HomeMy WebLinkAboutMAY 24, 1976 MINUTES
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 24, 1976
The regular meeting of the Council of the City of Virg~n~a Bea~~,
Virginia, was held in the Coun~il Chambers, in the, AdmInIstratIon
Building, in the Borough of PrIncess Anne, on Monday, May 24, 197~,
at 2:00 p.m.
The invocation was given by the Reverend Forest Wells, Christian
Church Uniting, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Robert A~
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner~ J~~
R. Griffin, Clarence A. Holland, J. Henry McCoy? Jr., Mayor J. Curtis
Payne, Patrick L. Standing, and Floyd E. WaterfIeld, Jr.
Councilmen absent:
None
ITEM #9666
On motion by Councilman Callis, seconded by Councilman Waterfiela~
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr.? Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterflelod, Jr.
Nays:
None
Absent:
None
City Council approved the minutes of the regular meeting of May 17,
1976, and dispensed wi th the reading of said minutes inasmuch as eacl,
Councilman had a copy of the subject minutes before him.
ITEM #9667
Mayor Payne introduced Miss Candice Pettigrew, Acting City Manager
of the Mayor's Youth Council to give the annual report.
Mi~s Pettigrew gave a brief outline of the committees and what they
had been involved in during the past year.
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Mr. Jay Condrey informed Council of the various activities the
Mayor's Youth Council has been involved in regarding the City of
Moss, Norway, and informed City Council that a package was being
sent to Moss, Norway with several items from the City of Virginia
Beach. Included will be: Neptune Festival tie for the Mayor of
Moss, Norway, book on the history of Virginia Beach, pictures of
the Norwegian Lady, a bottle of ocean water, bottle of sand, several
festival pins, brochures of Virginia Beach, and a box of salt water
taffy.
Mayor Payne presented Mr. Condrey with a flag of the City of
Virginia Beach to include in the package, and Mr. George L. Hanbury,
City Manager, presented Mr. Condrey with a sign stating "Welcome to
Virginia Beach, World's Largest Resort City."
Miss Beth Katz presented award 5 to the various committee chairman and
members of the Mayor's Youth Council.
Mrs. Nell Grant presented Certificates of Appreciation to the Youth
Council, from the Bicentennial Commission, for the efforts they have
put forth to promote the Bicentennial spirit in the community and the
schools.
Miss Mary Ann DeFir performed a guitar solo in commemeration of
Youth in America.
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Mayor Payne presented Certificates of Appreciation to the following
members of the Mayor's Youth Council:
COMMUNITY SERVICES:
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LIBRARIES:
FIRE:
AGRI CUlTURE:
PUBLIC UTILITIES:
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PERSONNEL:
RECREATION:
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MEtffAL l I4EÁLTH ~
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PO~lÇ,E: S'. ',.i.:':
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I IN~~~~T:r~~:,.~YSTEMS:
PLANNING:
hOSe}i: :
;1<:",,:
Vónda Cirer
Mitzi Keyes
Thomas lJ ackson
Kevin Marshall
Lynnhaven JuJ!.ior High
Kellam High School
Kellam High School
Virginia Beach Junior
Gigi Gullickson
Darlene Joyner
Bayside Junior High
Vo Tech
Bayside Junior High
Princess Anne High School
Cox High School
Kevin O'Brien
Debbie Fentress
Jay Condrey
Nancy Nobel
Mary Anne De Fir
Jane Loizeaux
Princess Anne High
Kempsville High
Joe Delaney
Donna Clarke
Kempsville Junior High
Cox High
Candice Pettigrew
Kempsville High School
Kempsville High School
Beth Katz
Robert Crocker
Carmen Parrish
Virginia Beach Junior
Independence Junior High
Va-Tech
Princess Anne Junior
F ,GENERAL"$ERVI~ES:--", Stephen Jackson
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,- 197¿; &~C ¿:~~~~3 Ralph Garner
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CITY ATTORNEY: Terry tJames
Bill Greer
"2~iay':.;r ;=:<or:~..:' ~,:;:'::::,:::' Ed O"Bl~ien
üf thE> ~:;:\"('r'..;' -
'ECONOMIC DEVELOPME'NT: Bruce Jones
, ]\!iss::',,"""': n-r:" Mike Kessler
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I,.ad QP'-'J' i ':¡'\' , .' " Desiree Baylor
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HEALTH DEPARTMENT:
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Bayside High
Bayside High
Plaza Junior High
Independence Jr. High
Bayside High School
Kempsville Junior High
Donnie Minter
Pete Watson
Princess Anne, Junior
Cox High School
Richard Powell
Susan Karvala
Plaza Junior High
Lynnhaven Junior High
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ITEM #9668
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On motion by Councilman McCoy, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, and Patrick L. Standing.
Nays:
Councilman Floyd E. Waterfield, Jr.
Absent:
None
City Council approved on second reading the authorization to the
City Manager to enter an agreement with the Tidewater Regional
Transit Authority for the purpose of establishing a bus route from
the Kempsville area, to Pembroke Mall, to Hilltop, to Pacific Avenue
Trailways Bus Station, allowing service for the citizens of the City
to have public trans it to the beachfront during the summ"er season.
It is anticipated that sufficient revenues will be derived to justify
the service which will cost approximately $7,900 during the summer
, months. Funds are available for th i,s ~i~s.!..
As requested by Dr. McCoy, Princess Anne Plaza is also included in
the routing.
ITEM #9669
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On motion by Councilman Callis, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
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Nays:
None
Absent:
None
City Council approved the authorization to the City Manager to execute
a lease agreement between the U. S. Army and the City of Virginia Beach
for use of a segment of beach on the southernmost OC8an front boundary
of Fort Story for public use. This agreement provides for the continuation
of the day use beach on a three day a week schedule for the upcoming
five consecutive summer seasons.
In coordination with this agreement, it will be necessary to upgrade
the parking facilities for the day use beach; therefore, City Council
further approved the transfer of $8,500 from Reserve for Contingencies
to Highway Division for the parking improvements. The balance in the
reserve after this transfer will be $49,878.
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DEPARTMENT OF THE ARMY
LEASE
OF PROPERTY ON
FORT STORY
MILITARY RESERVATION
THIS LEASE, made between the Secreta1'Y of the Army, of the first part and
CITY OF VIRGINIA BEACH, VIRGINIA, .
01 the second part, WITNESSETH:
No. DACA6S-1-76-IS7
That the Secretary of the Army, by virtu~ 01 the authority conÚlined in Title 1Q,:-
United States Code, Section 2667, and for the consideration Mreinafter set forth, hereby
lea.~es to the party 01 the sec0n4 part, hereinafter designated ds the lessee, lor a term 01
4 yrs. 4 mos. and 4 days, beginning 28 May ,19 76,
and ending 30 September , 1980 , but revocable at 'will by the Secretary
01 the Army, the following described property 107' Recreational Use.
PARCEL NO.1
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BEGINNING at a steel pin located 23.16 feet east of the center line of Atlantic
Avenue; t~~~ð~~iN 84~ag8~ E 1217.2 feet ~ to a point on or neal~ the low water
line of Grie;~Feafe-ð~r; thenc~, S 070?0' E 885.00 feet to a point on or near the
low water line of the GjM~~é;i~e~å?~-"ånd/or near the original property lines of
Fort Story Military Reservation; thence, S 750 31' W 1082.00 feet to a point 35.4
feet east of the center line of Atlantic Avenue, and/or near the original property
line of Fort Story; thence, N 140 07' W 457.50 feet to a steel pin 22.66 feet east
of the center line of Atlantic Avenue; thence, N 180 23' W 176.00 feet to the
point of beginning containing 19. 2S acres + and. being show"Il in red on drawing
entitled, "Recreation Use of Fort Story Beaches", and màrked Exhibit trA" attached
hereto and made a part hereof. -
PARCEL NO.2
LOCATED on the west side of Atlmltic Avenue, north of the water storage fence,
and east of a lake and bound and described as follows:
BEGINNING at a steel pin, 25 feet west of the center line of Atlantic Avenue, and
whicn bears N 790 OS' W 54.0 feet from Corner No.5 of Parcel No.1; thence,
running from the steel pin, and point of , beginning, S 160 20' E lOO~OO feet to a
steel pin, 25 feet west of the center line of Atlm1tic Avenue; thence,
S 130 48' E 135.68 feet to a steel pin, 2S feet west of the center line of Atlantic
Avenue; thence, S 760 16' W 183.65 feet to a steel pin, 1 foot north of a steel
fence post and approximately 20 feet east of a lake; thence, N 000 59' E 235.68
feet + .to a steel pin, located 10 feet east of the lake; thence, N 720 40' E 119.45
I feet running to the beginning and containing 34,800. 00 squar. e feet and being shown
""in red on drawing entitled, "Recreation Use of Fort Story Beaches", and marked
Exhibit "A" attached hereto and made a part hereof. "
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EIrC FORM 13 6 7
1 JAN 68
REPLACES EDITION OF 1 DEC. 62. WHICH IS OBSOLETE
(ER ~O5-1-890)
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THIS LEASE is granted subject to the fOlwwing conditions:
1. 'f)-.u.t the l~þ to the (}nitui Sta/ '
($ num, payable
in advance, and the lessee s pay tc the United States on
cLemand any sum which may h4v~-d after the expiration, revocation, or termi-
""tion 01 this 1<M~t premises to the condit;"n required by Condilion No, 20
her~a.lOn shall be m4de P<1yable ta the Troosurer of the United States and. .
