon,
5
under such reasonable regulations as the City or the Registrar may prescribe, the
ownership of this Agreement. The Registrar, however, shall not be required to make any
such registration and transfer during the period from the Record Date to the next
succeeding Interest Payment Date or final principal payment date.
Co) Except for an Estate Settlement Transfer, this Agreement may not
be transferred by the Registered Owner prior to the expiration of a one (1) year period
from the date this Agreement has been fully executed, delivered and become effective,
and any such attempted transfer shall be null and void. The Registrar shall be instructed
not to make any such transfers (other than an Estate Settlement Transfer) on its
registration books kept for the purpose of registering the transfer of this Agreement prior
to the expiration of said one (1) year period.
(c) The Seller is the original Registered Owner. This Agreement shall
be transferable only upon the books of the City maintained for such purpose by the
Registrar, at the written request of the Registered Owner as then shown on such
registration books or his attorney duly authorized in writing, upon presentation and
surrender of this Agreement, together with a written instrument of transfer substantially
in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and
approved by the Registrar in writing, duly executed by the Registered Owner or his
attorney duly authorized in writing. Upon the surrender for transfer of this Agreement,
the Registrar shall complete the Schedule of Transferees attached hereto as F_odn'bit E
with the name, address and tax identification number of the transferee Registered Owner,
and the date of the transfer; provided, however, that if there is any conffict between the
information set forth in Exhibit E hereto and the registration books maintained by the
Registrar, the information shown on such registration books shall control.
The City and the Registrar may deem and treat the person in whose name this
Agreement is registered upon the books of the City maintained by the Registrar as the
absolute owner of this Agreement, whether any payments hereunder shall be overdue or
not, for the purpose of receiving payment of, or on account of, the Purchase Price and
interest thereon and for all other purposes, and all such payments so made to any such
Registered Owner or upon his order shall be- valid and effectual to satisfy and discharge
the liability upon this Agreement to the extent of the sum or sums so paid, and neither
the City nor the Registrar shall be affected by any notice to the contrary.
For every registration of transfer of this Agreement, the City or the Registrar may
make a charge sufficient to reimburse themselves for any tax or other governmental
charge required to be paid with respect to such exchange or transfer, which sum or sums
shall be paid by the person requesting such transfer as a condition precedent to the
exercise of the privilege of registering such transfer.
SECTION 3.3 Mutilated. Lost. Stolen or Destroyed Agreement. In the
event that this Agreement is mutilated, lost, stolen or destroyed, the City and the
6
Registered Owner (as then shown on the registration books maintained by the Registrar)
shall execute and deliver a substitute agreement having the same terms and provi~s
as the mutilated, lost, stolen or destroyed Agreement; provided thai, in the case of any
mutilated Agreement, such mutilated Agreement shall first be surrendered to the
Registrar, and, in the case of any lost, stolen or destroyed Agreement there shall be first
furnished to the City and the Registrar evidence of such loss, theft or destr~
satisfactory to the City and the Registrar, together with indemnity satisfactory to each of
them in their sole discretion. The City and the Registrar may charge the Registered
Owner requesting such new Agreement their expenses and reasonable fees, if any, in this
connection. If after the delivery of such substitute Agreement, a bona fide purchaser of
the original Agreement (in lieu of which such substitute Agreement was issued) presets
for payment such original Agreement, the City and the Registrar shall be entitled to
recover such substitute Agreement from the person to whom it was delivered or any
other person who receives delivery thereof, except a bona fide purchaser, and shall be
entitled to recover upon the security or indemnity provided therefor or otherwise to the
extent of any loss, damage, cost or expense incurred by the City and the Registrar in
connection therewith.
ARTICLE 4
REPRE~ENTA'I'iONS ~uND WARRANTIF~
SECTION 4.1 Representations and Warranties of the City. The City makes
the following representations and warranties:
of the State.
(a) The City is a body politic and corporate and a political subdivision
Co) The City has the necessary power and authority to acquire the
Development Rights, to enter into this Agreement, to perform and observe the covenants
and agreements on its part contained in this Agreement and to carry out and consummate
all transactions contemplated hereby. By proper action, the City has duly authorized the
execution and delivery of this Agreement.
(c) This Agreement has been duly and properly authorized, executed,
sealed and delivered by the City, constitutes the valid and legally binding obligation of
the City, and is enforceable against the City in accordance with its terms.
(d) There are no proceedings pending or, to the knowledge of the City,
threatened before any court or administrative agency which may affect the authority of
the City to enter into this Agreement.
SECTION 4.2 Representations and Warranties of the Sell.er. The Seller
makes the following representations and warranties:
7
(a) The Seller has full power and authority to execute and deliver this
Agreement and the Deed of Easement, and to incur and perform the obligations provided
for herein and therein. No consent or approval of any person or public authority or
regulatory body is required as a condition to the validity or enforceability of this
Agreement or the ~ of Easement, or, if required, the same has been duly obtained.
(b) This Agreement and the Deed of l~ment have been duly and
properly executed by the Seller, constitute valid and legally binding obligations of the
Seller, and are fully enforceable against the Seller in accordance with their respective
terms.
(c) There is no litigation or proceeding pending or, so far as the Seller
knows, threatened before any court or administrative agency which, in the opinion of the
Seller, will materially adversely affect the authority of the Seller to enter into, or the
validity or enforceability of, this Agreement or the Deed of Easement.
(d) There is (i) no provision of any existing mortgage, indenture,
contract or agreement binding on the Seller or affecting the Land, and (ii) to the
knowledge of the Seller, no provision of law or order of court binding upon the Seller
or affecting the Land, which would conflict with or in any way prevent the execution,
delivery, or performance of the terms of this Agreement or the ~ of l:~_sement, or
which would be in default or violated as a result of such execution, delivery or
performance, or for which adequate consents, waivers or, if necessary, releases or
subordinations, have not been obtained.
(e) There exist no liens, security interests or other encumbrances on
or with respect to the Land (other than Permitted Encumbrances), and at the time of
execution and delivery of the Deed of Easement there will be no liens, security interests
or other encumbrances of the Development Rights to be conveyed thereby.
(f) The Seller is not a nonresident alien of the United States of
America for purposes of federal income taxation.
(g) The Social Security Numbers of the Seller are 224-50-3921 (for
Alvah L. Dawley), 230-66-5222 (for W. Arnold Dawley) and 230-74-3902 (for Patsy
D. Flora).
The representations in subsections (O and (g) above are made under penalties of perjury
and the information contained therein may be disclosed by the City to the Internal
Revenue Service. The Seller acknowledges that any false statement in such subsections
could be punished by fine, imprisonment or both.
PROVISIONS RELATING TO EXCLUSION
OF INTERF,~ FROM INCOME FOR FEDERAL INCOME TAXATION
S~ON 5.1 Intent of Ci_ty and Tax Covenant of City. The City intends
that the interest payable under this Agreement shall not be includable-in the gross income
of the Re~stered Owner for purposes of federal income taxation pursuant to Section 103
of the Code. Accordingly, the City shah not knowingly take or permit to be taken any
other action or actions or omit or fail to take any action, which would cause this
Agreement to be an 'arbitrage bond" within the meaning of Section 148 of the Code, or
which would otherwise cause interest payable under this Agreement to become includable
in the gross income of any Registered Owner for purposes of federal income taxation.
S~ON 5.2 Acknowled_~ment of Seller with Re_~ard to Tax
Conseo_uences of Transaction. The Seller has received an opinion from Kaufman &
Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing
laws, regulations, rulings and decisions, interest payable under this Agreement is not
includable in the gross income of the Seller for federal income tax purposes, which
opinion assumes continuous compliance with certain covenants in the Tax Certificate and
Compliance Agreement to be executed ~ delivered by the City on the date of delivery
of this Agreement and is otherwise limited in accordance with its terms. The Seller
acknowledges that Seller has made Seller's own independent investigation and has
consulted with such attorneys, accountants and others as the Seller shall have selected in
the Seller's sole discretion to advise the Seller with respect to all other tax considerations
related to the transaction contemplated hereby (including, but not limited to, installment
sales treatment under Section 453 of the Code, charitable contribution deductions under
Section 170 of the Code, and federal estate tax implications); and the Seller certifies that
the Seller has not looked to or relied upon the City or any of its officials, agents or
employees, or to Bond Counsel, with respect to any of such matters.
ARTICLE 6
S~ON 6.1 A__t~ointment of Re_~istrm'. First Union National Bank of
Virginia is hereby designated and appointed to act as Registrar for this Agreement.
SEC~ON 6.2 Ownersh~ of A_~reemer~t. The Registrm', in its individual
capacity or as trustee for holders of participation interests in this Agreement, may in
good faith buy, sell, own and hold this Agreement, and may join in any action which any
Registered owner may be entitled to take with like effect as if it did not act as Registrar
hereunder. The Registrar, in its individual capacity, either as principal or agent, may
also engage, or have an interest, in any financial or other transaction with the City, and
9
may act aS depository, trustee or agent for other obligations of the City as freely as if it
did not act in any capacity hereunder.
SECWION 6.3 Removal of Registrar and Appointment of Succe_-s~v~-
gtlgll~. The City shall have the right, subject to the terms of any agreement with the
Registrar, to remove the Registrar any time by filing with such Registrar to be removed,
and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing,
such removal shall not be effective until a successor Registrar has assumed the
Registrar's duties hereunder. The City shall have the sole right to select a successor
Registrar.
SECTION 6.4 Oualifications of Successor Re~,istrnr. Any successor
Registrar shall be either (a) the Department of Finance of the City, (b) an officer or
employee of the City, or (c) a bank, trust company or other financial institution duly
organized under the laws of the United States or any state or territory thereof which is
authorized by law and permitted under the laws of the State to perform all the duties
imposed upon it a~ Registrar by this Agreement.
sECTIoN 6.5 Successor by Merger or Consolidation. If the Registrar is
a bank, trust company or other financial institution, any institution or corporation into
which the RegislJ~ hereunder may be merged or converted or with which it may be
consolidated, or any corporation resulting from any merger or consolidation to which the
Registrar hereunder shall be a party or any institution or corporation succeeding to the
corporate trust business (if any) of the Registrar, shall be the successor Registrar under
this Agreement, without the execution or filing of any paper or any further act on the
part of the parties hereto, anything in this Agreement to the contrary notwithstanding.
ARTICLE 7
I~SC~-I.LANEOUS
SECTION 7.1 Successors of City. In the event of the dissolution of the
City, all the covenants, stipulations, promises and agreements in this Agreement
contained, by or on behalf of, or for the benefit of, the City, the Seller, any other
Registered Owner and the Registrar, shall bind or inure to the benefit of the successors
of the City from time to time and any entity, officer, board, commission, agency or
instrumentality to whom or to which any power or duty of the City shall be transferred.
SECTION 7.2 Parties in Interest. Except as herein otherwise specifically
provided, nothing in this Agreement expressed or implied is intended or shall be
construed to confer upon any person, firm or corporation, other than the City, the Seller,
any other Registered Owner and the Registrar, any right, remedy or claim under or by
reason of this Agreement, this Agreement being intended to be for the sole and exclusive
10
benefit of the City, the Seller, any other Registered Owner from time to time of this
Agreement and the Registrar.
SECTION 7.3 th ~.. This A..gr~..ent shall be binding upon and
inure to the benefit of · pames hereto, their respec~ve heirs, personal representatives,
successors and assigns, including, without limitation, all Registered Owners from time
to time of this Agreement.
SECTION 7.4 ~:ill~. In case any one or more of the provisions of
this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or
invalidity shah not affect any other provisions of this Agreement and this Agreement
shah be construed and enforced as if such illegal or invalid provisions had not been
contained herein or therein.
SECTION 7.5 Prior A_~reements Cancelled: No Merger. This Agreement
shall completely and fully supersede all other prior agreements, both written and oral,
between the City and the Seller rehting to the acquisition of the Development Rights.
Neither the City nor the Seller shall hereafter have any rights under such prior
agreements but shall look solely to this Agreement and the Deed of Easement for
definitions and determination of all of their respective fights, liabilities and
responsibilities relating to the Land, the Development Rights and the payment for the
Development Rights. In addition, this Agreement shall survive the execution and
recording of the Deed of Easement in all respects and shall not be merged therein.
SECTION 7.6 Amendments. Changes and Modifi~onq. This Agreement
may not be amended, changed, modified, altered or terminated except by an agreement
in writing between the City and the then Registered Owner. An executed counterpart of
any such amendment shall be attached to this Agreement and shall be binding upon such
Registered Owner and all successor Registered Owners.
SECTION 7.7 No Personal Liabili_ty of Ci_ty Official.~. No covenant or
agreement contained in this Agreement shall be deemed to be the covenant or agreement
of any official, officer, agent or employee of the City in his or her individual capacity,
and neither the officers or employees of the City nor any official executing this
Agreement shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the issuance thereof.
SEC~ON 7.8 Governing Law. The laws of the State shall govern the
construction and enforcement of this Agreement.
S~ON 7.9 Notices. Except as otherwise provided in this Agreement,
all notices, demands, requests, consents, approvals, certificates or other communications
required under this Agreement to be in writing shall be sufficiently given and shall be
deemed to have been properly given three Business Days after the same is mailed by
11
certified mail, postage prepaid, return receipt requested, addressed to the person to whom
any such notice, demand, request, approval, certifi~ or other communication is to be
given, at the address for such person designated below:
City:
City Manager
Municipal Center
Virginia Beach, VA 23456
with a copy to:
City Attorney
Municipal Center
Virginia Beach, VA
23456
Alvah L. Dawley
2413 Indian River Road
Virginia Beach, Virginia 23456
W. Arnold Dawley
1480 Princess Anne Road
Virginia Beach, Virginia
23456
Patsy D. Flora
2397 Indian River Road
Virginia Beach, Virginia
23456
Registrar:
First Union National Bank of Virginia
Corporate Trust Department
2nd Floor
901 ~:~st Cary Street
Richmond, Virginia 23219
Any of the foregoing may, by notice given hereunder to each of the others, designate any
further or different addresses to which subsequent notices, demands, requests, consents,
approvals, certificates or other communications shall be sent hereunder.
S~ON 7.10 Holidays. If the date for making any payment or the last
date for performance of any act or the exercising of any right, as provided in this
Agreement, shall not be a Business Day, such payment may, unless otherwise provided
in this Agreement, be made or act performed or right exercised on the next succeeding
Business Day with the same force and effect as if done on the nominal date Provided in
this Agreement, and in the case of payment no interest shall accrue for the period after
such nominal date.
12
WlTNF~ th~ signatures and ~ of tl~ parties hereto u of the date first above
writtea.
[CITY'S SEAL]
CITY OF VIRGINIA BEACH, VIRGINIA
ATTEST: By:
lames K. Spore, City Manager
City Clerk
Alvah L. Dawley
.(SEAL)
W. Arnold Dawley
Patsy D. Flora
Approved for Legal
Sufficiency this
day of ,199_.
Deputy City Attorney
Approved for Sufficiency of
Funds:
Director, Department of Fis~nce
13
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged b~for~ me in thc City of
, Virginia, this ~ day of ,
19__, by James K. Spore, City Manager of the City of Virginia Beach, Virginia, and
attested to by , City Clerk of the City of Virginia Beach,
Virginia, on its behalf.
($F_~L)
My Commission Expires:
Notary Public
COlVBvlONWEALTH OF V'IRG]NIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of
, Virginia, this day of ,
by , of
, a , on its behalf.
(SEAL)
My Commission Expires:
Notary Public
14
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing
instrument wu acknowledged before me in the City of
, Virginia, this ~ day of ,
, of
, a , on its behalf.
(SEAL)
My Commission Expires:
Notary Public
COMMONWEALTI-I OF VIRGINIA
AT LARGE, to-wit:
The foregoing
19~, by
instrument was acknowledged before me in the City of
, Virginia, this day of ,
, of
, a , on its behalf.
(SEAL)
My Commission Expires:
Notary Public
15
This instrument wns prepared by
Virginia Beach City Attorney's Office
Exemption Claimed: § 58.1-811(A)(3) § 58.1-811(C)(4)
DEED OF EASEMENT
EXHIBIT "A"
THIS DEED OF EASEMENT is made this __ day of ,1996,
by and between WILLIAM ARNOLD DAWLEY and DONNA W. DAZEY, his wife;
PATSY D. FLORA and W. WARD FLORA, her husband; and ALVAH L. DAWLEY
and ROSE H. ~, his wife (collectively, the "Grantor"), and CITY OF
VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of
Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia
23456, Grantee.
RECITALS
WHEREAS, pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City
adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix l
to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to
promote and encourage the preservation of agricultural land in designated areas within
the southern portion of the City; and
WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City
has established the Agricultural Reserve Program of the City which provides for the
acquisition of development rights through the purchase of agricultural land preservation
easements with respect to property located in the portions of the City covered by the
Ordinance; and
WHEREAS, the Grantor is the owner in fee simple of certain agricultural real
property located in the City and more particularly described in Exhibit A hereto (the
"Land"); and
WIqF~S, the Land is located in that portion of the City subject to the
Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and
WI-~REAS, the Grantor has agreed to sell to the City the Grantor's Development
Rights (hereinafter defined) in the Land by executing and delivering this Deed of
Easement and thereby restrict the use of the Land as described herein; and
GPIN's
Parcel One - 1492-96-7006, Parcel Two - 2402-48-2614,
Parcel Three- 1492-99-5102, Pan:el Four- 1492-97-3291 and
Parcel Five - 2402-39-4953
WHEREAS, the City has agreed to purchase the Grantor's Development Rights
in the Land to fulfill the policy and purposes of the City as set forth in the Act and the
Ordinance; and
WHEREAS, the transfer by the Grantor of the Development Rights in the Land
shall be in perpetuity; and
WHEREAS, in order to provide for the payment of the purchase price for the
rights in the Land created hereby, the Grantor and the City have entered into an
Ins~llment Purchase Agreement of even date herewith (the "Installment Purchase
Agreement ");
GRANT
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS
($10.00), the covenants and promises contained herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and
assigns, and for any subsequent owner of the Land does hereby grant and convey, with
general warranty and English covenants of title, unto the City, and its successors and
assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over
and with respect to the I_and restricting the Land to Agricultural Use and in furtherance
thereof, does hereby grant and convey, with general warranty and English covenants of
ritle, to the City, and its successors and assigns, forever and in perpetuity, all of the
Development Rights with respect to the Land.
TERMS, COVENANTS. CONDITIONS AND A~REEMENT$
A. The Grantor for Grantor, Grantor's heirs, personal representatives,
devisees, successors and assigns covenants with the City, (1) to refrain from engaging
in any act or activity, or permitting to occur or suffering to exist any act or activity upon
the Land which would constitute the exercise of a Development Right or a use other than
an Agricultural Use, it being the intention of the parties that the Land shall be preserved
for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this
Deed of Easement shall create a perpetual easement, running with the Land and all
portions thereof as an incorporeal and nonpossessory interest therein, enforceable against
the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or
any portion of the Land and any other person or entity having any right, title or interest
therein and upon their respective heirs, personal representatives, devisees, successors and
assigns; and (3) that the covenants, conditions, limitations and restrictions contained
herein are intended to limit the use of the Land as herein set forth.
B. The parties, for themselves, their heirs, personal representatives, devisees,
successors and assigns, further covenant and agree as follows:
(1) As used in this Deed of Easement the term 'Development Rights"
shall mean the right to develop the Land for any use, including without limitation, any
commercial, industrial or residential use, other than for Agricultural Use.
(2) As used in this Deed of Easement the term "Agricultural Use"
means (i) the bona fide production of crops, animal or fowl, including, but not limited
to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products,
the mi.sing of livestock and poultry, and the production and harvest of products from
horticultural, silvicultural or aquacultural activity, (ii)the repair, expansion or
replacement of no more than one (1) bona fide dwelling occupied by the landowner or
tenant as of the date of application for entry in the Agricultural Reserve Program and no
more than one freestanding mobile home, as permitted by Section 19-19 of the City
Code, and ('fii) accessory uses directly related to agricultural activities conducted on the
same property, including the sale of agricultural products as permitted by Section 401 of
the City Zoning Ordinance. The term does not include the processing of agricultural,
silvicultural, horticultural or aquacultural products, except as an accessory use.
(3) This Deed of l=~ment does not grant the public any right of entry
or access or any rights of use of the Land.
(4) THIS EASEMF2qT SHALL EXIST IN PERPETUITY AND RUN
WITH THE ENTIRE ACREAGE OF THE LAND.
(5) The purpose of this Dee//of Easement shall be to (i) promote and
encourage the preservation of farmland, and promote and enhance agriculture as an
important industry within the City, (fi) preserve the rural character of the southern part
of the City, C~fi) conserve and protect environmentally sensitive lands, waters and other
resources, (iv) reduce and defer the need for major infrastructure improvements in the
southern part of the City and the expenditure of public funds for such improvements,
(v) preserve open spaces, and (vi) assist in shaping the character, direction and timing
of community development.
(6) In the event of a violation or attempted violation of any of the
provisions hereof, the City and its successors and assigns, may institute and prosecute
any proceeding at law or in equity to enforce the provisions hereof or to abate, prevent
or enjoin any such violation or attempted violation.
WITNESS, the hand and seal of the Grantor as of the date first above written.
Anything herein to the contrary notwithstanding, Donna W. Dawley, W. Ward Flora and
Rose H. Dawley, execute this Deed of Namment for the sole purpose of consenting to
the conveyance of and releasing any marital or augmented estate interest in the easement
and rights ~t forth herein.
3
GRANTOR:
William Arnold Dawley
.(SEAL)
Donna W. Dawley
.(SEAL)
Patsy D. Flora
(SEAL)
W. Ward Flora
(SEAL)
Alvah L. Dawley
(SEAL)
Rose H. Dawley
(SEAL)
COMMONWF.,ALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the
, Virginia, this day of
1996, by William Arnold Dawley and Donna W. Dawley, his wife, Grantor.
City
of
(SEAL)
My Commission Expires:
Notary Public
4
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me
, Virginia, this day of
1996, by Patsy D. Flora and W. Ward Flora, her husband, Grantor.
in the
City
of
(SEAL)
My Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me
, Virginia, this ~ day of
1996, by Alvah L. Dawley and Rose H. Dawley, his wife, Grantor.
in the
City
of
(SEAL)
My Commission Expires:
Notary Public
5
EXHIBIT A
PARCEL ONE;
ALL THAT certain piece or parcel of land, containing 223.89 Acres,
together with all improvements thereon and the appurtenances thereunto
appertaining, lying, situate and being in the Princess Anne Borough of the
City of Virginia Beach, Virginia, and shown and designated as "223.89
AC." on that certain plat of survey entitled "Survey of Part of Property
of Walter L. West Estate, West Neck, Princess Anne Borough, Virginia
Beach, Va., Scale 1" -- 200', May 25, 1973, Revised January 2, 1974",
and made by Bruce B. Gallup, Surveyor, which said plat of survey is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 102, at page 3, reference to which plat is
hereby made for a more particular description.
IT BEING a part of the same property conveyed to W. Marvin Dawley
and Lucille F. Dawley, husband and wife, (50%), as tenants by the
entirety with the right of survivorship as at common law, and Alvah L.
Dawley (50%), as tenants in common, from M. Bonney Flanagan, Jr., et
ux, et al, by deed dated January 28, 1974, duly recorded in the aforesaid
Clerk's Office in Deed Book 1400, at page 353. Upon the death of W.
Marvin Dawley on January 27, 1987, as evidenced by his will recorded
in the aforesaid Clerk's Office in Will Book 72, at page 77, his interest
in said property passed to Lucille F. Dawley by reason of survivorship.
Lucille F. Dawley died April 21, 1990, and by her will recorded in the
aforesaid Clerk's Office in Will Book 77, at page 1717, she devised her
interest in said property to William Arnold Dawley (25 %) and Patsy D.
Flora (25 %).
PARCEL TWO:
ALL THAT certain tract or parcel of land situate in the City of Virginia
Beach, Virginia, known, designated and described as Twenty (20) Acres,
more or less, shown on a plat entitled "Subdivision of a Portion of
Linwood Creekmore Property (D.B. 401, P.251) for George S. Dawley,
Princess Anne Borough, Virginia Beach, Virginia", dated February, 1983,
duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 168, at page 31.
IT BEING a part of the same property conveyed to Alvah L. Dawley
(50%) and W. Marvin Dawley (50%) from Linwood Creekmore, et ux,
by deed dated June 24, 1983, duly recorded in the aforesaid Clerk's
Office in Deed Book 2266, at page 257. W. Marvin Dawley died January
6
27, 1987, and pursuant to his will recorded in the aforesaid Clerk's Office
in Will Book 72, at page 77, William Arnold Dawley and Patsy D. Flora,
the Co-Executors of his estate conveyed his interest in the aforesaid
property to William Arnold Dawley and Patsy D. Flora, Co-Trustees of
Trust B u/w/o William Marvin Dawley, deceased, by deed dated
December 28, 1989, duly recorded in the aforesaid Clerk's Office in Deed
Book 2881, at page 1470. William Arnold Dawley and Patsy D. Flora,
Co-Trustees of Trust B u/w/o William Marvin Dawley, deceased,
subsequently conveyed the aforesaid property to William Arnold Dawley
(25%) and Patsy D. Flora (25%) by deed dated November 14, 1990, duly
recorded in the aforesaid Clerk's Office in Deed Book 2953, at page
1836.
