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Home My WebLink AboutMAY 25, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E ()BERND()R)~ At-Large VlCEMAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEJ" Kempsville - District 2 MARGARbT L. mIRE, Centervilfe - District 1 REBA S. McCLANAN, Rose Hall - District 3 RiCHARD A. MADDOX Beach - Di-I'triet 6 JIM REEVE, Princes.\' Anne - District 7 PETER W. SCHMlDT, AI-i,arge RON A. VIlLANUEVA, At.l.arge RO.%"MARY WILSON, At-Large JAMES L WOOD, Lynnhaven .District 5 V'\>llA.BE.I~ E""'let;:; ~ . ~:t 8 II, \, ~ \...J:i ."~_.W,o , .' 0,.. c;;;r~.lIC ~ CITY COUNCIL AGENDA CITY HALL BUILDING J 2401 COUR7HOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427.4303 FAX (757) 426.5669 E MAIL:Ctycncl@vbgov.com JAME."; K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RW'H HODGES .W/TH, MMCA, Ci~Y Clerk 25 May 2004 I. CITY COUNCIL'S BRIEFINGS - Conference Room 1:30 P.M. A. SOUTHEASTERNPARKWAY/GREENBELT Ken Wilkinson, Environmental Planner Virginia Department of Transportation (VDOT) Karl Kratzer, Project Consultant - H. W. Lochner, Inc B. MEMORIAL DAY 2005 James Ricketts, Director, Convention and Visitors Bureau Vanessa Valldejuli, Associate City Attorney C. BUS RAPID TRANSIT TECHNOLOGY and PROJECT UPDATE Richard A. Maddox, Council Member II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room 4:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Ray Bjorkman Pastor, Beach Fellowship C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES }, INFORMAL AND FORMAL SESSIONS May 11, 2004 G. AGENDA FOR FORMAl" SESSION H. CONSENT AGENDA 1. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code and Subdivision Regulations to eliminate the Department of General Services and reassign its functions: a. AMEND 992-247,2-267,2-273,24-2,33-113.1 and 7.3 b. REPEAL 992-331,2-332 c. ADD 92-273 2. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re Elbow Road Phase ITA and ACQUISITION oftemporary and permanent easements by agreement or condemnation. 3. Ordinance to AUTHORIZE temporary encroachments into the City's rights-of-way: a. THOMAS EVAN WILLIAMS to maintain an existing fence at 4910 Oceanfront Avenue (DISTRICT 6 - BEACH) b. AUBREY LAYNE, JR. (Pembroke Office Park) to maintain a business sign at Virginia Beach Boulevard and Second Street (DISTRICT 4- BA YSIDE) c. FOXFIRE SUBDIVISION re construction and maintenance offences at Esplandade Drive and the terminus of the right-of-way (DISTRICT 7 - PRINCESS ANNE) (1) Travis and Tonya Klein (2) Robert J. and Linda K. Walsh (3) Michael B. and Shannon M. Golden (4) James David and Ann B. Wright (5) Michael A. and Shelly L. German (6) Zachary J. Myers (7) Diana E. Vazquez (8) Clarence L. and Barbara A. Garvin, Jr. (9) Richard A. and Debra A. Mills (10) Mark A. and Tracy M. Clemente (11) Kevin M. and Deborah A. Kennedy (12) Kim and Sharon L. Krewson (13) Edward T. and Margaret M. Rucka, Jr. (14) David W. and Kathleen A. Brownell (15) Beth V. Post (16) Frank S. and Lynda H. Gillikin, Jr. (17) Harvey L. Snyder, Jr. (18) Henry H. and Laurie Z. Johnson, II (19) Richard Crews (20) James K. and Deborah C. Edwards (21) Mary A. and Charles A. Kline (22) Robert D. and Jennifer Jeffers (23) William T. and Cynthia D. Calhoun 2720 Renaissance Way 2745 Orleans Way 2749 Orleans Way 2741 Orleans Way 2737 Orleans Way 2733 Orleans Way 2725 Orleans Way 2717 Orleans Way 2713 Orleans Way 2709 Orleans Way 2705 Orleans Way 2701 Orleans Way 2744 Renaissance Way 2748 Renaissance Way 2752 Renaissance Way 2756 Renaissance Way 2760 Renaissance Way 2700 Renaissance Way 2704 Renaissance Way 2708 Renaissance Way 2712 Renaissance Way 2724 Renaissance Way 2492 Navarre Way d. DAVID SIMS into a portion of Lake Rudee to construct and maintain a boat lift and floating dock at 704 Kennedy Avenue (DISTRICT 6 - BEACH) 4. Ordinance to TRANSFER $130,000 from the General Fund Reserve for Contingencies to the Planning Department's FY 2003-2004 Operating Budget re development of an urban design element for the Historic Kempsville Plan. DEFERRED: May 11, 2004 5. Resolution ESTABLISHING a policy re the connection of private utilities in rural areas for public water and sanitary sewer systems. -----~._.."-_..~......_' .-- J. PLANNING 1. Application of HERTZ LOCAL EDITION for an AMENDMENT to the Timberlake PD-Hlland use plan re motor vehicle rentals at 4291 Holland Road, Suite 103 to store up to ten (10) cars at the south end of the parking lot. (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of SANTA FE, LP for Conditional Use Permit re automobile repair at 3700 Sentara Way for construction of a preparation facility containing a paint bay, restrooms and office. (DISTRICT 3- ROSE HALL) RECOMMENDATION: APPROVAL 3. Application of STAR OF THE SEA REGIONAL CATHOLIC SCHOOL for a Conditional Use Permit re a school expansion at 309 15th Street. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of JESSUP CONSTRUCTION L.L.C. for a Chanr<e ofZoninr< from R-40 Residential District to Conditional R-30 Residential District at 1017 Harris Road. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROV AL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- (a) Plumbing/Mechanical (b) Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ............... If you are physically disabled or vlsuaUy impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 4274305 (TDD - Telephonic Device for the Deat) *"'************ Agenda 05125/04\bb www.vbe:ov.com .-...--- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 25, 2004 Vice Mayor Louis R. Jones called to order the City Council Session re SOUTHEASTERN P ARKW A YIGREENBELT in the Council Conference Room, City Hall, on Tuesday, May 25, 2004, at 1:30 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, and Rosemary Wilson Council Members Absent: Mayor Meyera E. Oberndorf James L. Wood Ron A. Villanueva [Entered: 2:20} Vice Mayor Jones advised Mayor Oberndorf and Councilman Wood are attending the INTERNATIONAL COUNCIL OF SHOPPING CENTERS CONFERENCE in Las Vegas, Nevada. They are accompanied by Donald Maxwell and representatives of the Virginia Beach Economic Development Department. - 2- CITY COUNCIL'S BRIEFINGS SOUTHEASTERN PARKWAY/GREENBELT 1:30 P.M. ITEM # 52593 The City Manager introduced Ken Wilkinson, Environmental Planner - Virginia Department of Transportation (VDOT), Karl Kratzer, Project Consultant - H W Lochner, Inc. and William Cashman, Principal Transportation Planner - URS Corporation, to present a status report relative the Southeastern Parkway/Greenbelt Location study. Ken Wilkinson advised, in 1996. a Supplemental Draft Environmental Impact Study, complying with Federal Law, was completed. The Commonwealth Transportation Board adopted the South Alternative. This alternative is displayed in "red" in the VDOT newsletter distributed to City Council. This depiction is not exact as the changes are due to new conditions i.e. home construction. A Final Environmental Impact Statement (EIS) was developed in 1997. Prior to the issuance of the Final EIS, VDOT and the Federal Highway Administration discontinued the study. After this point, Virginia Beach and Chesapeake conducted a Joint Land Use Study. This Joint Land Use Study was concluded in 200 I with a Memorandum of Understanding which demonstrated continued support of the Southeastern Parkway/Greenbelt project. The Federal Highway Project and VDOT have commenced development of a new Environmental Impact Statement. The range of alternatives identified in the 1996 Environmental Impact Study have been utilized as a basis for the new Statement. William (Bill) Cashman, advised three (3) principal changes have occurred since the prior Southeastern Parkway/Greenbelt document: Approximately ten (10) more years of growth and development Southeastern Parlnvay/Greenbelt is expected to be toll financed (wholly or partially) Far less roadway improvements included in the long range plan along with the Southeastern Parkway/Greenbelt.. In developingforecasts, the drivingforces are growth and socio-economic variables, particularly population and employment. Growth is continuing but not at the same pace as experienced between 1990 and 2000. The population of Chesapeake increased approximately 31 % in the 1990's. Between 2000 and 2026, Chesapeake is forecasted to grow approximately 33%. Chesapeake is also forecasted to experience substantial employment growth. Virginia Beach's population growth is greater than Chesapeake; however, the rate of growth is lower. An increase in population of 100,000 is forecasted from 2000 to 2026. Virginia Beach adopted a Comprehensive Plan which emphasized growth around the 1-264 Corridor and not so much growth along the Southeastern Parkway/Greenbelt. Chesapeake is forecasting significant employment growth in the area of Greenbrier and Great Bridge, which will impact the forecast of Southeastern Parkway/Greenbelt. Chesapeake does not have many capacity increasing projects in the long range plan when compared to Virginia Beach, whose projects include widening of Rosemont, Princess Anne, Indian River and Salem Roads, as well as Nimmo Parkway (close to the Parkway Corridor). Chesapeake has only one urban project in the next twenty-six (26) yearsfundedfor improvement (Mount Pleasant Road, one mile section to the east of the Great Bridge Bypass). South of Stumpy Lake, here are only two (2) roads connecting Virginia Beach and Chesapeake: Elbow Road (which the Southeastern Parkway will go over) and North Landing Mount Pleasant. In all of Southside Hampton Roads within the next twenty-six (26) years, there is one 1.2-mile segment offreeway (segment of 1-64 from Battlefield Boulevard down to 1-464) which will have additional capacity. May 25, 2004 - 3 - CITY COUNCIL'S BRIEFINGS SOUTHEASTERN PARKWAY/GREENBELT ITEM # 52593 (Continued) As the traffic projections indicate higher usage in the Chesapeake portion of the Southeastern Parkway/Greenbelt, this information will be presented to the Chesapeake City Council in June. Mr. Wilkinson advised, during the last study, the Virginia Department of Transportation worked very closely with the United States Army Corps of Engineers, Fish and Wildlife Service and the Environmental Protection Agency. When this process again commenced, the same agencies were contacted. Traffic projections were explained. Transportation and Mitigation Subcommittees were established. The meetings of the Mitigation Subcommittee will begin next week re the conceptual plan for mitigation i.e. wetland impacts. Advance copies of the DRAFT Environmental Impact Statement (EIS) will be submitted to the us. Army Corps of Engineers, Us. Fish and Wildlife Service and Environmental Protection Agency for their review and comments. The Federal Highway Administration will possibly not sign the DRAFT Environmental Impact Statement until the concerns of these agencies have been addressed. Robert Matthias, Assistant to the City Manager, advised the City Council has been very aggressive re preserving the right-of way within Virginia Beach. No subdivisions have been allowed to be platted since the right-ofway for the Southeastern Parkway/Greenbelt was identified. Over $1 O-MILLION was expended by the City. Us. Fish and Wildlife will probably be the main obstacle to the Southeastern Parkway/Greenbelt; however, Fish and Wildlife does not have veto power. The Us. Army Corps of Engineers and the Environmental Protection Agency are the services which can veto the Statement. US. Fish and Wildlife, in their correspondence, expressed severe concerns to VDOT This agency has since stated they will "keep an open mind" on this project. A permit to build the project must also be obtained from the us. Army Corps of Engineers. Citizen Information Meetings Chesapeake May 26, 2004 4:00 to 7:00 P.M. Hampton Roads Planning District Commission Regional Building 723 Woodlake Drive Virginia Beach May 27, 2004 4:00 to 7:00 P.M. Christopher Farms Elementary School 2828 Pleasant Acres Drive Mr. Wilkinson referenced VDOT anticipates publishing a Federally signed Environmental Impact Statement late this Summer with Public Hearings scheduled in the Fall. After the Public Hearings, VDOT would present the results to the Commonwealth Transportation Board After their decision, adoption of an alternative or possibly the no-build, VDOT hopes to publish a FINAL Environmental Impact Statement in Spring 2005 to record the action of the Commonwealth Transportation Board, respond to comments and discuss the mitigation of the impacts proposed. With completion of the FINAL EIS, the next step would be the record of decision which is the final Federal approval of the location which allows the project to advance to final design, right-of way acquisition and ultimately construction (if a build alternative is selected). May 25, 2004 - 4- CITY COUNCIL'S BRIEFINGS MEMORIAL DAY 2005 2:12 P.M. ITEM # 52595 James Ricketts, Director - Convention and Visitors Bureau, advised on February 10, 2004, City Council adopted a Resolution expressing support for honoring the Nation's Military by scheduling a Military Appreciation Day on Memorial Day Weekend, 2005. A committee was to be established to assist the planning process and develop a Memorandum of Understanding (MOU) with the USO of Hampton Roads, Inc. Associate City Attorney Vanessa Valldejuli introduced Timothy W Dorsey, Vice President and General Counsel, representing the USa. Council Lady Wilson recognized JejJHill, President -USO Hampton Roads, Ira M. Agricola, Senior Vice President - Hampton Roads Chamber of Commerce and Bill Douthat, President - Whisper Entertainment Consultants, Inc. The Event will be the first annual Patriotic Salute and Celebration on Memorial Day Weekend 2005. Associate City Attorney Valldejuli referenced: Responsibilities of Event Sponsor (USO of Hampton Roads, Inc.) Organize, plan, initiate, promote and provide management for the event Secure all necessary permits including local Special Events permit Secure liability and event interruption/cancellation insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured Book entertainment with certain drawing power as follows: One "headliner" act shall be booked for one day of the event One of the major entertainment events shall be a USO Variety Show with a "headliner" comic performer and variety acts with national recognition One "second tier" entertainment act with national recognition shall be booked for another day of the event All entertainment to be approved by the City Responsible for producing, distributing and collecting tickets Will distribute no more than 5,000 complimentary tickets for each day of the event to active and retired military and their immediate families as well as sponsors, media and designated offiCials mutually agreed upon by the City and Event Sponsor Will raise $225,000 in private-sector sponsorship solicitations May charge a management fee not to exceed $50,000 Must furnish a performance bond in the sum of $600,000 payable to the City no later than October 1, 2004 May 25, 2004 - 5- CITY COUNCIL'S BRIEFINGS MEMORIAL DA Y 2005 ITEM # 52595 (Continued) Responsibilities of the City Provide up to $200,000 to City's advertising contract to market the Event within and without the Hampton Roads area Provide an Entertainment Funding Grant in the amount of $600,000 payable in three equal installments of $200, 000 Provide base City services of police, paramedic, trash removal and maintenance of public areas Payment Schedule for Entertainment Funding Grant The first $200,000 will be paid on October 1, 2004 so long as: (i) Event Sponsor submits a site and logistic plan for the entire event by August 1, 2004; (ii) Event Sponsor submits supporting documentation evidencing $100,000 in private-sector sponsorship no later than October I, 2004; and (iii) Event Sponsor provides evidence of booking of the "headliner" act by August 1, 2004 Installment payment and August 1" deadlines may be postponed if the "headliner" entertainer has not set its schedule by that date The second $200,000 will be paid on January 1, 2005, so long as the Event Sponsor submits supporting documentation evidencing $225, 000 in private-sector sponsorships no later than January 1, 2005, and provides evidence of booking of the USO Variety Show no later than January 1, 2005; The last $200,000 installment shall be paid on February 1,2005 Second and third installment payments are also subject to the requirement that the Event Sponsor produce reasonable documentation, acceptable to the City, evidencing why the installment payment should be made May 25, 2004 - 6- CITY COUNCIL'S BRIEFINGS MEMORIAL DAY 2005 ITEM # 52595 (Continued) Termination If the Event Sponsor canceis the event without cause, defaults in providing the City with supporting documentation for instaliment payments of the Entertainment Funding Grant, or fails to comply with any provision of the MOU, the City shali have the right to terminate the MOU The Event Sponsor shali reimburse the City for ali instaliments, or any portion thereof, paid to the Event Sponsors Other Terms Event Sponsor may establish a non-profit entity to perform its duties and responsibilities under the MOU The Event Sponsor may assign its rights and obligations under the MOU to this non-profit entity with the written consent of the City Event Sponsor agrees to City's auditing requirement Mr. Ricketts identified costs associated with the Military Appreciation Weekend. Relative the Entertainment Funding Grant in the amount of $600,000, the $200,000 for marketing is not actualiy a grant as this is staying within the Convention and Visitors Bureau (CVB), taken from the Tourism Advertising and Contingency Funds. The CVB will coordinate with the usa to market the event, both out of market and localiy to our citizens. The shuttle bus transportation wili run approximately $165,000 to $200,000 depending on weather conditions. Parking will be $10.00 (due to increased costs for charter buses). On Friday for the headliner act, thirty-five (35) buses will be utilized. On Saturday and Sunday for the usa, twenty-five (25) buses will be used each day. The Camp Pendleton Parking lot, on a routine basis, can accompany 2,000 cars and if necessary, up to 5,000 cars can be parked. A lot of this parking is on "grass" and if it rains, this parking would not be available. Only the helopad (helicopter pad) would accommodate 250 cars. There would be an incremental police cost of$1 10,000. Revenue Expenses Ticket Sales $468,500 Event Expenses $600,000 Room Surcharge $ 21,000 Production $191,400 Net Concession Fees $144,200 Management Fee $ 50,000 usa Sponsorships $225,000 Admission Tax $ 42,591 (also Revenue) Total $858,700 Total $883,991 Mr. Ricketts advised Memorial Day weekend averages approximately 85% rooms booked. This Holiday is "weather driven ", Under the best case scenario, the cost to the City would be approximately $339,000. May 25, 2004 - 7- CITY COUNCIL'S BRIEFINGS BUS RAPID TRANSIT TECHNOLOGY AND PROJECT UPDATE 2:35P.M. ITEM # 52596 Councilman Maddox referenced his attendance during the Second Annual Bus Rapid Transit (BRT) Conference in Denver. The highlight of the Conference