f~!es8ce dÙ'ect t9 - . .. . '
. 2. That, as' althe commenëement date of this lease, an inventor¡¡ and c'onditiàn report
'o(all'personal propertY and- improvements or the Government included in this leMe shall be' ,
made by' a representative -of the Government a rnra representative of the lessee to reflect th~ .
thèn presènt condition' of said property, 'A capyof said inventory and condition report SM.ll .
be attached hereto'and becáme a part hereof, as tully as if originally incorporated herein. At
the expiration, r-evocation, (}T'termirwtion of thìs lease a simUar inventor¡¡ and conditÙJn report
:shall'be p1'ëpared and submitted to the ~- District Engineer, U. S. Army,
Engineer District, Norfolk" hereinafter 'designated as "said officer," said
inventáry and condition report to constitutè the bMis for settlement by the lessee with said
officer for leased property shown to be lost, dam.aged, or destroyed, any such property to be
'either repla<:eã or restiJred tò the condition required by Condition No. 20 hereof, or at the
election oTthè Goi'ernment reimbursernenf made therefor by the lessee at the then current
market value thereof.
3. That the lessee h.as inspected Q11.dknows the condition of the loosed property, and
it is understood that the same is hereby leÆ1.sed without any r-epresentatÙJn or warranty by
thë Government whatsoever, and without obligation on the part of the Government to make
any"álte'1'ations, repairs, Or additìons thereto. 'alternate ' .' :':.
"4. That, subjert to 1he limitations OJ Condition NQ. 20/hereof with respect to the restorå-
I lion of the property, alt porl;ons Of. the, leased prope. rty ,¡"zit at all time< be protected and
maintained in'good o,der and conditIon by and at thi expense of the lessee, .
-5. That the lessee shall neither transfer nor a~sign this lease Or any property on the"
demised premise.'l, nor sublet the demised prem¡Ús. or any part the'reof -or any property
thereon, nor grant any interest, privilege, or license whatsoever in connection with this leMe '.
without permission in writing from the said officer. - .
6. That the right is hereby reserued'to the United States, itsofficers, agents, ând emploYe€s
to enter upon -the said premise.'? at any time. for the purpose of inspection and inventory and
when otherwise deemed necessary for th~ protection 0/ the interests 0/ the Government, and
the lessee shall have no claim of any character on account thereof against the United States
Or any officer, agent, Or employee ther€o/.
7. That the United States shall not be 1'esponsible for damages to property or injuries to
pe1'sons u.:hich may arise from or be inr.ident to thew;e and occupation of the said premius,
Or for damages to the P1'operty oj the lessee, or for injuries to the person of the lessee (if an
individual), or -Jor damages to the property or injuries ta the person of the lessee's officers,
agents,- servants, or employees, ar others who may be on said premises at their invitation
or the int'it.ation of anyone of them, arising from gorernmental activities, and the lessee shall
hold the United States harmless from any and all such claims, except as permitted under
8. That the lessee shall at all times exercise due diligence in the protection of the demised N
premises against damage Or destruction by fire and other causes, 00
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9. That any property of the United States damaged or destroyed by the lessee incdent to .
the-lessee's use and occupation of the said property shall be promptly repaired or replaced by ~
the lessee to the satisfaction of the said office r, or in lieu oj such repair Or "eplacement the f3
lessee shall, if so required by the said officer, pay to the United States money in an amount N
IU/fiCient to compensate for the loss sustained by the United States by reason of damages to ~
r destruction of Gouernment property. ....
{D. That the lessu shall cut no timber, conduct no mining or drilling operations, remove ~
0 sand, gravel, 0" kindred substances from the [J,'ound, f}xccpt in the c:rcrcisc 8/ mincra.l ~~ !II
It~} äof"7~ 'r~~lI Led to the} < co, d 0« Ill!} the) all; commit no waste of any kind, or in any manner .ß
substantially change the contour or condition of the property hereby leased, except changes
"equired in canying out soil and water conservation measures.
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11. That the lessee sM.ll comply with all applicable laws, ordinances, and regulations of
the State, county, and municipality wherein the said de'mised premises are located, with regard
to construction, sanitation, licenses or perrnits to do business, and all other matters.
12. That the lessee shall not construct any pernulnent structure on the said demised
premises, and shall ?Wt construct any temporary structure or advertising sign thereon with.
out the prior written cons.ent of the said officer, except as otherwise allowed herein.
18- Toot the leß8øe sf...ell '{Jay to the -proper (,¡' ,¿t~t1l, whe~d as th9 same be -
and payab~, all taxes, a.ssessments; and similar charges, which at any time durina t erm
of this loose, may 1M taxed, assessed or imposed upon the Government or upon t essee with
respect to or upon the leased premises. In the event any taxes, assessment, r similar charges
are imposed with the consent of the Congress upon property own y the G01,ernment and
included in this lease (as opposed to the lea.sehoU interest lessee therein), this lease
shall be renegotiated so as to accomplish an equitable uction in the rental provided above,
which shall not be greater than the difference b en the amount of such taxes, assessments,
or simiÙJ.r charges and the amount of an xes, ûSsessments (}r similar charges which were
imposed upon such lessee with res~' 0 his leMehold interest in the premises prior to the
granting of such consent by t ongress.. provided toot in the event that the parties thereto
are unable to a.()ree wit' 90 days fron, the date of the imposition of such taxes, assessments,
or simi14r charge. a rental which in the opinion of the said offi.~er, coMtitutes a reason.'
cfblereturn e Government on the ka.sed p'roperty, t!Lenin such event, the sa,id officer shall
MÌ'e . right to determine the amount of the rental, which determi7U1.tion sJuzll be binding
, . 'e&ffl~i+k-&md*ffm N ð. 1 4 ft/-Ht-is-kfJjffJ.
.. ":-14: '(a) '. Thßt, 'except a.<J otheT"..vise provided in thi3 lease, any di.'1flute !*-once'rning a ques-
tÎònó! fáct arising under this lease which is not di8posed of bJ.I agreement shall be de~ided bv
the said offi.ur, whQ shall reduce his decision to writing and 'mail or otherwise' furnish a cow
thereof,to the Lessee. The decision 01 the said officer shall be fiita! and conclus1:ve unless, with.
~ñ30 daY8lron~ the date of receipt af fruch copy, the Lessee mailiJ or otherwise fuT/l.ishes to the
1~iliå officer a written appeal add,'essed to the Secretary of the Army. 'The dedsion of the Sec-
retary or his duly authorized rcl)resentatit'e for. the determ,ination of s!j.r:.h appeals shall be firnll
"ána'èonclusive unùs8 dete'rmined by a COUt't of corapet~nt iurisdidìon to have been fraudulent,
r r v,.".'. ' ". . '
,'pt; .~apricÙ:ms, fYl'arbitra:ry, or so gl'ossly erroneO!L3 aßnece3~al'ily to imply bad faith, 0"" not
'Bûpp6rted by substantial evidence. In ccm..nectÙyn with an11 appeal proceeding under this con-
t~i!#:~,}~e.. Le~see sÌÛ¿ll be afforded un,opportunity to l?eheard"and tq offer.evide.nce in, support
. i){ itsa;ppeal. Pen...dinu final decision of a dispute ker8u.nd€r, the Les3ee shaU proCfJed diligently
ie,., '. " . .