PARCEL THREE:
ALL THAT certain tract, piece and parcel of land with the buildings and
improvements thereon, situated in the City of Virginia Beach (formerly
West Neck, Seaboard Magisterial District, in the County of Princess
Anne), Virginia, containing one hundred (100) acres, more or else,
bounded and described as follows, to-wit: On the North by the lands now
or formerly of John H. Foster; on the East by West Neck Road( formerly
by the Main Public Road); on the south by the lands now or formerly of
Wallace D. Fisher (formerly George W. Capps); and on the West by the
lands now or formerly of Whitehurst and Brother.
IT BEING a part of the same property conveyed to George S. Dawley
from F. E. Kellam, Substitute Trustee, by deed dated November 10,
1931, duly recorded in the aforesaid Clerk's Office in Deed Book 165, at
page 595. George Shepard Dawley, a/k/a George S. Dawley, died May
11, 1969, any by his will duly recorded in the aforesaid Clerk's Office in
Will Book 34, at page 437, he devised the aforesaid property to his sons,
William Marvin Dawley (50%) and Alvah Land Dawley (50%), subject
to a life estate in favor of his widow Maude Victoria Dawley. Maude
Victoria Dawley died August 31, 1971, extinguishing said life estate. W.
Marvin Dawley died lanuary 27, 1987, and pursuant to his will recorded
in the Clerk's Office in Will Book 72, at page 77, William Arnold
Dawley and Patsy D. Flora, the Co-Executors of his estate conveyed his
interest in the aforesaid property to William Arnold Dawley and Patsy D.
Flora, Co-Trustees of Trust B u/w/o William Marvin Dawley, deceased,
by deed dated December 28, 1989, duly recorded in the aforesaid Clerk's
Office in Deed Book 2881, at page 1470. William Arnold Dawley and
Patsy D. Flora, Co-Trustees of Trust B u/w/o William Marvin Dawley,
deceased, subsequently conveyed the aforesaid property to William Arnold
Dawley (25%) and Patsy D. Flora (25%) by deed dated November 14,
7
IT BEING, in part, a part of the same property conveyed to George S.
Dawley from F. F. Priest, et ux, by deed dated January 12, 1944, duly
recorded in the aforesaid Clerk's Office in Deed Book 220, at page 580,
and in part, a part of the same property conveyed to George S. Dawley
from Mattie S. Foster, et vir, et al, by deed dated September 10, 1918,
duly recorded in the aforesaid Clerk's Office in Deed Book 105, at page
39. George Shepard Dawley, a/k/a George S. Dawley died May 11,
1969, any by his will duly recorded in the aforesaid Clerk's Office in Will
Book 34, at page 437, he devised the aforesaid property to his sons,
William Marvin Dawley (50%) and Alvah Land Dawley (50%), subject
to a life estate in favor of his widow Maude Victoria Dawley. Maude
Victoria Dawley died August 31, 1971, extinguishing said life estate. W.
Marvin Dawley died January 27, 1987, and pursuant to his will recorded
in the aforesaid Clerk's Office in Will Book 72, at page 77, William
Arnold Dawley and Patsy D. Flora, the Co-Executors of his estate
conveyed his interest in the aforesaid property to William Arnold Dawley
and Patsy D. Flora, Co-Trustees of Trust B u/w/o William Marvin
Dawley, deceased, by deed dated December 28, 1989, duly recorded in
the aforesaid Clerk's Office in Deed Book 2881, at page 1470. William
Arnold Dawley and Patsy D. Flora, Co-Trustees of Trust B u/w/o
William Marvin Dawley, deceased, subsequently conveyed the aforesaid
property to William Arnold Dawley (25%) and Patsy D. Flora (25%) by
deed dated November 14, 1990, duly recorded in the aforesaid Clerk's
Office in Deed Book 2953, at page 1836.
LESS AND EXCEPT all portions of the above-described PARCEL ONE,
PARCEL TWO, PARCEL THREE, PARCEL FOUR and PARCEL
FIVE, if any, which contain any of the following soil types: (1) Back Bay
'Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4)
Pamlico Mucky Peat, Ponded.
LESS AND EXCEPT that certain tract, piece or parcel being a portion of
the above described property designated and described as "#" as shown on
that certain plat entitled: "#", Scale #" = #', dated #, prepared by #,
which plat is intended to be recorded simultaneously herewith.
9
1990, duly recorded in the aforesaid Clerk's Office in Deed Book 2953,
at page 1836.
PARCEL FOUR:
PARCEL ONE: Being bounded on the east by the lands now or formerly
of Walter West and the lands formerly belonging to William Fisher, on
the South and West by the lands now or formerly of Walter West and on
the North by the lands now or formerly of Shep Dawley, containing Five
(5) acres, more or less.
PARCEL TWO: Being bounded on the East by the lands now or formerly
of Walter West and the lands formerly belonging to Fisher, on the South
by the lands now or formerly of Walter West, on the North by the lands
now or formerly of Osie S. Flanagan and John T. Flanagan, and on the
West by the lands now or formerly of Walter West, containing Five (5)
acres, more or less, said property being a pan of the property formerly
known as the Bustons Tract.
IT BEING a pan of the same property conveyed to W. Marvin Dawley
and Lucille F. Dawley, husband and wife (50%), as tenants by the entirety
with the right of survivorship as at common law, and Alvah L. Dawley
(50%), as tenants in common, from Conwin Corporation, a Virginia
corporation, by deed dated March 15, 1976, duly recorded in the
aforesaid Clerk's Office in Deed Book 1551, at page 737. Upon the death
of W. Marvin Dawley on January 27, 1987, as evidenced by his will
recorded in the aforesaid Clerk's Office in Will Book 72, at page 77, his
interest in said property passed to Lucille F. Dawley by reason of
survivorship. Lucille F. Dawley died April 21, 1990, and by her will
recorded in the aforesaid Clerk's Office in Will Book 77, at page 1717,
she devised her interest in said property to William Arnold Dawley (25%)
and Patsy D. Flora (25 %).
PARCEL FIVE;
ALL THAT certain tract, piece or parcel of land, situate, lying and being
in the City of Virginia Beach, virginia, being designated and described as
"PARCEL A, 243.76 AC_..+" as shown on that certain plat entitled:
"SURVEY OF PROPERTY OF GEORGE S. DAWLEY ESTATE, D.B.
102, P. 517, D.B. 105, P. 39, M.B.3, P. 19, PRINCESS ANNE
BOROUGH, VIRGINIA BEACH, VA.", Scale 1" = 200', dated
December 22, 1976, prepared by Gallup Surveying Ltd., which plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 126, at page 35-A.
8
EXHIBIT "B"
pARCEL ONE :.
ALL THAT certain piece or parcel of land, containing
223.89 Acres, together with all improvements thereon
and the appurtenances thereunto appertaining, lying,
situate and being in the Princess Anne Borough of the
City of Virginia Beach, Virginia, and shown and
designated as "223.89 AC." on that certain plat of
survey entitled "Survey of Part of Property of Walter
L. West Estate, West Neck, Princess Anne Borough,
Virginia Beach, Va., Scale 1" = 200', May 25, 1973,
Revised January 2, 1974", and made by Bruce B. Gallup,
Surveyor, which said plat of survey is recorded in the
Clerk's office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 102, at page 3,
reference to which plat is hereby made for a more
particular description.
IT BEING a part of the same property conveyed to W.
Marvin Dawley and Lucille F. Dawley, husband and wife,
(50%), as tenants by the entirety with the right of
survivorship as at common law, and Alvah L. Dawley
(50%), as tenants in common, from M. Bonney Flanagan,
Jr., et ux, et al, by deed dated January 28, 1974, duly
recorded in the aforesaid Clerk's Office in Deed Book
1400, at page 353. Upon the death of W. Marvin Dawley
on January 27, 1987, as evidenced by his will recorded
in the aforesaid Clerk's Office in Will Book 72, at
page 77, his interest in said property passed to
Lucille F. Dawley by reason of survivorship. Lucille
F. Dawley died April 21, 1990, and by her will recorded
in the aforesaid Clerk's Office in Will Book 77, at
page 1717, she devised her interest in said property to
William Arnold Dawley (25%) and Patsy D. Flora (25%).
p~%RCEL TWO:
ALL THAT certain tract or parcel of land situate in the
City of Virginia Beach, Virginia, known, designated and
described as Twenty (20) Acres, more or less, shown on
a plat entitled "Subdivision of a Portion of Linwood
Creekmore Property (D.B. 401, P.251) for George S.
Dawley, Princess Anne Borough, Virginia Beach,
Virginia", dated February, 1983, duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 168, at page 31.
IT BEING a part of the same property conveyed to Alvah
L. Dawley (50%) and W. Marvin Dawley (50%) from Linwood
Creekmore, et ux, by deed dated June 24, 1983, duly
recorded in the aforesaid Clerk's Office in Deed Book
2266, at page 257. W. Marvin Dawley died January 27,
1987, and pursuant to his will recorded in the
aforesaid Clerk's Office in Will Book 72, at page 77,
William Arnold Dawley and Patsy D. Flora, the Co-
Executors of his estate conveyed his interest in the
aforesaid property to William Arnold Dawley and Patsy
D. Flora, Co-Trustees of Trust B u/w/o William Marvin
Dawley, deceased, by deed dated December 28, 1989, duly
recorded in the aforesaid Clerk's Office in Deed Book
2881, at page 1470. William Arnold Dawley and Patsy D.
Flora, Co-Trustees of Trust B u/w/o William Marvin
Dawley, deceased, subsequently conveyed the aforesaid
property to William Arnold Dawley (25%) and Patsy D.
Flora (25%) by deed dated November 14, 1990, duly
recorded in the aforesaid Clerk's Office in Deed Book
2953, at page 1836.
PARCEL THREE:
ALL THAT certain tract, piece and parcel of land with
the buildings and improvements thereon, situated in the
City of Virginia Beach (formerly West Neck, Seaboard
Magisterial District, in the County of Princess Anne),
Virginia, containing one hundred (100) acres, more or
else, bounded and described as follows, to-wit: On the
North by the lands now or formerly of John H. Foster;
on the East by West Neck Road( formerly by the Main
Public Road); on the south by the lands now or formerly
of Wallace D. Fisher (formerly George W. Capps); and on
the West by the lands now or formerly of Whitehurst and
Brother.
IT BEING a part of the same property conveyed to George
S. Dawley from F. E. Kellam, Substitute Trustee, by
deed dated November 10, 1931, duly recorded in the
aforesaid Clerk's Office in Deed Book 165, at page 595.
George Shepard Dawley, a/k/a George S. Dawley, died May
11, 1969, any by his will duly recorded in the
aforesaid Clerk's Office in Will Book 34, at page 437,
he devised the aforesaid property to his sons, William
Marvin Dawley (50%) and Alvah Land Dawley (50%),
subject to a life estate in favor of his widow Maude
Victoria Dawley. Maude Victoria Dawley died August 31,
1971, extinguishing said life estate. W. Marvin Dawley
died January 27, 1987, and pursuant to his will
recorded in the Clerk's Office in Will Book 72, at page
77, William Arnold Dawley and Patsy D. Flora, the Co-
Executors of his estate conveyed his interest in the
aforesaid property to William Arnold Dawley and Patsy
D. Flora, Co-Trustees of Trust B u/w/o William Marvin
Dawley, deceased, by deed dated December 28, 1989, duly
recorded in the aforesaid Clerk's Office in Deed Book
2881, at page 1470. William Arnold Dawley and Patsy D.
Flora, Co-Trustees of Trust B u/w/o William Marvin
Dawley, deceased, subsequently conveyed the aforesaid
property to William Arnold Dawley (25%) and Patsy D.
Flora (25%) by deed dated November 14, 1990, duly
recorded in the aforesaid Clerk's Office in Deed Book
2953, at page 1836.
~ARCEL FOUR:
PARCEL ONE: Being bounded on the east by the lands now
or formerly of Walter West and the lands formerly
belonging to William Fisher, on the South and West by
the lands now or formerly of Walter West and on the
North by the lands now or formerly of Shep Dawley,
containing Five (5) acres, more or less.
PARCEL TWO: Being bounded on the East by the lands now
or formerly of Walter West and the lands formerly
belonging to Fisher, on the South by the lands now or
formerly of Walter West, on the North by the lands now
or formerly of Osie S. Flanagan and John T. Flanagan,
and on the West by the lands now or formerly of Walter
West, containing Five (5) acres, more or less, said
property being a part of the property formerly known as
the Bustons Tract.
IT BEING a part of the same property conveyed to W.
Marvin Dawley and Lucille F. Dawley, husband and wife
(50%), as tenants by the entirety with the right of
survivorship as at common law, and Alvah L. Dawley
(50%), as tenants in common, from Conwin Corporation,
a Virginia corporation, by deed dated March 15, 1976,
duly recorded in the aforesaid Clerk's Office in Deed
Book 1551, at page 737. Upon the death of W. Marvin
Dawley on January 27, 1987, as evidenced by his will
recorded in the aforesaid Clerk's Office in Will Book
72, at page 77, his interest in said property passed to
Lucille F. Dawley by reason of survivorship. Lucille
F. Dawley died April 21, 1990, and by her will recorded
in the aforesaid Clerk's Office in Will Book 77, at
page 1717, she devised her interest in said property to
William Arnold Dawley (25%) and Patsy D. Flora (25%).
pARCEL FIVE
ALL THAT certain tract, piece or parcel of land,
situate, lying and being in the City of Virginia Beach,
virginia, being designated and described as "PARCEL A,
243.76 AC±" as shown on that certain plat entitled:
"SURVEY OF PROPERTY OF GEORGE S. DAWLEY ESTATE, D.B.
102, P. 517, D.B. 105, P. 39, M.B.3, P.19, PRINCESS
ANNE BOROUGH, VIRGINIA BEACH, VA.", Scale 1" ~ 200',
dated December 22, 1976, prepared by Gallup Surveying
Ltd., which plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 126, at page 35-A.
IT BEING, in part, a part of the same property conveyed
to George S. Dawley from F. F. Priest, et ux, by deed
dated January 12, 1944, duly recorded in the aforesaid
Clerk's Office in Deed Book 220, at page 580, and in
part, a part of the same property conveyed to George S.
Dawley from Mattie S. Foster, et vir, et al, by deed
dated September 10, 1918, duly recorded in the
aforesaid Clerk's Office in Deed Book 105, at page 39.
George Shepard Dawley, a/k/a George S. Dawley died May
11, 1969, any by his will duly recorded in the
aforesaid Clerk's Office in Will Book 34, at page 437,
he devised the aforesaid property to his sons, William
Marvin Dawley (50%) and Alvah Land Dawley (50%),
subject to a life estate in favor of his widow Maude
Victoria Dawley. Maude Victoria Dawley died August 31,
1971, extinguishing said life estate. W. Marvin Dawley
died January 27, 1987, and pursuant to his will
recorded in the aforesaid Clerk's Office in Will Book
72, at page 77, William Arnold Dawley and Patsy D.
Flora, the Co-Executors of his estate conveyed his
interest in the aforesaid property to William Arnold
Dawley and Patsy D. Flora, Co-Trustees of Trust B u/w/o
William Marvin Dawley, deceased, by deed dated December
28, 1989, duly recorded in the aforesaid Clerk's Office
in Deed Book 2881, at page 1470. WilliamArnold Dawley
and Patsy D. Flora, Co-Trustees of Trust B u/w/o
William Marvin Dawley, deceased, subsequently conveyed
the aforesaid property to William Arnold Dawley (25%)
and Patsy D. Flora (25%) by deed dated November 14,
1990, duly recorded inthe aforesaid Clerk's Office in
Deed Book 2953, at page 1836.
LESS AND EXCEPT all portions of the above-described
PARCEL ONE, PARCEL TWO, PARCEL THREE, PARCEL FOUR and
PARCEL FIVE, if any, which contain any of the following
soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky
Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat,
Ponded.
LESS AND EXCEPT that certain tract, piece or parcel
being a portion .of the above described property
designated and described as "#" as shown on that
certain plat entitled: "#", Scale #" ~ #', dated #,
prepared by #, which plat is intended to be recorded
simultaneously herewith.
EXHIBIT
pERMITTED ENCUMBRANCES
~S TO ALL PARCELS:
Taxes for the fiscal year 1996/1997 and any/all Stormwater
fees, which are liens not yet due and payable, and taxes and
stormwater fees for all subsequent billing periods.
Roll Back Taxes.
Such other restrictions and encumbrances which, in the opinion
of the City Attorney, do not adversely affect the interest of
the City of Virginia Beach in and to the agricultural land
preservation easement and the rights granted to the City in
the Deed of Easement.
Rights of others in and to the use of any ditches located on
the subject property.
Se
AS TO PARCEL ONE:
Easement granted Virginia Electric and Power Company over the
subject property along West Neck Road, as established,
reserved, shown by instrument recorded in Deed Book 241, Page
302.
Easement granted Virginia Electric and Power Company over the
subject property, as established, reserved, shown by
instrument recorded in Deed Book 243, Page 119.
Boundary Line Agreement recorded in Deed Book 3443, at page
1709.
20' Ingress/Egress easement granted to Union Camp Corporation
for purposes of hauling timber to West Landing Road recorded
in Deed Book 3289, at page 1209.
Easement granted Virginia Electric and Power Company along
private lane shown on plat of the subject property, as
established, reserved, shown by instrument recorded in Deed
Book 297, Page 286.
10.
11.
AS TO PARCEL TWO:
5' Drainage Easement created in Deed Book 63, at page 575.
Riparian rights incident to the subject property.
12.
Rights of others and title to that portion of the subject
property lying below the mean high water mark.
13.
14.
15.
AS TO PI%RCEL THREE:
Easement granted Virginia Electric and Power Company over the
subject property, as established, reserved, shown by
instrument recorded in Deed Book 249, Page 132 and as shown in
Map Book 21, page 53.
Easement granted Virginia Electric and Power Company over the
subject property, as established, reserved, shown by
instrument recorded in Deed Book 241, Page 220 and as shown in
Map Book 19, page 6.
Easement granted Virginia Electric and Power Company along
private lane shown on plat of the subject property, as
established, reserved, shown by instrument recorded in Deed
Book 297, Page 286.
16.
AS TO P~RCEL FOUR:
Rights of others and title to that portion of the subject
property within any road, sheet, highway or alley.
17
18.
19.
20.
AS TO PARCEL FIVE:
Easement granted Virginia Electric and Power Company over the
subject property along part of Indian River Road and part of
West Neck Road, as established, reserved, shown by instrument
recorded in Deed Book 185, Page 511.
Easement granted Virginia Electric and Power Company over the
subject property along West Neck Road, as established,
reserved, shown by instrument recorded in Deed Book 241, Page
220.
Easement granted Virginia Electric and Power Company over the
subject property along Indian River Road, as established,
reserved, shown by instrument recorded in Deed Book 1223, Page
624.
100' drainage easement along Western bank of West Neck Creek
and part of Holland Swamp Drainage Project recorded in Deed
Book 869, at page 127.
ASSIGNMENT
EXI:IIRIT D
FOR VALUE RECEIVF:.r~, and
([collectively,] the 'Registered Owner') hereby sell[si, assign[si and transfer[s] unto
, without recourse, all of the Registered Owner's
right, title and interest in and to the Installment Purchase Agreement to which this
Assignment is attached; and the Registered Owner hereby irrevocably directs the
Registrar (as defined in such Agreement) to transfer such Agreement on the books kept
for registration thereof. The Registered Owner hereby represents, warrants and certifies
that there have been no amendments to such Agreement [except
].
Date:
Signature guaranteed:
NOTICE: Signature must be
guaranteed by a member firrn
the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature on this
Assignment must correspond with of
the name of the Registered Owner
as it appears on the registration
books for the Installment Purchase
Agreement referred to herein in every
particular, without alteration or
enlargement or any change whatever.
19
EXHIBIT E
TRANSFER OF AGREEM~ - SCI-rI=~r)uL~ OF TRANSFER{~-_q
The transfer of this Installment Purchase Agreement may be registered only by
the Registered Owner under such Agreement in person or by its duly authorized officer
or attorney upon presentation hereof to the Registrar, who shall make note thereof in the
books kept for such purpose and in the registration blank below.
Date of
Registration of
Transfer
Name and
Address of
Transferee
Registered Seller
Tax I.D. No.
of Transferee
Signaml'e of Registrar
e
2O
- 29 -
Item V-KI.b.
CONSENT AGENDA
ORDINANCES
ITEM # 4136~
Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize the acquisition of Agriculmral Land Preservation
Easements and the issuance by the City of its contract obligations:
Anne F. Gregory and Katie F. Flanagan Installment Purchase
Agreement No. 1996-2 - $274,093
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis t~ Jones, Mayor Meyera E.
Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
October 29, 1996
1
2
3
4
5
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUMPRINCIPALAMOUNT OF
$274,093
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
Virginia Beach, there has been presented to the City Council for
approval an Installment Purchase Agreement for the acquisition of
the Development Rights(as defined in the Installment Purchase
Agreement, a true copy of which is hereto affixed) on certain
property located in the City and more fully described in Exhibit B
of the Installment Purchase Agreement for a purchase price of
$274,093; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural land
preservation easement, as defined in, and in compliance with, the
requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms and
conditions of the purchase as evidenced bythe Installment Purchase
Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase Agreement,
including the purchase price and manner of payment, are fair and
reasonable and in furtherance of the purposes of the Ordinance, and
the City Manager is hereby authorized to approve, upon or before
the execution and delivery of the Installment Purchase Agreement,
the rate of interest to accrue on the unpaid principal balance of
the purchase price set forth hereinabove as the greater of 6% per
annum or the per annum rate which is equal to the yield on United
States Treasury STRIPS purchased by the City to fund such unpaid
principal balance; provided, however, that such rate of interest
shall not exceed 7.50% unless the approval of the City Council by
resolution duly adopted is first obtained.
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
66
67
68
69
7O
71
72
73
2. The City Council hereby further determines that
funding is available for the acquisition of the Development Rights
pursuant to the Installment Purchase Agreement on the terms and
conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement in the form and substance presented
at this meeting and, subject to the determination of the City
Attorney that there are no defects in title to the property or
other restrictions or encumbrances thereon which may, in the
opinion of the City Attorney, adversely affect the City's
interests, authorizes the City Manager to execute and deliver the
Installment Purchase Agreement in substantially the same form and
substance as presented at this meeting with such minor
modifications, insertions, completions or omissions which do not
materially alter the purchase price or manner of payment, as the
City Manager shall approve. The City Council further directs the
City Clerk to affix the seal of the City to, and attest same on,
the Installment Purchase Agreement. The City Council expressly
authorizes the incurrence of the indebtedness represented by the
issuance and delivery of the Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than pursuant to
the Public Finance Act of 1991 and hereby constitutes the
indebtedness a contractual obligation bearing the full faith and
credit of the City.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 29 day of October , 1996.
CA-96-6463
ordin\noncode\gregory, orn
October 22, 1996
R-1
APPROVED AS TO CONTENT:
~Ficultural Department
2
APPROVED AS TO LEGAL
SUFF~CI~ENCY: ~ ! ~ , //
aw -Department
~ M TO AVAILMlU~ ell I~llDI
ANNE F. GREGORY
KATIE F. FLANAGAN,
the 'Seller"
and
CITY OF VIRGINIA BEACH, VIRGINIA
the "City'
INSTALLMENT PURCHASE AGREEMF_,Kr
(Agreement No. 1996-2)
TABLE OF CONTENTS
(This Table of Contents is not part of the Installment Purchase Agreement and is only for
convenience of reference)
AGR~F-MENTS ....... - ................................. 1
ARTICLE I
DEFINITIONS
SECTION 1.1 Definitions .............................. 1
S~ON 1.2 Rules of Construction ....................... 3
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1 Agreement to Sell and Purchase Development Rights .... 4
SECTION 2.2 Delivery of Deed of Easement .................. 4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECI~ON 3.1 Payment of Purchase Price .................... 4
SECTION 3.2 Registration and Transfer of this Agreement .......... 5
SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement ....... 6
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
S~ON 4.1 Representations and Warranties of the City .......... 7
SECTION 4.2 Representations and Warranties of the Seller ......... 7
Section
ARTICLE
PROVISIONS R~LATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SF, LWION 5.1
SECTION 5.2
Intent of City and Tax Covenant of City ............ 8
Acknowledgment of Seller with Regard to Tax
Consequences of Transaction ................... 9
ARTICLE 6
TI-IE KEGISTRAR
SECTION 6.1
SECTION 6.2
SF, CTION 6.3
sEcrION 6.4
SECWION 6.5
Appointment of Registrar ..................... 9
Ownership of Agreement ..................... 9
Removal of Registrar and Appointment of
Successor Registrar .......................... 9
Qualifications of Successor Registrar ............... 9
Successor by Merger or Consolidation ............. 10
ARTICLE 7
MISCELLANEOUS
S~ON 7.1
SECTION 7.2
SECTION 7.3
SEUrlON 7.4
SECTION 7.5
SECTION 7.6
SECTION 7.7
SECTION 7.8
SECTION 7.9
SECTION 7.10
Successors of City ......................... 10
Parties in Interest .......................... 10
Binding Effect ............................ 10
Severability ...; ......................... 10
Prior Agreements Cancelled; No Merger ............ 11
Amendments, Changes and Modifications ........... 11
No Personal Liability of City Officials ............. 11
Governing Law ........................... 11
Notices ................................ 11
Holidays ............................... 12
Signatures and Seals ..................................... 12
EXHIBIT A -
EXHmIT B -
EXHIBIT C -
EXHIBIT D -
EXHIBIT E -
Form of Deed of Easement
Description of Land
Permitted Encumbrances
Form of Assignment
Transfer of Agreement - Schedule of Transferees
ii
INSTALLMENT PURCHASE
(Agreement No. 1996-2)
THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement') is made
as of the day of ,199_ between ANNE F. GRF~ORY and KATIE F.