was Las Vegas' Bus Rapid Transit project. The operation of this BRT will commence June 30, 2004. The Mayor, Councilman Wood and Don Maxwell, Director - Economic Development, are touring the facility this week. Councilman Maddox introduced Jayne Whitney, Chi~fDevelopment Officer - Hampton Roads Transit (HRT) and Ray Amaruso, URS, Inc. Mr. Amaruso advised Bus Rapid Transit (BRT) is low cost investment which achieves faster operating speeds and increased convenience. Vehicles are in exclusive bus lanes. Improved bus service would give priority treatment to buses on urban roadways and includes the following features: Dedicated bus lanes Attractive and easily accessible stations Bus signal preference and preemption Digital technologies that improve customer information and reliability Expedited bus boarding and fare payment Platform design that provides for level boarding through the use of low-floor buses making boarding more efficient for all passengers The operational and travel time benefits resultingfrom the separation of buses from general purpose traffic can be augmented with improved passenger amenities such as bus shelters and stations Mr. Amaruso displayed slides of various BRT's: Irisbus North America Civis: Length: 60 feet with a capacity of 46 to 60 (seated) and to 120 (if standing). Fuel: Low Sulfur Diesel, Gas Duel Mode, OCS. (Las Vegas has purchased) Advanced Public Transport Systems Phi/eas 80: Length: 80 feet with a capacity of 38 to 121 (greater, if standing). Fuel: CNG, Diesel, Propane, Gas, Hydrogen, Fuel Cells New Flyer of America Invero BRT: Length: 60 feet with a capacity of 47 to 53. Fuel: CNG/LNG/Diesel/Gas North American Bus Industries Model 60 -BRT: Length: 60 feet with a capacity of 60/30 (seated). Fuel: CNG/Diesel The Goal of the Virginia Beach Bus Rapid Transit (BRT) Feasibility Study was to determine the feasibility of using BRT technology to connect the Oceanfront Resort to the new convention center (due to open in January 2007). Thefour (4) month study was completed in April 2004. May 25, 2004 - 8- CITY COUNCIL'S BRIEFINGS BUS RAPID TRANSIT TECHNOLOGY AND PROJECT UPDATE ITEM # 52596 (Continued) BRT Feasibility Major Tasks Identified potential BRT Route alternatives and operating plans Surveyed available BRTvehicles Estimated the preliminary capital costs Evaluated the potential alternatives and recommend a preferred alternative Determined potential financing strategy Preliminary Route Alternatives: North/South alternatives (Atlantic & Pacific Avenues - Rudee Inlet to 40" Street - Contra flow - Concurrent flow - Vehicle with left-side door opening East/West alternatives - 19" Street two-way - 17th/19th Street pair Key Physical Characteristics Exclusive, dedicated bus lanes Separated from General Purpose Lanes by 12-foot wide painted buffer Distinctive station identity and canopies Off-vehicle fare collection (proof of payment) Global Position Satellite Advanced vehicle design specific to the route Real item passenger information Proposed BRT Routes Non-Convention Center Events - Atlantic/Pacific Loop - 19" Street Loop 2.5 to 10 minute headways depending on time of day/year Requires approximately five (5) vehicles Convention Center Events: - North Beach to Convention Center - South Beach to Convention Center - Atlantic/Pacific Loop Requires up to 20 vehicles May 25, 2004 - 9- CITY COUNCIL'S BRIEFINGS BUS RAPID TRANSIT TECHNOLOGY AND PROJECT UPDATE ITEM # 52596 (Continued) Early Total Ridership Estimates Opening Year 2007 Forecast Year 2026 835,300 1,077,100 As comparison, Mr. Amaruso advised the WAVE (Trolley) carries approximately 500,000 passengers on an annual basis Preliminary Capital Costs $30 - $33-MILLION (ABOUT $5-million per mile) - Key cost assumptions Vehicles ($l-MILLION PER BUS) 6.3 miles of BRT (Bus Rapid Transit) lanes Memand~~npamredbuffer 29 stations with shelters andfare vending equipment Real time passenger information Opening in January of 2007 Next Steps (Within 120 days) Refine capital costs Advance design efforts IdentifY funding sources Request Virginia Beach City Council direction Councilman Maddox advised one of the issues reviewed was to be able to move 5,000 people within an hour from the hotels at the Oceanfront to the Convention Center. This transportation component essentially makes every hotel on the Oceanfront a headquarters hotel. Unfortunately, at the present time, there are no American made vehicles (BRT's) with style. Las Vegas is the fastest growing urban area in the United States with over 6,000 new residents each month. More bus miles are run than anywhere in the United States. Serious air quality problems exist in Las Vegas. Irisbus North America Civis will utilize a 7.8 mile project corridor consisting of twenty (20) stations and dedicated lanes, with optical guidance (a line is painted on the street and the vehicle "reads" this line), offboardfare collection and transit signal priority. The Civis accommodates sixty (60) seated or one hundred twenty (120) standing passengers. This vehicle has the capacity of three (3) standard Hampton Roads Transit buses or five (5) trolleys. This vehicle is completely self sufficient, level boarding and handi-cap accessible. All vehicles have bike racks contained within. Councilman Maddox displayed a video of the Irisbus North America eivis. The total cost is $19,400,000, which equates to approximately $2 liz-MILLION per mile. There are ten vehicles which are undergoing extensive testing and training. Jayne Whitney advised congressional funds were received for a multi-modal center in Virginia Beach. To apply for this BRT project, funds had to be reprogrammed and language added to the appropriations which referenced Bus Rapid Transit. This has been approved by the Chairman of the Appropriations' Committee. The approval letter should be received shortly. May 25, 2004 - 10- CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS 3:05 P.M. ITEM # 52597 Councilman Reeve referenced the appointment of Councilman Maddox and himself as representatives of the Joint Land Use Study Committee. The City Manger advised the Hampton Roads Planning District Commission (HRPDC) met last Wednesday, May 19,2004, and officially approved the workplan and the submission of the Grant and the representatives were informed approval should be within ten to fourteen days. The City Manager is not aware the Joint Land Use Study Committee meeting has been scheduled. The "working group" shall review proposals from consultants on May 27, 2004. Four (4) consultant proposals have been received. A recommendation will be made to the Hampton Roads Planning District Commission at the June Eighth Meeting. ITEM # 52598 On July 6, 2004, the CEREMONIAL ORGANIZATION (oath of office and formal seating) of the newly elected and re-elected Council Members shall be scheduled early in the day, followed by a luncheon for Council Members and their families. The City Council's Informal and Formal Sessions will occur after these ceremonies. Families and friends of Council Members will be invited. The City Manager was directed to make the necessary arrangements. ITEM # 52599 Councilman Villanueva requested a Briefing by the developer relative the 31" Street Project to clarify issues for the City Council Members and citizens. The City Manager suggested during the City Council Workshop of June 15, 2004, a "hard hat" tour of the 3I" Street site be conducted. ITEM # 52600 Councilman Reeve referenced the ADOPTION of the FY 2004-2005 Operating Budget and Capital Improvement Plan on May 11, 2004, and correspondence from Victoria Lewis, Chief Financial Officer, relative the Revenue Sharing Formula. The City Manager advised Vice Mayor Jones and himself met with the Virginia Beach School Board Chair Dan Edwards, and Vice Chair Neil L. Rose this morning, May 25, 2004, to attempt to clarify this interpretation. The City Council was and is in support of the Revenue Sharing Formula. The additional funds established by the General Assembly are considered to be outside of the Formula. The legislation requests the City Council consider these funds be used for education and tax relief Schools will also receive over $21 -MILLION in additional funding beyond the fully funded budget request. May 25, 2004 -11- AGE N DA REV IE W S E S S ION 3:15 P.M. ITEM # 52601 1.5. Resolution ESTABLISHING a policy re the connection of private utilities in rural areas for public water and sanitary sewer systems. Councilman Reeve referenced the revised Resolution distributed by Deputy City Attorney Macali and referenced the revisions: Paragraph 2a. Line 53: a. The extension is to serve an existing .a "r;;-lvj/mr;..lft, use. not new uses u.'!=.yc-lupmc-,d VI r;;A}/UH"';UH.:I vI J;-.Il,;J'~'H5 ~"r;..lvYlTu;'Hl. To the extent possible consistent with normal engineering design principles, the private utilities shall be sized to serve the existing Jl=.yc:;.!vymr;;ut use only. This would allow the entities to have some reasonable expectation that they could expand their current use. Council Lady McClanan advised conferring with Public Utilities relative her concerns. Council Lady McClanan inquired if this item could be discussed in Closed Session. Deputy City Attorney Macali advised if the item relates to legal advice as to the import of the policy and the changes made by this alternative Resolution, then this discussion could be in Closed Session. ITEM # 52602 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION 1.1. Ordinances to AMEND the City Code and Subdivision Regulations to eliminate the Department of General Services and reassign its functions: a. AMEND H2-247, 2-267, 2-273, 24-2, 33-113.1 and 7.3 b. REPEAL H2-331, 2-332 c. ADD ~2-273 1.2. Ordinance to AUTHORIZE acquisition of property infee simple for right-o.fway re Elbow Road Phase 1IA and ACQUISITION of temporary and permanent easements by agreement or condemnation. May 25,2004 - 12- AGE N DA REV I E W S E S S ION ITEM # 52602 (Continued) f3. Ordinance to A UTHORIZE temporary encroachments into the City's rights-of-way: a. THOMAS EVAN WILLIAMS to maintain an existing fence at 4910 Oceanfront Avenue (DISTRICT 6 - BEACH) b. A UBREY LA YNE, JR.. (Pembroke Office Park) to maintain a business sign at Virginia Beach Boulevard and Second Street (DISTRICT 4- BAYSIDE) c. FOXFIRE SUBDIVISION re construction and maintenance offences at Esplandade Drive and the terminus of the right-of-way (DISTRICT 7 - PRINCESS ANNE) (1) Travis and Tonya Klein (2) Robert J and Linda K. Walsh (3) Michael B. and Shannon M Golden (4) James David and Ann B. Wright (5) Michael A. and Shelly L. German (6) Zachary J Myers (7) Diana E. Vazquez (8) Clarence L. and Barbara A. Garvin, Jr. (9) Richard A. and Debra A. Mills (10) Mark A. and Tracy M Clemente (11) Kevin M and Deborah A. Kennedy (12) Kim and Sharon L. Krewson (13) Edward T and Margaret M. Rucka, Jr. (14) David W. and Kathleen A. Brownell (15) Beth V Post (16) Frank S. and Lynda H. Gillikin, Jr. (17) Harvey L. Snyder, Jr. (18) Henry H. and Laurie Z. Johnson, II (19) Richard Crews (20) James K. and Deborah C. Edwards (21) Mary A. and Charles A. Kline (22) Robert D. and Jennifer Jeffers (23) William T and Cynthia D. Calhoun 2720 Renaissance Way 2745 Orleans Way 2749 Orleans Way 2741 Orleans Way 2737 Orleans Way 2733 Orleans Way 2725 Orleans Way 2717 Orleans Way 2713 Orleans Way 2709 Orleans Way 2705 Orleans Way 2701 Orleans Way 2744 Renaissance Way 2748 Renaissance Way 2752 Renaissance Way 2756 Renaissance Way 2760 Renaissance Way 2700 Renaissance Way 2704 Renaissance Way 2708 Renaissance Way 2712 Renaissance Way 2724 Renaissance Way 2492 Navarre Way d. DA VID SIMS into a portion of Lake Rudee to construct and maintain a boat lift and floating dock at 704 Kennedy Avenue (DISTRICT 6 - BEACH) May 25, 2004 -13 - AGE N DA REV I E W S E S S ION ITEM # 52602 (Continued) I. 4. Ordinance to TRANSFER $130, 000 from the General Fund Reserve for Contingencies to the Planning Departments FY 2003-2004 Operating Budget re development of an urban design element for the Historic Kempsville Plan. Council Lady McClanan will vote NA Y on Item I. 1. albic (General Services) and Item 4. (Historic Kempsville Plan). Council Lady McClanan DISCLOSED Pursuant to Conflict of Interests Act S 2.2-3115 (G) re Item 4. re Ordinance to Transfer $130,000 from the General Fund Reserve for Contingencies to the Planning Departments FY 2003-2004 Operating Budget re development of an urban design element for the Historic Kempsville Plan. Council Lady McClanan and her husband have an ownership interest in Kempsville Professional Center, Inc. and that corporation owns property located at 425 South Witchduck Road (GPIN 14667954000000), near the intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised Council Lady McClanan is able to participate in this discussion fairly, objectively and in the public interest. May 25, 2004 -14 - AGE N DA REV I E W S E S S ION ITEM # 52603 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING J.l Application of HERTZ LOCAL EDITION for an AMENDMENT to the Timberlake PD-Hlland use plan re motor vehicle rentals at 4291 Holland Road, Suite 103 to store up to ten (/0) cars at the south end of the parking lot. (DISTRICT 2- KEMPSVILLE) J.2. Application of SANTA FE, LP for Conditional Use Permit re automobile repair at 3700 Sentara Way for construction of a preparation facility containing a paint bay, restrooms and office. (DISTRICT 3- ROSE HALL) J.3. Application of STAR OF THE SEA REGIONAL CATHOLIC CHURCHfor a Conditional Use Permit re a school expansion at 309 15" Street. (DISTRICT 6 - BEACH) J.4. Application of JESSUP CONSTRUCTION L.L.C for a Chanl!e of Zoninl! from R-40Residential District to Conditional R-30 ResidentialDistrict at 1017 Harris Road. (DISTRICT 5 - LYNNHAVEN) Item J.4. will be DEFERRED, BY CONSENT, until the City Council Session of June 8, 2004. Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act 9 2.2-3115 (H). Re Item J.4.. (Application of JESSUP CONSTRUCTION L.L.Cfor a Chanl!e ofZoninl! from R-40 Residential District to Conditional R-30 Residential District at 1017 Harris Road.) Jessup Construction L.L. C is a client of Prudential Decker Realty. Council Lady Wilson has a personal interest in Prudential Decker Realty arising out of her receipt of commissions from Prudential Decker Realty. The City Attorney has advised although she has a personal interest in this transaction, because she does not personally provide services to Jessup Construction L.L. C, Council Lady Wilson may participate without restriction in City Council's discussion and vote on this transaction. Council Lady Wilson's letter of May 25, 2004, is hereby made a part of the record. May 25, 2004 -15 - ITEM # 52604 Vice Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). Appointments: To Wit: Appointments: Boards and Commissions: Arts and Humanities Commission Beaches and Waterways Commission Board of Building Code Appeals - (a) Plumbing/Mechanical (b) Building Maintenance Hampton Roads Planning District Commission - HRPDC Health Services Advisory Board Human Rights Commission Minority Business Council Open Space Committee Shore Drive Advisory Committee Social Services Board Tidewater Transportation District of Hampton Roads Commission Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly- held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Bayside District Beach District Princess Anne District 31" Street LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-37JJ (A)(7). Private Utilities in Public Areas PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705(A)(56) AND Discussion of the award of a public contract involving the expenditure of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Contractual Negotiations Nimmo Parkway Cost Participation Agreement Memorandum of Understanding with USO 31" Street Project May 25, 2004 -16 - ITEM # 52604 (Continued) Upon motion by Council Lady Eure, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION (3:40 P.M.). Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood (Closed Session: 3:40 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 6:00 P.M.) May 25, 2004 - 17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 25, 2004 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 25, 2004, at 6:00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter w: Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood Mayor Oberndorfand Councilman Wood are attending the INTERNATIONAL COUNCIL OF SHOPPING CENTERS CONFERENCE in Las Vegas, Nevada. They are accompanied by Don Maxwell and representatives of the Virginia Beach Economic Development Department. INVOCATION: Reverend Ray Bjorkman Pastor, Beach Fellowship PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agendafor each meeting of City Councilfor the purpose o.(identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the offiCial records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. May 25, 2004 - 18- Item V-E.l. CERTIFICATION OF CLOSED SESSION ITEM # 52605 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting; 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 52604, page 15, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOL YED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~N~:/~ - . uth Hodges Smith, MMC City Clerk May 25,2004 -19 - Item V-F. 1. MINUTES ITEM # 52606 Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council APPROVED the Minutes of the INFORMAL AND FORMAL FORMAL SESSIONS of May 25, 2004. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 - 20- Item V-G. I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 52607 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 25, 2004 ~ - 21- Item V-I. ORDINANCES/RESOLUTION ITEM # 52608 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED in ONE MOTION Ordinances/Resolution 1a/ble, 2, 3a/b/e/d, 4 and 5 of the CONSENT AGENDA. Item 1.5 was DEFERRED, BY CONSENT, until the City Council Session of June 8, 2004. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James 1. Wood Council Lady McClanan will vote NAY on Item I.1.alble (GENERAL SERVICES) and Item 1. 4. (Historic Kempsville Plan). Council Lady McClanan DISCLOSED Pursuant to Conflict of Interests Act ,9 2.2-3115 (G) re Item 1.4. (Ordinance to Transfer $130,000 from the General Fund Reserve for Contingencies to the Planning Departments FY 2003-2004 Operating Budget re development of an urban design element for the Historic Kempsville Plan). Council Lady McClanan and her husband have an ownership interest in Kempsville Professional Center, Inc. and that corporation owns property located at 425 South Wttchduck Road (GPIN 1466 7954000000), near the intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised Council Lady McClanan is able to participate in this discussion fairly, objectively and in the public interest. May 25, 2004 - 22- Item V-L1.a/b/c. ORDINANCES/RESOLUTION ITEM # 52609 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED: Ordinances to AMEND the City Code and Subdivision Regulations to eliminate the Department of General Services and reassign its functions: AMEND {1/2-247, 2-267, 2-273, 24-2, 33-113.1 and 7.3 REPEAL H2-331, 2-332 ADD 9-273 Voting: 8-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 1 AN ORDINANCE AMENDING THE CITY CODE TO REFLECT 2 THE ELIMINATION OF THE GENERAL SERVICES 3 DEPARTMENT AND REASSIGNMENT OF ITS FUNCTIONS 4 5 SECTIONS ADDED: ~ 2-273 6 7 SECTIONS AMENDED: ~~ 2-247, 2-267, 2-273, 24-2 8 AND 33-113,1 9 10 SECTIONS REPEALED: ~~ 2-331, 2-332 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 2-247, 2-267, 24-2 and 33-113.1 of the City Code 16 are hereby amended and reordained, Sections 2-273 is added, and 17 Sections 2-331 and 2-332 repealed, to read as follows: 18 19 ARTICLE VII. DEPARTMENT OF MANAGEMENT SERVICES 20 Sec. 2-247. Functions. 