_,pith the performance of the contract and in a,ccordance with th¡¡ said officer's deci8iol'..
~;L,:.tc'~.~Co(b) This Condition dogs not preclude consideratitYt1.of law.qu€atio1Z-s,Ú¡ c()nn€ctio~ with
v. (,.' I,.' .'. ... '.. .'.. ..
deciSionaprov'ided for in pa:hlgraph (a) abovè:- Pro'vided, that nothing in this Condition shall be
.,.,çpr&tr.ué'â M 'makinrj ft:nâl the de'cisiðtì òf any adminiatrutwe ofj'ù--ial, repl'e8~ntati've, or board on
rn.n"e'o.#..'¡,yJl'Q'..flaw" '/.è ",' ."'r,.' ",:,,'.,..,.:", ;"'.. ".'.' ~'.. .'.." ','"
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~T~¿,;',J$. ThaUhislease'ma.ybeterrnìnatedòythe lessee at any ti:mè by giving ta the Secretary
all!:.th'e)~r1nY, through the said officer, at least ten. (1.0) days' natic€ thèreof in writing,' P+-9-
o;t i1,~~l ffm~~Ú ðf ':ntà tá1i:Üidti81't, 1t8 ulu".A. /Jtt-ths. Un:t()drSifI,~e8 ()¡'~!!.~;e~t~
hêPf!-t~,.!Jhali be made, an;Jprov'ided /tiNher, thatm thU1:<"Y/t tJ.~rotîce 1$ not gwen at least
ten: (M) days'P1'ior t~tð:l-v:iræï!ãfë, the lessee shall be required to pay the rental for
Pl.t~j¡~rtrJfrÚl,lt: m ;Tt{)U/n : ~ Cmtditim~ Nø.l h6/'-e4., ,:...' "c"" r..' -
. 16. That the use and occupation of the premises teased hereby shall be subject to the
u .gerr.era'l suiier'l.'ision and appro'va.l of the offic-er having immediate jurisdiction over the property
: i'and t,o such rules and regulations as may be prescribed by him ¡rom time to time,
ie",.', ,17, That the lessee shall pay the cost, as detr!rmined by the officer having immediate
"z."4urisdiction over the property, of producing '.lndlar supplying any utilities and othe1' services
1,'j1l."rniS1i.èd.' by the Government or through GO'IJernment-owned facilities for the use of the lessee,
including the lessee's proportionate slw.re of the cost of operation and maintenance of the Gov-
,,).ernmènt-owned faÓlities by which such utilities or services are produced or supplied... The
"- Government shall be under no obligation to furnish utilities or services. Paym.ent shall be
made in the method prescribed by the officer having immediate jurisdiction over the property,
upon bills rendered monthly.
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18, Thttl-fo-r ;¡,u;h !irriod as the hMcr in in ,'¡(]SU( U¡;"-ON ( . " , "
the provisions and conditions oj this lease the lessee shall procure and maintain at its '-' a
standard fire and extU1dcd roveragl? insurance policy or policies 011 the lensed j¡Jcrty to
the full insurable value thereof. The lessee shall prOC1l1'e such insurancr. fro ny responsible
company or companips, and furnish either the original policy or poliri ' or certificate of in-
surance or certificates of insurance to the District El/uineer, TI Joliey or pol¿cies evidenc-
ing such insurance shallprO1:ide that in the event of loss thr' .ndrr the proceeds of the policy
or policies, at the election of the Government. shall b' Iyable to the lessee to be u.c:;ed solely
, for the repair, restoration or replar:cment of the)' Jcrty r!mnaged or destroyed, any balance of
the proce('ds not required for the repair,re. ation, 01' replacement of the property damar;ed
- or destroyed to be paid to the Go'vern , and that i>1 the event the Government does not elect
by notice 1'n writing to the insur. within 60 days after the damage or destruction occurs to
have the proceeds paid to t cssee for the purposes hereinabove set forth, then such p,'oceeds
shall be paid to the G anmcnt, pro~'ided, h01l.:crcr, that the insurer, after payment of any
proceeds to the' ,ee in accord(lnce leith the prorisions of the policy or policies shall have no
'obligation lability with respect to the use or disposition of the proceeds by the lessee.
,. - Noth' erein contained shall be construed as an obligation upon the Gourrnment to repair,
' . 'j9ropo'ty-,e-¡:. fll'l!J 'fJft¡'t therf(:J f. "
r'.~""" 19. That no Member of or Delegate to Congress or Resident Commissioner shall be
C' admitted to any share or part of this lease or to any benefit to arise therefrom. Nothing,
("..;. hO1veVer, herein contained shall be construed to extend to any incorporated company, if the lease
r:.;be for the general benefit of such corporation or company.
i:r:.'" :..ft0..4.Aat, OJ; or~~.g..-4aJ;~ of exp.Ì+4ti~hi8 lea$€ Or its.-
~.....-the lessee shall at its cast vacate the leased property, "emove the property of the lesse cere-
- frQm, and restore the leased property to as good order and condition as thftt eXl . 9 upon the
t:date of commencement of the term of this lease, less ordinary wear an~nd damage to
lí:"t,he, .~eased, property covered.. by ~nsu"a1'tce a,nd for which the, Gol'e~nt sh,al! receive Or has
!¡x"ewed . mSOijrance funds 1n lteu of hÁlV¡ng the damage~1"'b'Perty repaIred, replaced, or
l1;1J':stored.: ~ If, hQwe~7er, this lease is revoked, the lessee l vacate the lea.<;e~ property, remove
,:;,:.OI:€. property of the lessee therefrom, and resto,' Le leased property to the condition aforesaid
rct!-'ithin such. ti'me as the Secretary af the y may designate. In either erent, if the lessee
(1~,s~íl jail or neglect to remove t~ perty' of the lessee and so restore the leased property,
o.,tI!e..1l.,-?<ßth~. o.ptiçm:of the Sepdary of the Army, the property 0; the lessee sMll either become
f!JIJ:~:PtOPqt,~:Ofthf! !)!liféáŠtates WithOl,tt com,pensation therefor, or the Secretary 01 the Ar"'!y
è:!!81{, ca~s,~ ~e--r;mo'Ved and the leased proper.tyto be ,so. restored at tht: expen.~e of tlte
o:l~~~~~1 .a1Jd. nq.c(aiJn jordamages agc.,il1.st the United State:; or its offi"~ers or agents slto..1ll be
~,fteL~Y,9>"maíÌø .Q;~~~e:P.u))NÛ8.7l-d rcstúratÙm It'm"le;
" 20"r(ALff.RNATBj. Tl'ult, an or before the dateD! expiration of this lease or its tamina-
¿.!~r¿:~Py. at€)~ssee,theì.essee shall '/.'acate the demised. premises, remove the property of the lessee
cfJ.ft.-ce.r,e.fT~"!:t afl.if-J€storf;the ¡ne..mise:s.to as good order and <xmdition as that existing Upon the date
a 9f,~,~gm~lf;.'~c~ment of the term, ot t,his lea, se,", dam~ges be,I,.'f?~d the contro! of the !e~see and due to
/àl'1; ,wea"'...and, tear e:u:epted.- ft, ho'U,"ever" thIs. lease "s revoked, the lessee shall l,acate the
(jrP(f!¿m~~~J.remQ1Je said property therefrom, and restore the pi'èm£u8 to thé condition aforesaid
1:',1fi~}I1"1l~.çuèh.tim.e,as.tJ!e-Seereta.,.y a/tite Army maydcsignate. In ëitherevent, if the lessee
pf}/lp.4rfr.rilor neglecHo remQ1!e said property an_t!sQ restore'the premises, then, at the option of
t€~~ §,ecreta'fY {)f the r1_~y.said property shall either becometh'e property of the United States
t~t ,compenBation,there!or; 'or the Secretary of the Army rrwy cause it to be remcved and
thé p!erp.s,f.R to. be:, restored at the expense of the lessee,- and no claim for damages against the
r¡f!'f.I,..,iied ,States or its officers or agents shall be created by or 'made On account of such removal
~~r"td.rest()rati()n work. . . , , . ,.