FLANAG~ ([collectively,] the "Seller") and CITY OF VIRGINIA BEACH,
VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the 'City").
A. Pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the 'Act'), the City
adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the
preserv~on of agricultural land in designated areas within the southern portion of the
City.
B. In furtherance of the purposes of the Act and the Ordinance, the City
has established the Agricultural Reserve Program of the City which provides for the
acquisition of Development Rights (hereinafter defined in Section 1.1) through the
purchase of agricultural land preservation easements with respect to property located in
the Portions of the City covered by the Ordinance.
C. The Seller is the owner in fee simple of Land (hereinaf~ defined in
Section 1.1) which is located in that Portion of the City subject to the Ordinance and
meets the eligibility criteria of Section 7 of the Ordinance.
D. The Seller has agreed to sell, and the City has agreed to purchase,
Seller's Development Rights in the Land on and subject to the terms and conditions
hereinafter set forth.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements hereinafter set forth, and for other good and valuable
consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller
and the City hereby agree as follows:
ARTICLE 1
DEFINITIONS
SECTION 1.1 Definitions. As used in this Agreement, the following terms
have the following meanings, unless the context clearly indicates a different meaning:
'Agricultural Use' means (i) the bona fide production of crops, animal or fowl,
including, but not limited to, the production of fruits, vegetables, honey, grains, meat,
poultry and dairy products, the raising of livestock and poultry, and the production and
harvest of products from horticultural, silvicultural or aquaculmral activity, (ii)the
repair, expansion or replacement of no more than one (1) bona fide dwelling occupied
by the landowner or tenant as of the date of application for entry in the Agricultural
Reserve Program and no more than one freestanding mobile home, as permitted by
Section 19-19 of the Virginia Beach City Code, and CHi) accessory uses directly related
to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the Virginia Beach City Zoning
Ordinance. The term does not include the processing of agricultural, silvicultural,
horticultural or aquacultural products, except as an accessory use.
'Business Day' or 'business day' means a day on which (a) banks located in the
City and in the city in which the principal office of the Registrar is located are not
required or authorized by law or executive order to close for business, and (b) The New
York Stock Exchange is not closed.
"City" means the City of Virginia Beach, Virginia, a body politic and corporate
and a political subdivision created and existing under and by virtue of the Constitution
and laws of the State, its successors and assigns.
'City Council' means the Council of the City.
'City Manager' means the City Manager of the City.
'Code' means the Internal Revenue Code of 1986, as amended. Each reference
to the Code herein shall be deemed to include the United States Treasury Regulations in
effect or proposed from time to time with respect thereto.
'Deed of Easement" means the Deed of Easement of even date herewith from the
Seller to the City, which shall convey the Development Rights to the City in perpetuity.
The Deed of Easement shall be substantially in the form attached hereto as Exhibit A
and made a part hereof.
'Development Rights' mean the rights of the Seller in the Land to develop the
Land for any use other lhan an Agricultural Use. Development Rights shall include, but
not be limited to, the right to develop the Land for any commercial, industrial or
residential~ use except as expressly permitted by the Ordinance.
"Enabling Legislation" means, collectively, (1) the Open Space Land Act,
Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the
Ordinance.
2
'Estate Settlement Transfer' means the transfer by the legal represemtative of the
estate of a deceased Seller of such Seller's rights in and to this Agreement in connection
with the distribution of the deceased Seller's estate or other settlement of such decedent
Seller's estate.
"Interest Payment Date" means ~une I and December I in each year, commencing
, 199_.
"Land' means the tract of land located in Virginia Beach, Virginia, containing
approximately acres, and more particularly described in Exhibit B attached hereto
and made a part hereof.
"Ordinance' means the Agricultural Lands Preservation Ordinance adopted by the
City Council on lViay 9, 1995, a~ Appendix .1' to the City Code, as the same may be
amended or modified from time to time.
"Permitted Encumbrances" mean the encumbrances listed on Exhiblt C attached
hereto and made a part hereof and any encumbrances on or with respect to the Land or
any portion thereof hereafter approved, in writing, by the City.
"Person" or "person" means any natural person, firm, association, corporation,
company, trust, partnership, public body or other entity.
"Purchase Price' means $274,093, the purchase price to be paid by the City to
the Registered Owner in accordance with this Agreement.
'Record Date' means the fifteenth (15th) day (whether or not a Business Day) of
the calendar month immediately preceding each Interest Payment Date and the principal
payment date.
'Registered Owner' means the registered owner of this Agreement as shown on
the registration books maintained by the Registrar.
"Registrar' means First Union National Bank of Virginia or any other person
hereafter appointed by the City to act as Registrar and paying agent for this Agreement.
"Seller" means, collectively, Anne F. Gregory and Katie F. Flanagan.
"State" means the Commonwealth of Virginia.
S~ON 1.2
Rules of Construction.
(a) The words "hereof,' "herein," "hereunder," "hereto," and other
words of similar import refer to this Agreement in its entirety.
3
Co) The term~ "agree" and "agreements" contained herein are intended
to include and mean "covenant" and "covenants."
(c) References to Article~, Section, and other subdivisions of this
Agreement are to the designated Articles, Sections, and other subdivisions of this
Agreement.
(d) The headings of this Agreement are for convenience only and shall
not define or limit the provisions hereof.
(e) All referencez made (i) in the neuter, masculine or feminine gender
shall be deemed to have been made in all such genders, and (ii) in the singular or plural
number shall be deemed to have been made, respectively, in the plural or singular
number as well.
ARTICLE 2
SAL~ AND PURCHASE OF DEVI=.TOPMF~NT RIGHTS
SECTION 2.1 Agreement to Sell and Purchase Developmeat Right-~. The
Seller agrees to sell the Development Rights in the Land to the City and the City agrees
to purchase the Development Rights in the Land from the Seller on the date hereof for
SECHON 2.2 Delivery of Deed of Easement. In order to evidence the
sale of the Development Rights to the City, the Seller shall execute and deliver to the
City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A
and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office
of the Circuit Court of the City.
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SF.L"HON 3.1
Payment of Purchase Pric~.
(a) The City shall pay the principal portion of the Purchase Price to
the Registered Owner in a single installment on ,202 . The Purchase
Price is $274,093. -
accrue from
(b) Interest on the unpaid principal balance of the Purchase Price shall
the date hereof and shall be payable to the Registered Owner on
, 199_, and semiannually thereafter on June 1 and December 1 in each
4
year to and including ,202_, at the rate of ~ per annum. Interest
shall be calculated on the basis of a 360-day year of twelve 30-day months.
(c) Both the single installment of principal of the Purchase Price and
the interest on the unpaid balance thereof are payable in lawful money of the United
States of America at the time of payment.
(d) Payment of interest on the unpaid balance of the Purchase Price
shall be made by the City on each Interest Payment Date to the Registrar. The Registrar
shall forward ail such interest payments by check or draft mailed to the person(s)
appearing on the registration books of the City maintained by the Registrar as the
Registered Owner on the Record Date, at the addre~ of such Registered Owner as it
appears on such registration books. The single installment of principal of the Purchase
Price shall be paid on the principal payment date set forth in Subsection (a) above by the
Registrar to the Registered Owner as of the Record Dale upon presentation and surrender
of this Agreement at the office of the Registrar.
(e) The City's obligation to pay the Purchase Price hereunder and to
pay interest on the unpaid balance of the Purchase Price is a general obligation of the
City, and the full faith and credit and the unlimited taxing power of the City are
irrevocably pledged to the punctual payment of the Purchase Price and the interest on the
unpaid principal balance of the Purchase Price as and when the same respectively become
due and payable.
SF.L-'TION 3.2
Registration and Transfer of this A~reement.
(a) Until the Purchase Price and all interest thereon have been paid in
full, the City shall maintain and keep at the offices of the Registrar, registration books
for the registration and transfer of this Agreement; and upon presentation of this
Agreement for such purpose at the offices of the Registrar, the Registrar shall register
or cause to be registered on such registration books, and permit to be Wans/erred thereon,
under such reasonable regulations as the City or the Registrar may prescribe, the
ownership of this Agreement. The Registrar, however, shall not be required to male any
such registration and transfer during the period from the Record Date to the next
succeeding Interest Payment Date or final principal payment date.
(b) Except for an Estate Settlement Transfer, this Agreement may not
be transferred by the Registered Owner prior to the expiration of a one (1) year period
from the date this Agreement has been fully executed, delivered and become effective,
and any such attempted transfer shall be null and void. The Registrar shall be instructed
not to make any such transfers (other than an Estate Settlement Transfer) on its
registration books kept for the purpose of registering the transfer of this Agreement prior
to the expiration of said one (1) year period.
(c) The Seller is the original Registered Owner. This Agreement shall
be transferable only upon the books of the City maintained for such purpose by the
Registrar, at the written request of the Registered Owner as then shown on such
registration books or his attorney duly authorized in writing, upon presentation and
surrender of this Agreement, together with a written instrument of transfer substantially
in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and
approved by the Registrar in writing, duly executed by the Registered Owner or his
attorney duly authorized in writing. Upon the surrender for transfer of this Agreement,
the Registrar shall complete the Schedule of Transferees attached hereto as Exhlbtt E
with the name, address and tax identification number of the transfer~ Registered Owner,
and the date of the transfer; provided, however, that if there is any conflict between the
information set forth in Exhibit E hereto and the registration books maintained by the
Registrar, the information shown on such registration books shall control.
The City and the Registrar may deem and treat the person in whose name this
Agreement is registered upon the books of the City maintained by the Registrar as the
absolute owner of this Agreement, whether any payments hereunder shall be overdue or
not, for the purpose of receiving payment of, or on account of, the Purchase Price and
interest thereon and for all other purposes, and all such payments so made to any such
Registered Owner or upon his order shall be valid and effectual to satisfy and discharge
the liability upon this Agreement to the extent of the sum or sums so paid, and neither
the City nor the Registrar shall be affected by any notice to the contrary.
For every registration of transfer of this Agreement, the City or the Registrar may
make a charge sufficient to reimburse themselves for any lax or other governmental
charge required to be paid with respect to such exchange or transfer, which sum or sums
shall be paid by the person requesting such transfer as a condition precedent to the
exercise of the privilege of registering such transfer.
SF_,C~ON 3.3 Mutilated. Lost. Stolen or Destroyed Agreement. In the
event that this Agreement is mutilated, lost, stolen or destroyed, the City and the
Registered Owner (as then shown on the registration books maintained by the Registrar)
shall execute and deliver a substitute agreement having the same terms and provisions
as the mutilated, lost, stolen or destroyed Agreement; provided that, in the case of any
mutilated Agreement, such mutilated Agreement shall first be surrendered to the
Registrar, and, in the case of any lost, stolen or destroyed Agreement there shall be first
furnished to the City and the Registrar evidence of such loss, theft or destruction
satisfactory to the City and the Registrar, together with indemnity satisfactory to each of
them in their sole discretion. The City and the Registrar may charge the Registered
Owner requesting such new Agreement their expenses and reasonable fees, if any, in this
connection. If after the delivery of such substitute Agreement, a bona fide purchaser of
the original Agreement (in lieu of which such substitute Agreement was issued) presents
for payment such original Agreement, the City and the Registrar shall be entitled to
recover such substitute Agreement from the person to whom it was delivered or any
6
other person who receives delivery thereof, except & bona fide purchaser, and shah be
entitled to recover upon the security or indemnity provided therefor or otherwise to the
extent of any loss, damage, cost or expense incurred by the City and the Registrar in
connection therewith.
ARTICt.~- 4
RI=:-PRESENTATIONS AND W~
SECTION 4.1 Representations and Warranties of the City_. The City nutl~
the following representations and warranties:
(a) The City is a body politic and corporate and a political subdivision
Co) The City has the necessary power and authority to acquire the
Development Rights, to enter into this Agreement, to perform and observe the covenants
and agreements on its part contained in this Agreement and to carry out and consummate
all transactions contemplated hereby. By proper action, the City has duly authorized the
execution and delivery of this Agreement.
(c) This Agreement has been duly and properly authorized, executed,
sealed and delivered by the City, constitutes the valid and legally binding obligation of
the City, and is enforceable against the City in accordance with its terms.
(d) There are no proceedings pending or, to the knowledge of the City,
threatened before any court or administrative agency which may affect the authority of
the City to enter into this Agreement.
SF.L'TION 4.2 Representations and Warranties of the Seller. The Seller
makes the following representations and warranties:
(a) The Seller has full power and authority to execute and deliver this
Agreement and the Deed of Easement, and to incur and perform the obligations provided
for herein and therein. No consent or approval of any person or public authority or
regulatory body is required as a condition to the validity or enforceability of this
Agreement or the Deed of Easement, or, if required, the same has been duly obtained.
(b) This Agreement and the Deed of Easement have been duly and
properly executed by the Seller, constitute valid and legally binding obligations of the
Seller, and are fully enforceable against the Seller in accordance with their respective
terms.
7
(c) There is no litigation or proceeding pending or, so flu'as the Seller
knows, threatened before any court or administrative agency which, in the opinion of the
Seller, will materially adversely affect the authority of the Seller to enter into, or the
validity or enforceability of, this Agreement or the Dc~ of ~ment.
(d) There is (i) no provision of any existing mortgage, indenture,
contract or agreement binding on the Seller or affecting the I_~nd, and (ii) to the
knowledge of the Seller, no provision of law or order of court binding upon the Seller
or affecting the Land, which would conflict with or in any way prevent the execution,
delivery, or performance of the terms of this Agreement or the ~ of F~__-_~..ment, or
which would be in default or violated as a result of such execution, delivery or
performance, or for which adequate consents, waivers or, if necessary, releases or
subordinations, have not been obtained.
(e) There exist no liens, security interests or other encumbrances on
or with respect to the Land (other than Permitted Encumbrances), and at the time of
execution and delivery of the Deed of Easement there will be no liens, security interests
or other encumbrances of the Development Rights to be conveyed thereby.
(f) The Seller is not a nonresident alien of the United States of
America for purposes of federal income taxation.
(g) The Social Security Numbers of the Seller are 228-46-5682 (for
Anne F. Gregory) and 227-48-2682 (for Katie F. Flanagan).
The representations in subsections (f) and (g) above are made under penalties of perjury
and the information contained therein may be disclosed by the City to the Internal
Revenue Service. The Seller acknowledges that any false statement in such subsections
could be punished by fine, imprisonment or both.
ARTICLE 5
PROVISIONS RF-LATING TO EXCLUSION
OF INTER.F~T FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City_ and Tax Covenant of City_. The City intends
that the interest payable under this Agreement shall not be includable in the gross income
of the Registered Owner for purposes of federal income taxation pursuant to Section 103
of the Code. Accordingly, the City shall not knowingly take or permit to be taken any
other action or actions or omit or fail to take any action, which would cause this
Agreement to be an 'arbitrage bond' within the meaning of Section 148 of the Code, or
which would otherwise cause interest payable under this Agreement to become includable
in the gross income of any Registered Owner for purposes of federal income taxation.
8
SECTIONS.2 Acknowledgment of Seller with Rennrd to Tn__~r
Conseo_uences of Transaction. The Seller has received an opinion fr~m Kaufman &
Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existi~
laws, regulations, rulings and decisions, intm'est payable under this Agreement is not
includable in the ~oss income of the Seller for federal income tax purposes, which
opinion assumes continuous compliance with certain covenants in the Tax Certificate and
Complian~ Agreement to be executed and delivered by the City on the date of delivery
of this Agreement and is otherwise limited in accordance with its terms. The Seller
acknowledges that Seller has made Seller's own independent investigation and has
related to the transaction contemplated hereby (including, but not limited to, installment
sales treatment under Section 453 of the Code, charitable contribution deductions under
Section 170 of the Code, and federal estate tax implications); and the Seller cerlif-a~ that
the ,geller has not looked to or relied upon the City or any of its officials, agents or
employees, or to Bond Counsel, with respect to any of such matters.
ARTICLE 6
SECTION 6.1 A__t~pointment of Registrar. First Union National Bank of
Virginia is hereby designated and appointed to act as Registrar for this Agreement.
SECTION 6.2 Ownershi? of Agreement. The Registrar, in its individual
capacity or as trustee for holders of participation interests in this Agreement, may in
good faith buy, sell, own and hold this Agreement, and may join in any action which any
Registered owner may be entitled to take with like effect as if it did not act as Registrar
hereunder. The Registrar, in its individual capacity, either as principal or agent, may
also engage, or have an interest, in any financial or other transaction with the City, and
may act as depository, trustee or agent for other obligations of the City as freely as if it
did not act in any capacity hereunder.
SECTION 6.3 Removal of Registrar and Ao~ointment of Suc_t'~tmr
]~gi,~. The City shah have the right, subject to the terms of any agreement with the
Registrar, to remove the Registrar any time by filing with such Registrar to be removed,
and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing,
such removal shall not be effective until a successor Registrar has assumed the
Registrar's duties hereunder. The City shall have the sole right to select a successor
Registrar.
SECTION 6.4 Oualifications of Successor Re~strar. Any successor
Registrar shall be either (a) the Department of Finance of the City, Co) an officer or
employee of the City, or (c) a bank, trust company or other financial institution duly
9
organized ~under the hws of the United States or any state or territory thereof which is
authorized by law and permitted under the laws of the State to perform all the duties
imposed upon it aa Registrar by this Agreement.
SECTION 6.5 Successor bv Mer~er or Consolid~tlon. If the ReghU~ is
a bank, trust company or other financial-institUtion, any institution or corporation into
which the Registrar hereunder may be merged or converted or with which it may be
consolidated, or any corporation resulting from any merger or consolidation to which the
Registrar hereunder shall be a party or any institution or corporation succeeding to the
corporate trust business (if any) of the Registrar, shall be the successor Registrar under
this Agreement, without the execution or filing of any paper or any further act on the
part of the parties hereto, anything in ~ Agreement to the contrary notwithstanding.
ARTICLE 7
NI/SC~LANEOU$
SEC~ON 7.1 Successors of City_. In the event of the dissolution of the
City, all the covenants, stipulations, promises and agreements in this Agreement
contained, by or on behalf of, or for the benefit of, the City, the Seller, any other
Registered Owner and the Registrar, shall bind or inure to the benefit of the successors
of the City from time to time and any entity, officer, board, commission, agency or
instrumentality to whom or to which any power or duty of the City shall be transferred.
SECTION 7.2 Parties in Interest. Except as herein otherwise specifically
provided, nothing in this Agreement expres.~ or implied is intended or shall be
construed to confer upon any person, firm or corporation, other than the City, the Seller,
any other Registered Owner and the Registrar, any right, remedy or claim under or by
reason of this Agreement, this Agreement being intended to be for the sole and exclusive
benefit of the City, the Seller, any other Registered Owner from time to time of this
Agreement and the Registrar.
SECTION 7.3 ]~[ii~f.~. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, personal representatives,
successors and assigns, including, without limitation, all Registered Owners from time
to time of this Agreement.
SECTION 7.4 Severability. In case any one or more of the provisions of
this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or
invalidity shall not affect any other provisions of this Agreement and this Agreement
shall be construed and enforced as if such illegal or invalid provisions had not been
contained herein or therein.
l0
SECTION 7.5 Prior A_m'eements Cancelled: No Me,_er. This Agreement
shall completely and fully supersede .all other prior agreements, both written and oral,
between the City and the Seller relating to the acquisition of the Development Rights.
Neither the City nor the Seller shall herea/~ have any rights under such prior
agreements but shall look solely to this Agreement and the ~ of ~t for
definitions and determinafi~ of all of their respective rights, liabilities and
responsibilities relating to the Land, the Development Rights and the payment for the
Development Rights. In addition, this Agreement shall survive the execution and
recording of the Deed of ~ment in aH respects and shall not be merged therein.
SEC"FION 7.6 Amendments. Chan~esand Modifi,~tlop,. This A~t
may not be amended, changed, modified, altered or terminated except by an agreement
in writing between the City and the then Registered Owner. An executed counterpart of
any such amendment shall be attached to this Agreement and shall be binding upon such
Registered Owner and aH successor Registered Owners.
SECTION 7.7 No Personal Liability_ of City Officinh, No covenant or
agreement contained in this Agreement shall be deemed to ~e the covenant or agreement
of any official, officer, agent or employee of the City in his or her individual capacity,
and neither the officers or employees of the City nor any official executing this
Agreement shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the issuance thereof.
SECTION 7.8 Governing Law. The laws of the State shah govern the
construction and enforcement of this Agreement.
SF..C~ON 7.9 Notices. Except as otherwise provided in this Agreement,
all notices, demands, requests, consents, approvals, certificates or other communications
required under this Agreement to be in writing shall be sufficiently given and shah be
deemed to have been properly given three Business Days af~ the same is mailed by
certified mail, postage prepaid, return receipt requested, addressed to the person to whom
any such notice, demand, request, approval, certificate or other communication is to be
given, at the address for such person designated below:
City:
City Manager
Municipal Center
Virginia Beach, VA 23456
with a copy to:
City Attorney
Municipal Center
Virginia Beach, VA
23456
11
Anne F. Gregory
1725 Princess Anne Road
Virginia Beach, Virginia 23456
Katie F. Flanagan
4835 lhymarhet Drive
Virginia Beach, Virginia 23462
First Union National Bank of Virginia
Corporate Trust Department
2nd Floor
901 ~ Cary Street
Richmond, Virginia 23219
Any of the foregoing may, by notice given hereunder to each of the others, desig~o_te_- any
timber or different addresses to which subsequent notices, demands, requests, consents,
approvals, certificates or other communications shall be sent hereunder.
SECTION 7.10 tt0.lk[[t~. If the date for making any payment or the last
date for performance of any act or the exercising of any right, as provided in this
Agreement, shah not be a Business Day, such payment may, unless otherwise provided
in this Agreement, be made or act performed or right exercised on the next succeeding
Business Day with the same force and effect as if done on the nominal date provided in
this Agreement, and in the case of payment no interest shall accrue for the period after
such nominal date.
WITNESS the signatures and seals of the parties hereto as of the date first above
written.
[CITY'S SEAL]
CITY:
CITY OF VIRGIN~ BEACH, VIRGIN~
A'ITEST: By:
lames K. Spore, City Manager
City Clerk
12
Approved for Legal
Sufficiency this
dayor ,
Deputy City Attorney
Approved for Sufficiency of
Funds:
Director, Department of Financ~
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before me in the City of
, Virginia, this ~ day of ,
19__, by lames K. Spore, City Manager of the City of Virginia Beach, Virginia, and
alIe.sted to by , City Clerk of the City of Virginia Beach,
Virginia, on its behalf.
Notary Public
13
COMMONWEALTI-I OF VIRGINIA
AT LARGE, to-wit:
The foregoing
instrument was acknowledged before me in the City of
, Virginia, this ~ day of ,
, of
, a , on it~ behalf.
(SP_AL)
My Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing
by
instrument was acknowledged
, Virginia, this ~
~a
before me in the City
day of
, on its behalf.
(SEAL)
My Commission Expires:
Notary Public
14
This instrument was prepared by
Virginia Beach City Attorney's Office
Exemption Claimed: § 58.1-811(A)(3)
§ 58.1-811(C)(4)
DEED OF EASEMENT
EXIIIBIT "A"
THIS DEED OF EASEMENT is made this 31st day of October, 1996, by and
between ANN F. 0RI~GORY and DAVID W. GREGORY, Jr., her husband, and KATIE
F. FLANAGAN, single (collectively, the "Grantor"), and CITY OF VIRGINIA BEACH,
VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City")
whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee.
RECITALS
WHEREAS, pursuant to the authority granted by the Open-Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City
adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J
to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to
promote and encourage the preservation of agricultural land in designated areas within
the southern portion of the City; and
WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City
has established the Agricultural Reserve Program of the City which provides for the
acquisition of development rights through the purchase of agricultural land preservation
easements with respect to property located in the portions of the City covered by the
Ordinance; and
WHEREAS, the Grantor is the owner in fee simple of certain agricultural real
property located in the City and more particularly described in Exhibit A hereto (the
"Land"); and
WHEREAS, the Land is located in that portion of the City subject to the
Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and
WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development
Rights (hereinafter defined) in the Land by executing and delivering this Deed of
Easement and thereby restrict the use of the Land as described herein; and
GPIN iq 2413-10-2219
WHEREAS, the City has agreed to purchase the Grantor's Development Rights
in the Land to fulfill the policy and purposes of the City as set forth in the Act and the
Ordinance; and
WHEREAS, the transfer by the Grantor of the Development Rights in the Land
shall be in perpetuity; and
WHEREAS, in order to provide for the payment of the purchase price for the
rights in the Land created hereby, the Grantor and the City have entered into an
Installment Purchase Agreement of even date herewith (the "Installment Purchase
Agreement");
GRANT
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS
($10.00), the covenants and promises contained herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and
assigns, and for any subsequent owner of the Land does hereby grant and convey, with
general warranty and English covenants of rifle, unto the City, and its successors and
assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over
and with respect to the Land restricting the Land to Agricultural Use and in furtherance
thereof, does hereby grant and convey, with general warranty and English covenants of
rifle, to the City, and its successors and assigns, forever and in perpetuity, all of the
Development Rights with respect to the Land.