21 The department of management services shall be responsible for 22 resource management, review and allocation, for budget and capital 23 program policy development, and for the following general duties, 24 including any other duties which may be required, assigned, or 25 prescribed by the councilor the city manager: 26 (1) Plan, prepare, and develop the annual operating budget, 27 including estimates of appropriations and revenues for support 28 of the operating budget, consistent with the provisions of 29 chapter 5 of the Charter, and carry out the same duties for 30 all amendments thereto. 31 2) Plan, prepare, and develop the capital improvements 32 program and capital budget in accordance with section 2-195 33 and carry out the same duties for all amendments thereto. 34 (3) Be responsible for short-term and multi-year financial 35 forecasts of both expenditures and revenues and annually 36 prepare a five-year forecast of expenditures and revenues. 37 ( 1 ) rerform internal financial ;:md complLmce auditing of 38 city ilgencioo on il ocheduled baoio ilnd ouch special audito ilO 39 required by the city manager or the director of management 40 oecrices. 41 +&rlilBe responsible for economic and fiscal impact analysis, 42 policy and fiscal analysis, and program evaluation services 43 regarding city programs, agencies, business processes and 44 projects, and for provision of management assistance services 45 to teams, agencies and programs to improve cost management, 46 business processes and operations. 47 +6+J2lCoordinate or carry out city-wide surveys, strategic and 48 fiscal planning, and provide staff support for special studies 49 and projects. 50 liL Allocate space for city agencies and coordinate leases 51 for buildings or land used by city aqencies. 52 53 ARTICLE VIII. DEPARTMENT OF PUBLIC WORKS 54 55 Sec. 2-267. Divisions established. 56 There shall be, within the department of public works, the 57 following divisions: 58 (1 ) Engineering division. 59 (2) Highway division. 2 60 (3) Solid ~~ote Waste management division. (4) Traffic engineering di7ioion. 61 62 (-!'>jJ Office of real estate. 63 (5) Building maintenance division (6) Automotive services division 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Sec. 2-273. division. Composition and duties of building maintenance The building maintenance division of the department of public works, subject to the supervision and control of the director of public works, shall be responsible for the maintenance of the buildings within the city government and matters relating thereto and such other duties as may be required or prescribed. ARTICLE XII. DEPARTMENT OF GENERAL SERVICES Sec. 2-331. Crea~ea; eempesi~ieB Reserved. There io hereby creClted a department of gener~l oer:iceo, ',;hich oh~ll conoiot of a director of general oer.-iceo Clnd ouch other employeeo ClO mClY be:; preocribed by the councilor by ordero of the city mCln~ger or the director conoiotent there~ith. Sec. 2-332. FUBe~ieBs Reserved. The depClrtment of generCll oer7iceo ohall be reoponoible for the maintenance of the buildingo ~nd groundo ',;i thin the ei ty go"o"ernment, ',dth the Clweption of p~rlco ~nd recreCltion lando, and for the pro7ioion of other intern~l oer7iceo to city ~gencieo ~o mClY be preocribed by the councilor by ordero of the city mCln~ger or the director conoiotent there~ith. PARKS AND RECREATION Sec. 24-2. Functions of department. The department of parks and recreation shall be responsible for operating and maintaining all public parks, playgrounds and 3 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 recreation facilities and grounds within the city government and organizing and conducting recreation programs, and shall have such other powers and duties as may be assigned by the council. ARTICLE VI. ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC WAYS, PLACES OR PROPERTY Sec. 33-113.1. Criteria for administrative approval of certain encroachment applications. (a) City council hereby authorizes the city manager or his designee, upon proper application to the department of public works, to approve any encroachments into public streets, ways, places, or property for private underground utilities and subdivision identification signs when the following conditions are met: (10) If the encroachment is a subdivision sign, the sign shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed six (6) feet above the natural grade at the curb, and landscaping shall be approved by the lundocupe oerviceo divioion of the department of generul oerviceo ~rks and recreation. Adopted by the City Council of the City of Virginia Beach, 122 Virginia, on this 25~ day of May, 2004. 4 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND SUBDIVISION REGULATIONS ELIMINATION OF THE GENERAL AND REORDAIN THE TO REFLECT THE SERVICES DEPARTMENT SECTION AMENDED: 5 7.3 of the Subdivision Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 7.3 of the Subdivision Regulations is hereby 11 amended and reordained, to read as follows: 12 PROCEDURAL REQUIREMENTS ON IMPROVEMENTS 13 14 Sec. 7.3. Performance bond in lieu of installation. 15 Where installations as required herein have not been made, in 16 whole or in part, the city may accept for dedication for public use 17 any right-of-way located within the subdivision which has 18 constructed herein, or proposed to be constructed therein according 19 to plans and specifications filed and approved, any street, curb, 20 gutter, sidewalk, drainage, traffic control, street lights, 21 sewerage system, water system or other improvement, financed or to 22 be financed other than by city funds, only if the owner or 23 developer furnished to the city a subdivision agreement indicating 24 completion date of the required improvements and a form of surety 25 satisfactory to the city attorney in an amount equal to the 26 estimated costs of remaining construction (with estimated costs 27 agreed to by the departments of planning, gonorJl oor~icco parks 28 and recreation and public works-,- and the department of public 29 utilities where water or sewer facilities are concerned); however, 30 in no case shall the amount of surety be less than twenty (20) 31 percent of the total construction costs of the improvement. 32 33 Adopted by the City Council of the City of Virginia Beach, 34 Virginia, on this 2Sth day of May, 2004. 2 - 23- Item V-L2. ORDINANCESIRESOLUTION ITEM # 52610 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED, Ordinance to A UTHORlZE acquisition of property in fee simple for right-of- way re Elbow Road Phase IlA and ACQUISITION of temporary and permanent easements by agreement or condemnation. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorfand James L. Wood May 25, 2004 I AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY 2 IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 ELBOW ROAD PHASE llA (CIP 2-065) 4 AND THE ACQUISITION OF TEMPORARY AND PERMANENT 5 EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION 6 7 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 8 necessity exists for the construction of this important roadway project and intersection improvements 9 to provide transportation and for other public purposes for the preservation of the safety, health, 10 peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia II Beach: 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 Section I. That the City Council authorizes the acquisition by purchase or condemnation 15 pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all that certain real 16 property in fee simple, including temporary and permanent easements and right-of-way (collectively 17 the "Property") as shown on the plans entitled "CITY OF VIRGINIA BEACH, VIRGINIA 18 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION. ELBOW ROAD 19 EXTENDED PHASE IIA (CIP NO. 2-065) . ELBOW ROAD EXTENDED WATER 20 IMPROVEMENTS (CIP NO. 5-148)" (the "Project"), and more specifically described on the 21 acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Engineering 22 Division, Department of Public Works, City of Virginia Beach, Virginia. 23 Section 2. That the City Manager is hereby authorized to make or cause to be made on 24 behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the 25 owners or persons having an interest in the Property. If refused, the City Attorney is hereby 26 authorized to institute proceedings to condemn the Property. 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the ? 5 day 28 29 of Ma v CA9l87 ,2004. APPROVED AS TO CONTENTS ~ c.~Sh\ SIGNATU fU) t(CIlJ [li/ii1i DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~J-( 0 ' CITY ATTORNEY ~ 2 -_."._--------,-----~-"-" - 24- Item V-I.3.a. ORDINANCES/RESOLUTION ITEM # 52611 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachment into a portion of the City's right-ofway by THOMAS EVAN WILLIAMS to maintain an existing fence at 4910 Oceanfront Avenue (DISTRICT 6 - BEACH) The following conditions shall be required: 1 It is expressly understood and agreed that the temporary encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 3. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. It is further expressly understood and agreed that prior to issuance of a right-of-way permit, the Grantee must post a bond or other securi~v, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. 5. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 6. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the temporary encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. May 25, 2004 - 25- Item V-I.3.a. ORDINANCESIRESOLUTION ITEM # 5261 I (Continued) 7. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the temporary encroachment; and pending such removal, the City may charge the Grantee for the use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penal~y in the sum of One Hundred Dollars ($100.00) per day for each and everyday that the temporary encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 9. It is further expressly understood and agreed that the temporary encroachment must conform to the minimum setback requirements, as established by the City. Voting: 9-0 (By Consent) Council Members Voting Aye; Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT-OF-WAY 6 KNOWN AS 50TH STREET, BY 7 THOMAS EVAN WilLIAMS AND 8 BONNIE WilLIAMS, THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 12 WHEREAS, Thomas Evan Williams and Bonnie Williams have requested 13 permission to allow an existing fence to remain within the City's right-of-way located at 14 4910 Oceanfront Avenue. 15 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCil OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in SS 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Thomas Evan Williams and 22 Bonnie Williams, their heirs, assigns and successors in title are authorized to construct 23 and maintain a temporary encroachment for a fence in the City's right-of-way as shown 24 on the map entitled: "EXHIBIT A PLAT SHOWING ENCROACHMENT OF 5' WOOD 25 FENCE INTO 50TH STREET RIGHT OF WAY FOR BONNIE & T. EVAN WilLIAMS 26 D.B. 4165 P. 1227 lOT 28 THE HOLLIES M.B. 6 P. 107 VIRGINIA BEACH, VIRGINIA 27 SCALE: 1" - 25' JUNE 23, 2003", a copy of which is attached and to which reference is 28 made for a more particular description; and 29 BE iT FURTHER ORDAiNED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and Thomas Evan Williams and Bonnie Williams (the 32 "Agreement"), which is attached hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 34 is hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 36 time as Thomas Evan Williams and Bonnie Williams and the City Manager or his 37 authorized designee execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 ;;0<; day of M"y , 2004. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 A~~Z~.~:Z SIGNATURE W-~~ D PARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND M cA-'llll'O PREPARED: 5/6/04 ~_, \~ jo~ .u'....... ~9 \\\\r...., j -;:fJ.... 1a.~ ~~~\\~ '""" ~ ~,~ ---::. K~) ) ~ A cl ~ d ~ ~1(~\\~EJ'~~~~'I\!- ~ lrr..J. _,~ 1~~)\ ~\lC~ ~~ "- ~ ~~ ~ ~ ~.-r '\\[V-\ ~ ~~ ,...- ct\ ~ ~~f \\ ~ - 0\rl ~(" ~' ~.--l- I ~ ....... W ._ ~ \ I' -- -- - LOT28 ~ 1'- \"i ~ ---"c" 2418-98-0854 _>- ~ U!~ ... _ _ ~')" , ~\- V...... Q;";"~'\\~*' ~ - -,- \'\ 'r1\\J -\ -\ ~ .\ 0 \ -- ~;I\, I \ ~\\/- \. J. t~\i \~- ,:1 \%J~ .\ \~\ J c-e '" t.- '\'- '\- ~ \ \ --- II I \ ~ -tj\ r ';$,.l-: \-- .....--- hl'"'t1 ' ...., \ ~'~ .- ~~~ \ \ ,) ,\~\\::..--:: rl.>-\r'\ ~.;...-:~ I~ ~\ l ~ ~\ II 0 ~ :~-1J\ ,- ~\r;::; r.. . ...--. ~\ \ ( '0 ~ '- 1 s:[1 U_ ~ -~__j\ ~ ~ N~~ r=--- -"'~~ j ~ ~~. ~ ~.~ \J)~~ '1 \j ( ~~ 0 4..-f ,L__ ~~ \ ~\ \ "\ \ \ '\.-.d \\ ~ , o\, \.-l'\\~\" F G ,,,^~ ';' LOCATION MAP./ ~L \\~ ENCROACHMENT REQUEST ~,0 _LX)\\ FOR A FENCE ~ r-,'~ T. EVAN WILLIAMS & BONNIE WILLIAMS .Y t""~"" GPIN 2418-98-0854 \C{~" ;;;.--:- ~ ~~1 -\ . ,. ......--.lY ~\\\~ ~~h-~\'J. \~ SCALE: 1" = 200' ~~-=- , ~ct- , WILLlAMS.DGN M.j.S. ~ PREPARED BY PM ENG. CADD DEPT. MARCH,2004 II I ) ) q iI Ii [i PREPARED BY VIRGINIA BEACH !! CITY ATTORNEY'S OFFICE I: II II II II II II EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-81 I (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this~ day of -4r~, 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, T. EVAN WILLIAMS & BONNIE WILLIAMS THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNE SSE TH: That, WHEREAS, the Grantee is the owner ofthat certain lot, tract, or parcel ofland designated and described as "LOT #28, SUBDNISION THE HOLLIES" and being further designated and described as 4910 Oceanfront Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing fence, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the I Grantee encroach into a portion of the City right of way known as 50th Street, Oceanfront Avenue, 1\ I I I, .' II II II 11 Ii II II II , and Atlantic Avenue "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary i I Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand I I paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee I " :1 pemnsslOn to use The Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws ofthe Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT A. PLAT SHOWING ENCROACHMENT OF 5' WOOD FENCE INTO 50TH STREET RIGHT OF WAY FOR BONNIE & T. EVAN WILLIAMS D.S. 4165 P. 1227 LOT 28 THE HOLLIES M.B. 6 P. 107 VIRGINIA BEACH, VIRGINIA. SCALE: 1" = 25' . JUNE 23, 2003" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. II from the Office of Development Services center/Planning department prior to commencing any i I I I I , I It is further expressly understood and agreed that the Grantee must obtain a permit construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action I arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for 2 exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, ifrequired by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereofto the Grantee, and collect the cost in any manner provided by law for the collection oflocal or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and I I I , Ii II I , if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. [I !I I I I I I ! It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the 3 cancellation or termination of, or material chmge to, any of the insurance policies. The Grantee assumes all responsibilitieb and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setJacks requirements, as established by the City. IN WITNESS WHEREOF, BOW'HE WILLIAMS & T. EVAN WILLIAMS, the said Grantee has caused this Agreement to be executed by their sigaatures and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be exeGuted in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGiNIA BEACH By ~____________ City M,magerl Authorized Designee of the City Manager (SEAL) A TrEST: STATE OF VIRGU\lA CITY OFV1RGJ1'<1A BEACH, to-wit: The tiJrcgoing instrument was acknowledged betl)re me thi;: ____ day of 2()()4 bv ---------.--, '" -_._~------~---, CITY MANAGERJAUTHORIZED I I I DESIGNEE OF 1 HE CITY MANAGER. Notary Public iviy Cornn1i:,~ton Expires: l " STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: i' Ii " 'I II Ii I. BEACH. II I I The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA I I Notary Public My Commission Expires: STATE OF d CITY/COUNTY OF~ to-wit: The foregoing instrument was acknowledged before me this cJL. day of Upr~ \ , 2004, by Bonnie Williams. 115 vJCi.'5 {OMV\tlf<55/o",-e"'- ~. . ~oh.r7 Pu0n <. a..'S ~ My Commission Expires: i: - '3 I - 6 5: Q 'f./c.-.i ~tary Public The foregoing instrument was acknowledged before me this ~ day of ~, 2004, by 1. Evan Williams. f W<L5 {Of'^M./5f\t.t:-r! Z J.1~r-'J fJ.JoUc ~5 uta~ a .// H/~ 1 i I I i 'a,J~1 Notary Public I ! STATE OF r-, , ! I CITY/COUNTY OFck5ter'Tie (~ to-wit: My Commission Expires:i? - J I - oS APPROVED AS TO CONTENTS . aJ~4<~-rIJ.L I ~l,J DEPARTMENT f.i. SIGNATURE APPROVED AS TO LEGAL (:~::~CY e<OR~ CITY ;?;:ORNEY'-- 5 ATLANTIC AVE. (PLAT) (UNDEVELOPED) M.s. 6 P. 107 5.5' S 07'15'00" E 53.00' (]I 0 t+ z m :r a- a- )> ~, N " " < (J) u. " C'l c: c: ;a o. 0, ~c z 00 en " I 0 ITl "! C'l ITl "'< '" . C'l -I CD, 0 0 0 0) ~~ 0 " 0 ....., ~ LOT 28 C'l ~O z o . 0 GPIN: 2418-98-0854 27 C'l -:::! :::0 ~ ........... "! ;I; ~ C) 2; U; U; 0 0 0 " '< o. 8.0' 53.00' N 07'15'00" W --r '" <D. OCEANFRONT AVENUE (50' R/W) (1ST STREET - M.B. 6 P. 107) EXHIBIT A PlA T SHOWING ENCROACHMENT OF 5' WOOD FENCE INTO 50th STREET RIGHT OF WAY FOR BONNiE & T, EVAN WilLIAMS D.B. 4165 P. 1227 LOT 28 THE HOLUES M.B. 6 P. 107 VIRGINIA BEACH, VIRGINiA SCALE: 1" ; 25' JUNE 23, 2003 GAllUP SURVEYORS 8< ENGINEERS, L TO. 323 FIRST COLONIAL ROAD \IlAGINIA BEACH, VIRGINIA 23454 (757)428-6132 PlN(FlF LOT 239 99 J8 0: 99-224 - -2;- - - 26- Item V-I.3.b. ORDINANCES/RESOLUTION ITEM # 52612 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachment into a portion of the City's right-of-way by AUBREY LAYNE, JR. on behalf of PEMBROKE OFFICE PARK to maintain a business sign at Virginia Beach Boulevard and Second Street (DISTRICT 4- BA YSIDE) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant agrees that the prior sign's foundation base is a pedestrian hazard and must be removed by November 20, 2003. 4. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 6. The applicant must submit and have approved a traffic control plan before commencing work in the encroachment area. 7. Prior to issuance of a right-of-way permit, the applicant must post sureties in accordance with the project engineer's cost estimate, to the Office of Development Services Center/Planning Department. May 25, 2004 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE RIGHT-OF-WAY AT 6 VIRGINIA BEACH BOULEVARD AND 7 SECOND STREET, BY PEMBROKE OFFICE 8 PARK, L.P., ASSIGNS AND SUCCESSORS IN 9 TITLE 10 11 WHEREAS, Pembroke Office Park, L.P. desires to maintain a business 12 identification sign in the City's right-of-way located at Virginia Beach Boulevard and 13 Second Street. 14 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's right-of-way subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Pembroke Office Park, L.P., 21 its heirs, assigns and successors in title are authorized to maintain a temporary 22 encroachment for a business identification sign in the City's right-of-way as shown on 23 the map entitled: "Entry sign for Pembroke Office Center encroachment at VB Blvd." a 24 copy of which is on file in the Department of Public Works and to which reference is 25 made for a more particular description; and 26 BE IT FURTHER ORDAINED, that the temporary encroachment is 27 expressly subject to those terms, conditions and criteria contained in the agreement between the City of Virginia Beach and Pembroke Office Park, L P., which is attached 2 hereto and incorporated by reference; and 3 BE IT FURTHER ORDAINED, that the City Manager or his authorized 4 designee is hereby authorized to execute the Agreement; and 5 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 6 until such time as Pembroke Office Park, LP. and the City Manager or his authorized 7 designee execute the Agreement. 8 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 7" day of MilY ,2004. 10 11 12 13 14 15 16 17 18 19 APPROVED AS TO CONTENTS ~.Jn;~k C. quJJ,sfr.. NATURE p!J) Rrd &fc1i. DEPARTMENT APPROVED AS TO LEG SUFFIC~~CY AND F tv~~ CITY ATTORNEY 20 21 22 23 24 25 CA-9176 PREPARED: 3/25/4 .' _._._-----"----~"--_._----"-,-,_."- PREPARED BY VIRGINIA BEACH CIIT A HORNEY'S OFFICE EXEMPTED FROM RECORDA nON TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ",fh.dayof P1CfY"ch , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and PEMBROKE OFFICE PARK. L.P., ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "PEMBROKE ASSOCIATES" as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY FOR PEMBROKE ASSOCIATES BA YSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA Scale: 1" = 50' March, 1975 ", as recorded in M.B.109, at Page 21 in the Clerks Office of the Circuit Court ofthe City of Virginia Beach, Virginia and being further designated and described as 281 Independence Boulevard, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to maintain an identification sign for a business, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Second Street and Virginia Beach Boulevard, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: 1477-35-3753-0000 11 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 'i I, II i I constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the II 'I I, I , I I II 11 !I I' II II !I I! I II II I. Ii 11 II II J ~ l. 11 11 " " City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Entry sign for Pembroke Office Center encroachment at VB Blvd,", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that "For Lease/Rent" signs within the median adjacent to the identification sign must be removed by November 30, 2003. It is further expressly understood and agreed that the prior sign's foundation base is : I a pedestrian hazard and must be removed by November 30, 2003. ., It is further expressly understood and agreed that the Grantee shall indemnify and hold . i hannless the City, its agents and employees, from and against all claims, damages, losses and 2 expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment otherthan that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The ,I 'I 3 -"^t" , Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal , 'j or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and everyday that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes, IN WITNESS WHEREOF, the said Pembroke Office Park, L.P. has caused this agreement to be executed by Aubrey 1. Layne, Jr., Managing Member of Pembroke Office Park, L.P., a Virginia limited partnership, with due authority to bind said limited partnership, Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 I. " ., CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager , (SEAL) ATTEST: I' It !I II II !I II Ii Ii Ii I I II ! I STATE OF VIRGINIA II CITY OF VIRGINIA BEACH, to-wit: Ii II II t! II 1\ Ii ., I' Ii ,I , i ~ I , City Clerk The foregoing instrument was acknowledged before me this day of ,2ooi by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2003, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: ~E OF V /1<.G nJ Jfl ..Q1)?/CCuNl Y OF \lrJ?Vn,hlt tJEl!djo-wit: The for~roing instrument was acknowledged before me this _4T1+ day of N ItLcH ,200" by Aubrey L. Layne, Jr., Managing Member on behalf of Pembroke Office Park, L.P. My Commission Expires: ~ /3 I / z crX) ~f. ~~~~dL Notary Public APPROVED AS TO LEGAL SUFFICIEN APPROVED AS TO CONTENT ~ c.~fh\ TY REAL ESTATE AGENT CITY A TTO ,. i! 1! Rev. 07-24-02 6 Exhibit "A" Entry sign for Pembroke Office Center encroachment at VB Blvd. A ,N J Honey Baked Hams Office Max L 4 lanes VA Beach Blvd. 4 lanes 16' . 2nd Street . 20' I . ^ " Wl'1l'Lf\t 51&rl 1>.0, c.. L'6,<t.s.t4~ Slb7o' Nt'" 1',0.(,.. :;lDDp/)() Ij> /.!~i::6- u5/1SIN6- SItn-l Bank of America 26' 26' 15' Vacant- Cort Furniture 53' Drawing Is proportionally correct and was measured on site, Cambridge Rd. .... Owner's Property Pembroke Office Center I I I I- I ~ :~'~ , , , , I,..F -c: _:.... I , .--------> I , ) , " " " " J J 'll~ " " " " C'-;J ~::J l...J=' C~ C-J C..:l C-:> ~ , ' '\' '1- - - - - - - -,~-l .-- --- .-- ,. 1.-1 I /' I ' /\0'..... : == =0= I L -'\ '-- ~,- - -- -- - ~ : - ~: - ~ l '-" c -- --- ~ ,I I, ~ 1::1 n (" I I I r I tJ tJ - - .- L J- - - -II I I II I I 01 n 11 () Ul~ ~I......, I I LI u tJ Co => I I , '- D - - ~ r ,- - - -- - - - - J I -- ~=- =~~ \ ~ 11--- , , , ~ APPROX. LOCATION OF ~ PROP. SIGN - ,~ 1 ,0 ' II [I r , I' , , G 1---, ~ '::) ~ [] , , " VIRGINIA BEACH BLVD. '- .6. J -, ~ r ~ U- , -, - I , U , -, '-, ,~ , r -- , ~ "0-- [J~ , , , , '0' , , , ~~ , , '::., ' , ,-, l_____1 ~, ~------~ (' :S , - , , L r ~ , ~ r-- - - I - -I - - 11'- - - \ I -' , , , ~ , .-= ) ....::-J r= ) - , , , -' , & , -, 0 " r_~.=-"",-",,-..,..-=--=--=-J_ ,-= ) r= ) U -, , , _ _ _ .1 ~ -..J CQ tJ ~ a ~ ...... L'- LOCATION MAP ~,~-~ ~~ ~ ~ SHOWI NG ( , ~~ [~ ENCROACHMENT REQUESTED BY GREAT ATlANTIC MANAGEMENT, L.L.C. INTO CITY RIGHT-OF-WAY J ~ VIRGINIA BEACH BOULEVARD AN D LUMBUS ST. ",-" SECOND STREET SCALE: 1" = 200' - . .p~' ':' '( ',{ ,.', I ~ , -' , I , I , I I , , , , I '5=- , , , , I \ \ \ - ,- s , , , , 1= ~- (( -, " I u-- , '- PREPARED BY PM: ENG. CAOD DEPT. OCTOBER 2003 '0_- "'_~_I__ ~~ - :::J ~12'-a' 1'-6" ; 6'-3" 1'-11%" 2'-3)4" 6" ro "" - X '" q a. ~ ~ lD :0 :J m ..... 0 =<; !; O' :0 m III g ..... O' :J \1-<::::"'" >:S::'\l':::: n>>~'l::;:': "\I-<:::=-- ",o. -l mmN ~~~~ ~~~~~~ mmN :s: x. 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O;Z::~~ '" '" :] z . Gl II ~~~J5g~~~'!!I~lJr~ 757.426.9164{p) D 75-7.426.7194(f) 0 \onk:dqn&Oawl.com IIreatAUanuc - Pembroke Towen Comm#: 20221 8 Date: 07/01102 5K 02 RevJBlon: - 06/19/02 =Pl'dghtax>2 ----,----- - 28- Item V-I.3.c. ORDINANCESIRESOLUTION ITEM # 52613 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into a portion of the City's right-of-way by FOXFIRE SUBDIVISION re construction and maintenance of fences at Esplandade Drive and the terminus of the right-of-way (twenty-three (23) adjacent residents) (DISTRICT 7 - PRINCESS ANNE) (1) Travis and Tonya Klein (2) Robert J. and Linda K. Walsh (3) Michael B. and Shannon M. Golden (4) James David and Ann B. Wright (5) Michael A. and Shelly L. German (6) Zachary J. Myers (7) Diana E. Vazquez (8) Clarence L. and Barbara A. Garvin, Jr. (9) Richard A. and Debra A. Mills (10) Mark A. and Tracy M. Clemente (11) Kevin M. and Deborah A. Kennedy (12) Kim and Sharon L. Krewson (13) Edward T and Margaret M. Rucka, Jr. (14) David W. and Kathleen A. Brownell (15) Beth V Post (16) Frank S. and Lynda H Gillikin, Jr. (17) Harvey L. Snyder, Jr. (18) Henry H and Laurie Z. Johnson, II (19) Richard Crews (20) James K. and Deborah C. Edwards (21) Mary A. and Charles A. Kline (22) Robert D. and Jennifer Jeffers (23) William T and Cynthia D. Calhoun The following conditions shall be required: 2720 Renaissance Way 2745 Orleans Way 2749 Orleans Way 2741 Orleans Way 2737 Orleans Way 2733 Orleans Way 2725 Orleans Way 2717 Orleans Way 2713 Orleans Way 2709 Orleans Way 2705 Orleans Way 2701 Orleans Way 2744 Renaissance Way 2748 Renaissance Way 2752 Renaissance Way 2756 Renaissance Way 2760 Renaissance Way 2700 Renaissance Way 2704 Renaissance Way 2708 Renaissance Way 2712 Renaissance Way 2724 Renaissance Way 2492 Navarre Way 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location 2. The temporary encroachments shall terminate upon notice by the City to the applicants and, within thirty (30) days after such notice is given, the temporary encroachments must be removed from the encroachment areas by the applicants and the applicants will bear all costs and expenses of such removal. May 25, 2004 Item V-L3.c. - 29- ORDINANCES/RESOLUTION ITEM # 52613 (Continued) 3. The applicants shall indemnify and hold harmless the City, its agents and employees from and against all claims. damages. losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend any action arising out of the location or existence of these temporary encroachments. 4. The applicants agree to maintain the temporary encroachments so as not to become unsightly or a hazard 5. The applicants must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment areas. 6. The applicants shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicants must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500.000), combined single limits of such insurance policy or policies. The applicants must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicants assume all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. 7. The City. upon revocation of such authority and permission so granted, may remove the temporary encroachments and charge the cost thereof to the applicants and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicants to remove such temporary encroachments; and, pending such removal, the City may charge the applicants for the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicants; and ifsuch removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. May 25, 2004 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE TEMPORARY 3 ENCROACHMENTS INTO A PORTION OF THE 4 66' RIGHT OF WAY IN FOXFIRE BY THE 5 TWENTY-THREE (23) ADJACENT OWNERS 6 AND THEIR ASSIGNS AND SUCCESSORS IN 7 TITLE 8 WHEREAS, the City owns a 66'- wide right-of-way, formerly 9 used as a railroad right-of-way (the ftRight-of-WayH), located in 10 the Foxfire residential subdivision in the City of Virginia Beach; 11 WHEREAS, twenty-three (23) adjacent owners desire to 12 construct and maintain fences in the Right-of-Way between 13 Esplandade Drive and the terminus of the Right-of-Way; 14 WHEREAS, City Council is authorized pursuant to SS 15.2- 15 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 16 authorize temporary encroachments in the Right-of-Way subject to 17 such terms and conditions as Council may prescribe. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof 21 contained in ss 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 22 amended, the twenty-three (23) owners and their assigns and 23 successors in title are each authorized to construct and maintain 24 a temporary encroachment for a fence in the Right-of-Way as shown 25 on the map entitled: "LOCATION MAP SHOWING ENCROACHMENT REQUESTED 26 BY TWENTY-THREE (23) OWNERS AT FOXFIRE", a copy of which is on file 27 in the Department of Public Works and to which reference is made 28 for a more particular description; and 29 BE IT FURTHER ORDAINED that the temporary encroachments 30 are expressly subj ect to those terms, conditions and criteria 31 contained in the Agreements between the City of Virginia Beach and 32 each of the twenty-three (23) owners (the "Agreements"), which are 33 attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED that the City Manager or his 35 authorized designee is hereby authorized to execute the Agreements. 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be 37 in effect until such time as the twenty-three (23) owners and the 38 City Manager or his authorized designee execute the Agreements. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the 25 clay of May , 2004. 41 42 43 44 45 46 47 48 49 50 51 CA-#9079 gsalmons/foxfire/ord. R-l PREPARED:02.02.04 ROVED AS TO CONTENTS ,., '-, t('" , ..l. oJ /l l- SIGNATURE Pw REd afdr DEPARTMENT APPROVED SUFFICI TO LEGAL AND FORM ~ CITY ATTO Y 2 PA'''' 66' CITY OF V A. BEACH RIGHT- OF-WAY NOTE: 66' CITY OF V A. BEACH RIGHT- OF-WAY SCALE: 1" = 200' FOXFIRE.DGN M.I.S. PREPARED BY P;W ENG. CADD DEPT. FEB 2004 PREPARED BY VIRGINIA BEACH CI1Y A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUlHORlZED UNDER SEC110N 25-249 -A THIS AGREEMENT, made this / (7 day of'SJ~(..Y' ,20 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TRAVIS KLEIN and TONY A KLEIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 268 . SECTION 3 . FOXFIRE" and being further designated and described as 2720 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-0819; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporitry Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-0819 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 267 and 268 as shown on the plat of the Subdivision of Foxfire Section Three, Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 267 and 268 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 440 29' 54" E 80.00' to a point marked by an iron pin, thence S 450 30' 06" W 33.00' to a point; thence N 44029' 54" W 80.00' to the point of beginning 2 containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any ofthe insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Keith W, and Audrey J. Holmes, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager! Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk '~~{/UJJ~~ Zfi,c:_- Travis Klein ~~) VltJt1u,.L Tayna Klein -C""'r V\-l.\: \ 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1 0 day of ~l , 200;;?byQ,\Li p.t: .:)()tvc.6 , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. ~~~~i..O Notary Publi My Commission Expires: b i '30 \ 00 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 STATE OF V\r~\ t.Xf) CITY/COUNTY .ll.QLBtJ)Gl-L, to-wit: The foregoing instrument was acknowledged before me this i 0 day of .b2t>' , 20C> ~ by Travis and Tayna Klein. ~c ~V'w '~~;p~ c My Commission Expires: G:::>l'2,O\00.., APPROVED AS TO LEGAL SUFFICIENCY o APPROVED AS TO CONTENT ~ (' "" "lrrrf;(f 'O}W)SCl,\ Y REAL ESTATE AGENT GV. CITY AT ORNEY 7 II PREPARED BY VIRGINIA BEACH CI1Y ATTORNEY'S OFFICE EXEMPlED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTIlORIZED UNDER SECTION 25-249 -rA THIS AGREEMENT, made this,6 day of /nA f!.c-h _,2~,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT J. WALSH AND LINDA K, WALSH,husbandandwife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 200 . SECTION 2 . FOXFIRE" and being further designated and described as 2745 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-5642; [, I That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-5642 il .1 il i Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 199 and 200 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095- 2099. Thence extending the lot line between lots 199 and 200 S 180 08' 54" W 37,15' to a point marked by an iron pin; thence N 440 29' 54" W 146,22' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point; thence S 440 29' 54" E 129.14' to the point of beginning contained 4,543.4 sq. ft. 2 I , I I i :1 I It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee, It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3 II II i I i I It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereofto the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may 4 II Ii I Ii Ii ,I il I collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Robert J. and Linda K. Walsh, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: f IJ/ ^) 7:1/ . r ,c-{f /1.../ ';t~ Robert J.t};alsh J ~t'~ j{lvd1.AL- Linda K. Walsh The foregoing instrument was acknowledged before me this ,20_, by DESIGNEE OF THE CITY MANAGER. day of ,CITY MANAGER/AUTHORIZED My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Notary Public The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 6 I. ii I I d 11 i STATE OF v.~/.i. CITY/COUNTY OF V~~J!?"A,L , to-wit: The foregoing instrument was acknowledged before me this {.#J( day of ~~ ,200, by ROBERT J. WALSH. ~~ My Commission Expires: My Commission Expires November 30, 2006 STATEOF ~~ CITY/COUNTY OF 1/7<"/"" g~I_L , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~ , 20~, by LINDA K. WALSH, f!t/~ Notary PublIc My Commission Expires: My Commission expires i\lovamber 30, 2006 APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT ~miA C. O\:itOS{}\ Y REAL ESTATE AGENT ) W 7 CITY ATTO 7 PREPARED BY VlRGINL\ BEACH CITY ATTORNEY'SOFHCE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1"811(&)(3) AND 58.1-811(;;)(4) RER-.IDlJRSCMI:NT AUTHORIZED UNDER SECTION 25-249 ~. THIS AGREEMENT, made this .2/ day of 1+'?f-1 I , 20~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MICHAEL B, GOLDEN AND SHANNON M. GOLDEN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one, WIT N E SSE T H: That, WHEREAS, the Grantee is the owner ofthat certain lot, tract, or parcel of land designated and described as "LOT 199. SECTION 2 . FOXFIRE" and being further designated and described as 2749 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-6539; That, WHEREAS, it is proposed by the Grantee to construct and maintain a WHEREAS, in constructing and maintaining the Temporary Encroachment, fence, "Temporary Encroachment", in the City of Virginia Beach; and it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-6539 II ., , I I I , I I, I Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 199 and 200 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095- 2099 thence S 440 29' 54" E 77.48' to a point; thence S 390 51' 38" W 33.16' to a point marked by an iron pin; thence N 440 29' 54" W 63.68' to a point marked by an iron pin; thence N 18008' 54"E37.l5' along the extension of the line dividing lots 199 and 200 to the point of beginning. 2 !I ;1 ,\ II I i I containing 2,481.2 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemniJy and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, 3 II It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services CenterfPlanning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or I" state taxes, I I IN WITNESS WHEREOF, Michael B. and Shannon M. Golden, the said I Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk / "-...,....~.,,' .. i/ ,.11 / i ... "-~,/ : .., / / f . , h.h~,'tth?