1~1. /(It.at If ntðr, tM.1t till? le.~3ai3 ~cd Ùtthis le8..3e 'h~-eèlifJf!.tÙ:m,.<j (If sai.,1. les:u?u
,~!Jtð(J"'tf1.Ù'1.ed 3~e feint ßw.d 8evcrél! &èli{JRtie1lø.., .
I i:;n<f, 2'_:~,',~.t,:" ~xC~,Ptas ~th.erwÎ.$e spe~¡"ft(;ally provid~, any re(erence herein to "Di,1'I's~oR
¡~-n!1»te~: " DLStrzct Eng!neer" or "said office 1"'. shall mclude Jus duly appomted successors
~ kis,.autlwTized representatives. . , . . - '
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23. Toot all notices to be given pursuant to this lease shall be add1'essed, if to the lessee to
City Manager, City of Virginia Beach, Municipal Center, Virginia Beach,
Virginia 23456
..
; if to the Government to the
District Engineer, U.S. Army Engineer District, Norfolk, 803 Front Street,
Norfolk, Virginia 23510,
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St:.:i. ,,~'"':, PÌ'ior to execution of this -lease, Conditions 1, 13, 18, 20, 21 and 25 were
.. 0- tr.~;t, ;z~ :Åeleted,.Conditions 4, 15 and 22 were altered and Conditions 26 through.;$4 35
° -ti1¡t 1r""o,;~were added. 7,10, l2
- . ". '. ,. - . - -
or as may from time to time otherwise be directed by the parties. Notice shall be deemed
to OOve been duly given if and when inclosed in a properly sealed envelope, or wrapper, addressed
as aforesaid and deposited postage prepaid (or, if mailed by the Government, deposited under
its franking pri'vilege) in a post office or branch post office reguÚlrly maintained by the United
-States Government.
:24. The lessee warrants that no person or selling agency M.l~ been employed or retained
to solicit or secure this lease upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fce, excepting bona fide employees or bona fide cstabli.shed commercial
or selling agendes maintained by the lessee for the purpose of secur-ing business. For breach
..;.- - -M' vwlation. of this u'ananty the Government shall have the right to annul this lea..~e without
liability or in its discretion to require the lessee to pa,y, in additwn to the lcase rental or
- - consideration, the full amount of SItch commission, percentage, brokerage, or contingent fee,
,::,-; - .-., - f5. That in (1,., ('1'(?'YIf tht> U"1i.fJ'n ,~ta.t('.> 1'Cl','(-n t,l¡'~.8-"<H: i'/'t any othBr mlm1'!~ý' ~w.t8n:"l~
U", ,..-:" reduces the area covered the1'eby 1)1"1,01' to the date of exp!1"':zttOn there~~¡¡,d:(J,vle aa}ust-
rc,:..: ment in the rental paid or thereaftcT ~mdr:.1 tlfls lease shall be rtUlde: Provided,
rfS"-~,- however, that this .J):r~~-hv:tt-r¡:¡¡t apply in the event of revocation because of a breach
or : ': ~....~t1l=t)¡8 6U£.... r;;f ,¡;y (if the te.'D.1:1.S. rrrul t'¡)2~fJi.tiQ..!J..;i flj this.1ec:.s.e....
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This lease is not 8ubject to Title 10, United States Code, Section £661.
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26. That use of the property described herein shall be available to the general
public on Friday, Saturday and Sunday of each week beginning on the Friday before
Memorial Day and ending on Labor Day of each year and in addition the areas ahall
be made available on Memorial Day, Independence Day and Labor Day of each.year.
In the exercise of the pr'ivileges herein granted, on the days stated the lessee
shall restrict such use to the hours between sunrise and sunset and shall cause
the premises to be secured at sunset and remain secured between the hours of
sunset and sunrise.
27. That with the exception of those days enumerated above the Government reserves
the right to use the demised premises for training purposes and in the use thereof
may construct either temporary or permanent fixtures as may be required for such
training, said structures and/or fixtures shall be protected by the lessee in
accordance with Condition 9 above.
28. The lessee further agrees that in the event of a military emergency and upon
notice by the officer having immediate jurisdiction over Fort Sto~y to the City of
Virginia Beach, that a military emergency exists and that the area is needed for a
military purpose, to immediately take action to vacate the premises and secure the
area from usage by the public until notified that the emergency no longer exists.
29. That the lessee understands that the use herein authorized shall be for
recreational bathing beach purposes only and the following restrictions shall
be enforced, no surfboarding, beaching or launching of boats and no pets shall
be alloVIed.
30. That the lessee shall take all normal safety precautions in activities
authorized herein and shall provide at no cost to the Government adequate life-
guard supervision, together with movable lifeguard towers, Harning markings for
all danger points in the water and suitable signs prohibiting the use of surf-
boards and watercraft, and shall take Drecautions to insure a healthful and safe
use of the areå, including adequate sa~itation and trash collection receptacles.
31. The lessee agrees to protect) repair and maintain at no cost to the Government
the existing 6 foot high chain link fence, presently located along the south,
west and north boundary of Parcell and also agrees to extend the north boundary
. fence in an easterly direction to a point where the northern boundary meets the
mean low water line of the Atlantic Ocean, of the said parcel, said point to
be established by the Facilities Engineer at Fort Story. The said fence shall
be no less than 6 feet high and no less than number eleven chain link with no
more than 10 feet between posts. The lessee may further construct a lockable
gate on the fence currently serving as the southern boundary between Fort Story and
the City of Virginia Beach. The lessee further agrees that the said fence shall
be maintained in good condition at all times and in the event this lease is
terminated by either party at any time the said fence installed by the lessee shall
become the property of the Government.
.
INITIALS:
Grantor
Grantee
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32. That prior to the exercise of activity herein authorized, the lessee will
provide adequate parking areas in two lots prepared and maintained in the
following manner:
a. Lot "A" will be provided within Parcel No. 1. The area' presently .cleared
for use of parking will be prepared and surfaced in a manner acceptable to the
officer having immediate jurisdiction over the property.
i
b. Lot "B" which is presently a gravel parking area of 34,800 square feet
and within the bounds of Parcel No.2 will be maintained. repaired and kept in
as good a condition as it presently exist throughout the term of this lease.
33. The lessee or its contractors shall not discriminate against any person or
persons because of race, creed, color, sex or national origin in the conduct of
its operation hereunder. The lessee will comply with Title VI of the Civil
Rights Act of 1964 (78 Stat. 241) and Department of Defense Directive 5500.11
issued pursuant thereto and published in Part 300 of Title 32, Code of Federal
Regulations.
I 34. The United States shall retrocede such legislative jurisdiction over the
leased area as the Secretary of the Army deems necessary or desirable to
relinquish and the said rètrocession shall take effect upon acceptance thereof
by the Governor of the Commonwealth of Virginia or in such other manner as may
be prescribed by the laws of said Co¡;unoTI\ieal tho
35. That at the time of the commencement of this lease, the lessee
will obtain from a reputable insurance company, acceptable to the
government, and carry liability or indemnity insurance providing for -
minimum limits of $50,000 per person in anyone claim, and an
aggregate limit of $150,000 for any n~~ber of persons on claims
arising from anyone incident with respect to bodily injuries or
death resulting therefrom, and $5,000 for damages to property suffered
or alleged to have been suffered by any person or persons resulting
from the operations of the lessee under the terms of this lease.
INITIALS:
Grantor
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Grantee
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ITEM #9670
Petition of Vanguard, Inc., for a Change of Zoning District Classifi-
cation from R-5 Residential District to 0-1 OììIce DIstrIct on certain
property located at the Northwest intersection of Laskin Road and
Cardinal Road, running a distance of 652.4l feet along the North side of
Laskin Road, running a distance of 263.9l feet along the Western property
line, running a distance of 664.24 feet along the Northern property
line and running a distance of l52.28 feet along the West side of
Cardinal Road. Said parcel contains 2.8 acres. (Birdneck Area).
LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of
lO for, the motion and 1 abstention to approve this request.
For the information of the applicant, prior to the issuance of a
building permit, the following will be required by the administrative
staff:
- -
,- 1.
Standard site improvements as required by the Site Plan Ordinance.
2;, City water and sewer.
.' - ',- "
c; 0' - - ~,'
~.- 3. No future median crossovers will be permitted along Laskin Road.