TERMS, COVENANTS, CONDITIONS AND AGREEMENTS
A. The Grantor for Grantor, Grantor's heirs, personal representatives,
devisees, successors and assigns covenants with the City, (1) to refrain from engaging
in any act or activity, or permitting to occur or suffering to exist any act or activity upon
the Land which would constitute the exercise of a Development Right or a use other than
an Agricultural Use, it being the intention of the parties that the Land shall be preserved
for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this
Deed of Easement shall create a perpetual easement, running with the Land and all
portions thereof as an incorporeal and nonpossessory interest therein, enforceable against
the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or
any portion of the Land and any other person or entity having any right, title or interest
therein and upon their respective heirs, personal representatives, devisees, successors and
assigns; and (3) that the covenants, conditions, limitations and restrictions contained
herein are intended to limit the use of the Land as herein set forth.
B. The parties, for themselves, their heirs, personal representatives, devisees,
successors and assigns, further covenant and agree as follows:
2
(1) As used in this Deed of Easement the term "Development Rights"
shall mean the right to develop the Land for any use, including without limitation, any
commercial, industrial or residential use, other than for Agricultural Use.
(2) As used in this Deed of Easement the term "Agricultural Use"
means (i) the bona fide production of crops, animal or fowl, including, but not limited
to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products,
the raising of livestock and poultry, and the production and harvest of products from
horticultural, silvicultural or aquaculturai activity, (ii)the repair, expansion or
replacement of no more than one (1) bona fide dwelling occupied by the landowner or
tenant as of the date of application for entry in the Agricultural Reserve Program and no
more than one freestanding mobile home, as permitted by Section 19-19 of the City
Code, and (iii) accessory uses directly related to agricultural activities conducted on the
same property, including the sale of agricultural products as permitted by Section 401 of
the City Zoning Ordinance. The term does not include the processing of agricultural,
silvicultural, horticultural or aquacultural products, except as an accessory use.
(3) This Deed of Easement does not grant the public any right of entry
or access or any rights of use of the Land.
(4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN
WITH THE ENTIRE ACREAGE OF THE LAND.
(5) The purpose of this Deed of Easement shall be to (i) promote and
encourage the preservation of farmland, and promote and enhance agriculture as an
important industry within the City, (ii) preserve the rural character of the southern part
of the City, (iii) conserve and protect environmentally sensitive lands, waters and other
resources, (iv) reduce and defer the need for major infrastructure improvements in the
southern part of the City and the expenditure of public funds for such improvements,
(v) preserve open spaces, and (vi) assist in shaping the character, direction and timing
of community development.
(6) In the event of a violation or attempted violation of any of the
provisions hereof, the City and its successors and assigns, may institute and prosecute
any proceeding at law or in equity to enforce the provisions hereof or to abate, prevent
or enjoin any such violation or attempted violation.
WITNESS, the hand and seal of the Grantor as of the date first above written.
Anything herein to the contrary notwithstanding, David W. Gregory, Jr., executes this
Deed of Easement for the sole purpose of consenting to the conveyance of and releasing
any marital or augmented estate interest in the easement and rights set forth herein.
GRANTOR:
Ann F. Gregory
.(SEAL)
David W. Gregory, Jr.
.(SEAL)
Katie F. Flanagan
(SEAL)
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged before
., Virginia, this __ day of
19__, by Ann F. Gregory_ and David W. Gregory_. Jr., Grantor.
me in the City
of
(SEAL)
My Commission Expires:
Notary Public
4
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:
The foregoing instrument was acknowledged
., Virginia, this
19__, by Katie F. Flanagan
before
day of
me
in the City of
, Grantor.
(SEAL)
My Commission Expires:
Notary Public
EXHIBIT A
PARCEL ONE;
ALL THAT certain piece, parcel or tract of land, situated in the City of
Virginia Beach (formerly Pungo Magisterial District, Princess Anne
County), Virginia, and being more particularly described and designated
as follows, to-wit:
BEGINNING at a pin on the eastern side of Princess Anne Road
(formerly the Creeds Pungo Road) located South eighty-one (81) degrees
eighteen (18) minutes East twenty-five and one-tenth (25.1) feet from a
point in the center of said road and running South eighty-one (81) degrees
eighteen (18) minutes East five hundred seventy-six and one-tenth (576.1)
feet to a pin; thence running North four (4) degrees fifty-three (53)
minutes East one hundred eighty-five and eight-tenths (185.8) feet to a
pin; thence running South eighty-three (83) degrees thirteen (13) minutes
East ten hundred twenty-two and five tenths (1022.5) feet to a pin; thence
running South eighty-three (83) degrees thirteen (13) minutes East seven
hundred fifty-five and five-tenths (755.5) feet to a R. Oak; thence running
North seventy-eight (78) degrees six (6) minutes East seven hundred
twenty-five and seven-tenths (725.7) feet to a W. Oak in the boundary line
between this property and the property of "Noah Garrett" as shown on the
hereinafter mentioned plat; thence running North twenty-one (21) degrees
twenty-one (21) minutes East one hundred twenty and seven-tenths (120.7)
feet to a R. Oak; thence North four (4) degrees thirty-four (34) minutes
East two hundred sixty-three and five-tenths (263.5) feet to a sourwood;
thence North seventy-two (72) degrees twenty-six (26) minutes West one
hundred fifty-one and five-tenths (151.5) feet to a gum; thence North
sixty-seven (67) degrees fifty (50) minutes West one hundred seventy-one
and one-tenth (171.1) feet to a red oak (down); thence North sixty-seven
(67) degrees fifty (50) minutes West sixty-one and four-tenths (61.4) feet
to a pipe; thence North fifty (50) degrees twelve (12) minutes West two
hundred eighty and seven-tenths (280.7) feet to a pipe in the boundary line
between this parcel or tract and "Tract #1 Andrew & Tully Moore Farm"
as shown on a plat entitled "Property of Flanagan Estate located near
Pungo-in-Princess Ann Co., Va.," dated June, 1953, by W. B. Gallup,
County Surveyor, attached to and duly recorded with deed dated January
21, 1954, from Cecil C. Flanagan, and wife, to Roy D. Flanagan; thence
running South eighty-nine (89) degrees fifteen (15) minutes West one
hundred five and six-tenths (105.6) feet to a pine; thence South eighty-one
(81) degrees zero zero (00) minutes West one hundred seventy-nine and
fifty-two hundredths (179.52) feet to a pine; thence North eighty-eight
6
(88) degrees zero zero minutes West two hundred forty-one and fifty-six
hundredths (241.56) feet to an oak scragg, as shown in the boundary line
between this property and property designated on said plat as "Tract #2
Andrew & Tully Moore Farm"; thence North eighty-four (84) degrees
zero zero (00) minutes West two hundred seven and twenty-four
hundredths (207.24) feet to an oak; thence North eighty-nine (89) degrees
thirty (30) minutes West seventy-seven and twenty-two hundredths (77.22)
feet to an oak; thence South eighty-four (84) degrees zero zero (00)
minutes West one hundred ninety-four and two hundredths (194.02) feet
to an oak; thence South eighty-eight (88) degrees zero zero (00) minutes
West one hundred twenty-three and sixty-four hundredths (123.64) feet to
an oak; thence South eighty-seven (87) degrees thirty (30) minutes West
eighty-seven and twelve-hundredths (87.12) feet to an oak; thence South
degrees West one hundred ninety and eight hundredths (190.08) feet to an
oak as shown in the boundary line between this property and property
designated on said plat as "Tract #5 Andrew & Tully Moore Farm";
thence North eighty-eight degrees thirty (30) minutes West two hundred
twenty-nine and sixty-eight hundredths (229.68) feet to a pine located in
the boundary line between this property and the property designated on
said plat as "Tract #6 Andrew & Tully Moore Farm"; thence continuing
along said boundary line as shown on said plat, North eighty-seven (87)
degrees thirty (30) minutes West two hundred forty-two and eighty-eight
hundredths (242.88) feet to a post; thence running North eighty-one (81)
degrees thirty (30) minutes West three hundred forty (340) feet, more or
less, along the center of a lead ditch, as shown on said plat, in the
boundary line between this property and property of "Eaton" as shown on
said plat, to a point located in the center of the Creeds Pungo Road,
designated "A" as shown on said plat; thence running North seventy-three
(73) degrees twenty-six (26) minutes West twenty-five and seven-tenths
(25.7) feet to a pin located on the western side of said Creeds Pungo
Road; thence running North eighty-seven (87) degrees twenty (20) minutes
West one hundred forty-one and five-tenths (141.5) feet to a pipe located
in the boundary line between this property and property designated on said
plat as "W. H. Dozier"; thence running North eighty-two (82) degrees
twenty (20) minutes West three hundred sixty-seven and nine-tenths
(367.9) feet along the boundary line of this property and property
designated ri. W. Whitehurst" as shown on said plat, to an axle; thence
running South eighteen (18) degrees ten (10) minutes West three hundred
forty-seven and nine-tenths (347.9) feet to a pin; thence running South
forty-one (41) degrees forty-six (46) minutes West one hundred sixty-two
and eight-tenths (162.8) feet to a pin "along edge of swamp" as shown on
said plat; thence running South seven (7) degrees thirteen (13) minutes
East one hundred nine and five-tenths (109.5) feet to a B. Gum; thence
running South thirty (30) degrees thirty-two (32) minutes West two
7
hundred fourteen and five-tenths (214.5) feet to a pin located in the
boundary line of this property and property designated as "Tract 'B' 49.5
more or less Acres (Rd. area exc.)" as shown on said plat; thence running
South eighty-one (81) degrees eighteen (18) minutes East eighty-four and
seven-tenths (84.7) feet to a pin; thence South eighty-one (81) degrees
eighteen (18) minutes East three hundred sixteen (316) feet to a pin in the
western line of Creeds Pungo Road as shown on said plat; thence across
said road the same course twenty-five and one-tenth (25.1) feet to a point
located in the center of said Creeds Pungo Road; thence continuing the
same course from said last mentioned point in the center of said road
twenty-five and one-tenth (25.1) feet to a pin, the point of beginning; the
said parcel or tract hereinabove described being designated and known as
"Tract 'A' 49.5 more or less Acres (Rd. area exc.)" as shown on the plat
"Property of Flanagan Estate located near Pungo-in-Princess Anne Co.,
Va.," dated June, 1953, by W. B. Gallup, County Surveyor, attached to
and recorded with a deed from Cecil C. Flanagan, and wife, to Roy D.
Flanagan, dated January 21, 1954.
PARCEL TWO:
ALL THAT certain tract, piece or parcel of land, lying, situate and being
in the City of Virginia Beach (formerly Pungo Magisterial District,
Princess Anne County), Virginia, and being a portion of the old Norfolk
Southern Railroad right of way and more particularly bounded and
described as follows:
BEGINNING at a point on the Eastern side of the old Norfolk Southern
Railroad right of way where the dividing line of the property of Roy
Flanagan and Cecil Flanagan intersects the same and from said point of
beginning running thence in a Northerly direction along the said Eastern
side of the railroad fight of way 1140 feet, more or less, to the property
now or formerly belonging to A. D. Moore; thence turning and running
in a Westerly direction and at right angles to the said railroad right of way
66 feet, more or less, to the Western side of the said railroad fight of
way; thence turning and running in a Southerly direction along the said
Western side of the railroad fight of way 1140 feet, more or less, to the
property of Roy Flanagan; thence turning and running at fight angles to
the said railroad fight of way in an Easterly direction 66 feet, more or
less, to the point of beginning.
LESS AND EXCEPT that portion of the above-described property
conveyed to David W. Gregory, Jr. and Ann F. Gregory, husband and
8
wife, dated April 5, 1978, and duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1769
at page 746.
LESS AND EXCEPT all portions of the above-described PARCEL ONE
and PARCEL TWO, if any, which contain any of the following soil types:
(1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt
Loam; or (4) Pamlico Mucky Peat, Ponded.
LESS AND EXCEPT that certain tract, piece or parcel being a portion of
the above described property designated and described as "#" as shown on
that certain plat entitled: "#", Scale #~ = #', dated #, prepared by #,
which plat is intended to be recorded simultaneously herewith.
IT BEING a part of the same property conveyed to Ann F. Gregory and
Katie F. Flanagan from Lucille Wilkerson Flanagan by deed dated
October 11, 1988, duly recorded in the aforesaid Clerk's Office in Deed
Book 2803, at page 1955. Upon the death of Lucille Wilkerson Flanagan
on April 16, 1991, her life estate reserved in said deed terminated.
G:\ .... ~,-p\working\df4175.ded
9
EXHIBIT B
PARCEL ONE:
ALL THAT certain piece, parcel or tract of land, situated in the City of
Virginia Beach (formerly Pungo Magisterial District, Princess Anne County),
Virginia, and bei/~g more particularly described and designated as follows, to-
wit:
BEGINNING at a pin on the eastern side of Princess Anne Road (formerly the
Creeds Pungo Road) located South eighty-one (81) degrees eighteen (18)
minutes East twenty-five and one-tenth (25.1) feet from a point in the center
of said road and running South eighty-one (81) degrees eighteen (18) minutes
East five hundred seventy-six and one-tenth (576.1) feet to a pin; thence
running North four (4) degrees fifty-three (53) minutes East one hundred
eighty-five and eight-tenths (185.8) feet to a pin; thence running South eighty-
three (83) degrees thirteen (13) minutes East ten hundred twenty-two and five
tenths (1022.5) feet to a pin; thence running South eighty-three (83) degrees
thirteen (13) minutes East seven hundred fifty-five and five-tenths (755.5) feet
to a R. Oak; thence running North seventy-eight (78) degrees six (6) minutes
East seven hundred twenty-five and seven-tenths (725.7) feet to a W. Oak in
the boundary line between this property and the property of "Noah Garrett"
as shown on the hereinafter mentioned plat; thence running North twenty-one
(21) degrees twenty-one (21) minutes East one hundred twenty and seven-
tenths (120.7) feet to a R. Oak; thence North four (4) degrees thirty-four (34)
minutes East two hundred sixty-three and five-tenths (263.5) feet to a
sourwood; thence North seventy-two (72) degrees twenty-six (26) minutes
West one hundred fifty-one and five-tenths (151.5) feet to a gum; thence North
sixty-seven (67) degrees fifty (50) minutes West one hundred seventy-one and
one-tenth (171.1) feet to a red oak (down); thence North sixty-seven (67)
degrees fifty (50) minutes West sixty-one and four-tenths (61.4) feet to a pipe;
thence North fifty (50) degrees twelve (12) minutes West two hundred eighty
and seven-tenths (280.7) feet to a pipe in the boundary line between this parcel
or tract and "Tract #1 Andrew & Tully Moore Farm" as shown on a plat
entitled "Property of Flanagan Estate located near Pungo-in-Princess Ann Co.,
Va.," dated June, 1953, by W. B. Gallup, County Surveyor, attached to and
duly recorded with deed dated January 21, 1954, from Cecil C. Flanagan, and
wife, to Roy D. Flanagan; thence running South eighty-nine (89) degrees
fifteen (15) minutes West one hundred five and six-tenths (105.6) feet to a
pine; thence South eighty-one (81) degrees zero zero (00) minutes West one
hundred seventy-nine and fifty-two hundredths (179.52) feet to a pine; thence
North eighty-eight (88) degrees zero zero minutes West two hundred forty-one
and fifty-six hundredths (241.56) feet to an oak scragg, as shown in the
boundary line between this property and property designated on said plat as
"Tract //2 Andrew & Tully Moore Farm"; thence North eighty-four (84)
degrees zero zero (00) minutes West two hundred seven and twenty-four
hundredths (207.24) feet to an oak; thence North eighty-nine (89) degrees
thirty (30) minutes West seventy-seven and twenty-two hundredths (77.22) feet
to an oak; thence South eighty-four (84) degrees zero zero (00) minutes West
one hundred ninety-four and two hundredths (194.02) feet to an oak; thence
South eighty-eight (88) degrees zero zero (00) minutes West one hundred
twenty-three and sixty-four hundredths (123.64) feet to an oak; thence South
eighty-seven (87) degrees thirty (30) minutes West eighty-seven and twelve-
hundredths (87.12) feet to an oak; thence South degrees West one hundred
ninety and eight hundredths (190.08) feet to an oak as shown in the boundary
line between this property and property designated on said plat as "Tract #5
Andrew & Tully Moore Farm"; thence North eighty-eight degrees thirty (30)
minutes West two hundred twenty-nine and sixty-eight hundredths (229.68)
feet to a pine located in the boundary line between this property and the
property designated on said plat as "Tract #6 Andrew & Tully Moore Farm";
thence continuing along said boundary line as shown on said plat, North
eighty-seven (87) degrees thirty (30) minutes West two hundred forty-two and
eighty-eight hundredths (242.88) feet to a post; thence running North eighty-
one (81) degrees thirty (30) minutes West three hundred forty (340) feet, more
or less, along the center of a lead ditch, as shown on said plat, in the boundary
line between this property and property of "Eaton" as shown on said plat, to
a point located in the center of the Creeds Pungo Road, designated "A" as
shown on said plat; thence running North seventy-three (73) degrees twenty-six
(26) minutes West twenty-five and seven-tenths (25.7) feet to a pin located on
the western side of said Creeds Pungo Road; thence running North eighty-
seven (87) degrees twenty (20) minutes West one hundred forty-one and five-
tenths (141.5) feet to a pipe located in the boundary line between this property
and property designated on said plat as "W. H. Dozier"; thence running North
eighty-two (82) degrees twenty (20) minutes West three hundred sixty-seven
and nine-tenths (367.9) feet along the boundary line of this property and
property designated "J. W. Whitehurst" as shown on said plat, to an axle;
thence running South eighteen (18) degrees ten (10) minutes West three
hundred forty-seven and nine-tenths (347.9) feet to a pin; thence running South
forty-one (41) degrees forty-six (46) minutes West one hundred sixty-two and
eight-tenths (162.8) feet to a pin "along edge of swamp" as shown on said
plat; thence running South seven (7) degrees thirteen (13) minutes East one
hundred nine and five-tenths (109.5) feet to a B. Gum; thence running South
thirty (30) degrees thirty-two (32) minutes West two hundred fourteen and
five-tenths (214.5) feet to a pin located in the boundary line of this property
and property designated as "Tract 'B' 49.5 more or less Acres (Rd. area
ext.)" as shown on said plat; thence running South eighty-one (81) degrees
eighteen (18) minutes East eighty-four and seven-tenths (84.7) feet to a pin;
thence South eighty-one (81) degrees eighteen (18) minutes East three hundred
sixteen (316) feet to a pin in the western line of Creeds Pungo Road as shown
on said plat; thence across said road the same course twenty-five and one-tenth
(25.1) feet to a point located in the center of said Creeds Pungo Road; thence
continuing the same course from said last mentioned point in the center of said
road twenty-five and one-tenth (25.1) feet to a pin, the point of beginning; the
said parcel or tract hereinabove described being designated and known as
"Tract 'A' 49.5 more or less Acres (Rd. area exc.)~ as shown on the plat
"Property of Flanagan Estate located near Pungo-in-Princess Anne Co., Va.,"
dated June, 1953, by W. B. Gallup, County Surveyor, attached to and
recorded with a deed from Cecil C. Flanagan, and wife, to Roy D. Flanagan,
dated January 21, 1954.
PARCEL TWO:
ALL THAT certain tract, piece or parcel of land, lying, situate and being in
the City of Virginia Beach (formerly Pungo Magisterial District, Princess
Anne County), Virginia, and being a portion of the old Norfolk Southern
Railroad right of way and more particularly bounded and described as follows:
BEGINNING at a point on the Eastern side of the old Norfolk Southern
Railroad right of way where the dividing line of the property of Roy Flanagan
and Cecil Flanagan intersects the same and from said point of beginning
running thence in a Northerly direction along the said Eastern side of the
railroad right of way 1140 feet, more or less, to the property now or formerly
belonging to A. D. Moore; thence turning and running in a Westerly direction
and at right angles to the said railroad right of way 66 feet, more or less, to
the Western side of the said railroad right of way; thence turning and running
in a Southerly direction along the said Western side of the railroad right of
way 1140 feet, more or less, to the property of Roy Flanagan; thence turning
and running at right angles to the said railroad right of way in an Easterly
direction 66 feet, more or less, to the point of beginning.
LESS AND EXCEPT that portion of the above-described property conveyed
to David W. Gregory, Jr. and Ann F. Gregory, husband and wife, dated April
5, 1978, and duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book 1769 at page 746.
LESS AND EXCEPT all portions of the above-described PARCEL ONE and
PARCEL TWO, if any, which contain any of the following soil types: (1)
Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or
(4) Pamlico Mucky Peat, Ponded.
LESS AND EXCEPT that certain tract, piece or parcel being a portion of the
above described property designated and described as ~#" as shown on that
certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat
is intended to be recorded simultaneously herewith.
IT BEING a part of the same property conveyed to Ann F. Gregory and Katie
F. Flanagan from Lucille Wilkerson Flanagan by deed dated October 11,
1988, duly recorded in the aforesaid Clerk's Office in Deed Book 2803, at
page 1955. Upon the death of Lucille Wilkerson Flanagan on April 16, 1991,
her life estate reserved in said deed terminated.
EXHIBIT "C"
PERMITTED ENCUMBRANCES
®
e
9.
10.
Taxes for the fiscal year 1996/1997 and any/all Stormwater
fees, which are liens not yet due and payable, and taxes and
stormwater fees for all subsequent billing periods.
Roll Back Taxes.
Easement granted Virginia Electric and Power Company over the
subject property, as established, reserved, shown by
instrument recorded in Deed Book 245, Page 158 and as shown in
Map Book 20, page 44.
Easement granted Virginia Electric and Power Company over the
subject property, as established, reserved, shown by
instrument recorded in Deed Book 252, Page 375 and as shown in
Map Book 22, page 52.
Easement granted Virginia Electric and Power Company over the
subject property, as established, reserved, shown by
instrument recorded in Deed Book 158, Page 246.
Easement granted Virginia Electric and Power Company over the
subject property, as established, reserved, shown by
instrument recorded in Deed Book 173, Page 451 and as shown in
Map Book 10, page 10.
Easement granted Princess Anne Telephone Co., Inc., recorded
in Deed Book 243, page 324 for Poles and wires.
Highway right of way recorded in Deed Book 246, page 225.
Highway right of way recorded in Deed Book 246, page 227.
Such other restrictions and encumbrances which, in the'opinion
of the City Attorney, do not adversely affect the interest of
the City of Virginia Beach in and to the agricultural land
preservation easement and the rights granted to the City in
the Deed of Easement.
AS$IGNM~.NT
~IT D
FOR VALUE RF~F_AVF-D, and
([coHectively,] the "Registered Owner") hereby sell[s], assign[s] and transfer[s] unto
, without recourse, all oftheRegistered Owner's
right, title and interest in and to the Installment Purchase Agreement to which this
Assignment is attached; and the Registered Owner hereby irrevocably directs the
Registrar (as defined in such Agreemen0 to transfer such Agreement on the books kept
for registration thereof. The Registered Owner hereby represents, warrants and certifies
that there have been no amendments to such Agreement [except
1.
Date:
Signature guarani:
NOTICE: Signature must be
guaranteed by a member firm
the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature on this
Assignment must correspond with of
the name of the Registered Owner
as it appears on the registration
books for the Installment Purchase
Agreement referred to herein in every
particular, without alteration or
enlargement or any change whatever.
18
~IT E
TRANSFER OF AGREEMENT - SCHI::~r~uLR OF TRANSFER~I~-~
The transfer of this Installment Purchase Agreement may be registered only by
the Registered Owner under such Agreement in person or by its duly authorized officer
or attom, ey upon presentation hereof to the Registrar, who shall make note thereof in the
books kept for such purpose and in the registration blank below.
Date of
Registration of
Transfer
Name and
Address of
Transferee
Registered Seller
Tax I.D. No.
of Transferee
Signature of Registrar
19
- 30 -
Item P'-K.2.
CONSENT AGENDA
ORDINANCES
ITEM # 41369
Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $285,000 Grant from the
~irginia Department of Economic Development, Division of Tourism, to
the Convention and Visitor Development FY 1996-1997 Operating
Budget re a Regional Infomercial, Canadian Market Advertising
Program and "Per Inquiry" Television Advertising Program; ana~
adjust estimated revenues accordingly.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
AN ORDINANCE TO ACCEPT AND APPROPRIATE $285,000 GRANT FROM THE
STATE DEPARTMENT OF ECONOMIC DEVELOPMENT DIVISION OF TOURISM TO THE
CONVENTION AND VISITOR DEVELOPMENT FY 1996-97 OPERATING
BUDGET TO DEVELOP A REGIONAL INFOMERCIAL, A CANADIAN MARKET
ADVERTISING PROGRAM, AND A "PER INQUIRY" TELEVISION ADVERTISING PROGRAM
1
2
WHEREAS, the State Department of Economic Development Division of Tourism selected three
Virginia Beach and regional advertising programs for grant funding in the amount of $285,000,
3
WHEREAS, these programs, the regional infomercial, the Canadian market advertising, and the
"per inquiry" television advertising, are all designed to increase tourism to both the region and to the City.