_. ~ Sharmon M. Golden 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: I II , ! 6 'I I , .1 :1 STATE OF \j ~(~ rllil \) f\. CITY/COUNTY F Vl~nlo1SPQ(,'Y\ ,to-wit: I.. Th, f=,omg ;'''."'''~t w.. ,elmow],d,,,, b,fure m, tbi' aW: day of --:zw (I \ ,20m., by MICHAEL B, GOLDEN. I I II ! l~~~ c iWlJ,~ otary Public \ '6) ;;vOlp My Commission Expires: \jltv~LLltr ~ l STAmOF\li~~ CITY/COUNTY F l ' . '\, to-wit: The foregoing instrument was acknowledged before me this J.ki.- day of Y~I'W ; \ '\ , 20..Q3,., by SHANNON M. GOLDEN. OJl\~D~Q ,):Jaill] ti;A N ary Public My Commission EXPires:~QV\J..LLt(tJ 311 dOO<O APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT /. ~ '-<.)~ - CITY AfTORNE . 7 'j I, " PREPARED BY VIRGINIA BEACH CITY ATIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AU1HORIZED UNDER SECTION 25-249 f/, THIS AGREEMENT, made this ~ day of 1Y71ly- ,20e>3 ,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JAMES DAVID WRIGHT AND ANN B, WRIGHT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 201 . SECTION 2 . FOXFIRE" and being further designated and described as 2741 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-4689; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 Apri11985 and recorded in the Clerk's GPIN 2403-47-4689 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on II June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area, NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 200 and 201 as shown on the plat of the Subdivision ofFoxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095-2099. Thence extending the lot line between lots 200 and 201 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 440 29' 54" W 80.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point; thence S 440 29' 54" E 80.00' to a point of beginning 2 containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, 3 'I ii It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services CenterlPlanning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment I II , I i I : , and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James David and Ann B, Wright, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee ofthe City Manager (SEAL) ATTEST: City Clerk ~~J fAA fA- -~ ---~~~~ J es David Wright eLl-- ... ,lA)fL~ Ann B. Wright . 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 ~. . STATE OF 11'\\ CITY/CO ?bFl<~'l\\~?x:o.Lh_, to-wit: The foregoing instrument was acknowledged before me this \. ~ day of \~~ ,2005 by JAMES DAVID WRIGHT. ~IQ J1o. ~\)~ lUi'J) Notary Public My Commission Expires: ~u.::;L 31 \ a0Q3 ~~/~g~~:~i~iQ ~l~wil The foregoing instrument was acknowledged before me this \.Jl..~ay of ~ ,20~by ANN B. WRIGHT. ~~\;bi~ ~ My Commission Expires: ~-'t '3\, 'd,003 APPROVED AS TO LEGAL SUFFICI' Y ". APPROVED AS TO CONTENT ~~~AL~S~~t~~~(IENT 7 II il II 'I I PREPARED BY VlRG1NlA BEACH CI1Y A ITORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AU1HORIZED UNDER SECll0N 25-249 THIS AGREEMENT, made this ~ day of m Ify & ,20~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MICHAEL A. GERMAN AND SHELLY L. GERMAN, husband and wife THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 202 . SECTION 2 . FOXFIRE" and being further designated and described as 2737 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-4725; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-4725 Ii I Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on II June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area, NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 201 and 202 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095- 2099 thence extending the lot line between lots 201 and 202 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 440 29' 54" W 80.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point; thence S 440 29' 54" E 80.00' to the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by I II anyone other than the Grantee. II' It is further expressly understood and agreed that the Grantee agrees to I maintain the Temporary Encroachment so as not to become unsightly or a hazard, , I 3 II ~ ~ j ~ 1 ;;'j II ~ '! l ~ II It is further expressly understood and agreed that the Grantee must obtain a 1 i: i I permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 II J ~ 1: ii II I I a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day :1 that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Michael A. and Shelly L. German, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk II I ij !l II I 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~ Mi hael A. German , 'J I [' ,~' ,J'&~k;{'(~4r1a-z ) Shelly erman The foregoing instrument was acknowledged before me this ,20_, by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED My Commission Expires: I II I, I 1 ! I i Ii II 1,1 'I II I i Notary Public 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE~ CITY/CO F ~il'\$l&~r~, ' to-wit The foregoing instrument was acknowledged before me this 5L day of \ ~CUC , 20:03, by MICHAEL A. GERMAN. , ( \ L I)) )(1. \\''""_0 ~ ~ o/2l ~ Not~ My Commission Expires: ~ ~I \a.OcB 7 STATE ~r.\.o. CITY/C OF j3\f\io. Dnrt-, to-wit: The foregoing instrument was acknowledged before me this ~;\..i.-day of \j),Q~ , 20.Q3by SHELLY L. GERMAN. . . Cl-$l~ otary p~~c ')} My Commission Expires: ~ 31 ,d-D03 APPROVED AS TO LEGAL SUFFICI CY APPROVED AS TO CONTENT C~~~ ~S~~:~(JENT I I L 'I II Ii " " .ll d I.. ';1 8 . PREPARED BY VIRGINIA BEACH CI1Y A TIORNEY'S OFFICE EXEMPlED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-81 l(c)(4) REIMBURSEMENT AUlliORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this .2~ day of 1:" (y , , 2OS;,L, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ZACHARY J. MYERS, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 203 . SECTION 2 . FOXFlRE" and being further designated and described as 2733 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-3871; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-47-3871 , I II at Page ] 540 on ]] June ] 985 and to which reference is made for a more particular ., Iii description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area, NOW, THEREFORE, for and in consideration of the premises and ofthe benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Ternporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 202 and 203 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the C]erk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099. Thence extending the lot line between lots 202 and 203 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 440 29' 54" W 90.00' to a point marked by an iron pin; thence N 450 30' 06" E 43.00' to a point; thence along a curve to the right having a radius of 20.00' an arc distance of 3] .42'; thence S 440 29' 54" E 70.00' to a point of beginning containing 2,640 square feet. 2 f i ~ i i It is further expressly understood and agreed that the Temporary Ii II Encroachment herein authorized terminates upon notice by the City to the Grantee, and i I that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services CenterlPlanning Department prior to commencing any construction within The Encroachment Area. 3 I Ii I It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes, IN WITNESS WHEREOF, Zachary 1. Myers, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ~ 5 II I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 ~ STATE OF CITY IC)Jtj1'fTY 0 ().. . cJl.. , to-wit: ( The foregoing instrument was acknowledged before me this ;l.~day of \" 6~ ' 20.Q3 by Zachary J. Myers. ~ -- C)o.~~~ ~ary PublIc My Commission Expires: ~ ~I, 3.D03 APPROVED AS TO LEGAL SUFFICIENCY ~2 CITY ATTORNEY -- '7 APPROVED AS TO CONTENT ~ " mEY C. C:Yi<<19., ' Y REAL ESTATE AGENT 7 PREPARED BY VIRGINIA BEACH CIlY A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(0)(3) AND 58.1-811(c)(4) REIMBURSEMENT AU1HORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 2/ lIday of tiff; L , 20~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DIANA E. V AZOUEZ, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 204 . SECTION 2 . FOXFIRE" and being further designated and described as 2725 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-2971; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-47-2971 11 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 204 and 205 as shown on the plat of the Subdivision of Foxfire Section Two, Said plat is recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099. Thence S 440 29' 54" E 70.00' to point; thence along a curve to the left of radius 20.00' arc length 31.42' to a point on the northern limits of Navarre Way 50' right of way; thence S 450 30' 06" W 53.00' along the northern limits of Navarre Way to a point marked by an iron pin; thence N 440 29' 54" W 90.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to the point of beginning containing 2,991 square feet. 2 Ii It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Ii II II I I ! I ! Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the i. II II II d ! II .' Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 1: 'I 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day :, , i il II II !1 jl that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Diana E, Vazquez, the said Grantee has caused this Agreement to be executed by her signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. ! I I , I, II II i! (SEAL) I ATTEST: I , I City Clerk I I II 11 Ii ,I II Ii i1 " j] II 11 " il CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager ~Q,.c\J Diana E. Vazquez ~~ i! ~ '. 5 q I ! I j STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , , I I I day of i I , CITY MANAGER/AUTHORIZED ! The foregoing instrument was acknowledged before me this ,20_, by DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. I I I I I My Commission Expires: I Ii II II j! II :) II I II II ii I: II !i Notary Public I I \ I I I i , 6 I II I, il II II II II i ~ I STATE OF \('~\~~' } ! CITY/COUNTY (. nlCl:rmr , , to-wit: i ~The foregoing instrument was acknowledged before me this M day of I . I I , 20lli., by DIANA E. VAZQUEZ. I a~oo (lJJill~,L~_ I tary Public My Commission Expires: 0tt\\..LW ~ 3l \ 'dOt)~ APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT ~lTnffY C Ct'W1)S ("" C YREALESTATEAGENT . II :1 II II !i Ii ; j , II 7 I' ,I I, " I II PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEMPTED FROM RECORDAnON TAXES UNDER SECnONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECnON 25-249 THIS AGREEMENT, made this o;-d.. day of S~A. t.e.f- ,20_ ~3, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CLARENCE L. GARVIN. JR. AND BARBARA A. GARVIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 206 . SECTION 2 . FOXFIRE" and being further designated and described as 2717 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-48-1053; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-48-1053 " " Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area, NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 205 and 206 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095- 2099 thence extending the lot line between lots 205 and 206 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 440 29' 54" W &0.00' to a point marked by an iron pin; thence N 450 30' 06" E 33,00' to a point; thence S 440 29' 54" E 80.00' to the point of beginning containing 2,640 square feet. I i 'l :1 " " 2 " " It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must , be removed from The Encroachment Area by the Grantee; and that the Grantee will bear ; , I I , I \ I I I 1 I I I I II I I' I I I II II i I . I I all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 ii It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services CenterlPlanning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 II " :i Ii I a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Clarence L., Jr. and Barbara A. Garvin, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk /") / . / /1 ./;.(! /1 / . ../ //'"/ .' ,/ '. .:/'j/' / /"//':>.>. ,./ /.-' / /./ " A Y "!/', .1 " , __ ' (.~/.'l~" ~,x~; v?~. Clarence L. Garvin, Jr. , (/' ~. / i, .. !jdif';tkl It. J:kt:!'~J?, Barbara A. Garvin . 5 II 'I I: I' ,I ,I Ii I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER, ,CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. ,I Notary Public My Commission Expires: 6 STATE OF 7Jj'li.?(jfJj n CITY/COUNTY F hlmJiJlV'Yln/lli, to-wit: The foregoing instrument was acknowledged before me this 9 day of (A~f-t;fY{/""'J.) , 20&.1, by CLARENCE L GARVIN, JR, My Commission Expires: 'fln/. ~~I ,UJDl., (}lIh~rt l) ~Jr_-f fl n}2- N ary Public STATE OF 7{;'f1?jIYII (1) CITY/COUNTY F'v?!li)l/mnGunI'Rv, to-wit: The foregoing instrument was acknowledged before me this 9 day of ~Q[)1i~;;A J ,20M, by BARBARA A, GARVIN. I My Commission Expires: Yl.nJ:/j{)) dOofu APPROVED AS TO LEGAL SUF~~CIs:2.:, . 0~ru-, ~ ~ == CITY AT ORNEY '~-~___ ~lIhJt.:;() ~:h en~ No Public I APPROVED AS TO CONTENT ~lIY'tfh . C. CY.tWS4\ Y REAL ESTATE AGENT 7 Ii I' :1 II PREPARED BY VIRGINIA BEACH CI1Y A l1DRNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AU1HORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this .,:/-r4dayof ::1;;,('( ,206,3 ,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and RICHARD A. MILLS AND DEBRA A. MILLS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 207 . SECTION 2 . FOXFlRE" and being further designated and described as 2713 Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-48-1009; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-48-1009 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area" and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and ofthe benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 206 and 207 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2708 at pages 2095 - 2099 thence extending the lot line between lots 206 and 207 S 450 30' 06" W 33.00' to a point marked by an iron point; thence N 440 29' 54" W 80.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point; thence S 44029' 54" E80,OO' to the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, 3 !! It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area, I It is further expressly understood and agreed that the Grantee must obtain and I keep in force all-risk property insurance and general liability or such insurance as is I deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies, The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment !ind charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Richard A. and Debra A. Mills, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed, Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH II I I By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ~~i~ A.~ ;(' Aft; Debra A. Mills 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , CITY MANAGER/AUTHORIZED ,20_, by I DESIGNEE OF THE CITY MANAGER. i I I I I Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 STATE OF l/;~';..,;~ CITY/COUNTY OF (/;~ ~ , to-wit: The foregoing instrument was acknowledged before me this -I ~ day of -:::r 1- ' 20~, by RICHARD A. MILLS. My Commission Expires: STATE OF v:~ CITY/COUN~ :. ~ 0t"'AOOJ.144-- Notary Public fJttt am~ ~ 5/31/1)7 , to-wit: The foregoing instrument was acknowledged before me this ~ day of :::f..L.- f , 20!?.3, by DEBRA A. MILLS. My Commission Expires: ((!J hl...Q,O uW , Notary Pu lie ~Um~~ 5/3/107 APPROVED AS TO LEGAL SUFFICIENCY c ~) Cu~wv . CITY A ORNEY APPROVED AS TO CONTENT q~. , (l .;y; 1 ;" . Lfn)ffV ,.. '-' \US fJ\. thy REAL EST ATE AGENT ..., 7 II II ! i I I I I ! I !I II 'I II I PREPARED BY VIRGINIA BEACH CIlY A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AU1HORIZED UNDER SECI10N 25-249 p-- THIS AGREEMENT, made this ;! /" day of f-i 'l!-, I , 20 03' , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARK A. CLEMENTE AND TRACY M. CLEMENTE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one, WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 208 . SECTION 2 . FOXFIRE" and being further designated and described as 2709 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-48-0145; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part ofthe same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-48-0145 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the : : i benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the ;: City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus ofthe line dividing lots 207 and 208 as shown on the plat of the Subdivision of Foxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099 thence extending the lot line between lots 207 and 208 S 450 30' 06" W 33.00' to a point marked by an iron pin thence N 440 29' 54" W 80.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point thence S440 29' 54" E 80,00' to a the point of beginning 2 containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee, It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional I I I I I I I I I I I I ! i named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Mark A. and Tracy M. Clemente, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH II I By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk I\V~~L ({, C ~JJ Mark A. Clemente "1'( < ... jl l 'i "." .' Ce :.({ ":'( /f(", r.;:'-,':": TracyiW. Clemente 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. ,CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, Notary Public My Commission Expires: 6 l1 STATE OF \L't\iq- . .]; fl CITY/COUNTY F \~W'\JtI- EtlcY' , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~("I\ , 201R., by MARK A. CLEMENTE. ~~(1Jj~U~) My Commission Expires: 0Q'i\UQ(~ 3/ J dO 0 lfJ STATEOFv'l~l'\l~ 1)~ ~ CITY/COUNTY F i ('~V\; tI CtiJu , to-wit: The foregoing instrument was acknowledged before me this M day of ~f'l\ , 2a)i, by TRACY M. CLEMENTE. r1R~/)J aftll1~ N ary Public My Commission Expires:~l'u..Llt( tj :5 II ;:;toD (P APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT ~~~~'~~il~GENT 6/~<'7 CITY TTORNEY 7 II I , PREPARED BY VIRGINIA BEACH CI1Y A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AU1HORIZED UNDER SECTION 25-249 ,-y-- THIS AGREEMENT, made this ,)./ day of {fl/-, L ,20 .0.3 ,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and KEVIN M. KENNEDY AND DEBORAH A. KENNEDY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one, WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 209 . SECTION 2 . FOXFIRE" and being further designated and described as 2705 Orleans Way, Virginia Beach, Virginia 23456 and GPIN 2403-38-9290; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-38-9290 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and ofthe benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 208 and 209 as shown on the plat of the Subdivision of Foxfire Section Two, Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099 thence extending the lot line between lots 208 and -209 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 440 29' 54" W 80.00' to a point marked by an iron pin; thence N 450 30' 06" E 33.00' to a point; thence S 440 29' 54" E 80.00' to a the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area, 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereofto the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such Ii 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Kevin M. and Deborah A. Kennedy, the said ; ]1 ii Grantee has caused this Agreement to be executed by their signature and seal duly affixed, I I: ,; II Ii II !i I Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH I ,I By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ~rl~ (n. ~A-"f' Kevin M. Kennedy Ai",,j,O. ~~ Deborah A. Kennedy ( 5 !( STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED I II I My Commission Expires: 1 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. I II \i .1 My Commission Expires: Notary Public 6 II STATE OFV\~I\i~ ~ CITY/COUNTY F If&v\JO- ]p , to-wit: The foregoing instrument was acknowledged before me this JJSi day of ~;I , 20lB., by KEVIN M. KENNEDY. ~#~i~~ My Commission Expires: 0Q'fI I..(Jii" ~ 3\) ,;;<m;i I I I STATE OF \L'('~\~a v h CITY/COUNTY \('~\v\\Il.J>ea.r / , to-wit: The foregoing instrument was acknowledged before me this JJ.SL day of ~("I \ , 2013., by DEBORAH A. KENNEDY, O~)J~1tJ ;4 Public My commissionEXPires:~u...Q(~3\\ ().DDJrc APPROVED AS TO LEGAL SUFFICIENCY W~ APPROVED AS TO CONTENT CiIf:muj/ C.~U~V^. TY REAL ES ATE AGENT 7 II Ii I II " PREPARED BY VIRGINIA BEACH CI1Y A ITORNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUlHORIZED UNDER SECTION 25-249 ~ THIS AGREEMENT, made this If day of ((7#9 { .' 2033-, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and KIM KREWSON AND SHARON L. KREWSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 210 . SECTION 2 . FOXFIRE" and being further designated and described as 270 I Orleans Way, Virginia Beach, Virginia 23456; and GPIN 2403-38-9236; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-38-9236 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the southern terminus of the line dividing lots 209 and 210 as shown on the plat of the Subdivision of F oxfire Section Two. Said plat is recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia in Deed Book 2708 at pages 2095- 2099. Thence extending the lot line between lots 209 and 210 S 450 30' 06" W 33.00' to a point marked by an iron pin; thence N 44029' 54" W 90,00' to a point marked by an iron pin; thence N 450 30' 06" E 53.00' to a point; thence along a curve to the left having a radius of 20' an arc distance 31.42' to a pin; thence S 440 29' 54" E 70.00' to a point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 II I, , i a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Kim and Sharon L. Krewson, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH I' By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk :r;c~ !~.tH.VZ/ Kim Krewson 0t.L"Ju77? ;;r -)~GjAj<J 'J)- Sharon L. Krewson . 5 Ii STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of .20--, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 STATE OF V/I2G/,()/,f CITY/COUNTY OF lJlrzG/M4 (>Ck'/f-, to-wit: The foregoing instrument was acknowledged before me this /5-- day of yy?,4V ! , 20B, by KIM KREWSON, CX:~I-~ 1( /L, " Notary Public ~ .-- My Commission Expires: 'J- ~., C).$ STATE OF U/!2(7/AJI4- CITY/COUNTY OF t/IIY';'(A,v1 [2,t?Adll, to-wit: The foregoing instrument was acknowledged before me this I> day of 1111Y , ! , 200,,), by SHARON L. KREWSON (1/,# :-::> ~~~, t;, , Notary Public j, My Commission Expires: 9- 3t/ . t:' >~ APPROVED AS TO LEGAL SUFFICIENCY UJ~9 ( CITY A TT RNEY APPROVED AS TO CONTENT ~1J[(:r (', rX'll.\k, Y REAL ESTATE AGENT 7 , , I I' !! II I I I I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUlHORIZED UNDER SECTION 25-249 . 1{ THIS AGREEMENT, made this 7 day of IYIPv I ,20~,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and EDWARD T. RUCKA. JR. AND MARGARET M, SULLIV AN- RUCKA. husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 229 . SECTION 3 . FOXFIRE" and being further designated and described as 2744 Renaissance Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-2638; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-2638 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on ] 1 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particu]arly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 229 and 230 as shown on the plat of the Subdivision ofFoxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321. Thence N 440 29' 54" W 70.00' to a point; thence along a curve to the left with radius of 20.00' and arc length of 3] .42', to a point said point being on the southern limits of Navarre Way (50' right of way); thence N 450 30' 06" E 53.00' along the southern limits of Navarre Way to a 2 I , I I. II II I point marked by an iron pin; thence S 440 29' 54" E 90,00 to a point marked by an iron pin; thence S 450 30' 06" W 33.00' to a point of beginning containing 2,991 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 II " ., It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any ofthe insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Edward T.Rucka, Jr. and Margaret M. Sullivan- Rucka, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk (~" C'> ~ ~ '--' ~~- ".~ ....,.~" Edward T. Rucka, Jr. ) /'/) -'~~ et M, Sullivan-Rucka 5 ~.'..------T"". II " , l' i I I ! i; , I ! i I I I I I ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this '1 day of f'v\ Ct '-0 ,2003, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 I i i I I II II I' II II 11 I I I I I , ST ATE OF ~ ~--..<::J.- CITY /COUNTY _ ~I....\L,", ,to-wit: The foregoing instrument was acknowledged before me this \. ~"- day of ~'-O-'-.J~ ' 200;;'by EDWARD T. RUCKA, JR. . \ ~~<<- Notary Public My Commission Expires: My C'.'ffimissi0n Expires October li, 2007 'i L " Ii ii I I STATE OF\j-::',<"~~,-,,-- CITY/COUNTY OF c.. ~,' <~~'-- , to-wit: The foregoing instrument was acknowledged before me this '-~ day of "'(\'0-....,-,,- , 2()();,., by MARGARET M. SULLIV AN-RUCKA. ~.J II Ii Ii III I II II I c~~ Notary Public My Commission Expires: t:-li)3;.:.n L<lj!foi:j JC~~;G';f:\'l. ,""Ji I , I I APPROVED AS TO LEGAL SUFFICIENCY 0~. CITY ATTORNEY -=- APPROVED AS TO CONTENT ~ jfflf,y C (7(UV /;Jv-. ITY REAL ESTATE AGENT 7 -'1'.' PREPARED BY VIRGINIA BEACH CI1Y A TIORNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECnON 25-249 THIS AGREEMENT, made this / r'T4-day of IYJ. fr:< ?-? ,20 <>3 ,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID W. BROWNELL AND KATHLEEN A. BROWNELL, husband and wife, THEIR, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 230 . SECTION 3 . FOXFIRE" and being further designated and described as 2748 Renaissance Way, Virginia Beach, Virginia 23456; and GPIN 2403-47-2682; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in 1he City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from 1he Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-2682 -T Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: I I I I I ! i A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 229 and 230 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office ofthe Circuit Court ofthe City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1325 thence extending the lot line between lots 229 and 230 N 450 30' 06" E 33,00' to a point marked by an iron pin thence S 440 29' 54" E 80,00' to a point marked by an iron pin; thence S 450 30' 06" W 33.00' to a point thence N 440 29' 54" W 80.00' to a the point of beginning 2 I i containing 2,640 square feet. i i I It is further expressly understood and agreed that the Temporary I I Encroachment herein authorized terminates upon notice by the City to the Grantee, and I II ,I that within thirty (30) days after the notice is given, the Temporary Encroachment must iil be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, 3 ,,-----,.-.',---. II I , 1: 1: '" I; i: P I Ii j: I j! ," Ii I: It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies, The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 11 I ! a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or i ! I i il II I I I , ; I i i , ! I I 1 I state taxes. IN WITNESS WHEREOF, David W. Brownell and Kathleen A. Brownell, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of V irginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 0<1 t-J-:(;)/-/ David W. Brownell Ki~ir~Bro!l(hNv~J)- 5 , " II 11 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ! il The foregoing instrument was acknowledged before me this day of ,20_, by , CITY MANAGER/AUTHORIZED ii DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 STATE OF ~'~I'I1" q . CITY/COUNT OF L~'r'l, 1,Ii ap. i. 11 , to-wit: CI The foregoing instrument was acknowledged before me this / Lj t'\ day of /141'(h ,2003, by David W. Brownell. My Commission Expires: }tI,.fv,M) J.,{JI)j.;/ STATE OF ~(("1" CITY/COUNT OF L!""ir,,(, .6r.~~ ,to-wit: U The foregoing instrument was acknowledged before me this / tll~, day of fYJ4rlh ,2003, by Kathleen A. Brownell. My Commission Expires: 3t'7Jldle .J(}IJ~) APPROVED AS TO LEGAL SUFFICI N:CY APPROVED AS TO CONTENT ~~ (',cJ'!iL{}.!;k TY REAL ESTATE AGENT o j: 7 PREPARED BY VIRGINIA BEACH CIIT ATroRNEY'S OFFICE EXEMPlED FROM RECORDA'ITON TAXES UNDER SEC'ITONS 58.1-8II(a)(3) AND 58.1-8II(c)(4) REIMBURSEMENT AU11IORIZED UNDER SEC'ITON 25-249 THIS AGREEMENT, made this 7'11t day of M If Y , 20 "'.3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and BETH V. POST, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 231 . SECTION 3 . FOXFIRE" and being further designated and described as 2752 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-3556; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-3556 II j ~ Ii " I: I: Ii Ii Ii Ii I: Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on II June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. I I' It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: I I ,I Ii Ii 'I II iI " il II 'I I II II d Ii II !I ii \; I A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 230 and 231 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319 - 1321 thence extending the lot line between lots 230 and 231 S 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 44029' 54" E 80.00' to a point marked by an iron pin, thence S 450 30' 06" W 33.00' to a point; thence N 440 29' 54" W 80.00' to the point of beginning containing 2,640 square feet. 2 f"- It is further expressly understood and agreed that the Temporary Encroachment herein authorized tenninates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold hannless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the pennission and authority to pennit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to pennit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable, The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies, The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such I I I I II I compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Brian K. and Beth V. Post, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk g;Jdv;;;2 Beth V. Post 5 ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. ,CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 STATE~)l\i\l.. CITY/C OF SJ5'l\\1l nu~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of \]~I~ , 20.03 by Beth V. Post. ~\Ii' My Commission Expires: Q.u..(j' ~l \ aCO 5 APPROVED AS TO LEGAL s"'z;~r ~ .~~ CITY A TTO EY '--- APPROVED AS TO CONTENT ~ (' Qri . E.. ,WSti- TY REAL ESTATE AGENT 7 II jl I i I I I I , PREPARED BY VIRGINIA BEACH CIlY ATroRNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SEcnON 25-249 THIS AGREEMENT, made this )j ~y of ft ? ft i ,206,3 ,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and FRANK S. GILLIKIN. JR. AND LYNDA H. GILLIKIN. THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one, WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 232 . SECTION 3 . FOXFIRE" and being further designated and described as 2756 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-4520; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-47-4520 -"-"-'"""'T,-~.,~.. II ,;1 Ii Ij I, i) II 1, ., Ii I I II I! I I I at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 231 and 232 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages] 319- 132] thence extending the lot line between lots 23] and 232 N 45030' 06" E 33,00' to a point marked by an iron pin; thence S 440 29' 54" E ]61.72' to a point marked by an iron pin; thence S 760 13' 06" W 38.39' to a point; thence N 440 29' 54" W ]41.94' to the point of beginning containing 5,007.4 square feet. I I I i , 2 r"" It is further expressly understood and agreed that the Temporary I I Encroachment herein authorized terminates upon notice by the City to the Grantee, and II that within thirty (30) days after the notice is given, the Temporary Encroachment must il i I be removed from The Encroachment Area by the Grantee; and that the Grantee will bear !I II all costs and expenses of such removal. I It is further expressly understood and agreed that the Grantee shall indemnify I and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area, 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. i i It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection oflocal or state taxes, IN WITNESS WHEREOF, Frank S. Gillikin, Jr. and Lynda H, Gillikin, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. I, " CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk d//~ Frank S. Gillikin, Jr, /1 ~/(~ r: da H. GIIlIkm " I :1 'I 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. ,CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, Notary Public My Commission Expires: 6 II II II Ii Ii Ii II II II Ii II II <I II i I I I I i I STATE OF V \~I\\~, ~ ~ CITY/COUNT F 1(,~l\iO a. , to-wit: The foregoing instrument was acknowledged before me this ~ day of ,(~f'l\ ,20m, by FRANK S. GILLIKIN, JR. UJf\ L1 C1J~; N~tary Public My Commission Expires:0aV\l.lQ('~ 3\) ~DlQ STATE OF \J'\(~ ~ CITY/COUNTY .Jt~\l\~C\-g~l(._1i\ , to-wit: The foregoing instrument was acknowledged before me this C!;ii day of ~1'-\ \ , 20.Q3, by LYNDA H. GILLIKIN. i !, it I, Ii 0 II ~QJJ~ I ~tary Public My Commission Expires: ~V\.\t..~ ~ 3/1;).Q 0 Y APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT ~I}' (' .~tM19'1\ TY REAL ESTATE AGENT ~ CITY ATTORNEY 7 PREPARED BY VIRGINIA BEACH CI1Y ATIORNEY'S OFFICE EXEMPlED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AU1HORIZED UNDER SECTION 25-249 .f'- THIS AGREEMENT, made this 2/ day of {if?!, L ,200J ,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and HARVEY L. SNYDER JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 233 . SECTION 3 . FOXFIRE" and being further designated and described as 2760 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-4450; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part ofthe same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 24 I 7 2403-47-4450 at Page 1540 on 11 June 1985, and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: i I I II I ! , I ! A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 232 and 233 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lot 232 and 233 N 760 13' 06" E 38.39' to a point marked by an iron pin; thence S 440 29' 54" E 48.35' to a point marked by an iron pin; thence S 390 51' 38" W 33.16' to a point; thence N 440 29' 54" W 71.21' to the point of beginning containing 1,977.5 square feet. 2 1 ~ It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3' 'I " It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to II the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation I I' I I I I Ii of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Harvey 1. Snyder, Jr., the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: ,I I i i , I ! I I City Clerk ~ ~::? ". ~ ." Harvey 1. Sn er, Jr, ~ 5 II ~I ! STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , CITY MANAGER/AUTHORIZED ,20_, by DESIGNEE OF THE CITY MANAGER, Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. I I I My Commission Expires: II II !I " ., Notary Public '!j ;l r , , ! 6 T' !I ., " " STATE OF V l(~\\l~ -p~ rL CITY/COUNTY F l~ll\;a~), to-wit: The foregoing instrument was acknowledged before me this ~ day of I' ,I I, I I I I I Apr:l ,2003, by HARVEY L. SNYDER, JR. Qli'z2~ 0 )Jll~d "~ No Public My Commission Expires: ~Q~\.lQf~ 3\ ) ~cDtp I II , I II II j' I , APPROVED AS TO CONTENT ~~~ ~S~;~~ENT . -,..-.---- 7 !I I I PREPARED BY VIRGINIA BEACH CIlY ATTORNEY'S OFFICE EXEMPlED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(aX3) AND 58.1-811(c)(4) REj}"ffiURSEMENT AUlHORIZED UNDER SECTION 25-249 .fr- THIS AGREEMENT, made this .t I day of IV?!' J-. , 20 0.3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and HENRY H. JOHNSON. II AND LAURIE Z. JOHNSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 264 . SECTION 3 . FOXFIRE" and being further designated and described as 2700 RENAISSANCE WAY, Virginia Beach, Virginia 23456; and GPIN 2403-38-7193; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-38-7193 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 264 and 265 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319 - 1321 thence extending the lot line between lots 264 and 265 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence N 440 29' 54" W 90.00' to a point marked by an iron pin on the southern limits of Esplanade Drive (50' right-of-way); thence S 45030' 06" W 53.00' along the southern 2 II I' limits of Esplanade Drive to a point; thence along a curve to the right with a radius of20.00' and arc length of31.42' chord S 890 29' 54" E 28.28' to a point; thence S 44029' 54" E 70.00' to the point of beginning containing 2,991 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 II I I i I It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies, The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Henry H. II and Laurie Z. Johnson, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed, Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager! Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ~~.~ Henry H. JOh~on, n . I II I I I I I I li '~" \ L\ t1. . k t'v,\::;m Laurie Z. Johns n ' 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER, ,CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. I Ii I My Commission Expires: I I I i Notary Public 6 ---~>-~.,.__....." ..,-.-- STATE OF \J;ii~ ~ ~ CITY/COUNTY '1'~i\ICl (" , to-wit: The foregoing instrument was acknowledged before me this ll1:5i- day of .Avr;\ , 2oI~, by Henry H. Johnson, II. O~C41:~~,;J) My Commissio~ EXPire~I\Ull.r~ 31 \dCOI.p STATEOF JL(,.gJ~ a t> ~ CITY/COUNTY k~nj qJ)m" l) , to-wit: The foregoing instrument was acknowledged before me this dl5t. day of I . I ~;X.lPf'1 I ,20m.., by Laurie Z. Johnson. ~Jl~a;J;~ My Commission Expire~i\..UQ {~ '31 \ ~D[)1.t APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT ~~~ ~~~1~~~dENT , , I I Ii 7 II II 'i PREPARED BY VIRGINIA BEACH CIlY ATroRNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81I(a)(3) AND 58.1-81I(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 ~r THIS AGREEMENT, made this 2! day of Ii?r /- , 20 a.3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and RICHARD CREWS, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 265 . SECTION 3 . FOXFIRE" and being further designated and described as 2704 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-38-8056; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-38-8056 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 264 and 265 as shown on the plat of the Subdivision of F oxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 132] thence extending the lot line between lots 264 and 265 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 440 29' 54" E 80.00' to a point marked by an iron pin, thence S 450 30' 06" W 33.00' to a point; thence N 440 29' 54" W 80.00' to the point of beginning containing 2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 - T It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 ... -~-.