:', -, - '
:5 A~ -Ä 15 foot wide buffer will be required along the rear property
~¿;,,_~:line to provide for the privacy of future homeowners to the north.
:S-. 5 ,;;::-::AJ) -lighting ,is, to be <;lirected away from the adj acent res idential
,',-" -district.
:,,~-Fl.r['fher~ thisÒrdina.nceshall be effective upon satisfactory compliance
;;~ JA~~~~~ _C:òl1di.:tio~~ }mposed ~11,. this motion, and it is unders tood and agreed
~o by the Applicant that the official change on the zoning maps will riot
35.be'::IJl.qqe:~nti:l the:fQ£lowing'conditions are satisfied:
'..:i.::'::' ç::---::.,':,:~:- -:""-:--:: ..",-,~:::---,~
GOV:::?:'::~" ~_dedica 1:~ion- òf__right -of -way 70 fee t from the centerl ine of the
r;::::..:-:':::- ~~isting:l20,foot right-of-way along the 652.41 foot frontage
a<;c:cec'" -::.Qn J~ßs~irLRQa,cl (a .10 - foot dedication).
a~~:"'Sl~::: :::C:', ¿'.:',":::",- l:-,::_':':,:',::, ,
õ.eôll,1.e.:-tqlJ,Q.~J.1?-g 'ßP'peaT~cl/iIl,faVQr of this appl ica tion:
0:- ¿2..,>::-.:,:; ::' - -:":: :' :: c' ::::.:--':
frc¥rt:::Qi~k:~ro:wI!e.r, =-~ar~d, Pl.aItne-r.
Mr. Frank Butler, representing the Birdneck Point Civic League.
I~:::::~I!.---~~tion 'lJy Councilman Griffin, seconded by Councilman Gardner, and
oy recorded vote as follows: '
r....-~...~~
"-~iés: Councilmen John A. Baum, Robert. H. Callis, Jr., Robert B.
~r~Çrgmwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
~---.roliñ R--.--Grif-fìn', Clarence A. Holland, J. Henry ~fcCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
City Council approxedthe following Ordinance upon petition of
Vanguard, Inc., for a Change of Zoning District Classification
from R-5 Residential District to O-l Office District:
ORD INANCE UPON\\PET ITION OF VANGUARD, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIF~
ICATION FROM R-5 Residential District TO
O~l Office District.
Be it ordained by the Council of the City of Virginia Beach,
Virginia, that:
20576169
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Petition of Vanguard, Inc., for a Change of Zoning District Classifi-
cation from R-S Residential District to 0-1 Office District on certain
property located at the Northwest intersection of Laskin Road and
Cardinal Road, running a distance of 652.4l feet along the North side
of Laskin Road, running a distance of 263.9l feet along the Western
property line, running a distance of 664.24 feet along the Northern
property line and running a distance of 152.28 feet along the West
side of Cardinal Road. Said parcel contains 2.8 acres. (Birdneck
Area). LYNNHAVEN BOROUGH.
For the information of the applicant, prior to the issuance of a
building permit, the following will be required by the administrative
staff:
I.
2.
Standard site improvements as required by the Site Plan Ordinance.
City water and sewer.
3.
4.
No future median crossovers will be permitted along Laskin Road.
5.
A l5 foot wide buffer will be required along the rear property
line to provide for the privacy of future homeowners to the north.
All lighting is to be directed away from the adjacent residential
district.
Further, this Ordinance shall be effective upon satisfactory compliance
to the conditions imposed in this motion, and it is understood and
agreed to by the applicant that the official thange on the zoning maps
will not be made until the following conditions are satisfied: .
A dedication of right-of-way 70 feet from the
centerline of the existing 120 foo~ right-of-way
along the 652.4l foot frontage on Laskin Road (a
10 foot dedication).
ITEM #967l
Petition of F. Patr.ick Kavanaugh for a Chan~of Zoni~J2Jstrict
Classification from R-l Residential District to R-4 ResIaential
District on certain property located on the East side of Great Neck
Road beginning at a point 830 feet more or less North of River Road
running a distance of 92l feet more or less along the East side of
Great Neck Road, running a distance of lOlS feet more or less along
the Northern property line, running a distance of lS7 feet more or
less in a Southerly direction, running a distance of 600 feet more or
less in a Southeasterly direction, running a distance of 350 feet more
or less in a Southwesterly direction, running a distance of 200 feet
more or less in a Westerly direction, running a distance of 490 feet
more or less in a Southwesterly direction, and running a distance of
898 feet more or less along the Southern property line. Said parcel
contains 27.8 acres more or less. (Chelsea-Green Hill Farm Areas).
LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 10 to deny this request due to the opposition of the residents
in the area.
Mr. Thomas C. Broyles, Attorney, appeared in favor of the application.
The following persons appeared in opposition:
Mr. Jerry Harris
Mr. Grover Wright, representing Great Neck Association of Civic Leagues
Mr. Lee LeCompt, on behalf of the Residents of Green Hill Farm.
Mr. Albert W. Balko
.._~....m'
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Councilman Griffin made a motion, seconded by Councilman Holland,
to approve the above petition of F. Patrick Kavanaugh for a Change
of Zonin District Classification from R-I Residential District to
Resl entlal Dlstrlct mo i ied from R-4 Residential District)
by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Vice Mayor George..R.
Ferrell, John R. Griffin, and Clarence A. Holland.
I
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Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Charles W.
Gardner, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
, Absent:
None
The above motion was lost.
ITEM #967l (a)
Councilman Standing then made a motion, seconded by Councilman Baum,
to approve the above petition of F. Patrick Kavanaugh for a Change
of Zoning District Classification from R-l Residential District to
R-3 Residential District (modified from R-4 Residential District)
with the submittal by the property owner, or his attorney, to the
owners in Green Hill Farm, stipulating exactly what's shown on the
plat presented to Council today with the amendment as shown for the
I lot change on Green Hill Road by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Charles W.
Gardner, Clarence A. Holland, Mayor J. Curtis Payne, Patrick L.
Standing, ,and Floyd E. Waterfield, Jr.
,
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Nays: Councilmen Robert B. Cromwell, Jr., Vice Mayor George R.
Ferrell, John R. Griffin, and J. Henry McCoy, Jr.
Absent:
None
City Council approved the following Ordinance upon petition of
F. Patrick Kavanaugh for a Change of Zoning District Classification
from R-l Residential District to R-3 Residential District (modified
from R-4 Residential District):
ORDINANCE UPON PETITION OF F. PATRICK 20576170
KAVANAUGH FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-I Residential District
TO R-3 Residential District.
Be .it ordained by the Council of the City of Virginia Beach,
Virginia, that:
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Petition of F. Patrick Kavanaugh for a Change of Zoning District
Classification from R-l Residential District to R-3 Residential
District (modified from R-4 Residential District) on certain
property located on the East side of Great Neck Road beginning at
a point 830 feet more or less North of River Road running a distance
of 921 feet more or less along the East side of Great Neck Road,
running a distance of lOl5 feet more or less along the Northern
property line, running a distance of l57 feet more or less in a
southerly direction, running a distance of 600 feet more or less
in a Southeasterly direction, running a distance of 350 feet more
or less in a Southwesterly direction, running a distance of 200
feet more or less in a Westerly direction, running a distance of 490
feet more or less in a Southwesterly direction, and running a distance
of 898 feet more or less along the Southern property line. Said
parcel contains 27.8 acres more or less. (Chelsea-Green Hill Farm
Areas). LYNNHAVEN BOROUGH
For the information of the applicant, prior to the issuance of a
building permit, the following will be required by the administrative
staff:
1. Standard site improvements.
2. Pu!llP station and City water and sewer
I 3. Improvements to Green Hill Road for a street
tie provided to the Chelsea subdivrsion.
4. Further, submittal by the property owner, or his attorney, to the
owners in Green Hill Farm, stipulating exactly what's shown on the
plat presented to Council today with the amendment as shown for the
I lot change on Green Hill Road.
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l..VUi'H...LJ...d'1}\!'j l..rU..LI.1ù LlLr.1 ~VU¡~l...LL l..ni\J'¡DL~ù.
ITEM #9672
On motion by Councilman Griffin, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
City Council approved the following tax refunds in
$348.0l.