5
6
?
8
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that the $285,000 grant from the State Department of Economic Development Division of
Toudsm be accepted and appropriated into the Convention and Visitor Development FY 1996-97 Operating Budget
for the purpose of providing additional advertising programs.
9
10
BE IT FURTHER ORDAINED, that estimated State revenues be adjusted to reflect the receipt
$285,000 from the State Department of Economic Development Division of Tourism.
11
Adopted by the Council of the City of Virginia Beach, Virginia on the 29thday of October, 1996.
APPROVED AS TO
Approved as to Content
Management and Budget
I
C RW-C :\O Bg'ADE PTS\CO NVENTl~ad_grantl .oral
- 31 -
Item V-K.3.
CONSENT AGENDA
ORDINANCES
ITEM # 41370
Upon motion by Council lady Henley, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to APPROPRIdTE $122,541 in the Sheriffs Department's FY
1996-1997 Operating Budget for salary and operating expenses re
additional positions authorized by the Virginia Compensation Board;
increase estimated revenue for reimbursement from the Commonwealth
by $93,297; ana~ TRANSFER $29,244 from the General Fund Reserve
for Contingencies for grant matches.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branci~ III, William W. Harrison, Jr., ltaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhom
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
AN ORDINANCE TO APPROPRIATE $122,541 IN THE
SHERIFF' S DEPARTMENT' S FY 1996-97 OPERATING BUDGET
FOR SALARY AND OPERATING EXPENSES FOR ADDITIONAL
POSITIONS AUTHORIZED BY THE STATE COMPENSATION
BOARD FOR REIMBURSEMENT TO THE CITY
WHEREAS, the State Compensation Board has authorized four (4)
emergency Correctional Officer positions for the Virginia Beach
Correctional Center to address overcrowding;
WHEREAS, these positions are allocated on a year-to-year basis and
are subject to review and possible reallocation or abolishment in future
fiscal years should overcrowding be reduced; and
WHEREAS, of the total funding being requested for approval, $93,297
represents funding from the State for salaries, a portion of fringe
benefits, and computer equipment; and $29,244 represents funding from
the City for salary supplements, a portion of fringe benefits, and
operating expenses;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $122,541 be appropriated to the Sheriff's
Department's FY 1996-97 Operating Budget in the Sheriff's Department
Special Revenue Fund for the purpose of funding salary and operating
expenses for four (4) emergency Correctional Officer positions
authorized by the State Compensation Board for reimbursement to the
City. ~
BE IT FURTHER ORDAINED, that estimated revenue from the Commonwealth
be increased by $93,297, with the City match to be provided by the
transfer of $29,244 from the General Fund Reserve for Contingehcies for
Grant Matches.
the
Adopted by the Council of the City of Virginia Beach, Virginia, on
Walter c.~r _
Resource and Managemen~i~e~vices Administrator
of , 1996.
APPF~OV~E) AS TO
APPROVED AS TO CONTENT: LEGAL SLIFF;C/ENCy
October
Twenty-ninth
- 32 -
Item V-K.4.
CONSENT AGENDA
ORDINANCES
ITEM # 41371
Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $113,593 from the
Commonwealth of Virginia to the Office of the Commonwealth's Attorney
re additional positions to provide Domestic Violence Prosecution;
increase estimated revenue from the State by $83,877; and, TRANSFER
'$29,716 from the General Fund Reserve .for Contingencies .for grant
matches.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branct~ III, William gE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis I~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor W~lliam D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
1
2
3
4
AN ORDINANCE TO ACCEPT AND APPROPRIATE TO THE
OFFICE OF THE COMMONWEALTH'S ATTORNEY
$113,59~ FOR ADDITIONAL POSITIONS TO PROVIDE
DOMESTIC VIOLENCE PROSECUTION
5
6
7
8
WHEREAS, because of the growing concern with domestic
violence, the Co~f~f, onwealth of Virginia has approved additional
attorney and support staff positions for most localities in the
State to enhance domestic violence prosecution;
9
10
11
WHEREAS, of the additional positions approved by the State,
three attorney and three support staff positions have been
approved for the City of Virginia Beach; and
12
13
14
15
WHEREAS, of the total funding being requested for approval,
$83,877 represents funding from the State, and $29,716 represents
a budgeted City contribution for salary supplements and for
operating expenses not provided through State funds;
16
17
18
19
20
21
22
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $113,593 be appropriated to the
FY 1996-97 Operating Budget of the Office of the Co~,onwealth's
Attorney for additional positions and related equipment for
prosecution of domestic violence cases, that estimated revenue
from the State be increased by $83,877, and that $29,716 be
provided by the General Fund Reserve for Grant Matches.
23
24
25
This ordinance shall be effective on the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-ninth of October , 1996.
APPROVED AS :
E. D. Block
Director of Management Services
AS TO
APPROVED
LEGAL SUFF~CIEHCY
Item V-K.P.
CONSENT AGENDA
ORDINANCES
ITEM # 41372
Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE an additional $17,000 in
Federal Grant Funding to the FY 1996-1997 Mental Health-Mental
Retardation-Substance Abuse (MHMRSA) Operaffng Budget re
continuation of the Community Services Board respite program for
families of children with disabilities; ana~ increase estimated revenue
accordingly.
Voting:
11-0 (By ConsenO
Council Members Voting ,dye:
John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
1
2
3
AN ORDINANCE TO ACCEPT AND APPROPRIATE AN ADDITIONAL $17,000 IN
FEDERAL GRANT FUNDING TO THE FY 1996-97 MENTAL HEALTH-MENTAL
RETARDATION-SUBSTANCE ABUSE (MH-MR-SA) OPERATING BUDGET
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
WHEREAS, the Community Services Board and the Department of Mental
Health, Mental Retardation, and Substance Abuse (MHMRSA) are responsible for the
coordination and implementation of mental health, mental retardation, and substance
abuse services;
WHEREAS, the department has been awarded $17,000 in Federal grant funding
allocated through the Virginia Department for Developmental Disabilities for the
continuation of the Community Services Board respite program for families of children
with disabilities, and
WHEREAS, the grant does not require an increase in local funding for use as
match funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $17,000 in Federal grant funds be accepted and
appropriated to the FY 1996-97 Mental Health-Mental Retardation-Substance Abuse
Operating Budget,
BE IT FURTHER ORDAINED, that estimated revenue from the Federal
government be increased by $17,000.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the
29th , day of October , 1996.
This ordinance shall be effective from the date of its adoption.
t
~.'D.-'-'~ck, Dirtlctor ·
DePartment of Management Service
APPROVED AS TO
LEGAL ,SUFFICIENCY
- 34 -
Item V-K.6.
CONSENT AGENDA
ORDINANCES
ITEM # 41373
Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ~DOPTED:
Ordinances appointing viewers:
In the petition of ~4LLSAFE SELF STORAGE, L.L.C. for the closure of a portion of
South Kentucky Avenue, Northeast of the intersection with Bonney Road (KEMPSFILLE
BOROUGH).
In the petition of RON~4LD W. and JUDITH N. BOONE for the closure ora portion of
Shore Drive (formerly Lynnhaven Boulevard) (BAYSIDE BOROUGH).
The Viewers are:
David M. Grochmal
Ralph A. Smith
Robert J. Scott
Director of General Services
Director of Public Works
Director of Planning
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis 1~ Jo~es, Reba S. McClanan,
Mayor Meyera E. Oberndo~~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
ORDINANCE APPOINTING VIEWERS
WHEREAS, Allsafe Self Storage, L. L. C. has given due and proper notice, i,
accordance with the statutes for such eases made and provided that they will on the ,.ff ~ a~
day of tOc_.J?)~t/ , 1996 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 of variable width, and had filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia
Beach, Virginia:
THAT Robert J. Scott
David M. Grochrnal and
Ralph A. Smith arehereby
appointed to view the below described property and report in writing to the Council; as
soon as possible, whether in their opinion, any, and if any, what inconvenience would
result in the discontinuing and vacating ora portion of that certain street of variable width
located in the City of Virginia Beach, Virginia, and more particularly described as follows:
South Kentucky Avenue beginning at a
poh~t 268.44' N 00° 21' 26" W from its
intersection with Bonney Road; the point
ofbegimfing thence N 00° 21' 26" W a
distance of 30.00'; thence N 89° 35' 21"
E a distance of 44.15'; thence S 00° 24' 39"
E a distance of 30.00'; thence S 89° 35' 21" W
a distance of44.18' to the poi,t ofbegimfing.
(Portion to be vacated is designated os 1,325.0
square feet of South Kentucky Avenue, formerly
Fremont Aveune)
All the above as shown upon that certain plat entitled "Street Closure Exhibit Plat
Located along a Portion of South Kentucky Avenue, Kempsville Borough, Virginia Beach,
Virginia:, wlfich plat is attached hereto and made a part hereof and intended to be recorded
with the Ordinance closing the aforedescribed street.
29
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on this
October , 1996,
CA-6455
APPROVED AS TO
LEGAL SUFFICIENCY
W Nsa'o G.
ATTORNEY AND COUNSELLOR AT LAW
2624 SOUTHERN BOULEVARD. SUITE 101
VIRGINIA BEACH, VIRGINIA 23452
TELEPHONE (757) 463-5250
FAX (757) 463-7253
CERTIFICATE OF VESTING OF TITLE
I, Winston G. Snider, attorney for Ronald W. Boone and
Judith N. Boone, do hereby certify that:
1. That I am an attorney-at-law and represent Ronald
W. Boone and Judith N. Boone, the Petitioners.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia
Beach, Virginia, then title to said property will vest in
Ronald W. Boone and Judith N. Boone.
The said property referred to herein
is hereby
described as follows:
Beginning at a point on the eastern right of way
of Rockbridge Road said point being the dividing
line between Lots 1 and 2, Block 14, Plat of
Section "B" of Ocean Park. Thence in a southerly
direction along a curve to the right radius of
732.09' and a length of 82.04' to the true point
of beginning. Thence continuing in a southerly
direction along a curve to the right radius of
732.09' and a length of 48.27'. Thence in a
southeasterly direction along a curve to the left
radius of 60.11' and a length of 29.78'. Thence
along a curve to the left radius of 28.78' and a
length of 16.70'. Thence in a northeasterly
direction along a curve to the right radius of
50.00' and a length of 36.17'. Thence along the
southern right of way of Lynnhaven Boulevard along
a curve to the right radius of 125.00' and a length
of 102.13'. Thence along a curve to the right
radius of 30.00' and a length of 19.25' to the
western right of way of Dinwiddie Road. Thence in
a northeasterly direction along a curve to the left
radius of 28.78' and a length of 16.03'. Thence
along a curve to the left radius of 128.83' and a
length of 69.72' to the intersection of the western
right of way of Dinwiddie Road and the northern
right of way of Lynnhaven Boulevard. Thence in a
southerly direction along a curve to the left
radius of 30.00' and length of 52.17' along the
northern right of way of Lynnhaven Boulevard.
Thence continuing along the northern right of way
of Lynnhaven Boulevard along a curve to the left
radius of 165.00' and a length of 134.81'. Thence
continuing along the northern right of way of
Lynnhaven Boulevard along a curve to the right
radius of 30.00' and a length of 54.80' to the true
point of beginning. Said Parcel containing 8,319
square feet.
Snider
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET, KNOWN AS SHORE DRIVE, AS
SHOWN AND DESIGNATED AS EXHIBIT SHOWING PROPOSED STREET
CLOSURE OF SHORE DRIVE (FORMERLY LYNNHAVEN BOULEVARD), WHICH
PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, Ronald W. Boone and Judith N. Boone,
respectfully represent as follows:
1. That pursuant to the provisions of §15.1-364 of the
1950 Code of Virginia, as amended, the Petitioner applies 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 right of way
of Rockbridge Road said point being the dividing
line between Lots 1 and 2, Block 14, Plat of
Section "B" of Ocean Park. Thence in a southerly
direction along a curve to the right radius of
732.09' and a length of 82.04' to the true point
of beginning. Thence continuing in a southerly
direction along a curve to the right radius of
732.09' and a length of 48.27'. Thence in a
southeasterly direction along a curve to the left
radius of 60.11' and a length of 29.78'. Thence
along a curve to the left radius of 28.78' and
a length of 16.70' Thence in a northeasterly
direction along a curve to the right radius of
50.00' and a length of 36.17'. Thence along the
southern right of way of Lynnhaven Boulevard
along a curve to the right radius of 125.00' and
a length of 102.13'. Thence along a curve to the
right radius of 30.00' and a length of 19.25' to
the western right of way of Dinwiddie Road.
Thence in a northeasterly direction along a curve
to the left radius of 28.78' and a length of
16.03'. Thence along a curve to the left radius
of 128.83' and a length of 69.72' to the
intersection of the western right of way of
Dinwiddie Road and the northern right of way of
Lynnhaven Boulevard. Thence in a southerly
direction along a curve to the left radius of
30.00' and a length of 52.17' along the northern
right of way of Lynnhaven Boulevard. Thence
continuing along the northern right of way of
Lynnhaven Boulevard along a curve to the left
radius of 165.00' and a length of 134.81'
Thence continuing along the northern right of way
of Lynnhaven Boulevard along a curve to the right
radius of 30.00' and a length of 54.80' to the
true point of beginning. Said Parcel containing
8,319 square feet.
Said parcel of land being Shore Drive (formerly
Lynnhaven Boulevard), as indicated on that certain plat
entitled "Exhibit Showing Proposed Street Closure, Plat of
Section "B" of Ocean Park, which plat 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 person 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 to the Council on
or before the day of , 1996, as to
whether in the opinion of the said 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 24th day of September, 1996, and on the
1st day of October, 1996, notice of the presenting of this
application was published in the Beacon, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted
street are the Petitioners herein.
Respectfully submitted,
RONALD W. BOONE and
JUDITH ~/~ BOONE
/!
/
Winston G. Snider
2624 Southern Boulevard, Suite 101
Virginia Beach, VA 23452
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Winston G. Snider, Attorney for Ronald W. Boone and
Judith N. Boone, being first duly sworn, deposes and states:
1. That I am an Attorney at Law and represent Ronald
W. Boone and Judith N. Boone.
2. That on the 24th day of September, 1996 and on the
1st day of October, 1996 notice of the presenting of the
application to close a portion of that certain street known
as Shore Drive on behalf of Ronald W. Boone and Judith N.
Boone, was published in the Beacon, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
And further the deponent saith not.
Winsto/~ [3. Snider
Subscribed and sworn to before me this ~3m~-~ day of
September, 1996.
My commission expires:
Notary Public
THE VIR6INIAN-PILOT
ISTATE.ENT NO. IPAGEI~NVOTCE DATE
AD NUMaER IZNVC NUMBER
BZLLED ACCT'I 17226660o].
I """"" I
BZLLEO ACCOUNT
W/NSTON G. SNZDER
SUZTE 101
2624 SOUTHERN BLVD.
VA BEACH,
VA 23452
ZSSUE EDZTZON ZNVC NBR DEBCRZPTZON 8ZZE GRO~g ANT,
09/2q/96 FULL 722666001 B(N~NE 2 X 0055 lql.90
10/01/96 FULL 722666002 BOONE 2 X 00.65 1~1.90
TOTAL 283.80
NOTICE
C ~ VI ~ ~ ~.~.~,--
..... ' ' I
~ln ~.
nnlng ~ m ~mt ~ ~ ~ ~ Y
to ~ TRUE POINT OF BEGI~H~u.. )~n~ ~,~ ~, and
~[~E a cu~ to ~e le~ r~l~ of 28.78' and a ~~.;
T~ In a ~d~aster~ di~t~ ~ a c~ ~,~-~
~ 50.~ and a le~ of 36.~7 :ln~ a,o.~ ;~ .~.~t r-di~of
~25.~' and a len~ ~ ~02.~3'. Thence a~n8 a cu~ to the risht
radius of 30.00' and a len;h ~ ~9.25' to ~e ~m rlsht ~ way
of Dinwi~ie R~d Th~ in a no~tedy dl~, ~n8 a
cuwe to t~ le~ radius of 28.78' and_~,len~h ~ ~.~
a~n8 a cu~ to ~e I~ ~dlus ~ t28.83 ana a mn;~.~
the no,bern r~t ~ way ~ Lynnha~n ~l~ard. Th~ In
and a len;h of ~34 8~'. Th~ continuing along the no~m ri~t
~ wa ¢ Lynnh~en ~u~a~ alone a cu~.t
30.0~' and a len~ of 54,80' to the tr~ ~lnt
panel contalnin& 8,3~9 ~uam ~. .
At that ti~, anwne afl~ ~ ap~r
After ~e m~ of t~ Viewem ~s r~m~, a; me.n ~ L-
m~ting of t~ C ~ C~nc , or ~ ~n ~ema~r
la~ on t~ agenda ~e u~e~i~ will ~tihon the
~ va~te c~ and di~ntlnue that ~o~.o~ ~_~[~ L~
~ Lynnh~n ~uleva~) in t~ C~ ~ vl~lma ~., -,,e ....
~d~ a~. ~NALD W. ~NE and
JUDITH N. B~NE
By: Wilton G. ShAder
~ ~un~
Winston G. ShAder
2624 S~t~ ~ul~a~ Suite
Vi~in~ ~ach, VA 23452 VA 9~4,1~, 1996
State of Virginia *o-.~*: AFFIOAVIT
City of Norfolk
This day Lisa Y. Wells personally appeared before me and after being duly sworn made oath that
(1) (He) (She) is affidavit clerk of The VirgAnian-Pilot a newspaper published by Landmark
Communications Inc., An the cAtAes of Norfolk, Portsmouth, Chesapeake, Suffolk, and VArginia
Beach, State of Virginia;
(2) That the advertAsement hereto annexed at BOONE has been publAshed An
saAd newspaper during the followAng dates: 09/24/96 ' 10/01/9&
(~ Affiant
Subscribed and sworn to before me in my city and state aforesaid this 7TH day of OCTOBER
1996 ~...~. ~_
My commissAon expires DECEMBER 31, 1999
Notary Public
IN THE MATTER OF CLOSING, VACAT1NG AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET, KNOWN AS SOUTH KENTUCKY AVENUE, AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE EXHIBIT
PLAT LOCATED ALONG A PORTION OF SOUTH KENTUCKY AVENUE,
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS
ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Allsafe Self Storage L. L. C. Respectfully represent as follows:
!. That Pursuant to the provisions of Section 15.1-364 of the 1950 Code of
Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance
of a portion of that certain street, which is more specifically described as follows:
South Kentucky Avenue beginning at a
point 268.44' N 00° 21' 26" W from its
Northeast Intersection witli Bonney Road;
the point of beginning, thence N 00° 21' 26"
W a distance of 30.00'; thence N 89° 35' 21"
E a distance of 44.15'; thence S 00° 24' 39"
E a distance of 30.00'; thence S 89° 35' 21" W a
distance of 44.18' to the point of beginning.
(Portion to be vacate is designated as 1,325.0
square feet of South Kentucky Avenue, formerly
Fremont Avenue)
Said parcel of land being a portion of South Kentucky Avenue as indicated located
on that certain plat entitled "Street Closure Exhibit Plat Located along a Portion of South
Kentucky Avenue, Kempsville Borough, Virginia Beach, Virginia", which plat is attached
hereto and made a part hereof and intended to be recorded with tlie 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 Petitioner prays that this Honorable
Council appoint viewers as provided by law to view said platted street proposed to be
closed and to report writing to the Council on or before the ~£d day of?_~_ cp~,/
1996, as to whether in the opinion of said 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 llth day of October, 1996 and on the 18th day of
October, 1996, notice of the presenting of this application was published in the Beacon, a
newspaper ofgeneral circulation in the City of Virginia Beach, Virginia.
4. That the fee simple ovn~ers ofall land along and adjacent to and affected by
said portion of the platted street and your Petitioner herein, Allsafe Self Storage, L. L. C.;
Collins Square Associates, L.P.; and Charles G. Parker, Jr. and Susan L. Barker.
Respectfully submitted,
ALLSAFE SELF STORAGE, L.L.C.
Henry L. Sadler, III
SADLER & SWAN
5330 Newtown Road Suite 530
Norfolk, Vkghfia 23502
PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of
Virginia Beach, Virginia, to be held on the ~ ~day of ~Jd-a&r' , 1996 at 6:00 p.m.,
at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will
petition the Council for the appointment of Viewers to view the below-described portion
of that certain street and report to the City Council whether in the opinion of the Viewers,
what, if any, inconvenience would result ~om the vacating, closing and discontinuance of
same, the said portion of said street being described as follows:
South Kentucky Avenue beginning at a point
268.44' N 00° 21' 26" W from its Northeast
intersection with Bmmey Road; the point of beginning
thence N 00° 21' 26" W a distance of 30.00', thence
N 89° 35' 21" E a distance of 44.15'; thence S 00° 24'
39" E a distance of 30.00"; thence S 89° 35' 21" W a
distance of 44.18' to the point of beginning. (Portion
to be vacated is designated as 1,325.0 square feet of
South Kentucky Avenue, formerly Fremont Avenue)
All the above, as shown upon that certain plat entitled Street Closure Exhibit Plat
located along a portion of South Kentucky Avenue, Kempsville Borough, Virginia Beach,
Virginia made by The Spectra Group dated August 28, 1996.
At that time, anyone affected may appear and present his views.
After the report of the Viewers is received, at the next regular meeting of the City
Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned
will Petition the City Council to vacate, close and discontinue that portion of South
Kentucky Avenue in the City of Virginia Beach, Virginia, described above.
ALLSAFE SELF STORAGE, L.L.C.
Henry L. Sadler, III
SADLER & SWAN
6330 Newtown Road Suite 530
Norfolk VA 23502
STATE OF VIRGINIA
CITY OF NORFOLK, to-wit:
I, Hem3, L. Sadler, III, attorney for Allsafe Self Storage, L. L. C., being first duly
sworn, deposes and states:
Oc:fc)ber
That I am an attorney at law and represent Allsafe Self Storage, L. L. C.
That on the .//r day of fl 21 _, 1996 and on the ] ~ ~q day of
,1996, notice of the presenting of the application to close a portion of that
certain street known as South Kentucky Avenue on behalfofAllsafe Self Storage, L. L.
C., was published in the Beacon, a newspaper of general circulation in the City of Virginia
Beach, Vir~nia.
And further the deponent saith not.
Henry~a[ller, ili
Subscribed and sworn to before me this/2,7/4 ~2~c
day of f ,1996.
Notary~~
My commission expires:
HENRY L. SADLER,
WILLIAM H. SWAN,
SADLER & SWAN
ATTORNEYS AND COUNSELLORS AT LAW
SIONET BANI~[. ]~UILDING
SUXTE 5130
63130 NEWTOWN ROAD
NORFOLK, VIRGINIA 23502
(~o~) ~- ~
FAX (804) 461-6658
t
CERTIFICATE OF VESTING OF TITLE
I, Henry L. Sadler, m attorney for Allsafe Self Storage, L.L.C., do hereby certify that:
1. I am an attorney at law and represent Allsafe Self Storage, L.L.C. the
petitioner.
2. If the property described below is discontinued, closed and vacated by the
Council of the City of Virginia Beach, Virginia, then title to said property will vest in Allsafe
Self Storage, L.L.C., the Petitioner.
The said property referred to herein is hereby described as follows:
South Kentucky Avenue beginning at a point
268.44' N 00° 21' 26" W from its Northeast
intersection with Bonney Road; the point of
beginning, thence N 00° 21' 26" W a distance
of 30.00'; thence N 89° 35' 21" E a distance
of 44.15'; thence S 89° 35' 21"E a distance
of 30.00'; thence S 89° 35' 21" W a distance of
44.18' to the point of beginning. (Portion to
be vacated is designated as 1,325.0 square
feet of South Kentucky Avenue, formerly Fremont
Avenue)
Cert/vcst/title
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS SOUTH
KENTUCKY AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"STREET CLOSURE EXHIBIT PLAT LOCATED ALONG A PORTION OF SOUTIt
KENTUCKY AVENUE, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA"
WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been given by Allsafe Self
Storage, L.L.C., that it would make application to the Council of the City of Virginia Beach,
Virginia, on
., 1996, to have the hereatter described street discontinued,
closed and vacated; and
WHEREAS, it is the judgment of the Core,cji that said street be disconth~ued, 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, dosed and vacated:
South Kentucky Avenue beghming at a point
268.44' N 00° 21' 26" W from its Northeast
intersection with Bonney Road; the point of
begilming thence N 00° 21' 26" W a distance of
30.00'; thence N 89° 35' 21"E a distance of 44.15';
thence S 00° 24' 39" E a distance of 30.00'; thence
S 89° 35' 21"W a distance of 44.18' to the point
ofbegimfing. (Portion to be vacated is designated
as 1,325.0 square feet of South Kentucky Avenue,
formerly Fremont Avenue)
Said parcel of land designated as "Portion of Street proposed for closure AREA =
1325.00 square feet or 0.0304 Acre" as indicated on that certain plat of property in Virginia
Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the
City of Vkginia Beach, Virginia, upon adoption oftlds ordinance, and is made a pall hereof
by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
Court of the City of VirQnia Beach, Virginia, and indexed in the name of the City of VkgiMa
Beach as Grantor.