-- -. --r--- a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Richard Crews, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ( Rich 5 1 If I_~~ -,.,~---- ..,--- , II 11 II I: , Ii Ii I I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. ,CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 --_..-.._." T II :j " 11 ; ~ i Ii I I II II I I STATEOF01~ni~ . CITY/COUNT F '11'\0 ~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~'I\ , 201.E, by RICHARD CREWS. a~(1 (l J\dU.id tary Public My Commission Expires:~'V\llQ( ~ 31 \;:)ffiy:> APPROVED AS TO LEGAL SUFFICIENCY ~').,-,(~ ~ CITY ATTORNE ' APPROVED AS TO CONTENT ~~~ ~~~~~~(iENT 7 PREPARED BY VIRGINIA BEACH CITY ATIORNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(8)(3) AND 58.1-811(c)(4) REIMBURSEMENT AU1HORlZED UNDER SECII0N 25-249 .TF THIS AGREEMENT, made this :z / day of 1+11, L , 20 .DJ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JAMES K, EDW ARDSAND DEBORAH C. EDWARDS. husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 266 . SECTION 3 . FOXFIRE" and being further designated and described as 2708 Renaissance Way, Virginia Beach, Virginia 23456; and GPIN 2403-38-9001; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-38-9001 Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel ofland, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 265 and 266 as shown on the plat of the Subdivision of Foxfire Section Three, Said plat is recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 265 and 266 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 440 29' 54" E 80.00' to a point marked by an iron pin; thence S 450 30' 06" W 33.00' to a point; thence N 440 29' 54" W 80.00' to the point of beginning 2 I I :1 i iI II II I containing 2,640 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to i maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 ., 11 I !i It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services CenterlPlanning Department prior to commencing any construction within The Encroachment Area, It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies, The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes, IN WITNESS WHEREOF, James K. and Deborah C. Edwards, the said Grantee has caused this Agreement to be executed by his/their/her signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk, CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: II II Ii I' II II \1 ~ j I, II .,l City Clerk r. I fl . C' I { Ut;uvY\ ( (cLV'-,('V\i('~ Deborah C. Edwards 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public II II I' 11 I " I' i , My Commission Expires: 6 I STATE OF 0 :(@l~ -v ~ I CITY/COUNTY dF '('~\1\,(4 -.Pffil'J!\ , to-wit: I' The foregoing instrument was acknowledged before me this ~ day of I b't \ ,2oIB, by JAMES K. EDWARDS. I O~()i~cJ1IL~J otary Pub IC My Commission Expires: ~Q'l\.u...QV j :5 {I --;)00 i.p STATE OF \);~~ ,.,~ ^ CITY/COUNTY 0 V\\ClJ<ttJrYl, to-Wit: . A.. Thoforego"", ;",_on' WM ~knowl,dg<d b,fure met," ~ j- d.y of ~\ \ \ , 2<(B, by DEBORAH C. EDWARDS, Ojf (J 1i~u~ ary Public My Commission Expires: ~Q VuliH ~ $1) )if) fo APPROVED AS TO LEGAL SUFFICIENCY :/ " APPROVED AS TO CONTENT ~ (' ", ' ,,' mF2' "c.fO(.llqc~, Y REAL ESTATE AGENT ~. 7 II PREPARED BY VIRGINIA BEACH CI1Y A ITORNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 I (a)(3) AND 58.1-81 1 (c)(4) REIMBURSEMENT AU1HORIZED UNDER SECTION 25-249 7'r THIS AGREEMENT, made this..2 / day of f/9" i , 20 (9~ ,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARY A. KLINE AND CHARLES A. KLINE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 267 . SECTION 3 . FOXFIRE" and being further designated and described as 2712 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-37-9965; I I That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 GPIN 2403-37-9965 ".- - " " -----.-----~ ---<r-~" " II , ! I at Page 1540 on II June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area, NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 266 and 267 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 266 and 267 N 450 30' 06" E 33.00' to a point marked by an iron pin; thence S 44029' 54" E 80.00' to a point marked by an iron pin; thence S 450 30' 06" W 33.00' to a point; thence N 440 29' 54" W 80.00' to the point of beginning containing2,640 square feet. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. 3 !I It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property ! I tax upon the land so occupied if it were owned by the Grantee; and if such removal shall I not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 ~-'-""""ht'_'- 11 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Mary A. and Charles A. Kline, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager! Authorized Designee of the City Manager I [ (SEAL) ATTEST: II II Ii i: I ,I Ii Ii if " ii \1 [' i! Ii d Ii !! City Clerk ..~ kk' , f 1 /,' ~CI {1. / "~...,(L Mary A. Kline ~A~ Charles A. Kline 5 I Ii I' il II II I I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 II I ,I STATE OF 0~l\~~ I)' CITY/COUNT F i~' i (l.WCl ~~ , to-wit: The foregoing instrument was acknowledged before me this .Jsi- day of I II I A~f"\ ,20.Q3., by MARY A. KLINE. O~ieQ;~atJ~) My Commission Expires: 0Q"\\tQ{~ '3 \ \ ;;1)OCp STATEOF ~~~~ . \ CITY/COUNTY \ li\.j.o ~\ to-wit: The foregoing instrument was acknowledged before me this JLsi day of ~,20QL, by CHARLES A. KLINE. O~r,i~~j.~ My Commission Expires: ~ n \.Ll{.f''::J 31 \ dOO ~ APPROVED AS TO LEGAL SUFFICIENCY c:) (,v .uQ~!' CITY ATtORNEY APPROVED AS TO CONTENT ~tm'f(;' C, :)W,l(Sb,,,- cITy REAL ESTATE AGENT 7 PREPARED BY VIRGINIA BEACH CI1Y A ITORNEY'S OFFICE EXEMP1ED FROM RECORDA TION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(0)(4) REIMBURSEMENT AU1HORIZED UNDER SECnON 25-249 THIS AGREEMENT, made this :2/;f ~ay of 1"';'? f f L , 20 ~.3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT D, JEFFERS AND JENNIFER JEFFERS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 269 . SECTION 3 . FOXFIRE" and being I, I further designated and described as 2724 Renaissance Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-0874; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-0874 -----...._.~,_.,--,._.._- " ".~. ~,_...... ...""~.------ Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and ofthe benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: I i :1 : A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 268 and 269 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 268 and 269 N 450 30' 06" E 66.00' to a point marked by iron pins; thence S 440 29' 54" E 80.00' to a point marked by an iron pin; thence S 450 30' 06" W 66.00' to a point; thence N 440 29' 54" W 80.00' to a point of beginning. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 "-".._.__._.._--_.,_..__.,~----_._- It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies, The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereofto the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 - -"-,--,,._-,.--~~"- I! a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes, .u- IN WITNESS WHEREOF, Robert D, and Jennifer ~ Jeffers, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager! Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk I' 5 @fl)I/IQ Robert D. Je fer Itr /. ~.... /) ,7... Jen A ~feffers STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of i , I ,20_, by RUTH HODGES SMITH, City Clerk for the CITY OF I VIRGINIA BEACH. Notary Public My Commission Expires: 6 I" ili! I:; " Ii II II I II I i STATEOF Ii\~~ I CITY/COUNTY . "'\\"10 --:t;ffit$\, to-wit: The foregoing instrument was acknowledged before me this 0< lcrl- day of -Ax:\\ ,20'03, by ROBERT D. JEFFERS. ~~QaC~aIllJ;j~ " Ndtary Public My Commission Expires: Ua.X\1la.('~ 0) I ?.OOlp STATE OF \} 'l~~ $ \ CITY/COUNTY a I\J \~ N a. 1\mt \;,\, to-wit: The foregoing instrument was acknowledged before me thisd.lSi.- day of ~) (\; I , 20D3, by JENNIFER ~EFFERS. A(lM~~ ary Public My Commission Expires: ~QI'\.Ll4-{'j 3 1 \ aDO ~ APPROVED AS TO LEGAL SUFFICIENCY WaJ2Q",,--<:,< CITY AT ORNEY APPROVED AS TO CONTENT Climz~ C C{i'iISw\ t'iTY REAL ESTATE AGENT ~ 7 I ~ i I Ii I I I I PREPARED BY VIRGINIA BEACH CIIT ATfORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTIIORIZED UNDER SECnON 25-249 ff y'- THIS AGREEMENT, made this~ I day of Il? fit ,20~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and WILLIAM T. CALHOUN AND CYNTHIA D, CALHOUN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 270 . SECTION 3 . FOXFIRE" and being further designated and described as 2492 Navarre Way, Virginia Beach, Virginia 23456 and GPIN 2403-47-1738; That, WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as part of the same property conveyed to The City of Virginia Beach, Virginia from the Commonwealth of Virginia by deed dated 16 April 1985 and recorded in the Clerk's GPIN 2403-47-1738 .._------~-_._.~_.,.- Office of the Circuit Court of The City of Virginia Beach, Virginia in Deed Book 2417 at Page 1540 on 11 June 1985 and to which reference is made for a more particular description "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly described as follows: Beginning at a point, said point being the northern terminus of the line dividing lots 269 and 270 as shown on the plat of the Subdivision of Foxfire Section Three. Said plat is recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2742 at pages 1319- 1321 thence extending the lot line between lots 269 and 270 N 450 30' 06 E 33.00' to a point marked by an iron pin; thence S 440 29' 54" E 90.00' to a point marked by an iron pin said point being on the northern limits of Naverre Way (50' right-of-way); thence S 450 30' 06" W 53.00' along the 2 northern limits ofN averre Way to a point; thence along a curve to the left with radius of20.00' and arch length of31.42', to a point; thence N 440 29' 54" W 70.00' to the point of beginning containing 3,055.8 square feet. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 I' It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area, It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose 4 11 i 1'1 ! i a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day Ii I i that the Temporary Encroachment is allowed to continue thereafter, and may collect such ,I I f compensation and penalties in any manner provided by law for the collection oflocal or 'I I, state taxes. 11 , i IN WITNESS WHEREOF, , the said Grantee has caused this Agreement to I be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. II jl I CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk I ~~ .\ .~~._-: . , '\.),;" ~ ' William T. C Ihoun i f t" ~~lL~J x,,' Cynthia D, Calh6un .,,/ Ii ) 'j "1 ( Ilf/c,Ca.-v 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED The foregoing instrument was acknowledged before me this I i I I I I I I I I I I i I I I I day of I I , I I I I I i I i I I I ! Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 STATE OF \J\i"~t'~ D,~ n CITY/COUNTY cW \ \<).1'1. P<.';:UC')'\ , to-WIt: The foregoing instrument was acknowledged before me this M day of (A~-x'\ \ , 20.[Z, by WILLIAM T. CALHOUN. al;1\U{b,C,,~~uJ NOtary Public My Commission Expires: JA'/\U_DJ~ '3) I :lliO tp STATE OF ~\I~~ ~ ~ CITY/COUN 0 (I\i eat. to-wit: The foregoing instrument was acknowledged before me this ~ day of ~, 2013., by CYNTHIA D. CALHOUN. J ' lliQju,~ N tary Public My Commission Expires: ~QV\.Wi ~ "3 II ~()/o APPROVED AS TO LEGAL SUFFICIENCY ---- r . APPROVED AS TO CONTENT ~7~~L ~S~~i?oENT CITY ATTORNEY ........._, 7 FOXFlRE Esplanade Drive looking southeast at the 66' right-of-way between Renaissance Way and Orleans Way FOXFIRE ",~-~:\I';'~i';(('"~'\', """';';\.)~~,fJ'~'i:~3A-"i~'VJ;,,'~;~i~i.i'; Navarre Way looking southeast at the 66' right-or-way between Reuaissance Way and Orleans Way Navarre Way looking northwest at the 66' right-or-way betweeu Renaissance Way and Orleans Way - 31 - Item V-L3.d. ORDINANCES/RESOLUTION ITEM # 526/3 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into a portion of the City's right-of-way by DAVID SIMS into a portion of Lake Rudee to construct and maintain a boat lift and floating dock at 704 Kennedy Avenue (DISTRICT 6 - BEACH) The folloWing conditions shall be required: I. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims. damages. losses and expenses, including reasonable attorney's fees in case it shaIl be necessary to file or defend any actions arising out of the location or existence of these temporary encroachments. 4. No permission or authority is given to the applicants to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard 6. The applicant shaIl obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand DoIlars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to. any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent. with relation to the temporary encroachment. May 25, 2004 - 32- Item V-L3.d. ORDINANCES/RESOLUTION ITEM # 52613 (Continued 7. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicantfor the use of such portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting; 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS 4 INTO A PORTION OF LAKE RUDEE 5 BY DAVID SIMS, HIS HEIRS, 6 ASSIGNS AND SUCCESSORS IN 7 TITLE 8 WHEREAS, David Sims desires to construct and maintain a boat lift and 9 floating dock into a portion of Lake Rudee. 10 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2- 11 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 12 City's property subject to such terms and conditions as Council may prescribe. 13 NOW, THEREFORE,BEITORDAINEDBYTHECOUNCILOFTHECITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 16 2009 and 15.2-2107, Code of Virginia, 1950, as amended DAVID SIMS, his heirs, assigns 17 and successors in title are authorized to construct and maintain a temporary encroachment 18 for a boat lift and floating dock into a portion of Lake Rudee located at the rear of 704 19 Kennedy Avenue, Shadow Lawn Heights, as shown on the map entitled: "PLAN VIEW 20 FOR: DAVID SIMS 704 KENNEDY AVE VA. BCH., V A 2345 I, EXHIBIT A" a copy of 21 which is on file in the Department of Public Works and to which reference is made for a 22 more particular description; and 23 BE IT FURTHER ORDAINED that the temporary encroachment is expressly 24 subject to those terms, conditions and criteria contained in the Agreement between the City 25 of Virginia Beach and David Sims (the "Agreement"), which is attached hereto and 26 incorporated by reference; and 27 BE IT FURTHER ORDAINED that the City Manager or his authorized 2 8 designee is hereby authorized to execute the Agreement. 29 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until 30 such time as David Sims and the City Manager or his authorized designee execute the 3 1 Agreement. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 33 day of May ,2004. 34 CA-9242 35 PREPARED: April 28,2004 VED AS TO CONTENTS , [ C. . Ul1'"1 SIGNATURE Rml Et:rkdt; DEPARTMENT APPROVED A:~:l\L ~J~~~ CITY ATTORNEY 2 f N _-;;,0. A': 548"ZZ'13W /f"~PO:>ED S'X","O' 1l.12' -:i'(< FLQ.AIorl~c.. OQ'~W/3'xl4' E:x,STING., ,<,:~, .<:}~,. Ac.co:SS I<AMpASS<O"'8LY ,}. PiER "'" ""..'-:\~'~'" 1S' /~ MH'" r:p "'1.~"55'Q3"'-1 .. ~-' ~'~ 'L'''~-' V'f .:";;::,_ . _ 6auIO.t;r;j..ES_ TOMHl,.../ ",,' ~~'~~~1~U"i. So. ~ \; oJ,..A (~;~ X2.~' 2-.s,,<cA, ;;:~, . \'\ S'sv.;. '" ~ P"-oP<>.j;D BOATC,,.,.. IZ~I2.: \.------c:..- - "1-E..A. f"'1L.li.j IOJ1tJl.:30'-z..S"t:t:c..c.Il.. .+.., 01'\" BOAT WFT.", BE .",.,ST..u..u. ,'" · ' A<:..c:..CIlIt..~CE 1N1;'; MANU.c:.-..c:..,",.e:~ N4b~8'31 W f4"-oJlll1\1E.NbA,'T"ION} AAJC S E. . tc.:' , 1 b:...5b' '. P L\ ~CJtII\'ru...u TE N 7'7'lo"W . 9,Se/ rc. N4<.'4'l'18"W 13.0,0' ~ " l'1 "' Vl "' ~i. If) ! ..... . rwa {OT !:R:>) ewe. E')(JST"~~ . ~Vt..I( He....e:. I 'Exisr. f'.IPl"'P (np) Al.L.A<.<.E.S5 .T'l) 3e. By WA-ru- O/'JL'<, (M"TE.e.iA.L .wI.> EO.vlfl) . 'r I'- ci <n N ~)APO LOT A-I 2)APO O.5'CliC.- 0.3' tHe. " " 0, BlK. WALL (OTliC.'?5) ~ LOTB-\ ',-" 0.2' we. -: NeD '-i I 1/2 STY. OR. RES. #704 N '" " Me rtNcr: 01-/ LINe .eLK. WAll. (OTHtKS) ,,"If') N.13-S3.'54W nH (f) 10.00' 6~4.&~ 'l.J\;(jJ, "'- , It\-t;.': ,:.:zz: . '1{)!J. "> ..."tv'Wtj ~, ",~ . .;'r',,:~';". ,..1'n.. : . ~"ik.. ..' J::;rCS' "'" '.~ "~'};i,,~'[\~' oil "JZ,,,,...,. "~"'V . ~:. i'.,,): .";,:,., :'H"'~" - ,\1olo "l;u't-~,. .:t.,\."i-.;:,\:'I.\o.O..." ""0>,,,.,...: '. ";,;;,,,,,','''.' '.Y':a;O,,~w-;"...V-" l"'IN"{fl I' , IVrn~T.DRJ~ N I 7"Ob' H'E MH(f) J~5a " ~ .~ m q U> Vl > r 'C "' m "' "' :z: ("ji'f rn 0.1' flN (f) N7b'Clb'Ob'E 73,00' 23b,00 P\!fI.P0SE: ACCEss DATUM 0,00' mLN ADJACENT PROPERTY OI-lNERS: 1) P.4~S 2) W// ///11'-15 KENNEDY AVENUE CSO'P,iW) PLAI\j V; rc.hf F"'.e..', DAVie> SirYis, '7<-4' jLfj-,J/\lED'1 AilE, VA g(,H; 'VA 2,3<\ s-I E):.H\BIT A $~kl''...40' HI LA 1Uf:./LI.JDE.E.. AT SH4Doi-V VlW^, HtEIG,.H'Yj CITy OF yABC-t-I STATE VA- APPLICATION BY s;m' SHEET -z... OF 2 E ~ /'3/a'z... RaVISI:D "Lfo+M PREPARED BY VlROlNlA BEACH CITY ATTORNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) AND 58.1-81 I (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this :5"'cf' day of ~7t';/' , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID SIMS, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "Lot A-I Block 40 Shadow Lawn Heights" and being further designated and described as 704 Kennedy Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift and floating dock, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1. 00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2427-01-4233 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Plan View for David Sims 704 Kennedy Ave, Virginia Beach, Va. 23451," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Deve]opment Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and genera] liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive genera] Iiabi]ity insurance in an amount not less than $500.000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or materia] change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection ofloca] or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($] 00.00) per day for each and every day 3 that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF. David Simms, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk \0 '. oJ ~av~s S:.r_"'> STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATEOF K;r9~h,. 'Z CITY/COVJIoITY OF //'/9';-" a. ..decA~, to-wit: The foregoing instrument was acknowledged before me this 00~ day of yr)a...r~ ,2004, by DAVID SIMS. ~/d.. r ;t(O/!