., i
I:ax
y e ':l'~
,ummit Enterpris s 75
1AKE CHECK PAYABtE TO
T. A. Etheridge'ITreas
~ be applied to 75 RE
)~nd to Treas. 0 fice
I
Nays:
Absent:
Né.û:z
frank Weddle
John Jennings
1rs Frank Cox
)eborah Dye
:larence & Bobbi
JOI .
[n endence
[nves tors
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None
Councilman Robert H. Callis, Jr.
the amount of
- --"----
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¡~^G:1';~ .,.
tt:.o~ I Dz~e 1'~"J~se ren- !Ir:.te~¡ To';:'::':"
~\;o. i ?éndJ~ ::::lty 1"'5';-' :
- ~-.;. - '--
, ri'y'" ~ ; '".1."' - :. -r-
... £oJ';:: I "'A
of Ticke~
Tax I NU::;~::?T
I
11-21-76 7.50
1-21-76 7.50
1-8-76
1-8':76
1-26-76
12-30-75
7.50
1976 CD {.! 52901
1976 CD if 52902
1976 CD {I 130187
1976 CD {þ 23900
1976 CD {f 4914
76 CD il 12031
15.00
3.50
7.50
15.00
1974
,
9.65 10.14
19.79
if: 065390
RE
4-26-76
RE
if 056147
1st & 2nd
279.72
6~2-75
12-5-75
139.86
139.86
f} 56 48
ttn: Ken Ne1so
Abdve applications' for refu:~d of taxes approved.
þ
. ~
Above abatements totaling ,1ft. ð J
Approved by
D
~tA
l..i~y Ai.:tor~~y
...........~-"'--_.-..__.~-
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ITEM #9673
On motion by Councilman Gardner, seconded by Vice Mayor Ferrell,
and by recorded vote as follows:
Ayes: Councilman John A. Baum, Robert
George R. Ferrell, Charles W. Gardner,
Holland, J. Henry McCoy, Jr., Mayor J.
Standing, and Floyd E. Waterfield, Jr.
B. Cromwell, Jr., Vice Mayor
John R. Griffin, Clarence A.
Curtis Payne, Patrick L.
Nays:
Absent:
None
Councilman Robert H. Callis, Jr.
City
land
Council approved the following Ord~nance de~laring
in the Kempsville Borough as descrIbed hereInbelow
AN ORDINANCE DECLARING. 262 ACRE OF LAND IN THE
KEMPSVILLE BOROUGH AS DESCRIBED HEREINBELOW EXCESS
.262 acre of
excess:
BE IT ORDAINED BY THE COL~CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, Virginia Beach Investment Company did dedicate to the City of Virginia
Beach .262 acre of land shown as Parcell, on that certain plat entitled "Plat Show-
ing Street Closure and Excess Right of Way on Providence Road By City of Virginia
Beach, Virginia," dated April 6, 1976, Scale: 1" =: 50'. prepared by the Engineering
Division, Department of Community Services, City of Virginia Beach, Virginia, said
plat being attached hereto as Exhibit "A" and
WHEREAS, the dedication of said parcel was for use as a connector to Old Provi-
dence Road, and
WliEREAS, it has been determined that the said parcel is no longer needed or re-
quired for the purpose for which it was dedicated, and in the opinion of the Council
of the City of Virginia Beach, the said parcel is now excess of the needs of the City,
and
WHEREAS, it is now considered suitable to dispose of the said parcel and return
the same to the dedicator.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
I as That the City Manager i~ hereby authorized to convey the said .262 acre of land
described on the aforementioned plat as Parcell to Virginia Beach Investment Company,
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reserving therein any and all easements pertaining thereto.
This ordinance repeals any ordinance in conflict herewith.
An emergency exists and this ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on the
24
day of
Hay
,1976.
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ITEM #9674
I
On motion by Councilman Gardner, seconded by Vice Mayor Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council approv~the following Ordinance closing, vacatin~ and
discontinuing a portion of Old Providence Road and adjacent rlght-of-
way parcels, located in Kempsville Borough, City of Virginia Beach,
Virginia:
On motion made by Mr. Gardner
, seconded by Mr. Ferrell
and by
recorded
vote, the following Ordinance was adopted:
I AN ORDINANCE CLOSING, VACATING AJll) DISCONTINUING A PORTION OF OLD PROVIDENCE
ROAD AND ADJACENT RIGHT-OF-WAY PARCELS, LOCATED IN KENPSVILLE BOROUGH, CITY OF
VIRGINIA BEACH, VIRGINIA.
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WHEREAS, it is the judgment of the Council that certain portions of said Old
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Providence Road and adjacent right-of-way parcels should be closed, vacated and
discontinued.
NOW, THEREFORE, BE IT ORDAINED, BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section I:
That that portion of the said street known as Old Providence Road
and adjacent right-of-way parcels and located in the City of Virginia Beach, Virginia,
as hereinafter described, is hereby closed, vacated and discontinued as a public
Istreet in the City of Virginia Beach, Virginia, said portion of said street not being
needed for public use or travel:
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ALL THAT certain portion of Old Providence Road and adjacent
right-of-way parcels located in the City of Virginia Beach,
Virginia, as shown together as Parcel 2, Parcel 3, and Parcel 4
on that certain plat entitled "Plat Showing Street Closure and
Excess Right-of-Way on Providence Road By City of Virginia Beach,"
dated April 6, 1976, Scale: I" = 50', prepared by the Engineering
Division, Department of Community Services, City of Virginia Beaèh,
Virginia, said plat being attached hereto and made a part hereof,
and with reference to which plat said portions of Old Providence
Road and adjacent right-of-way parcels are bounded and described
as follows:
Begin at a point at the easternmost point of intersection of the
northern boundary of New Providence Road and the property designated
"Ella L. Webb, DB. 871, PC. 491"; and from said point of beginning
thence N 77° 17' 53" E, a distance of 214.84 feet to a point; thence
S 12° 42' 07 E, a distance of 20 feet to a point; thence N. 77° 17'
53" E, a distance of 330.42 feet to a point; thence S 12° 42' 07" E,
a distance of 30 feet to a point; thence S 77° 17' 53" W, a distance
of 304 feet to a point on the northern boundary of New Providence
Road; thence along a curve to the left having a radius of 845.00
feet, and an arc distance of 292.14 feet to the point of beginning.
Section II:
That this Ordinance shall be in effect from and after thirty (30)
days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
24
day of
May
,1976.
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ITEM #9675
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council approved an Ordinance accepting a deed of easement from
the Commonwealth of Virginia, Department of Military Affairs, for a
SO-foot easement extending from General Booth Boulevard to the M. L.
Fentress Estate tract. The tract is zoned R-5, and the only access
was made through the State's property from General Booth Boulevard.
AN ORDINANCE ACCEPTTIJG A DEED OF FASEMENr
FR!:X>'I THE CCMvIONWEALTH OF VIRGTIJIA, DEPARI'MENI'
OF MILITARY AFFAIRS FOR STREEl', HIœ~ AND
UTILITY PURPOSES AJ."ID PURPOSES IN:IDENTAL THEREro
WHEREAS, the Ccmronwealth of Virginia, Department of Military
Affairs has conveyed to the City of Virginia Beach a certain 50-foot easement
for street, highway and utility purposes and pur¡;:oses incidental thereto ex-
terxling fran the M. L. Fentress Estate Tract to General Booth Boulevard am
it is to the interest of the City that said deed be accepted, therefore,
BE IT ORDAnIED BY THE CITY COUN:IL OF THE CITY œ VIRGINIA
I!I'!r
r;
~, VIRGTh"'IA:
That a certain Dc.->ed of Easement dated Febrmary
,1976, fran
the Cattn::Jmlealth of Virginia, Department of Military Affairs to the City of
Virginia Beach conveying to the City a 50-foot easement shown on a plat en--
titled "Plat of 50-foot Perpetual Easerœnt Granta:1 to the City of Virginia
Beach by the Ccmrorwealth of Virginia, Department of Military Affairs located
in Lyrmhaven Borough, Virginia Beach, Virginia", attached to arrl to be record-
ed with said deed exterrling fran the M. L. Fentress Estate Tract to General
Booth Boulevard, be arrl the same is hereby accepted, subject to the conditions
in said deed, arrl the City Manager is authorized a.rrl directed to record said
deerl in the Clerk's Office of the Circuit court of the City of Virginia Beach,
Virginia.
This Ordinance shall be effective fran the date of adoption.