Adopted:
GPIN #: /~°° 7 - / 5/- gL)OD
LEGAL DESCRIPTION OF PROPERTY
South Kentucky Avenue begimfing at a point 268.44' N 00° 21' 26" W from its Northeast
intersection with Bonney Road; the point ofbegimfing, thence N 00° 21' 26" W a distance
of 30.00'; thence N 89° 35' 21" E a distance of 44.15'; thence S 00° 24' 39" E a distance of
30.00 '; thence S 89° 35' 21" W a distance of 44.18' to the point of beginning. (Portion to be
vacated is designated as 1,325.0 square feet of South Kentucky Avenue, formerly Fremont
Avenue)
ORDINANCE APPOINTING VIEWERS
WHEREAS, Ronald W. Boone and Judith N. Boone have given
due and proper notice, in accordance with the statutes for
such cases made and provided that they will on the 2~a~% day
of October, 1996, 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 of variable 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 Robert J. Scott,
David M. Grochmal
and Ralph A. Smith
are hereby appointed to view the below
described property and report in writing to the Council, as
soon as possible, whether in their opinion, any, and if any,
what inconvenience would result in the discontinuing and
vacating of 'a portion of that certain street of variable
width located in the City of Virginia Beach, Virginia, and
more particularly described as follows:
Beginning at a point on the eastern right of way
of Rockbridge Road said point being the dividing
line between Lots 1 and 2, Block 14, Plat of
Section "B" of Ocean Park. Thence in a southerly
direction along a curve to the right radius of
732.09' and a length of 82.04' to the true point
of beginning. Thence continuing in a southerly
direction along a curve to the right radius of
732.09' and a length of 48.27' Thence in a
southeasterly direction along a curve to the left
radius of 60.11' and a length of 29.78'. Thence
along a curve to the left radius of 28.78' and
a length of 16.70' Thence in a northeasterly
direction along a curve to the right radius of
50.00' and length of 36.17' Thence along the
southern right of way of Lynnhaven Boulevard
along a curve to the right radius of 125.00' and
a length of 102.13'. Thence along a curve to the
right radius of 30.00' and a length of 19.25' to
the western right of way of Dinwiddie Road.
Thence in a northeasterly direction along a curve
to the left radius of 28.78' and a length of
16.03' Thence along a curve to the left radius
of 128.83' and a length of 69.72' to the
intersection of the western right of way of
Dinwiddie Road and the northern right of way of
Lynnhaven Boulevard. Thence in a southerly
direction along a curve to the left radius of
30.00' and a length of 52.17' along the northern
right of way of Lynnhaven Boulevard. Thence
continuing along the northern right of way of
Lynnhaven Boulevard along a curve to the left
radius of 165.00' and a length of 134.81'.
Thence continuing along the northern right of way
of Lynnhaven Boulevard along a curve to the right
radius of 30.00' and a length of 54.80' to the
true point of beginning. Said Parcel containing
8,319 square feet.
Ail the above as shown upon that certain plat entitled
Section "B" of Ocean Park, which plat is attached hereto and
made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
Adopted by the ~uncil of the ~it¥ of Virginia Beach,
ucgo~er
Virginia, on this day of , 1996.
APPROVED AS TO
LEGAL $UFFICIENCV
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET, KNOWN AS SHORE DRIVE, AS
SHOWN AND DESIGNATED AS EXHIBIT SHOWING PROPOSED STREET OF
SHORE DRIVE (FORMERLY LYNNHAVEN BOULEVARD), WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by Affidavit that proper notice
has been given by Ronald W. Boone and Judith N. Boone, that
they would make application to the City Council of the City
of Virginia Beach, Virginia, on the day of ,
1996, to have the hereinafter described street discontinued,
closed and vacated; and
WHEREAS, it is the judgment of the Council that the 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:
Beginning at a point on the eastern right of way
of Rockbridge Road said point being the dividing
line between Lots 1 and 2, Block 14, Plat of
Section "B" of Ocean Park. Thence in a southerly
direction along a curve to the right radius of
732.09' and a length of 82.04' to the true point
of beginning. Thence continuing in a southerly
direction along a curve to the right radius of
732.09' and a length of 48.27'. Thence in a
southeasterly direction along a curve to the left
radius of 60.11' and a length of 29.78'. Thence
along a curve to the left radius of 28.78' and
a length of 16.70'. Thence in a northeasterly
direction along a curve to the right radius of
50.00' and a length of 36.17'. Thence along the
southern right of way of Lynnhaven Boulevard
along a curve to the right radius of 125.00' and
a length of 102.13'. Thence along a curve to the
right radius of 30.00' and a length of 19.25' to
the western right of way of Dinwiddie Road.
Thence in a northeasterly direction along a curve
to the left radius of 28.78' and a length of
16.03' Thence along a curve to the left radius
of 128.83' and a length of 69.72' to the
intersection of the western right of way of
Dinwiddie Road and the northern right of way of
Lynnhaven Boulevard. Thence in a southerly
direction along a curve to the left radius of
30.00' and length of 52.17' along the northern
right of way of Lynnhaven Boulevard. Thence
continuing along the northern right of way of
Lynnhaven Boulevard along a curve to the left
radius of 165.00' and a length of 134.81'.
GPIN NO. 1489-49-8135-0000
Thence continuing along the northern right of
way of Lynnhaven Boulevard along a curve to the
right radius of 30.00' and a length of 54.80' to
the true point of beginning. Said Parcel
containing 8,319 square feet.
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia
Beach, as grantor.
SECTION III
WARD M. HOLMES
LAND SURVEYOR, P.C.
9225 GRANBY STREET
NORFOLK, VIRGINIA 23503
(804) 480-1230 · Fax (804) 583-7390
LEGAL DESCRIPTION
Beginning at a point on the eastern right of way of Rockbridge Road said
point being the dividing line between Lots I and 2, Block 14 Plat of
Section 'B' of Ocean Park. Thence in a southerly direction along a curve
to the right radius of 732.09' and a length of 82.04' to the true point
of beginning. Thence continuing in a southerly direction along a curve to
~he right radius of 732.09' and a length of 48.27'.Thence in a south east-
erly direction along a curve to the left radius of 60.11' and a length of
29.78'. Thence along a curve to the left radius of 28.78' and a length of
16.70'. Thence in a north easterly direction along a curve to the right
radius of 50.00' and a length of 36.17'. Thence along the southern right
of way of Lynnhaven Boulevard along a curve to the right radius of 125.00'
and a length of 102.13'. Thence along a curve to the right radius of 30.00'
and a length of 19.25' to the western right of way of Dinwiddie Road.
Thence in a north easterly direction along a curve to the left radius of
28.78' and a length of 16.03' Thence along a curve to the left radius of
128.83' and a length of 69.72; to the intersection of the western right of
way of Dinwiddie Road and the northern right of way of Lynnhaven Boulevard.
Thence in a southerly direction along a curve to the left radius of 30.00'
and a length of 52.17' along the northern right of way of Lynnhaven
Boulevard. Thence continuing along the northern right of way of Lynnhaven
Boulevard along a curve to the left radius of 165.00' and a length of
134.81'. Thence continuing along the northern right of way of Lynnhaven
Boulevard along a curve to the right radius of 30.00' and a length of 54.80'
to the true point of beginning. Said Parcel containing 8,319 square feet.
L
i
1,~OTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held
on the 22nd day of October, 1996 at 6:00 p.m. at the City
Hall of the City of Virginia Beach, Virginia, the undersigned
will petition the Council for the appointment of Viewers to
view the below-described portion of that certain street and
report to the City Council whether in the opinion of the
viewers, what, if any, inconvenience would result from the
vacating, closing and discontinuance of same, the said
portion of said street being described as follows:
Beginning at a point on the eastern right of way
of Rockbridge Road said point being the dividing
line between Lots 1 and 2, Block 14, Plat of
Section "B" of Ocean Park. Thence in a southerly
direction along a curve to the right radius of
732.09' and a length of 82.04' to the true point
of beginning. Thence continuing in a southerly
direction along a curve to the right radius of
732.09' and a length of 48.27'. Thence in a
southeasterly direction along a curve to the left
radius of 60.11' and a length of 29.78'. Thence
along a curve to the left radius of 28.78' and
a length of 16.70' Thence in a northeasterly
direction along a curve to the right radius of
50.00' and a length of 36.17'. Thence along the
southern right of way of Lynnhaven Boulevard
along a curve to the right radius of 125.00' and
a length of 102.13'. Thence along a curve to the
right radius of 30.00' and a length of 19.25' to
the western right of way of Dinwiddie Road.
Thence in a northeasterly direction along a curve
to the left radius of 28.78' and a length of
16.03'. Thence along a curve to the left radius
of 128.83' and a length of 69.72' to the
intersection of the western right of way of
Dinwiddie Road and the northern right of way of
Lynnhaven Boulevard. Thence in a southerly
direction along a curve to the left radius of
30.00' and a length of 52.17' along the northern
right of way of Lynnhaven Boulevard. Thence
continuing along the northern right of way of
Lynnhaven Boulevard along a curve to the left
radius of 165.00' and a length of 134.81'
Thence continuing along the northern right of way
of Lynnhaven Boulevard along a curve to the right
radius of 30.00' and a length of 54.80' to the
true point of beginning. Said Parcel containing
8,319 square feet.
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter
as the matter be placed on the agenda, the undersigned
will petition the City Council to vacate, close and
discontinue that portion of Shore Drive (formerly Lynnhaven
Boulevard) in the City of Virginia Beach, Virginia, described
above.
RONALD W. BOONE and
JUDITH N. BOONE
By:
Winston G. Snider
2624 Southern Boulevard, Suite 101
Virginia Beach, VA 23452
- 35 -
Item F'-K. 7.
CONSENT AGENDA
ORDINANCES
ITEM # 41374
Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize License Refunds in the amount of $4,733.95 upon
application of certain persons and upon Certification of the
Commissioner of the Revenue.
11-0 (By ConsenO
Council Members Voting Aye:
John/1. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members P'oting Nay:
None
Council Members ~4bsent:
None
October 29, 1996
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPUCATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Ronald W. Barnish
T/A Tubs Etc.
4717 Kempsville Greens Pkwy.
Virginia Beach, VA 23462
Beach Carousel Ltd.
T/A Beach Carousel Motel
481 Goodspeed Road
Virginia Beach, VA 23451
Edison Brothers Mall Entertainment
P. O. Box 14445
St. Louis, MO 63178
1995 Audit 125.29
1995-96 Audit 137.99
1995 Audit 209.24
125.29
137.99
20924
This'ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $472.52
of the City of Virginia Beach on the 29th
Certified as to Payment:
~.-Ro~ert P. Vau~han ~
Commissioner of the Revenue
Approved as to form:
"L"'~I~' L. Lille~ '%'"' "~
City Attorney
were approved by the
day of October
Council
,19
96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID'
1995 Au d it 408.72 408.72
Matthews, Inc.
T/A Matthews Hallmark
C/O Reading China/Glass
100 Lake Drive
Newark, De 19702
Sonnet, Kevin J.
TA Sonnet Drywall
2079 Salem Road
Virginia Beach, VA 23456
Summit Research Corporation
1 West Deer Park Drive
Gaitherburg, MD 20877
199,3 -96 Audit 18.53 18.53
1996 Audit 2,010.90 2,010.90
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,438.15
of the City of Virginia Beach on the 29th
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the
day of October
Council
,19 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Frank d. Santoro, Trustee
Va Beach Assoc. Realty, Inc
P. O. Box 69
Portsmouth, VA 23705-0069
Wright, Gary W.
T/A Wrights Well & Irrigation
2417 Trant Lake Drive
Virginia Beach, VA 23454
1994 Audit 1,688.29 1,688.29
1994-96 Audit 134.99 134.99
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,823.28
of the City of Virginia Beach on the 29th
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the
day of October
Council
,19 96
Ruth Hodges Smith
City Clerk
- 36 -
Item F'-K.8.
CONSENT AGENDA
ORDINANCES
ITEM # 41375
tl.i~n motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize Personal Property Tax Refunds in the amount of
$100.30 upon application of certain persons and upon Certification of the
City Treasurer.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy 32. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
10/4/96
FORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera. Date Penalty Int. Total
Year of Tax Number tion No. Paid
INC. 1992 PP 214222-7 2/8/96 3.72 .65 4.37
" ", 214221-8 2/8/96 10.45 1.84 12.29
" " 214223-6 11/23/93 - .60 .60
" " 214218-3 8/9/94 5.68 1.15 6.83
" " 214224-5 8/9/94 10,00 1.06 11.06
" " 214218-3 2/8/96 10.00 1.61 11.61
" " 214216-5 7/27/93 - .28 .28
" " 214219-2 9/9/93 - . 17 . 17
" " 214216-5 8/10/93 10.00 .34 10.34
" " 214223-6 10/4/93 - . 30 . 30
" " 214219-2. 10/4/93 10.00 .45 10.45
" " 214224-5 2/1/94 - . 15 . 15
" " 214223-6 2/1/94 10.00 .73 10.73
" " 214220-9 7/15/93 10.00 .72 10.72
" " 214217-4 7/15/93 10.00 .40 10.40
WAYMAR,
Total 89.85 10.45 100.30
This ordinance shall be effective from date of adoption.
The ~l::~v0e. ~atement(s) totaling
were approved by
the Counci'l of the City of Virginia
Beach on the 29. day of Octobe~-~ .1996
Ruth Hodges Smith
City Clerk
Jc~ Y.~tkll~o~, ~reasurer
Approved as to form:
Leslie L. Lilley, ~ty Attorney ~....__._~,
- 37 -
Item V-L.1.
RESOLUTIONS
ITEM # 41234
Judith Connors, 3958 Whispering Oaks Place, Phone: 464-3640, registered concerns.
Upon motion by Councilman Jones, seconded by Council Lady Henley, City Council ADOPTED:
Resolution re restoration and maintenance of the Ferry Farm House:
to express appreciation for the efforts of the Friends of the Ferry
Plantation House, Inc.; approve the use of $2,000 to assist the Friends
with the cost of architectural services; and, direct staff to initiate action
· to ,4PPROPRI,4TE $68,550 from the sale of the excess right-of-way
resulting in the closure of a portion of Old Donation Parkway.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John ~4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ~4bsent:
None
October 29, 1996
1
2
3
A RESOLUTION PERTAINING TO THE
RESTORATION AND MAINTENANCE OF THE
FERRY FARM HOUSE
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
WHEREAS, the owners of the Ferry Farm House have offered
to dedicate the property to the City of Virginia Beach.
WHEREAS, the City Council has accepted the offer of
dedication.
WHEREAS, the Friends of the Ferry Plantation House, Inc.
(Friends), a non-profit corporation organized exclusively for
charitable and educational purposes, is engaged in fund raising for
the purpose of financing necessary repairs and maintenance to the
property.
WHEREAS, the Friends desire to engage the services of an
architect to provide professional advice as to necessary and
desirable restoration measures to be undertaken.
WHEREAS, the Council has approved a street closure and
sale of excess right-of-way which will result in the payment of
$68,550.00 to the city.
WHEREAS, the Council desires to assist the Friends in
their efforts to formulate a restoration plan for the property and
further desires to devote the funds realized from the sale of the
excess right-of-way to the project to restore the Ferry Farm House.
THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT:
1. The City Council appreciates the efforts of the
Friends of the Ferry Plantation House, Inc. to formulate a
restoration and maintenance plan for the historic Ferry Plantation
property;
2. The City Council approves of the utilization of
$2,000.00 to assist the Friends with the cost of architectural
services for such purpose; and
3. The city staff is requested to initiate action as
necessary to appropriate for restoration - maintenance of the Ferry
34
35
Farm Property the $68,550.00 from the sale of the excess right-of-
way.
36
37
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 29 day of October , 1996.
38
39
40
41
CA-6459
ORDIN\ NONCODE \ CA6459 . RES
R-1
PREPARED: 10/22/96
DEPAR~IEI~
APPROVED AS ~0 I,EGA.~
- 38 -
Item V-M.
PUBLIC HEARING
ITEM # 41377
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
I. NO ACTION ITEMS
a. DEVELOPMENT OPTIONS, INC.
PLANNING
b. ROLLINGWOOD, L.L.C.
2. LAWRENCE A. SANCILIO, RACHEL V. XANCILIO,
LENA SANCILIO, MAURICE STEINGOLD, LEWIS B.
STEINGOLD AND SIGNET IZ4NK/I/'IRGINL4, Trustees under
the 14rdl of Israel Steingold
3aJtlCKORY PROPERTIES, L.L.C./Old Donation Parkway
3bJ~ANNAFORD BROTHERS/Republic Road
3c. CITY OF VIRGINIA BEACH/alley between Virginia Beach
Boulevard and 18th Street
4. SUBURBAN LODGES OF AMERICA, INC.
5. M. R. WELCH
6. PRIMECO PERSONAL COMMUNICATIONS, L.P.
7. PEP BOYS
8. USA ENTERTAINMENT, L.C.
9. SHIPS WATCH ASSOCIATES, L.L.C.
CONDITIONAL CHANGE
OF ZONING
CHANGE OF ZONING
CONDITIONAL USE PERMIT
STREET CLOSURE
STREET CLOSURE
STREET CLOSURE
STREET CLOSURE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL CIZ4NGE
OF ZONING
CONDITIONAL USE PERMIT
VACATION OF EASEMENT
10. CITY OF VIRIGNIA BEACH~CITY ZONING ORDINANCE
AMEND AND REORDAIN
Sections 111, 207, 30L
4o1, ~Ol, 7o1, 8o1, 9o1,
1001, 1501, 1511, 1521, and 1531
re use regulations for unmanned
communication facilities
Section 203 re on-site vehicular
parking requirements for
restaurants.
Section 1408.1 re standards for
use and d~elopment of wetlands
October 29, 1996
- 39 -
Item P'-M.l ~t. lb.
PUBLIC HEARING
ITEM # 41378
PLANNING
NO ACTION ITEMS - Deferred by Planning Commission for 30-Days
Application of DEVELOPMENT OPTIONS, INC., for a
Change o_f Zoning District Class(fication from R-5D
Residential Duplex District to Conditional B-2 Community
Business District at the Northeast intersection of Lynnhaven
Parkway and Salem Road, containing 5.17 acres
(KEMPSVILLE BOROUGH).
Applications of ROLLINGWOOD, L.L.C., at the Southeast and
Northeast intersection of Holland Road and Ferrell Parkway
(2400 Holland Road), containing 101 acres, more or less
(PRINCESS ~3fNE BOROUGH):
Change of Zoning District Classfficatior~ from ,4G-1 and~4G- 2
Agricultural Districts to R-Z5 Residential District.
Conditional Use Permit for a private school
October 29, 1996
Item V-M.
PUBLIC ~G
ITEM # 41379
PLANNING BY CONSENT
Ut~on motion by I/ice Mayor Sessoms, seconded by Councilman Baun~ City Council APPROVED in ONE
MOTION Items ~ 3, ~ 7 and 10 a.b.c, of the PLANNING BY CONSENT Items.
Item 2 was DEFERRED FOR AN ADDITIONAL 180 DAYS BY CONSENT until the City Council
Session of April 22, 199Z
Items 6 and 7 were WITHDRAWN BY CONSENT.
Item lOb was DEFERRED until the City Council Session of November 12, 1996, BY CONSENT.
Voting: 11-0
Council Members Voting ~lye:
John ~4. Baum, Linwood O. Branch, III,, William ~. Harrison, Jr.*,
Harold Heischober, Barbara M. Henley, Louis I~ Jones, Reba S.
McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ,4bsent:
None
Councilman Harrison ABSTAINED on 3. b. (Closure of a portion of Republic Road in the petition of
Hannaford Brothers Company) as his law firm represents the applicant.
October 29, 1996
- 41 -
Item V-M.2.
PUBLIC HEARING
ITEM # 41380
PLANNING BY CONSENT
[Jpon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council AUTHORIZED, BY
CONSENT, an ADDITIONAL 180-DAY DEFERRAL (to 22April 1997): Ordinance for discontinuance,
closure and abandonment in the Petition of LAWRENCE A.. SANCILIO, RACHEL V. SANCILIO,
LRN~4 SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA,
Trustees under the Will of Israel Steingold:
Application of Lawrence A. Sancilio, Rachel I~. Sancilio, Lena Sancilio,
Maurice Steingold, Lewis B. Steingold and Signet Bank/Virginia, Trustees
under the Will of Israel SteingoM for the discontinuance, closure and
abandonment of the following streets:
Wagner Street: Beginning at the southern boundary of Bonney Road and
running in a southerly direction a distance of 1096 feet more or less to
the northern boundary of the Virginia Beach-Norfolk Expressway.
First Street: Beginning at the western boundary of Avenue E and running
in a westerly direction a distance of 349. 78 feet.
ve, tF_~l_U_O~: The western 25.01 feet, beginning at a point 200 feet south of
First Street and running in a southerly direction a distance of 214.6 7 feet
to the northern boundary of the Virginia Beach-Norfolk Expressway.
L YNNHA VEN BOROUGH.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jo~es, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
Bern V-M.3~.c.
PUBLIC HEARING
ITEM # 41381
PLANNING BY CONSENT
~]pon motion by ~ce Mayor Sessoms, seconded by Councilman Baton, City Council AUTHORIZED
FINAL APPROI,'AL: Portion of excess unimproved right-of-way of Old Donation Parkway
(unimproved) in the petition of Hickory Properties, LJ,.C (BAYSIDE BOROUGH) and Twenty-foot (20')
alley between Virginia Beach Boulevard and 18th Street (LYNNHAVEN BOROUGH).
ANt),
Or&'nance upon application of Hickory Properties, L.L.C., for the
discontinuance, closure and abandonment of a portion of Old Donation
Parkway (unimproved), beginning at the Southeastern terminus of
Pembroke Boulevard and running in a Southeasterly direction along the
boundaries of Lots 34 and 35, J.C. Hudgins Shores, containing 1.1021
acres (B,4YSIDE BOROUGH).
Ordinance upon application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a 20-foot alley located
between Virginia Beach Boulevard and 18th Street, beginning at the
Western boundary of Parks Avenue and running in a Westerly direction
361.06feet along the Northern property line, containing 7248 square feet
(L YNNH~ VEN BOROUGH).
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Willian~ W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
~,YKE ~, CAI INE Ii, IJOUI iUC)N
& AHERN. R C
A'I-rORNEYS AT LAW
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF EXCESS
UNIMPROVED RIGHT-OF-WAY OLD DONATION
PARKWAY, AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "STREET CLOSURE PART OF OLD
DONATION PARKWAY AND SUBDIVISION OF PARCEL
A-l, OLD DONATION FARM AND PART OF OLD
DONATION PARKWAY".
WHEREAS, it appearing by affidavit that proper notice
has been given by HICKORY PROPERTIES, L.L.C., that they would
make application to the Council of the City of Virginia Beach,
Virginia, on April 23,
hereinafter described
vacated; and
WHEREAS, it
1996, to have a portion of the
street discontinued, closed, and
appearing that the adjacent property
owners, TERRY SPITZER and YUSUN SPITZER have consented to the
closure and to the conveyance of any interest the City of
Virginia Beach may have in the portion of excess unimproved
right-of-way to HICKORY PROPERTIES, L.L.C.; and
WHEREAS, all conditions required by City Council
Ordinance adopted June 25, 1996 have been complied with; and
WHEREAS, it is the judgment of the Council that the
portion of 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:
SEE ATTACHED EXHIBIT
Said parcel of land being a portion of excess unimproved
right-of-way Old Donation Parkway as indicated on that certain
street closure plat of property to be vacated adjoining and
adjacent to the properties of the Petitioner and Mr. and Mrs.
'l'r~rry Spil;zr~r, l:h~ owrlr~r's of l.ot 35, Sut)divis'io;!
Hudgins Shores located in the Bayside Borough, Virginia Beach,
PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C.
-- i --
YKES, CARNES, BOURDON
& AHERN, P C.
ATTORNEYS AT LAW
Virginia, which plat is to be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, upon
adoption of this ordinance, and which is made a part hereof by
reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
SECTION III
The CITY MANAGER or his designee is hereby authorized
to execute a QuitClaim Deed on behalf of the City of Virginia
Beach to convey the City's interest in the closed street to
HICKORY PROPERTIES, L.L.C.
SECTION IV
This Ordinance shall be effective upon the recordation
of this Ordinance and the subdivision plat entitled "STREET
CLOSURE PART OF OLD DONATION PARKWAY AND SUBDIVISION OF PARCEL
A-l, OLD DONATION FARM AND PART OF OLD DONATION PARKWAY (M.B.
108, PG. 45) (D.B. 2763, PG. 196), Bayside Borough, Virginia
Beach, Virginia for JAMES M. BEVERLY & HICKORY PROPERTIES,
L.L.C." in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia.