~ Notary Public~'llI'),(). n1.~~ My Commission Expires: .'.Jj~; r:\:Di~r,s .Fl' :.:.~ ~~,q ~~,PROVED AS TO CON'fEN~:] ?tJ!JJ1Hf ('. 01u)$(". <S' Y REAL ESTATE AGENT APPROVED AS TO LEGAL SUFFIC NCY Rev. 07-24-02 5 ft54B"Z2'13W [ !. J2' 8<1 STING, hE-I<. rE.N35.5-::.JCG~W "!>f.Ol' f mer. Of;UI-U: rr I~ T7'IQ"W . 9,5&1 Pi:. N 4<."49 'IS"v-J '2.3" 0>0' N ~)APQ JU ..,' '" "' U) ;., -, (f)j 0.5' eIK,- O.3'l"NC. BlK. WAll IOT1i!:R5) 0.2' tHe. n:.tKt. Of.! UNC .eu:,.WAU (OTl1tR5) 0.1' FIN rt) P\.lRP0SE: ACaSS DATUM 0,00' mLN ADJACENT PROPERTY O....NERS: 1) p,q~S -,! Wi/ //111'15 ~LJJ=.TT"O Be. :;:.NST"'~ iN f4 ~. ~I'n-t MAN\J.c.a.c::..,",(.~ . ""MNJ€~P""'T'I ON} AJo..JD SPECIFl'UII."l"':'...u o~ of Rt'p I2.A.p E:^IST"~~, ';-- .... ci m N g)TA-1 ~. .rnK.l: lOT oelJ f1.JC 2) APO '\ M:o '''/ I 1/2. STY. OR. RES. #704 ~ <> :, = A U-.A <..c.es.s 1'""0 S 1:- E!.yWA1V<-O/',JL'<, (M~e.iA.L. oW!:> CG,Vljl) , LOT!'>-I ~ q r;.R..W~ nNlr) N,13"S3.'S4W r\l",[i) 10.00' (;;"0.7' f)RLCt:.. N I TOG' H'E MN (r) I c;.sO ~rrvJ..T ORJVC:: <0 o U> "' ,. r 'C "' '" !" '" :z: rlN {n ., c u l N7 (;"m;'OG'E 75,00' KI'NNEDY AVENUE (SO'RtN) PLAI\j Vi FC.-hJ pc-R..: DAVie> Si/VI So I "4- )t...1:NI"cl>~1 AVE- VAUH; 'y.4 2_34 s-I E):H\Gif A 2%,00 SCklc 11i~40' IN LA ~- e.UDEE:... AT S/+'lDO;...J LfiWI\J HtEIG-,J-t'TJ CITY OF yA CCr\ STATE VA APPLICATION BY:)im SHEET -z.. OF 2 E s-: )"3 jOL RaY/SED "2-/0+101 ~1~1~~bO \ 0 o~,~ \~~,J~ ----O~ 51\ " 0 ',. ~ I~ lr r.., h~ rf \\'1\\ 1--\'1 I " :::::-:::::,1\::..., ..J;l '\ ' W;, '\J, 'dr\n \ \.-ill ~ \1 "~ 0' " '~(.. .l. ~ D \\~ ,I ~ ~~~ I~ " ",O\\':::$I'f ' -V' Th: '\~... ',~\~ 0' .J c;.---"rd~ ~~O\\~q' ::.r-l, ~\ ", ~~~.., I ~ " \\\,' ~1"~OI\ .~' -,.' " '~" ,. __ tl>p;" " 1, \ 'I' --- \ \ , ~ , , II ' __L " , '~-~ ~' \ \':J.. \ 0 r-:: t:j" ",' " -; " " "'" ~ ".-' ,,, .1-:___ +:. .j <", L " .,-- :u-.-r~\ ~\ \ \ ~ I, '. " \ ,~~ \~ ~ ~\~ ~ , ~ \ /' -\ RY)" 0 ., " \-~" I ~',n " " \\;.<1 ~ ,I\'i\.,,, ... "II": 1\' ~[O' "I\~" ,\\~ " <,,' ' '\ \ " '. ,\~~ ., ~ {~ ~ ~,~ \"':"t __ \ \ ", ':D'('j~ ' MS """"""', \"'\' \ .--- ~ t \ (j) 0 " \1 \ ~ ' ~_\ " ~L!\ \\~ \ ~ ~ 0 \ ~ \, 1"1"\ ., ... ~\\_, ,,, ... ~0 tn\ I ... " ~ll:t; . ,~\:;. ~ ... ~ ,\0 ".J' ".... . , 0':" l~o";; \\\~,"*I~$~~~ ,,', ~t;)\I;~~\ '\\~_O"~' \ \ c " , " \\ " WIT .-4;-1-.' -r-" ';...\. " \ \- \ " " '~', ..:~ :\"t', '1k \ ~~~\\ '~.\\ \l\"",~~'.\_\~ "',1.--'\ - FIlII -- ---~-,)K ~\\"kf.' "0 \~~,,~'AID\\ ... ~'\\ !'- --r-::l~ "'Ji:\' i, \~ " 'I-t' ~ 0f r:'t-1\._:W~'~ Mi\i ' ',l.:- \ , ~~~\~W, ""~O t'1\' "\\I""~a~~a;l '" 1\, "', Ll~' ~'; f1~\+'c '~\~' ~D I" ~~ '~ , 1<1 1--- ~ I' ~>-?? " ~A\f <i:is' \~ 0/' \~'O'- ... ,,\ l'~~,,,\'~) ~ ." Hi 0. ,-:>~',- 8'" ~ \,\ v ,,, ," \~ ........ ~ ,..,-::;: Ef!: r"I ..J....8. v "j.. ....,.- - "--' ''I<' .' Vi:t'\ ..I J:: _ .....,....-:' .~~~" \ ',," ':::,!J. ~. ,\, c.. #704 ~~ r\1<F. b,J ,,/' 0 i>.! ~>y ,'!?f.-n ~ V ~~o.., 0 ~/~ \ A1. KENNfDYAVE. ... \- ,a ... " '~"?f ,__\"r - "~~ " ~ ~, \,p~ &~~~o ~:~__~:::::/~ \p '" \\I~' ....".- I:.~ 1 "v'J...- c.!. .-:~ B-' -: ~ ~\~ ;;.----::;} ~~~,\~ A w\~ IX, :11\ ":b~\ u ~ ~ r -h ~ Jl \' J..1.TJH ~ '" ""\, V ~ RW~ \~ 1-,\ ~. \ LAKE RUDEE ~ 8~ 'r;] .....L.! 'J \ ~::;~ J " Q~ '" / / '. / / / / / - LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY DAVID SIMS INTO CITY PROPERTY KNOWN AS LAKE RUDEE ADJACENT TO 704 KENNEDY AVENUE '; " 1" - 200' SJMS .DGN M.J.S. PREPARED BY P;W ENG. CADD DEPT. MARCH 2004 - 33- Item V-I.4. ORDINANCES/RESOLUTION ITEM # 52614 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to TRANSFER $] 30,000 from the General Fund Reserve far Contingencies to the Planning Departments FY 2003-2004 Operating Budget re development of an urban design element far the Historic Kempsville Plan. Voting: 8-] (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Janes, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ran A. Villanueva and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf and James 1. Woad Council Lady McClanan DISCLOSED Pursuant to Conflict of Interests Act S 2.2-3]] 5 (G) re Item [4. (Ordinance to Transfer $]30,000 from the General Fund Reserve far Contingencies to the Planning Departments FY 2003-2004 Operating Budget re development of an urban design element far the Historic Kempsville Plan). Council Lady McClanan and her husband have an ownership interest in Kempsville Professional Center, Inc. and that corporation awns property located at 425 South Witchduck Road (GPIN ] 4667954000000), near the intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised Council Lady McClanan is able to participate in this discussion fairly, objectively and in the public interest. May 25, 2004 1 AN OElDINANCE TO TRANSFER $130,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE 3 DEPARTMENT OF PLANNING'S FY 2003-04 OPERATING 4 BUDGET FOR THE DEVELOPMENT OF AN URBAN DESIGN 5 ELEMENT FOR THE HISTORIC KEMPSVILLE PLAN 6 7 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That $130,000 from the General Fund Reserve for 14 Contingencies is hereby transferred to the Department of 15 Planning's FY 2003-04 Operating Budget for the development of an 16 urban design element for the Historic Kempsville Plan. 17 18 19 Adopted by the Virginia, on the 25 Council day of of the May City of Virginia , 2004. Beach, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lt4~VV' S. 5.?6~" IT: f / v City Attorney's Office CA-9240 OID/ordres/proposed/Historic R2 - April 30, 2004 Kempsville ORD.doc Citye>:f' Virgi:r1ia I3each REBA S. McClANAN COUNCIL LADY ~ DISTRICT 3 - AOSE HALL PHONE: (757) 340-8835 FAx: (757) 426-5669 May 25, 2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(G), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding the Ordinance to Transfer $130,000 in the General Fund Reserve for Contingencies to the Department fo Planning's Operating Budget for the Development of an Urban Design Element fo the Historic Kempsville Plan. 2. The nature of my personal interest is that my husband and I have an ownership interest in Kemspville Professional Center, Inc., and that corporation owns property that is located at 425 South Witchduck Road (GPIN 146679 5400 0000), near the intersection of Kempsville Road and Princess Anne Road. 3. I am a member of a group (property owners affected by the Princess Anne/Kempsville Intersection Project) the members of which are affected by the transaction. 4. I am able to participate in this discussion fairly, objectively, and in the public interest. 3224 BURNT MILL ROAD, VIRGINIA BEACH, VA 23452~5207 Proud ReciPient of the 1998 US. Senate Medallion of fo~xcellencefor Productivity and ~>Uality in the Public Sector. Mrs. Ruth Hodges Smith -2- May 25,2004 Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of City Council. I previously provided you with an opinion letter from City Attorney Leslie L. Lilley, which addresses this matter, and I understand that you have filed that opinion with the minutes for City Council's September 9,2003 meeting. Thank you for your assistance and cooperation in this matter. Sincerely, ~f~~ Reba S. McClanan Councilmember RSM/RRl Enclosure - 34- Item V-L5. ORDINANCES/RESOLUTION ITEM # 52615 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council DEFERRED until the City Council Session of June 8, 2004: Resolution ESTABLISHING a policy re the connection of private utilities in rural areas for public water and sanitary sewer systems. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 Item V-J. PLANNING 1. HERTZ LOCAL EDITION 2. SANTA FE, LP 3. STAR OF THE SEA REGIONAL CATHOLIC CHURCH 4. JESSUP CONSTRUCTION, L.L.C - 35- ITEM # 52616 AMENDMENT TO THE TIMBERLAKE LAND USE PLAN CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING May 25, 2004 - 36- Item V-J. PLANNING ITEM # 52617 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED in ONE MOTION Items 1,2,34 (DEFERRED) of the PLANNING BY CONSENT AGENDA. Item J.4 was DEFERRED until the City Council Session of June 8, 2004. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act 9 2.2-3115 (H). Re Item J4.. (Application of JESSUP CONSTRUCTION L.L.C.for a Chanf!e ofZoninf! from R-40 Residential District to Conditional R-30 Residential District at 1017 Harris Road.) Jessup Construction L.L.C is a client of Prudential Decker Realty. Council Lady Wilson has a personal interest in Prudential Decker Realty arising out of her receipt of commissions from Prudential Decker Realty. The City Attorney has advised although she has a personal interest in this transaction, because she does not personally provide services to Jessup Construction L.L. C, Council Lady Wilson may participate without restriction in City Council's discussion and vote on this transaction. Council Lady Wilson's letter of May 25, 2004, is hereby made a part of the record. May 25, 2004 - 37- Item V-J. 1. PLANNING ITEM # 52618 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED the Ordinance upon Application of HERTZ LOCAL EDITION for an Amendment ofthe Timberlake PD-H1 Land Use Plan for motor vehicle rentals (to store up to ten (10) cars at the south end of the parking lot). ORDINANCE UPON APPLICATION OF HERTZ LOCAL EDITION FOR AN AMENDMENT OF THE TIMBERLAKE PD-Hl LAND USE PLAN FOR MOTOR VEHICLE RENTALS. z05041184 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of Hertz Local Edition for an amendment of the Timberlake PD-H1 Land Use Plan for motor vehicle rentals. Property is located at 4291 Holland Road, Suite 103 (GPIN 14768760200000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: I. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25" of May, Two Thousand Four Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 - 38- Item V-J.2. PLANNING ITEM # 52619 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED the application of SANTA FE, LP for a Conditional Use Permit re automobile repair ORDINANCE UPON APPLICATION OF SANTA FE, LP FOR A CONDITIONAL USE PERMIT RE AUTOMOBILE REPAIR R050431172 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Santa Fe, LP for a Conditional Use Permit for an automobile repair establishment on property located at 3700 Sentara Way (GPIN 14875238530000). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The proposed building shall substantially conform in size and location with the submitted site plan titled "Conceptual Use Permit Exhibit for Driver's World, Proposed Prep Facility, 3700 Sentara Way, Virginia Beach, Virginia ", prepared by MSA, P.c., and dated 2/20/04. Said plan is on file in the City of Virginia Beach Planning Department. 2. The design, building materials and building colors of the proposed building shall substantially conform with the submitted elevation plan titled "Proposed Prep Facility for Driver's World, Virginia Beach, Virginia ", prepared by Lyall Design Architects, and dated February 2, 2004. Said plan is on file in the City of Virginia Beach Planning Department. 3. The site shall adhere to all of the conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on February 25,1997 and December 18,2002. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25" of May, Two Thousand Four May 25, 2004 Item V-J.2. PLANNING Voting: - 39- ITEM # 52619 (Continued) 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 - 40- Item V-J.3. PLANNING ITEM # 52620 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED the Ordinance upon application of STAR OF THE SEA REGIONAL CATHOLIC CHURCH for a Conditional Use Permit for a school (expansion): ORDINANCE UPON APPLICATION OF STAR OF THE SEA REGIONAL CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A SCHOOL (EXPANSION) R05043I I 73 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Star of the Sea Regional Catholic Church for a Conditional Use Permit for a school (expansion) on property located at 309 15" Street (GPINS 24271641020000; 51470000; -50540000; -61750000). DISTRICT 6 - BEACH The following conditions shall be required: I. The Conditional Use Permit for the portable classrooms is approved for three (3) years from the date of City Council approval. Additionally, all portable classrooms currently in use by the applicant shall be removed within three (3) years unless a new Conditional Use Permit is approved. 2. The portable buildings shall have skirting around the entire base of each building. 3. The skirting of the portable buildings shall be screened with planters containing shrubs as specified in the Category I plant list where facing the public right-of way. 4. The applicant shall install a hedge of ligustrum shrubs, or an acceptable substitute, along the fence line on 15" Street, between the 17-footwide gate at the crosswalk and the 15-foot gate in the parking lot. The applicant shall supplement the existing landscaping with ligustrum shrubs, or an acceptable substitute, along the Pacific Avenue streetfrontage between 14" and 15" Streets. 5. The applicant shall work with the use permit application review staff planner to achieve an acceptable landscape plan that addresses Conditions 3 and 4. The landscape plan shall be submitted to the use permit application review staff Planner during the building permit process. No building permits shall be issued until the Director of Planning or his designee approves the landscape plan. May 25, 2004 - 41- Item V-J.3. PLANNING ITEM # 52620 (Continued) 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the portable buildings. 7. A final master plan for the church and school complex shall be submitted to the Director of Planning prior to a Certificate of Occupancy being issued. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25" of May, Two Thousand Four Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndoif and James L. Wood May 25, 2004 - 42- Item V-J.4. PLANNING ITEM # 52621 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council DEFERRED until the City Council Session of June 8, 2004, an Ordinance upon application of JESSUP CONSTRUCTION L.L.C.for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF JESSUP CONSTRUCTION L.L.C FOR A CHANGE OF ZONING CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40 TO CONDITIONAL R-30 Ordinance upon Application of Jessup Construction L.L. C for a Chanf!e o( Zoninf! District Classification from R-40 Residential District to Conditional R-30 Residential District on property located at 1017 Harris Road (GPIN 14888503200000 - portion oj). The Comprehensive Plan identifies this site as being within the Primary Residential Area. DISTRICT 5 - LYNNHA VEN Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Dieze/, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act S 2.2-3115 (H). Re Item J.4.. (Application of JESSUP CONSTR UCTION L.L. C. for a Chanf!e o(Zoninf! (rom R-40 Residential District to Conditional R-30 Residential District at 1017 Harris Road.) Jessup Construction L.L. C is a client of Prudential Decker Realty. Council Lady Wilson has a personal interest in Prudential Decker Realty arising out of her receipt of commissions from Prudential Decker Realty. The City Attorney has advised although she has a personal interest in this transaction, because she does not personally provide services to Jessup Construction L.L. C, Council Lady Wilson may participate without restriction in City Council's discussion and vote on this transaction. Council Lady Wilson's letter of May 25, 2004, is hereby made a part of the record. May 25, 2004 City of Virgir:1.ia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE (757) 422-0733 FAX: (757) 426-5669 May 25, 2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Conflict ofInterests Act S 2.2-3115 (H) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on Jessup Construction L.L.C.'s application for a change in zoning from R-40 Residential District to Conditional R-30 Residential District at 1017 Harris Road (GPIN 14888503200000). 2. Jessup Construction L.L. C. is a client of Prudential Decker Realty. I have a personal interest in Prudential Decker Realty arising out of my receipt of commissions from Prudential Decker Realty. 3. The City Attorney has advised me that although I have a personal interest in this transaction, because I do not personally provide services to Jessup Construction L.L.c., the Act provides that I may participate without restriction in Council's discussion of, and vote on, this transaction, upon disclosure of this interest. 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 1304 WREN PLACE, VIRGINIA BEACH. VA 23451 -,.----.------- Mrs. Ruth Hodges Smith -2- May 25, 2004 Re: Disclosure Pursuant to Conflict of Interests Act 92.2-3115 (H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, tl. tt/~ Rosemary A. ilson Councilmember RAW /RRl - 43- Item V-K. APPOINTMENTS ITEM # 52622 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS - (a)Plumbing/Mechanical (b)Building Maintenance HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE COMMITTEE SHORE DRIVE ADVISORY COMMITTEE SOCIAL SERVICES BOARD May 25,2004 - 44- Item V-K.2 APPOINTMENTS ITEM # 52623 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: Sharon L. Fraim Manuel A. Hipol Elliott C, Jones 2 year terms 07/01/04 - 06/30/06 ARTS and HUMANITIES COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James 1. Wood May 25, 2004 - 45- Item V-K.3 APPOINTMENTS ITEM # 52624 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: Ira R. Copenhaver Thomas E. Fraim William A. Hearst 3 year terms 07/01/04 - 06130/07 BEACHES and WATERWAYS COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyero E. Oberndorf and James L. Wood May 25, 2004 - 46- Item V-K.4. APPOINTMENTS ITEM # 52625 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: Mayor Meyera Oberndorf Vice Mayor Louis Jones Councilman Harry Diezel Councilman Peter Schmidt 2 year terms 07101104 - 06130106 HAMPTON ROADS PLANNING DISTRICT COMMISSION - HRPDC Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 - 47- Item V-K.4. APPOINTMENTS ITEM # 52626 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: Louisa M. Strayhorn 2 year term 06/01/04 - 05/31/06 MINORITY BUSINESS COUNCIL Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 - 48- Item V-K.5. APPOINTMENTS ITEM # 52627 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Charles M Nash Kale Warren 3 year terms 06/01/04 - 05/31/07 OPEN SPACE COMMITTEE -Parks and Recreation Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James 1. Wood May 25, 2004 - 49- Item V-K.6. APPOINTMENTS ITEM # 52628 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: Councilman Richard A. Maddox W.D. Sessoms 2 year terms 07/01/04 - 06130/06 TIDEWATER TRANSPORTATION DISTRICT OF HAMPTON ROADS COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25. 2004 - 50- Item V-K.7. APPOINTMENTS ITEM # 52629 Upon NOMINATlON by Council Lady McClanan, City Council APPOINTED: Peter B. Langlands Unexpired term thru 06/30/06 TOWING ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox. Jim Reeve. Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and James L. Wood May 25, 2004 - 5]- Item V-No ADJOURNMENT ITEM # 52630 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:14 P.M. ~~;~!;;::-- Chief Deputy City Clerk ,r -Nt!_~_~___________ Louis R. Jones Vice Mayor Ruth Hodges Smith, MMC City Clerk ~~~;/~~Ai~ Mayor " City of Virginia Beach Virginia May 25, 2004