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AGREEMENT
THIS AGREEMENT, by and between MARJORIE F. IJ\NE, JUNE F. DeroRD
and JANET F. SPEIGHT, parties of the first part, and the CITY OF VIR:;INIA
~, party of the second part,
WITNESSETH:
WHEREAS, the parties of the first part are the owners in fee
sinple of a certain tract of land identified as the M. L. Fentress Estate,
9.314 acres, on the plat of the 50-foot perpetual easerent of ingress and
egreee granted to the City of virginia Beach by the Cartronwealth of Virginia,
Department of Military Affairs, said plat to be duly recorded, and
mEREAS, the parties of the first part desire the City of Virginia
Beach to accept the easement shavn en said plat in order that they may have a
pez:manent fixed access for ingress and egress to said tract of land from
General Booth Boulevard.
N:M'IHEREEURE, in consideration of the acceptance of a deed fran
the CatrrorMealth of Virginia, Department of Military Affairs, to the City of
Virginia Beach conveying to the City a perpetual ea.serœnt fran street, highway
and utili ties purposes and purposes incidental thereto in and over the 50-foot
perpetual easanent shown on said plat and the recordation of said deed and plat,
the parties of the first part agree as follcws:
Upon any iIrprovaænt or subdivision of the said M. L. Fentress
Estate Tract shown en said plat the parcel of land covered by the easement
shewn on said plat shall be improved by the œners of the said M. L. Fentress
Estate Tract, as required by ordinances and regulations of the party of the
serond part, as if the parcel oovered by said easement were a part of the M. L.
Fentress Estate Tract.
This covenant shall run with the land .
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IN TESI'1M:NY WHE.1ID)F, witness the signatures arrl seals of the
parties of the first part this ~rd day of March, 1976.
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)orl.e F. Lane
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June . DeE'
(SEAL)
(SEAL)
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Janet F.
(SEAL)
STATE OF VIRGINIA ~
"~/ClTY of ;¡IR~INIA,1¡¿1t(H, to-wit:
The foregoing instrl..D:oent was acknCMledge.d before IÆ: this ?-:Zt?ld
day o£ March, 1976, by .Harjorie F. Lane.
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No~~lim >/
My carmission expires:-,,/' . 1-1, f 7 78
.
STATE OF VIRGINIA
~CITY of Virginia Beacl) to-wit:
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The foregoing instrument was acknaÑ1edgErl before Ire this ,""y..4
day of March, 1976, by JUne F. DeForof)jJ ¡: ~ l
Notary . c.,
My camdssion expires: _.--1-::! 1-"-: /' .f:.
. --
sr.ATE OF VIRGrnIA
.auImi/ClTY of Virginia Beach, "to-t.ô.t:
.ÀJP
-:' .' The foregoing inst:rtIIrent was acknow1edgerl before me this ~,e
day of March, 1976, by Janet F. Spei9hY, , . --
. Wi /~~/ ~.
Notary PuJ5 ]. 7" ~
My' a::mnission expires: ) ...,.;..... ð
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APPROVED AS TO CONTENTS
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E?ARTMENT
AP \ RO pN 11.;9 FORM
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(' . NATURE
'tTv ATTORNEY
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I¡ THIS DEED OF EASEMENT, made and entered into this 17th day
II
¡I of February, 1976, by and between the CO11MONWEALTH OF VIRGINIA,
¡ DEPARTMENT OF MILITARY AFFAIRS, party of the first part, and
ITHE CITY OF VIRGINIA BEACH, a municipal corporation, party of
I the second part.
WHEREAS, pursuant to §§ 2.1-5 and 2.1-6 of the Code of
Virginia (1950), as amended, the party of the first part has
obtained written recommendation and approval of this conveyance
from the Director of Engineering and Buildings and from the
Governor of. Virginia and has obtained approval as to the form
of this instrument from the Attorney General of Virginia, as
I evidenced by the signatures hereon of H. Douglas Hamner, Jr.,
Director of Engineering and Buildings, Mills E. Godwin, Jr.,
Governor, and Andrew P. Miller, Attorney General;
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WITNESSETH:
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That for and in consideration of the s~~ of One Dollar
($1.00) cash in hand paid by the party of the second part to
,
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¡ the party of the first part I receipt of which is hereby acknowl-
edged, the party of the first part doth hereby convey, without
,
i warranty of title, to the party of the second part a perpetual
'I easement for street, highway, and utility purposes, and purposes
incidental thereto in and over a certain parcel of land located
, at the State Military Reservation, Camp Pendleton, Virginia,
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II and described as follows:
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ALL that certain parcel of land shown on a
plat prepared by Wilfred P. Large, Surveyor,
Norfolk, Virginia, dated September 25, 1975,
said plat entitled "Plat of 50-Foot Perpetual
Easement Granted to the City of Virginia
Beach by the Commonwealth of Virginia, Depart-
ment of Military Affairs located in Lynnhaven
Borough, Virginia Beach, Virginia," said plat
to be recorded simultaneously with the recorda-
tion of this deed and said parcel being more
particularly described as follows:
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A 50-foot perpetual easement for street,
highway, and utilities purposes, and purposes
incidental thereto, beginning at a point in
the Western line of General Booth Boulevard,
in the City of Virginia Beach, Virginia,
which said point is 967.79 feet northeasterly
from the northern line of South Birdneck
Road, and from said point of beginning
running North 67° 28' 38" West, 103.32 feet;
thence North 82° 02' 02" East, 49.26 feet;
thence North 42° 42' 58" West, 59.67 feet;
thence South 67° 28' 38" East, 115.06 feet
to a point in the western line of General
Booth Boulevard; thence in a southwesterly
direction along said western line of General
Booth Boulevard 50 feet to the point of
beginning.
RESERVING, HOWEVER, unto the party of the first part the
right, in the event that an emergency is declared by the Governor
or Federal authorities, to restrict use of or access by way of
said easement at such times as it is necessary to do so in the
interest of military security, protection of military property,
or functioning of necessary military operations at the State
Military Reservation.
IN TESTIMONY WHEREOF, the Commonwealth of Virginia, Depart-
ment of Military Affairs has caused this deed of easement to
be executed by Major General William J. McCaddin, the Adjutant
General.
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF MILITARY AFFAIRS
By
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illiam J. cCaddin
Major Gen ral, VaARNG
The Adjutant General
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I, Mills E. Godwin, Jr., Governor of Virginia, pursuant to !
§§ 2.1-5 and 2.1-6 of the Code of Virginia (1950), as amended, do I
hereby approve the execution of this deed of easement.
APPROVED AS TO FORM:
For:Gove or of Virginia
By: Maurice B. Rowe
Secretary of Administration &: Finance
~i.~
Attorney General
STATE OF VIRGINIA,
CITY OF RICHMOND, to-wit:
I, ßILl./Af'II
13. TtMßé~I..~.j(é
, a Notary Public
in and for the State of Virginia at large, do certify that
William J. McCaddin, Adjutant General of the Commonwealth of
Virginia, whose name is signed to the foregoing deed of easement
bearing date of February 17, 1976, has this day acknowledged
the same before me in the City and State aforesaid.
Given under my hand this Z~~ day of A?~~&H
My conunission expires: II) / /If/I!:, / 1'171
, 1976.
APPROVED AS TO CONTENTS
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Notary Public
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ITEM #9676
I On motion by Councilman Griffin, seconded by Councilman Standing,
and by recorded vote as follows:
Ayes: Councilman John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
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Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council approved an Ordinance to amend Article IV, Chapter 22,
of the City Code pertaJning to City Motor Vehicle Licenses by adding
a'new section 22-74.2
"" "
AN ORDINANCE TO AMEND ARTICLE
IV OF CHAPTER 22 OF THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA3 PERTAINING TO CITY
MOTOR VEHICLE LICENSES BY ADDING
'-,.'--c'A-:~~w.,,~ECnQN 22-74.2
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BE IT -eRMINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
CC/Y~i~/':"-'Y'-" ':'-,_:~, :-,- c," .r',_:',,-' , .
VIRGINIA:
That Article IV of Chapter 22 of the Code of the City of Virginia
Beach, Virginia, is amended and reordained by adding thereto the following
'.
seétion:
;!t-~',
.Section 22-74.2. Display of city license plate on vehicle other than that
for which issued. .::.;::::" :--.