SECTION V
Adopted:
October 29, 1996
AUTHORIZED FINAL APPROVAL:
October 29, 1996
5854i
/.j_~p~-,'RO",~O AS TO CONTENTS
$1C;hlATU2E
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
- 2 -
KI H, (;AIINI f;, Ilr)lllll)()N
& Alii.liN, I!
ATTORNEYS AT LAW
EXHIBIT -A#
EXCESS UNIMPROVED RIGHT-OF-WAY OLD DONATION PARKWAY
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE BAYSIDE BOROUGH OF VIRGINIA BEACH, VIRGINIA as
shown on that plat entitled "STREET CLOSURE PART OF OLD
DONATION PARKWAY AND SUBDIVISION OF PARCEL A-l, OLD DONATION
FARM AND PART OF OLD DONATION PARKWAY (M.B. 108, PG. 45) (D.B.
2763, PG. 196) Bayside Borough, Virginia Beach, Virginia for
JAMES M. BEVERLY & HICKORY PROPERTIES, L.L.C.", dated 9/04/96,
prepared by Mel Smith & Associates, containing 1.1021 acres,
which parcel is more particularly described as beginning at the
Northwest corner of Lot 35, Subdivision of J.C. Hudgins Shores,
which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 108,
at Page 45, and from said point of beginning proceeding North
39° 48' 00" East 29.71 feet to a point; Thence North 26° 34'
00" West 31.30 feet to a point; Thence North 50° 02' 00" West
63.90 feet to a point; Thence North 30° 04' 00" West 21.90
feet to a point; Thence North 01° 56' 00" East 59.00 feet to a
point; Thence North 73° 26' 00" East 36.04 feet to a point;
Thence in a Southeasterly direction along a curve with the
radius of 1655.00° an arc distance of 23.60 feet to a point;
Thence in a Southeasterly direction along the arc of a curve
with a radius of 899.93° an arc distance of 408.18 feet to a
point; Thence South 49° 00° 17" East 69.39 feet to a point;
Thence South 64° 34' 40" West 118.07 feet to a point; Thence
in a Northwesterly direction along the arc of a curve with a
radius of 1009.93 an arc distance of 321.15 feet to the Point
of Beginning.
5854i
- 3 -
ORDINANCE NO.
IN THE MATrER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS 20' LANE AS SHOWN UPON THAT CERTAIN
PLAT ENTITLF~D, "STREET CLOSURE PLAT OF 20' ALLEY
LYNNI-IAVEN BOROUGH-VIRGINIA BEACH, VIRGINIA,'
DATED YLILY 11, 1996, ATTACHED ~RETO AND MADE A
PART HEREOF
WHEREAS, it appearing by affidavit that proper notice has been given by the
City of Virginia Beach that it would make application to the Council of the City of Virginia
Beach, Virginia, on September 3, 1996, 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, tha?
the hereinafter described street be discontinued, closed, and vacated:
ALL THAT certain lot, piece or parcel of land parallel and north
of 17th Street situate and being in the City of Virginia Beach,
Virginia, and designated and described as "PORTION OF 20'
LANE TO BE CLOSED AREA = 0.1664 AC. OR 7248 SQ.
FT.' as shown on that certain plat entitled "STREET CLOSURE
PLAT OF 20' ALLEY PROPERTY OF THE ATLANTIC
INVESTMENT COMPANY OF NORFOLK BLOCK 3 PLAT
RECORDED IN M.B. 55, PG. 33, IN THE CLERK'S OFFICE
OF THE CIRCUIT COURT, VIRGINIA BEACH, VA
LYNNI-IA~ BOROUGH - FOR CITY OF VIRGINIA BEACH,
VIRGINIA SCALE: 1"=40' 11 JULY 96," prepared by W.P.
I_atrge, Inc., to which reference is hereby made for a more
particular description.
SECTION II
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
VIRGINIA BEACH as Grantor.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 29th
day of October, 1996.
GPIN:
AUTHORIZED FINAL APPROVAL: October 29, 1996
APPROVED AS TO CONTENTS
~/ SIGNATURE
' DEPAR'~q,ll~' '
AIl'ROVED AS TO L~'.GAL
S~'FICWNCY AND FORM
n: 96-227
ech.: NEL
ref.: Iq~E-SP
lb/p: f.b.
- ~ ~o GPIN I
dwg: FIRE-CLO I ff 2417-86-3478
4~-6~4~59 ~~
(U.B.247. PG.48) ~ ~
GPIN 2417-86-4524
BLOCK 2
VIRGINIA BEACH
ANNEX NO.2
(M.B.3. P0.24)
BLOCK 5
VIRGINIA BEACH
-.i- ..........
GPIN 2417-66-4576
INVESTMENT CO.
OF NORFOLK, VA. ~~ ~ 24~7-es-s57a
(M.B.55, P0.35)
L GPIN 241.7-86-6454
(M.B.258, PG.76)
,4 ~ BE Ci..OEEO
0~ 7248
16
(M.B.237, P$.99)
BLOCK ,3
PROPERTY OF
THE ATLANTIC
~ INVESTMENT CO.
OF NORFOLK, VA.
(D.B.65, PG.577)
(M.B.55,
GPIN 2417-86-6671 '7
(M'.B-.23~, ::.95) /
· I/t /MERIDIAN SOURCE IS BASED
/ ,s/ ON VIRGINIA STA'IE PLANE
/ / COORDINATES. SOUTH ZONE
. /_ _/ ,~ ,9~. coo.o,.~
/ / VALUES ARE EXPRESSED IN
,/ ~' INIERNATIONAL FEET
! · ~ ( ~ FT.- 0.;~048 METERS )
1l N:
TO 17th SIREEr ~
PARKS AVE.
W.P. Led:l(~, Inc.
SDRVBYiIqG-BNG~G
PI,ANNING-~qVNO~AL
IB44 MUSTANG TRklL - SUITE
VIRGINIA BEACH, VIRG1HIA
PH. (.804) 4:Sl-tO~t
FAX. (804)
STREET CLOSURE PLAT
OF
20' ALLEY
PROPERTY OF
THE ATIANTIC INVESTIdENT COMPANY o! NORFOLK
BLOCK 8
I'ht Recorded h M. IL 5§, lPG. 33. In The Clerk's Office 0! The Circuit Court, Virginia Beach, VA
l,F'nnhuven Boroufh -_Virfinia Beach. 'Vtri4_~!&
for
OITY OF VIRGINIA BEAOH, VIRGINIA
8CAI~: l"-- 40" l t JULY 90
JN: 96-227
- ~ ~z~
o o ~
..,.
/,
I I I I
~ o
,,,o~
UJm
Item V-M.3.b.
PUBLIC HEARING
ITEM # 41382
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council AUTHORIZED
FINAL APPROVAL: Portion of Republic Road in the petition of Hannaford Brothers Company
(L YNNHA BOROUGH).
Ordinance upon application of Hannaford Bros., Co., for the
discontinuance, closure and abandonment of a portion of Republic Road
(Bonney Parkway) beginning at a point 950 feet more or less west of
First Colonial Road and running westerly and southerly to the northern
property line of LasMn Road. Said parcel is 60 feet in width.
LYNNHAFEN BOROUGH.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
None
Councilman Harrison ABSTAINED as his law firm represents the applicant
October 29, 1996
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS REPUBLIC ROAD AS SHOWN UPON THE PLAT
REFERRED TO BELOW TO BE RECORDED
SIMULTANEOUSLY HEREWITH IN THE VIRGINIA BEACH
CIRCUIT COURT CLERK'S OFFICE
WHEREAS, it appearing by affidavit that proper notice has been given by the City of
Virginia Beach that it would make application to the council of the city of Virginia Beach,
Virginia, on /~/~. ~'-~, 199~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:
THAT CERTAIN PORTION of Republic Road within the
shaded area designated as "INDICATES EXISTING RIGHT-OF-
WAY HEREBY VACATED" on that certain plat entitled
"RESUBDIVISION PLAT OF PARCELS A AND C,
SUBDIVISION OF PROPERTY OF W. B. MEREDITH II (M.B.
213, PG. 106) AND RESERVED PARCEL, CORRECTED PLAT
OF HILLTOP MANOR (M.B. 40, PG. 4) AND A PORTION OF
CLOSED REPUBLIC ROAD (M.B. 200, PG. 97) (M.B. 208, PG.
42), LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA" dated September 4, 1996, prepared by Engineering
Services, Inc., to be recorded simultaneously herewith in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia.
SECTION II
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 29 day of
October 1996.
APPROVED AS TO CONTENT
Ot~ce of Real Esthte
APPROVED AS TO LEGAL SUFFICIENCY
Department of Law
AUTHORIZED FINAL APPROVAL: October 29, 1996
· I~0' BOP
3.~e. EIO./O$
d
(/6 9d 'OOE ~- N~
(,091 OVOid 3IqSAdqld
(90['gd 'EI:a '8'ltl.
8 qB31:lVd
275,93'
.~O'BO~
<~ .
r*m m
I t
Item V-MM.
PUBLIC ~G
ITEM # 41383
PLANNING
Attorney I~ J. Nutter, II, 4425 Corporation Boulevard, represented the applicant
Kevin Fass, Vice President of Development for Suburban Lodges
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinance upon application of SUBURBAN LODGES OF .4MEi~CA, INC., for a ~
Permit:
ORDINANCE UPON APPLICATION OF SUBURBAN LODGES OF
AMERIC,4, INC., FOR A CONDITIONAL USE PERMIT FOR,4 HOTEL
R010962071
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE,4CH, VIRGINIA
Ordinance upon application of Suburban Lodges of America, Inc., for a
Conditional Use Permit for a hotel on certain property located on the
north side of Independence Boulevard, 850 feet more or less east of South
Boulevard. Said parcel contains Z69 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
The subject site must be developed in substantial accordance
with the site plan and renderings presented to the Design
Advisory Group 19 August 1996 and the Planning Commission
11 September 1996. ~
Z A four-foot (4')fence shall be installed around the BMP pond.
A six-foot (6') privacy fence shall be installed along the
Western property line of the adjacent parcel to the West,
abutting the apartments.
This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentv_ -ninth of October. Nineteen
Hundred and Ninetv_ -Si~_ '
Voting: I0-1
Council Members Voting Aye:
John .4. Baum, Linwood O. Branch, Ill, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Nancy K Parker
Council Members Absent:
None
October 29, 1996
- 45 -
Item V-M.5.
PUBLIC HEARING
ITEM # 41384
PLANNING
Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant
Upon motion by Council Lady McClanan, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of M. R. WELCH for a Conditional Use Permit:
ORDIlfHNCE UPON APPLICHTION OF M. R. WELCH FOR ~4
CONDITIONAL USE PERMIT FOR AtV AUTOMOBILE REPAIR
GARAGE AND BULK STOR/IGE YARD R010962072
BE IT HEREBY ORD~4INED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of M. R. Welch for a Conditional Use Permit
for an automobile repair garage and bulk storage yard at the northeast
corner of Central Drive and Industry Lane. Said parcel is located at 588
Central Drive and contains 2.38 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
The bulk storage yard and auto repair garage shall be enclosed
by the minimum of a six-foot (6') fence and Category VI
landscaping as required by the City Zoning Ordinance.
Category VI landscaping is not required around the office
portion of the existing building. ~4 variance to this landscape
buffer may be requested before the Board of Zoning/,ppeals
where the site abuts a similar use.
2. Hll outside lighting shall be directed onto the site.
3. All repair work must be performed within the building.
4. .4utomotive parts and inoperable vehicles shall not be stored
outside the structure.
Should an additional sign be erected, it shall be a small,
monument-style sign with landscaping in compliance with the
City sign ordinance.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
~4dopted by the Council of the City of Virginia Beach, Virginia, on the Twentv_ -ninth of October. Nineteen
Hundred and Nine~. -Six~
October 29, 1996
Item V-M.$.
PUBLIC HEARING
ITEM # 41384 (Continued)
PLANNING
Foting : 11-0
Council Members Voting ~4ye:
John ~4. Baum, Linwood O. Branch, III,, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ~4bsent:
None
October 29, 1996
- 47 -
Item V-M.6.
PUBLIC HEARING
ITEM # 4138.$
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ,4LLOWED
WITHDRAWAL of an Ordinance upon Application of PRIMECO PERSONAL COMMUNICATIONS,
I,~P., for a Conditional tI~e Permit for ~:
ORDINANCE UPON APPLICATION OF PRIMECO PERSONAL
COMMUNICATION, g L.P. FOR A CONDITIONAL USE PERMIT FOR
ROOFTOP ANTENNAS
Ordinance upon application of Primeco Personal Communications, L.P.
for a Conditional Use Permit for rooftop antennas art the northeast
corner of 19th Street and Pavilion Drive. Said parcel is located at 1900
Pavilion Drive and contains 8.650 acres. LYiVNH,4VEN BOROUGH.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa 34. Strayhorn
Council Members Voting Nay:
~Vo n e
Council Members Absent:
None
October 29, 1996
Item V-M. 7.
PUBLIC
ITEM # 413~6
PL/LNNING BY CONSENT
Correspondence of October 25, 1996, from Httorney 1~ J. Nutter, requesting WITHDRAWAL is hereby
made a part of the record.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ~4LLOWED
WITHDI~4WAL of an Ordinance upon application of PEP BOYS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PEP BOYS FOR .4
CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REP/JR
FACILITY
Ordinance upon application of Pep Boys for a Conditional Use Permit
for an automotive repair .facility on the south side of Indian River Road,
west of Kempsville Road. Said parcel is located at 5405 Indian River
Road and contains 2.637 acres. KEMPSVILLE BOROUGH.
Voting:
11-0 (By ConsenO
Council Members Voting ~lye:
John A. Baum, Linwood O. Branct~ III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker~ Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ~4bsent:
None
October 29, 1996
Item V-M.8.
PUBLIC HEARING
ITEM # 41387
PLANNING
Attorney Rick Matthews, 192 Bailard Court, Phone: 490-3000, represented the applicant
Stephen Murdock, Manager - USA Entertainment, responded to questions related to the signage.
Upon motion by Council Lady McClanan, seconded by Council Lady Strayhorn, City Council ADOPTED
Ordinances upon application of USA ENTERTAINMENT, L.C., for a Conditional Change of Zoning
and Conditional Use Permit:
ORDIN.4NCE UPON APPLICATION OF USA ENTERTAINMENT, L.C.
FOR .4 CONDITIONAL CHANGE OF ZONING DISTRICT
CL4SSIFICATION FROM .4G-1 Z010961503
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE~CH, VIRGINIA
Ordinance upon application of US.4 Entertainment, LC. for a
Conditional Change of Zoning District Classification from .4G-1
.4gricultural District to Conditional B-2 Community Business District on
certain property located on the south side of Dam Neck Road beginning
at a point 2800 feet more or less west of Corporate Landing Parkway.
The proposed zoning classification change to B-2 is for commerical land
use. The Comprehensive Plan recommends use of this parcel for
business/research use in accordance with other Plan policies. Said parcel
contains 14 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. .4n Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
ORDINANCE UPON APPLICATION OF USA ENTERTAINMENT, LC.
FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL
RECREATION FACILITY R010962073
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI'IY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of USA Entertainment, L.C. for a
Conditional Use Permit for a commerical recreation facility other than
of an outdoor nature (sports facility) located on the south side of Dam
Neck Road beginning at a point 2800 feet more or less west of Corporate
Landing Parkway. Said parcel contains 14 acres. PRINCESS ANNE
BOROUGH.
October 29, 1996
Item V-M.8.
PtJBLIC II~G
ITEM # 41387 (Continued)
PLANNING
The following conditions shall be required:
Prior to construction of the indoor recreation facility, a final
subdivision plat shall be recorded, provi&'ng for the following:
Ingress-egress easements providing for access of all existing
and proposed parcels lying between the proposed right-of-way
for the Southeastern Parkway and Greenbelt and the Dam Neck
Road frontage of Corporate Landing Business Park.
2.
Prior to conducting any special event intended to accommodate
over 1,800 persons, the applicant shall submit an off-site
parking and shuttle transportation plan for approval by the
Zoning Administrator and the Traffic Engineer.
With the exception of access revisions required by these
conditions of approva~ the site shall be developed in
substantial conformance with the site plan referenced in
Condition #1, above.
These Ordinances shall be effective in accordance with Section 107 (]) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the T~entv-ninth of October. Ninete¢l~
Hundred and Nine~_ -$i~r - -
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis P~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
City o£ ¥i ginta Bcach
INTER-OFF:ICE CORRESPOI ENCE
/~/reply l~er To Ou~ File No. DF-4181
DATE: October 10, 1996
TO:
FROM:
RE:
Leslie L. Li]ley
William M. Ma~ ~
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application - The Taylor Group, L.P., et al
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 29, 1996. I have reviewed the subject proffer agreement, dated
June 3, 1996, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
THE TAYLOR GROUP, L. P.
USA ENTERTAINMENT, L. C.
TO (COVENANTS AND RESTRICTIONS)
CITY OF VIRGINIA BEACH,
a Municipal Corporation of
the Co~,=,~nwealth of Virginia
THIS AQP~EMENT, made this Srd day of June, 1996, by and
between The Taylor Group, L. P., a Virginia limited partnership
("Taylor") and USA Entertainment, L. C., a Virginia limited
liability company ("USA"), (Taylor and USA are collectively
referred to as the "Grantor") and CITY OF VIRGINIA BEACH, a
municipal corporation of the Cormmonwealth of Virginia, (the
"Grantee");
WITNESSETH THAT
WHEP~, the Grantor has initiated an amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by ~etition of the
Grantor addressed to the Grantee, so as to change the
classification of a portion of Taylor's property from AG-1
Agricultural. District, to B-2, Business District on certain
property (the "Property") in Princess Anne Borough, in the City of
Virginia Beach, Virginia, described in Exhibit A attached hereto
and made a part hereof. '
WHEP. EA~, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
co.~,ercial development, through zoning and other land development
legislation; and
THIS DOCUM~UTPREPAREDBYCHARLES M. SALLY, PENDER & COWARD, P. C.
GPIN
WH~P~S, the Grantor acknowledges that in order to prevent
incompatible land use, certain reasonable conditions governing the
use of the Property in addition to the re~ulations generally
applicable to land similarly zoned B-2, are required to cope with
the situation arising from Grantor's rezoning application; and
W~P.~A~, the Grantor has voluntarily proffered in writing, in
advance of and prior to the public hearing before the Grantee, as
a part of the proposed amendment to the Zoning Map, in addition to
the regulations provided for the B-2 zoning district of the Zoning
Ordinance, the following reasonable conditions related to the
physical development and operation of the Property to be adopted as
a part of the amendment to the Zoning Map relative to the Property,
which have a reasonable relation to the use of the Property as
rezoned B-2 and the need for which is generated by the rezoning;
and _
WHEP. EA~, the conditions having been proffered by the Grantor
and allowed and accepted by the Grantee as part of the amendment to
the Zoning Ordinance, such conditions shall continue in full force
and effect until a subsequent amendment changes the zoning on the
Property; provided, however, that such conditions shall
continue despite a subsequent amendment t6 the Property's zoning if
the subsequent amendment is part of a comprehensive implementation
of a new or substantially revised zoning ordinance, unless,
notwithstanding the foregoing, these conditions are amended or
varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and executed
2
by the record owner of the Property at the time of recordation of
such instrument~ provided, further, that the instrument is
consented ~0 by the Grantee in writing as evidenced by a certified
copy of an ordinance or a resolution adopted by the governing body
of the Grantee, after a public hearing before the Grantee
advertised pursuant to the provisions of the Code of Virginia,
Section 15.1-431, which said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of such
consent;
NOW, THEREFORE, the Grantor, for itself, its successors,
assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion
or ~ Pro~ for zoning, rezoning, site plan, building permit,
or subdivision approval, hereby makes the followin~declaration of
conditions and restrictions as to the physical development and
operation of the Property and governing the use thereof and hereby
covenants and agrees that this declaration shall constitute
covenants running with the Property which shall be binding upon the
Property and upon all parties and persons claiming under or through
the Grantor, their heirs, personal representatives, assigns,
grantees and other successors in interest or title, namely:
1. That upon the Property being rezoned to B-2, it shall
only be used for the following principal uses and their accessory
uses and structures:
a. Co,,~,ercial recreational facilities other than those
of an outdoor nature as a conditional use~
b. Co~tercial recreational facilities of an outdoor
nature as a conditional use~
c. Eating and drinking establishments~
d. Retail establishments, provided that retail use
shall not exceed thirty five percent (35%) of the total building
area on the 'Property~
e. Business offices and financial institutions.
2. The recreational facility of an indoor nature (the
~Recreational Facility.) to be developed upon the Property shall be
developed substantially in accordance with the site plan filed with
the Planning Department
Entertainment., dated June
Engineering, p. C., and
entitled "Rezoning Exhibit A USA
3, 1996, prepared by Mary Ann Mijares
the architectural rendering entitled
"~ezoning Exhibit B USA Entertainment., d?ted June 3, 1996,
prepared by Burkart Thomas, P. C., which were exhibited before the
City Council.
3. Lighting on the Property shall be directed inward and not
toward surrounding property.
4. Any exterior mechanical equipment located on or adjacent
to the building comprising the Recreational Facility shall be
screened
building.
5.
from view using
structural elements that match the
A forty-foot landscape buffer shall be provided along the
northern property line, except for approved points of ingress,
egress and the monument sign, as depicted on the above-referenced
site plan. Grantor shall preserve existing trees six inches or
greater in diameter located within the northernmost thirty feet of
the landscape buffer, and shall install supplementary plantingsas
necessary to ensure that the buffer area meets or exceeds the
planting specifications of Category IV landscape screening. Prior
to conducting any clearing on-site, Grantor shall submit a tree
protection plan for the forty-foot landscape buffer area, for
approval by the Planning Director of the City of Virginia Beach.
6. The Property shall
principal uses until the
substantially completed.
not be used for other allowed
Recreational Facility has been
7. Further conditions may be required by the Grantee during
detailed site plan and/or subdivision review and administration of
applicable city codes by all cognizant City agencies and
departments to meet all applicable city code requirements.
All references hereinabove to zoning districts and to
regulations applicable thereto refer to the City Zoning Ordinance
of the City of Virginia Beach, Virginia, in force as of the date
the conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that the Zoning Administrator
of the City of Virginia Beach, Virginia, shall be vested with all
necessary authority on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing
conditions, including (i) the ordering in writing of the remedying
of any noncompliance with such conditions, and (ii) the bringing of
legal action or suit to insure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages
or other appropriate action, suit or proceedings. The failure to
comply with all conditions shall constitute cause to deny the
issuance of the required building or occupancy permits as may be
appropriate. If aggrieved by any decision
Administrator made pursuant to the provisions,
petition the governing body for the review
of the Zoning
the Grantor shall
thereof prior to
instituting proceedings in court. Appropriate symbolsmay be noted
on the zoning map to indicate the existence of conditions attaching
to the zoning of the Property. The ordinance and the conditions may
be made readily available and accessible for public inspection in
the Office of the Zoning Administrator and in the Planning
Department and that they may be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the name of the Grantor and Grantee.
WITNESS the following signatures and seals.
The Taylor Group, L. P.
By LTC Management, Inc.,
a Virginia corporation,
General Partner
,.~naa ~. Chappell, Pres/~nt "
USA EntTnment' L. C.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
in~%nd for~ the City and State aforesaid, do hereby certify that
, , , Manager of USA Entertainment,
gned to the foregoing instrument
bearing date on the 3rd day of June, 1996, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand and seal thisbe.. W/~y of September, 1996.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, --~~ /-'l(~iL~ , the undersigned, aNotary Public
in and for the City and State aforesaid, do hereby certify that
Linda T. Chappell, President of LTC Management, Inc., General
Partner of The Taylor Group, L. P., whose name as such is signed to
the foregoing instrument bearing date on the 3rd day of June, 1996,
has acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand and seal this.QC~ay of September, 1996.
Notary P~blic
My Cca, a,,ission Expires:
7
EXHIBIT A
BEGINNING at the point of intersection of the southern
property line of the property of The Taylor Group, L. P.,
with the northern right-of-way line of Perimeter Parkway;
thence, N88o05'00.W a distance of 153.05 feet to the True
Point of Beginning; thence N88o05,00.W a distance of
61.74 feet to a point; thence, NT0"34'34.W a distance of
243.47 feet to a point; thence, N64.19,18.W a distance of
234.37 feet to point; thence, N70.45,26.W a distance of
143.29 feet to apoint; thence, S38.43,22.W a distance of
636.76 feet to a point; thence, N67o56'06.W a distance of
52.16 feet to a point; thence, N06.41,56.E a distance of
??3.66 feet to a point; thence, N84.41,48.E a distance of
1,056.67 feet to a point; thence, along a curve to the
right with a radius of 20.00 feet an arc distance of
31.42 feet to a point; thence, S05.18,06.E a distance of
673.70 feet to the True Point of Beginning.
8
o~O ~
0o
0
USA ENTERTAI[~NT, L.C.
AG-1 to Gond. B-2 & s~ort~ facility
Princess ~nne Borough
- 51 -
Item V-M.9.
PUBLIC H~4RING
ITEM # 41388
PI~tNNING
Nick Wright represented the applicant.