It shall be unlawful for ftJlJt(:per.s.on-to display, cause or permit to
7:",',==- C - .
be displayed any city license plate on~~nt~vehic1e other than the one for which
.:<":: .-
the city license plate was issued.&C~~C
An emergency exists, and this ordinance shall be effective from the
date of passage.
Adopted by the Council of the City of Virginia Beach, on the 24
day of
May
, 1976.
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ITEM #9677
Mr. Starr W. Cromwell appeared on his behalf.
appeared in OPposition to this application:
The following persons
I
Mrs. Jeane Cordle
June Trafton
Mrs. Lance Underwood
Mr. John Foil
On motion by Councilman Griffin, seconded by Councilman Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Vice Mayor George R. Ferrell, Charles
W. Gardner, John R. Griffin, Clarence A: Holland, J. Henry McCo~,
Mayor J. Curtis Payne, Patrick L. StandIng, and Floyd E. WaterfIeld, Jr.
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Nays: - None
Absent:
Councilman Robert H. Callis, Jr.
Councilman Robert B. Cromwell, Jr.
Abstain:
City Council voted to deny the appli~ation.of.Mr. Star~ Cromwell for
an Ordinance closing, vacating and ~lscontlnu~ng a 525 ! more or less
by lOO', more.o~ less, po~~io~ ~f FIrst ColonIal Road, In Lynnhaven
Borough, VirgInIa Beach, vIrgInIa.
I
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A 525', MORE OR LESS
BY 100', MORE OR LESS, PORTION OF
FIRST COLONIAL ROAD, IN LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA
,
b
WHEREAS, proper notice that Starr Cromwell would make application
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to the City Council of the City of Virginia Beach on March 22,1976,
~
to have the hereinafter described street closed, vacated and discon-
tinued as a public street of the City of Virginia Beach, was duly
posted at the Courthouse of the Circuit Court of the City of Virginia
Beach, Virginia, on the 8th day of March, 1976, and at two public
places in the City of Virginia beach; and
WHEREAS, said application was made to the Council and pursuant
to the statutes in such cases made and provided the Council, on
March 22, which was more than ten days after said posting of said
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I notice, ~pointed
and
,
as viewers to view said street sought to be closed, vacated and dis-
continued and to report in writing whether in 'their opinion, any, and
if any, what inconvenience would result from discontinuing the same,
¡¡
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and said viewers have made said report to the Council by their
letter dated
; and
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WHEREAS, the land proprietor affected thereby, along said
street proposed to be closed is the only adjoining land owner on
I saM street and consequently the only person affected by said
closure; and
WHEREAS, the Planning Commission has recommended this street
be closed, vacated and discontinued; and
WHEREAS, it is the judgment of the Council that the said street
should be closed, vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
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Section 1,
That a certain street located in Lynnhaven Borough,
I
City of Virginia Beach, as hereinafter described, is hereby closed,
vacated and discontinued as a public street of the City of Virginia
Beach, said street not being needed for public use and travel:
All that 525 feet, more or less, of what was
formerly First Colonial Road and lying south
of First Colonial High School the width of
that portion of said First Colonial Road sought
to be closed being 100 feet, more or less,
running westwardly from the formerly eastern
boundary of First Colonial Road, as shown
marked in red on Plat of Baldwin and Gregg,
Engineers, Surveyors and Planners, dated
May 1, 1973; and said portion of road proposed
to be closed lies in Lynnhaven Borough of
the City of Virginia Beach.
Section 2,
That this ordinance shall be in effect from
and after thirty days from the date of its adoption.
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Adopted by the Council of the City of Virginia Beach on the
day of
,1976.
ITEM #9677 (a)
On. motion by Councilman Griffin, seconded by Councilman Standing, and
by recorded vote as follows:
Ayes: Councilmen Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J.
Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
Councilman John A. Baum
Absent:
Councilman Robert H. Callis, Jr.
I Abstain: Councilman Robert B. Cromwell, Jr.
City Council voted to approve a design study for the intersection of
First Colonial Road as described in the above application of Mr.
Starr Cromwell.
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ITEM #9678
\
Mr. Garland Isdell appeared in favor.
The following persons appeared in opposition:
I
Mr. Sid Harris
Mr. Basil Groy
Mr. John Tierney
,
I.
On motion by Councilman McCoy, and seconded by Vice Mayor Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council voted to adopt the following Resolution authorizing the
construction, and payment of l5% of the cost of survey, plans, right
of way and construction for Princess Anne Road, Project 016S-l34-l02,
PE-1OI, R/W20, C-SOI from East Corporate Limits of Norfolk - West
Corporate Limits of Virginia Beach to 0.006 Miles West Intersection
South Parliament Drive.
RESOLUT1.°N
I WHEREAS, by Resolution adopted April 17, 1972, the City
has requested, authorized the construction, and agreed to pay
15% of the cost of survey, plans, right of way and construction
for Princess Anne Road, Project 0165-l34-l02, PE-lOl, R/W 201,
C-SOI from East Corporate Limits of Norfolk - West Corporate
Lind ts
of Virginia Beach to 0.006 Miles West Intersection South
Parliament Drive; and
WHEREAS, on March 25, 1976, a public hearing was held
in reference to the proposed Highway Development Project 0165-
134-102, PE-IOl, R/w 201, C-501, (Princess Anne Road) in the City
of Virginia Beach, Virginia.
I NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
. OF VIRGINIA BEACH, VIRGINIA:
1.
That the Virginia Department of Highways and Transportation
is hereby requested to proceed with the advertisement for construction
bids, on Princess Anne Road from East Corporate Limits of Norfolk -
West Corporate Limits of Virginia Beach to 0.006 Miles West Inter-
section South Parliament Drive as presented at the aforementioned
public hearing.
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ITEM #9679
On motion by Vice Mayor Ferrell, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Vice Mayor George R. Ferrell, Charles
W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., -
Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
I
N§lYs:
None
Absent:
Councilmen Robert H. Callis, Jr., and Robert B. Cromwell, Jr.
City Council approvedthe agreements of Virginia Electric and Power
Company for easements of right-of-way for the relocation of facilities.
The easements, as delineated on the VEPCO Plats Nos. R/W3l9l6, R/W319Zl,
R/W3l922, R/W31958 and R/W31960, are in conjunction with the Great Neck
Road, Holland Road, and Indian River Road projects.
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ITEM #9680
On motion by Vice Mayor Ferrell, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Vice Mayor George R. Ferrell, Charles
W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr.,
Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilmen Robert H. Callis, Jr., and Robert B. Cromwell, Jr.
City Council approved the low bid of Warren Brothers Co. in the amount
of $1,219,S61.S9 for the City's street resurfacing program. The program
consists of 6l,S24 tons of bituminous concrete and 91,S77 gallons of
asphalt prime.
The following projects are anticipated to be resurfaced: Baylake
Beach, Great Neck Estates, Great Neck Manor, Brittany Estates, Trantwood
Shores, Southern Points, North Thalia, Bradford Acres and Lynnhaven
Shores. Funds are available for these projects either in water and
sewer bond issues or operating budgets.
ITEM #9681
On motion by Councilman Gardner, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Vice Mayor George R. Ferrel!, Charles
W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr.,
Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilmen Robert H. Callis, Jr., and Robert B. Cromwell, Jr.
City Council will hold an executive session on Monday, June 7, 1976,
for the purpose of discussing matters permitted for discussion, under
Section 2.l-344, subparagraphs 1 through 6, inclusive, of the Freedom
of Information Act of the Commonwealth of Virginia.
ITEM #9682
Mayor Payne informed Council that as the reorganization date falls
on July 4, 1976, it is requested that Council offer suggestions as to
the date they wish the meeting to be held.
ITEM #9683
On motion by Councilman Gardner, seconded by Councilman Waterfield,
and by acclamation City Council voted to adjourn into Executive Session
at 4:IS p.m.
ITEM #9684
City Council reconvened into Regular Session with the following City
Councilmen:
Present: Councilmen John A. Baum, Vice Mayor George R. Ferrell, Charles
W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr.,
Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Absent:
Councilmen Robert H. Callis, Jr., and Robert B. Cromwell, Jr.
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ITEM #9685
On motion by Councilman McCoy, seconded by Councilman Gardner, and
by acclamation City Council adjourned the meeting at 4:50.
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City of Virginia Beach,
Virginia
May 24, 1976
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