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED the
Ordinance upon application of SHIPS WATCH ASSOCIATES, LJ~.C., to wttn~ mov~ a 20-foot
easement on the North side of Ocean Shore Avenue, 468.85 feet West of Whaler Court between Lot K-1
and Lot L-1 as shown on that certain plat entitled "Revised Subdhn'sion of Property Located North of
Lots B, C, D, F~ F, G and H, Lynnhaven Beach~ and recorded in Map Book 111, Page 48, at the Clerk's
Office of the Circuit Court of the City of Virginia Beach (LYNNHAVEN BOROUGH).
The following condition shall be required:
1. There shall be a ten-foot (10') easement with an eight-foot (8')
sidewalk within the easement.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
LoUisa M. Strayhorn
Council Members Voting Nay:
Reba ~ McClanan
Council Members Absent:
IVo n e
October 29, 1996
ORDINANCE VACATING A PORTION OF THAT CERTAIN
PLAT ENTITLED "REVISED SUBDIVISION OF PROPERTY
LOCATED NORTH OF LOTS B, C, D, E, F, G, & H,
LYNNHAVEN BEACH," WHICH SAID PLAT IS DULY
RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT
COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN
MAP BOOK 111, AT PAGE 48
WHEREAS, Edwin B. Lindsley ("Lindsley") is the owner of certain real
property located in the City of Virginia Beach, Virginia, and known and designated as
Lot K ("Lot K") as shown on that certain plat entitled "Revised Subdivision of Property
located North of Lots of Blocks B, C, D, E, F, G & H, Lynnhaven Beach," which said
plat (the "Plat") is duly recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 111, at Page 48; and
WHEREAS, Ships Watch Associates, L.L.C., a Virginia limited liability
company ("Ships Watch") is the owner of Lot L ("Lot L") as shown on the Plat; and
WHEREAS, there is depicted on the Plat an easement 20 feet in width for
public access to the beach and the Chesapeake Bay lying to the north of Lot K and Lot
L from the public street currently known as Ocean Shore Avenue which said easement
(the '20 Foot Easement") was created by the recordation of the Plat; and
WHEREAS, Lindsley and Ships Watch have agreed to relocate the
boundary line between Lot K and Lot L which said relocated boundary line is shown
on that certain plat entitled "Resubdivision Plat of Lots K and L, 'Revised Subdivision
of Property Located North of Lots B, C, D, E, F, G & H, Lynnhaven Beach' (M.B. 111
@ PG 48), Lynnhaven Borough, Virginia Beach, Virginia," a copy of which said plat
(the "Resubdivision Plat") is attached hereto as Exhibit A. In connection with the
same, Lindsley and Ships Watch desire to vacate the 20 Foot Easement and create
and establish along the western 10 feet of the proposed Lot L-l, as shown on the
Resubdivision Plat, an easement 10 feet in width for public access to the beach and
the Chesapeake Bay lying to the North of Lot K and Lot L from the public street
currently known as Ocean Shore Avenue (the "10 Foot Easement"); and
WHEREAS, in connection with the vac;~tion of the 20 Foot Easement and
the creation of the 10 Foot Easement, Lindsley and Ships Watch have agreed to
install, at Ships Watch own cost and expense in the 10 Foot Easement, a concrete
walkway 8 feet in width extending the length of the 10 Foot Easement; and
WHEREAS, in order to vacate the 20 Foot Easement it is necessary,
pursuant to the provisions of Section 15.1-482 of the Code of Virginia of 1950, as
amended, to vacate a portion of the Plat, specifically the vacation of the 20 Foot
Easement; and
WHEREAS, Lindsley and Ships Watch have given due and proper notice
in accordance with Section 15.1-431 of the Code of Virginia of 1950, as amended,
that they will on the 29th day of October, 1996, apply to the City Council of the City
of Virginia Beach, Virginia, for the vacation of a portion of the Plat, specifically the 20
Foot Easement; and
WHEREAS, Lindsley and Ships Watch have filed such application with the
Council.
NOW, THEREFORE, be it ordained by the Council of the City of Virginia
Beach, Virginia, that the 20 Foot Easement as shown on the Plat is to be vacated
subject to the following conditions:
1. That the Resubdivision Plat be approved by the appropriate
departments of the City of Virginia Beach and be properly executed, acknowledged
and admitted to record in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia and recorded with a true copy, certified by the City Clerk, of this
Ordinance.
2. That e Deed of Easement from record title owners of the land to
be subjected to the 10 Foot Easement, in form and content acceptable to the
appropriate departments of the City of Virginia Beach, be entered into, executed,
acknowledged and admitted to record in the aforesaid Clerk's Office along with the
original of the Resubdivision Plat and a true copy, certified by the City Clerk, of this
Ordinance.
3. That Ships Watch cause to be installed in the 10 Foot Easement,
at its own cost and expense a concrete walkway 8 feet in width, extending the length
of the 10 Foot Easement, which said walkway is to be Installed and completed no
later than 30 days of the date of recordation of the Resubdivision Plat.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
29ch day of October ,1996.
CA-6435
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
IN THE MATTER OF VACATING A PORTION OF THAT CERTAIN PLAT
ENTITLED "REVISED SUBDIVISION OF PROPERTY LOCATED NORTH OF
LOTS B, C, D, E, F, G & H, LYNNHAVEN BEACH" WHICH SAID PLAT IS
DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF
THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 111 AT PAGE 48.
PETITION
To: The Mayor and Members of the Council of the City of Virginia Beach, Virginia
Your petitioners, Ships Watch Associates, L.L.C., a Virginia limited liability
company and Edwin B. Lindsley, Jr., respectfully represent as follows:
1. Edwin B. Lindsley, Jr. CLindsley"), is the owner of certain real property
located in the City of Virginia Beach, Virginia and known and designated as Lot K ("Lot
K") as shown on that certain plat entitled "Revised Subdivision of Property Located North
of Blocks B, C, D, E, F, G & H, Lynnhaven Beach" which said plat (the "Plat") is duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 111, at Page 48.
2. Ships Watch Associates, L.L.C., a Virginia limited liability company ("Ships
Watch") is the owner of Lot L ("Lot L") as shown on the Plat.
3. There is depicted on the Plat an easement 20 feet in width for public access to
the beach and the Chesapeake Bay lying to the north of Lot K and Lot L from the public
street currently known as Ocean Shore Avenue which said easement (the "20 Foot
Easement") was created by the recordation of the Plat.
4. Lindsley and Ships Watch have agreed to relocate the boundary line between
Lot K and Lot L which said relocated boundary line is shown on that certain plat entitled
"RESUBDIVISION PLAT OF LOTS K AND L, 'REVISED SUBDIVISION OF
PROPERTY LOCATED NORTH OF LOTS B, C, D, E, F, G & H, LYNNHAVEN BEACH'
(M.B. l 11 ~ PG. 48) LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", a
copy of which said plat is attached hereto as Exhibit A (the "Resubdivision Plat"). In
connection with the same, Lindsley and Ships Watch desire to vacate the 20 Foot Easement
and create and establish along the western 7 feet of the proposed Lot L-1 as shown on the
Resubdivision Plat, an easement 7 feet in width for public access to the beach and the
Chesapeake Bay lying to the north of the Lot K and Lot L from the public street currently
known as Ocean Shore Avenue (the "7 Foot Easement").
5. Accordingly, pursuant to the provisions of Section 15.1482 of the Code of
Virginia of 1950, as amended, the petitioners apply for the vacation of a portion of the Plat,
specifically the vacation of the 20 Foot Easement.
6. That no inconvenience will result to any person by reason of the closing,
vacation, discontinuance of the 20 Foot Easement.
7. That access by the public to the beach area located north of the Lot K and Lot
L and the Chesapeake Bay from the public street presently known as Ocean Shore Avenue
will be enhanced by virtue of the fact that your petitioners will install, at Ships Watch own
cost and expense, a concrete walk way 5 feet in width, extending the length of the 7 Foot
Easement.
8. That on the day of ,1996, and on the day
of ,1996, notice of the presentation of this application was published in The
Beacon section of The Virginian Pilot and Ledger Star, a newspaper of general circulation
in the City of Virginia Beach, Virginia.
9. That the owners of the fee simple interest of the land subjected to the 20 Foot
Easement are Ships Watch Associates, L.L.C., a Virginia limited liability company (as to the
eastern 10 feet of the 20 Foot Easement and Edwin B. Lindsley, Jr. (as to the western 10 feet
of the 20 Foot Easement.
Respectfully submitted,
Ships Watc~As~ciates' L.L.C.
EdwinB ~ind eytJr
~unsel (
HRPJR/klp
/pet. sw
Harry R. Purkey, Jr., Esquire
HARRY R. PURKEY, JR., P.C.
303 34th Street, Suite 5
Virginia Beach, VA 23451
THIS DEED OF EASEMENT, made this ~ day of ,1996, by and
between SHIPS WATCH ASSOCIATES, L.L.C., a Virginia limited liability company,
Grantor for purposes of indexing, party of the first part, and the CITY OF VIRGINIA
BEACH, a municipal corporation in the Commonwealth of Virginia ("City"), Grantee for
purposes of indexing, party of the second part.
WI TNE S S E T H:
That for and m consideration of the premises and the benefits accruing to or to accrue
to the party of the first pan, and other good and valuable consideration, the party of the first
part does hereby grant and convey or release with GENERAL WARRANTY its respective
interest, in and to the hereinafter described perpetual right-of-way and easement, to the party
of the second part, and/or its successors and assigns, for the purposes of public pedestrian
access to the beach and the Chesapeake Bay fi.om the public street currently known as Ocean
Shore Avenue, upon and across lands and property of the part of the first part, including the
right of ingress and egress to the same, described as follows:
ALL THAT certain lot, tract or parcel of land, together with the improvements
thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia,
and designated and described as upon and across a certain strip of land designated and
described as "7' EASEMENT FOR ACCESS TO BEACH HEREBY DEDICATED
TO THE CITY OF VIRGINIA BEACH, VA." as shown on that certain plat dated
August 15, 1996, and prepared by Mel Smith and Associates and entitled
"RESUBDIVISION PLAT OF LOTS K AND L 'REVISED SUBDIVISION OF
PROPERTY LOCATED NORTH OF BLOCKS B, C, D, E, F, G & H,
LYNNHAVEN BEACH' (M.B. 111 ~ PG. 48), LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
at Page , to which reference is made for a more particular description of such
strip of land.
IT BEING a part of the same property acquired by the party of the first part fi'om
Edwin B. Lindsley, Jr., unmarried by deed dated September 28, 1995 and recorded
in Deed Book 3544 at Page 1898 in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia.
It is agreed between the parties hereto that the party of the second part and its agents,
assigns and/or successors shall have the right to inspect the said easement and to cut and
clean all undergrowth and other obstructions in and along the said easement or adjacent
thereto that may in any way endanger or interfere with one proper use of same.
The said pmly of the first part covenants that it is seized in fee simple of the said
property; that it has the right to convey the same unto the said party of the second part; that
the party of the second part shall have quiet and peaceable possession of the same, free from
all encumbrances; and that the part of the first part will execute such fmther assurances of
title as may be requisite.
The party of the first part covenants and agrees that the said party of the second part
shall not be liable for any maintenance work whatsoever to the area encompassed in this
easement except if said party of the second part is required to perform work within the
easement in order to effectuate maintenance or repair of any walkway located therein. All
other maintenance of the land encompassed by this easement shall be done by the party of
the first part and the City shall have no duty or liability to perform any routine maintenance
work in this easement other than that work which arises out of maintaining or repairing any
walkway located therein.
The party of the first part agrees that when requested by the City, it shall remove, or
have removed by others, any fences(s), structures, landscaping or vehicle parking within 48
hours of receipt of written notice requesting such removal. Except that in an emergency or
failure to remove after written notice, the party of the second part will remove, or have
removed by others, any impediment to access, maintenance or operation and party of first
agrees it is responsible for replacement of said fence(s), structures(s), landscaping or vehicle
parking at its sole expense.
The party of the first part covenants and agrees for itself, its heirs, assigns and
successors, that the consideration aforementioned shall be in lieu of any and all claims of
compensations and damages by reason of location, construction, reconstruction, alteration
or maintenance of said facility.
WITNESS the following signature and seal:
SHIPS WATCH ASSOCIATES, L.L.C.,
a Virginia limited liability company
By: (SEAL)
Name~
Title:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
The foregoing instrument was acknowledged before
, 1996 by ,
Watch Associates, L.L.C., a Virginia limited liability company.
me
this
day of
of Ships
My Commission Expires:
Notary Public
/doe2.wpd
In Re: In a matter of vacating a portion of that certain plat entitled "Revised Subdivision of
Property located north of Lots B, C, D, E, F, G & H, Lynnhaven Beach" which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 111, at Page 48.
CER TIFICA TE OF TITLE
The undersigned, being an attorney licensed to practice law in the Commonwealth of
Virginia does hereby certify as to the following matters:
1. That the parcels of real property that are the subject of the petition of Ships
Watch Associates, L.L.C. and Edwin B. Lindsley, Jr. for a vacation ora portion of the below
described plat are as follows:
ALL THOSE certain lots, pieces or parcels of land with the buildings and
improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and
known, numbered and designated as Lot K ("Lot K") and Lot L ("Lot L"), both as shown on
that certain plat entitled "REVISED SUBDIVISION OF PROPERTY LOCATED NORTH
OF LOTS B, C, D, E, F,G & H, LYNNHAVEN BEACH" which said plat is duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map
Book 111, at Page 48.
2. That the only party having a legal and equitable ownership interest in Lot K
is Edwin B. Lindsley, Jr.
3. The source of title to Edwin B. Lindsley, Jr. is that certain deed dated April 4,
1995 fi.om Nala Corporation, which said deed is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Deed Book 3489, at Page 813.
4. That the only party having a legal and equitable ownership interest in Lot L is
Ships Watch Associates, L.L.C., a Virginia limited liability company.
5. The source of title of Ships Watch Associates, L.L.C. is that certain deed dated
September 28, 1995 from Edwin B. Lindsley, which said deed is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3544 at
Page 1898.
1996, at 9:00 a.m.
The date to which the undersigned certifies the above matters is September 1 O,
Resp~y submitted,
Harry R. Purkey, Jr.
attorney for Ships Watch ~ssociates, L.L.C.,
a Virginia limited liability company
and Edwin B. Lindsley, Jr.
/cot. sw
Item V-M. IO~.c.
PUBLIC HEARING
ITEM # 41389
PLANNING BY CONSENT
Upon motion by Vice Mayor sessoms, seconded by Councilman Baum, City Council ADOPTED
Ordinances upon application of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN the City
Zoning Ordinance:
Sections 111, 207, 301, 40L 60L 701, 801, 901, 1001, 1501, 1511, 1521, and 1531 re
use regulations for unmanned communication facilities in certain zoning districts.
Section 1408.1 re standards for use and development of wetlands
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
1
2
3
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
AN ORDINANCE ADDING A DEFINITION OF THE TERM
"BUILDING-SUPPORTED ANTENNA" TO THE CITY
ZONING ORDINANCE
SECTION AMENDED: CITY ZONING ORDINANCE SECTION 111
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 111 of the City Zoning Ordinance be, and hereby
is, amended and reordained by the addition of a definition of the
term "building-supported antenna," to read as follows:
Sec. ~l~. Definitions.
Antenna, building-mounted. An antenna affixed to a buildinq
or structure for the purpose of supportinq broadcast equipment of
any frequency or electromaqnetic wave, or any similar system of
wires, poles, rods, reflectinq discs or similar devices used for
the transmission or reception of electromaqnetic waves. The term
does not include communication towers, as defined in this
ordinance, home satellite dishes, or television or radio antennas
used primarily for the benefit of the occupants of, or visitors to,
the property on which such antennas are located.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 29th day of October, 1996.
24
25
26
27
CA-6406
WMM\ORDRES\45-111A.COM
8/12/96
R-1
1
2
3
AN ORDINANCE ESTABLISHING
BUILDING-MOUNTED ANTENNAS
STANDARDS FOR
SECTION ADDED: CITY ZONING ORDINANCE SECTION 207
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Zoning Ordinance of the City of Virginia Beach
be, and hereby is, amended by the addition of a new Section 207,
establishing standards for building-mounted antennas, which shall
read as follows:
8eo. 207. Building-mounted antenna~
The following provisions shall apply to building-mounted
antennas in all districts in which they are permitted:
(a) Antennas shall, through the use of screening,
colorization, placement, design, or any combination
thereof, be as visually unobtrusive as is reasonably
practicable;
(b) No antenna shall be located upon any building or
structure less than fifty (50) feet in height;
(c) No antenna shall extend to a height greater than twenty-
two (22) feet above the highest point of the building or
structure to which it is affixed;
(d) No antenna shall be erected unless a professional
engineer licensed in the Commonwealth of Virginia
certifies to the Building Official that the proposed
antenna, or array of antennas, complies with 'ali
applicable Federal Communications Commission regulations,
(e)
including, without limitation, regulations pertaining to
the emission of radio frequency radiation; and
Buildings or other structures housing electronic
equipment or other equipment or materials used in
connection with the operation of an antenna shall meet
all applicable setback and landscaping requirements.
33
34
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 29th day of October, 1996.
35
36
37
38
CA-96-6407
wmmordres\45-207.com
8-12-96
R-1
2
1
2
3
AN ORDINANCE ESTABLISHING BUILDING-MOUNTED ANTENNAS
AS A PRINCIPAL PERMITTED USE IN CERTAIN ZONING
DISTRICTS
SECTIONS AMENDED: CITY ZONING ORDINANCE SECTIONS
301, 401, 601, 701, 801, 901, 1001, 1501, 1511,
1521 AND 1531
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 301, 401, 601, 701, 801, 901, 1001, 1501, 1511,
1521 and 1531 of the City Zoning Ordinance be, and hereby are,
amended and reordained to read as follows:
Bec. 301. Use regul&ticns [Preservation District].
(a) Principal and conditional uses. The following chart
lists those uses permitted within the P-1 Preservation District·
Those uses and structures shall be permitted as either principal
uses indicated by a "P" or as conditional uses indicated by a "C."
No uses or structures other than as specified shall be permitted.
Use
Antennas, building-mouDteel
Sec. 401.
(a)
P-1
Use regulations [Agricultural Districts].
Principal and conditional uses. The following chart
lists those uses permitted within the AG-1 and AG-2 Agricultural
Districts. Those uses and structures in the respective
agricultural districts shall be permitted as either principal uses
indicated by a "P" or as conditional uses indicated by a "C." Uses
and structures indicated by an "X" shall be prohibited in the
respective districts. No uses or structures other than as specified
shall be permitted.
Use AG-1 AG-2
Antennas, building-mounted
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
Seo. 601. Use requlations [Apartment Districts].
(a) Principal and conditional uses. The following chart
lists those uses permitted within the A-12 through A-36 Apartment
Districts· Those uses and structures in the respective apartment
districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and
structures indicated by an "X" shall be prohibited in the
respective districts. No uses or structures other than as specified
shall be permitted.
Use A-12 A-18 A-24 A-3 6
Antennas, building-mounted
sec. 701. use regulations [Hotel District].
(a) Principal and conditional uses, The following chart
lists those uses permitted within the H-1 Hotel District· Those
uses and structures in the ......
-~ .... ';c hctcl district shall be
permitted as either principal uses indicated by a "P" or as
conditional uses indicated by a "C." Uses and structures indicated
by an "X" shall be prohibited in the
-~cct..~ districte. No uses
or structures other than as specified shall be permitted.
Use
Antennas, building-mounted
H-1
Sec. ~01. Use regulations [Office Districts].
(a) Principal and conditional uses. The following chart
lists those uses permitted within the 0-1 through 0-2 Apartment
Districts· Those uses and structures in the respective apartment
districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and
structures indicated by an "X" shall be prohibited in the
respective districts. No uses or structures other than as specified
shall be permitted.
2
68
71
72
73
74
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
Use
Antennas, building-mount,d
0-1 0-2
Sec. 901. Use regulations [Business Districts].
(a) Principal and conditional uses. The following chart
lists those uses permitted within the B-1 through B-4 Business
Districts. Those uses and structures in the respective business
districts shall be permitted as either --~-_~A
~ ...... ~-~ ~ uses
indicated by a "P" or as conditional uses indicated by a "C." Uses
and structures indicated by an "X" shall be prohibited in the
respective districts· No uses or structures other than as specified
shall be permitted.
Use B-1 B-IA B-2 B-3 B-3A B-4
Antennas, building-mounted
Sec. 1001. Use regulations [Industrial Districts].
(a) Principal and conditional uses. The following chart
lists those uses permitted within the I-1 and I-2 Industrial
Districts· Those uses and structures in the respective industrial
districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and
structures indicated by an "X" shall be prohibited in the
respective districts· No uses or structures other than as specified
shall be permitted.
Use I-1 I-2
Antennas, buildinq-mounte~
8eo. 1501.
Use regulations [RT-1 Resort Tourist District].
(a) Principal uses and structures:
Building-mounted antennas.
102
103
104
105
106
107
Bec. 1511. Use regulations IRT-2 Resort Tourist District].
(a) Principal uses and structures: For parcels less
than fourteen thousand (14,000) square feet in size, any one of the
following is allowed:
(0.5) Antennas, building-mounted.
108
109
110
111
112
113
Sec. 1521. Use regulations IRT-3 Resort Tourist District].
(a) Principal uses and structures: For parcels less
than twenty thousand (20,000) square feet in size, any one (1) of
the following is allowed:
(0.5) Antennas, building-mounted.
114
115
116
117
Sec. 1531. Use regulations IRT-4 Resort Tourist District].
fa) Principal uses and structures:
.(0.5) Antennas, buildinq-mounted.
118
119
120
121
122
123
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 29th day of October, 1996.
CA-96-6446
wmordres\45-301et.com
9-24-96
R-1
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
AN ORDINANCE TO ALLOW WETLANDS
MITIGATION REQUIREMENTS TO BE
SATISFIED BY THE PURCHASE OF
WETLANDS BANKING CREDITS
SECTION AMENDED: CITY ZONING ORDINANCE §1408.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Appendix.A, Article 14, Section 1408.1 of the Wetlands
Zoning Ordinance is hereby amended and reordained to read as
follows-.
Sec. 1408.1.
( a ) The
Standar4s for use and development of wetlands.
following standards shall apply to the use and
development of wetlands and shall be considered by the Board in the
determination of whether any permit required by this article should
be granted or denied:
(1) Wetlands of primary ecological significance shall not be
altered so that the ecological systems in the wetlands
are unreasonably disturbed; and
(2) To the maximum extent practical, development shall be
concentrated
significance,
irreversibly
nonvegetated
in wetlands of lesser ecological
in vegetated wetlands which have been
disturbed before July 1, 1972, in
wetlands which have been irreversibly
disturbed prior to January 1, 1983, and in areas outside
of wetlands.
(b) The provisions of guidelines promulgated by the commission
pursuant to Code of Virginia, section 28.2-1301 shall be considered
in applying the standards set forth in subsection (a).
(c) When any activity authorized by a permit issued pursuant
to this article is conditioned upon compensatory mitigation for
adverse impacts to wetlands, the applicant may be permitted to
satisfy all or part of such mitigation requirements by the purchase
of credits from any wetlands mitigation bank that has been approved
and is operating in accordance with applicable federal guidance for
the establishment, use and operation of mitigation banks as long
as: (1) the bank is in the same U.S.G.S. cataloging unit, as
defined by the Hydrologic Unit Map of the United States (U.S.G.S.
39
40
41
42
43
44
1980), or an adjacent cataloging unit within the same river
watershed, as the impacted site; (2) the bank is ecologically
preferable to practicable on-site and off-site individual
mitigation options, as defined by federal wetlands requlations; and
(3) the bankinq instrument, if approved after July 1, 1996, has
been approved by a process that included public review and comment.
45
46
47
48
49
50
Adopted by the City Council of the City of Virginia Beach on
this 29th day of October, 1996.
CA-6392
DATA/ORDIN/PROPOSED/45-1408.COM
JULY 18, 1996
Ri
- 53 -
Item V-M. IO.b.
PUBLIC HEARING
ITEM # 41390
PLANNING BY CONSENT
fJpon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council DEFERRED TWO
WEEKS until the City Council Session of November 12, 1996:
Hpplication of the CITY OF VIRGINIA BEACH to AMEND and
REORDAIN the City Zoning Ordinance:
Section 203 re on-site vehicular in~lting requirements for restaurants
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William VE. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis IZ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 29, 1996
Item F'-N.
APPOINTMENTS
ITEM # 41391
BY CONSENSUS, City Council RESCHEDULED:
COMMUNITY SERVICES BOARD
EROSION COMMISSION
October 29, 1996
- 55 -
Item V-P.
NEW BUSINESS
ITEM # 41392
BY CONSENSUS, City Council SCHEDULED DECEMBER COUNCIL SESSIONS:
December 3, 1996
December 17, 1996
(RESCHEDULED from December I0, 1996)
(Planning items shah be scheduled for both meetings)
October 29, 1996
Item IV-Q. 1.
ADJOURNMENT
ITEM # 41395
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:20 P.M.
Beverly O. Hooks, CMC/,4,4E
Chief Deputy City Clerk
C/AAE ....
City Clerk
Meyera E. Oberndorf
Mayor '
City of Firginia Beach
Firginia
October 29, 1996