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HomeMy WebLinkAboutSEPTEMBER 15,2020 FORMAL SESSION MINUTES 6*� V Y9�a�F Ufl Np��ob VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 15, 2020 Mayor Dyer called to order the CITY MANAGER'S BRIEFINGS in the City Council Chamber, City Hall, Tuesday, September 15, 2020, at 1:30 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Rosemary Wilson—Arrived at 3:30 P.M 2 CITY MANAGER'S BRIEFINGS CHILDREN'S SERVICES ACT ITEM#70802 1:30 P.M. Due to time constraints, this briefing is rescheduled. September 15, 2020 3 CITY MANAGER'S BRIEFINGS EMERGENCY OPERATIONS PLAN UPDATE ITEM#70803 1:30P.M. Due to time constraints, this briefing is rescheduled. September 15, 2020 4 CITY MANAGER'S BRIEFINGS RECOMMENDATIONS FOR MAY 31sT PERMANENT MEMORIAL PROCESS ITEM#70804 1:30 P.M. Mayor Dyer welcomed Emily Labows, Director—Cultural Affairs and Lauren Heath, Recovery Program Manager—Emergency Management Office. Ms. Labows expressed her appreciation to City Council for their continued support: Recommendation for 5/31 Permanent Memorial Process BRIEFING TO THE CITY COUNCIL SEPTEMBER 15, 2020 f 01-7 Here is the Agenda: 1 fl AGENDA a Where We've Been o Outreach&Research o Lessons Learned o Case Studies s o Potential Memorial Process o Recommendations 2 September 15, 2020 5 CITY MANAGER'S BRIEFINGS RECOMMENDATIONS FOR MAY 31 sT PERMANENT MEMORIAL PROCESS ITEM#70804 (Continued) Items left at the Temporary Memorial were collected, inventoried and photographed: t 41' . ° 6' ' tr . -tjjS . 1 TEMPORARY * .p1'', - ,. MEMORIAL ! t Sf r ,. '-, * r .4 4 s ,,r • 7 s � f� Tremendous outpouring of support{ y }4 US'� ',A a t °e _ y {� from community. lizi, .r fi � . rN 1TT Apovrerful temporary memorial -. ♦t ,„ created at the municipal oomplex. ! ,K & •,, ; \ _ , X Virginia Beach History Museum �_ ,... r trained staff carefully collected and _ f y ,t4 ` sorted items and are in process of rrr- f � . ¢ documenting and photographing preservable memorial itemsillikti4i.';'.?:° '''''' .. 44 "'', ! it . J., , 1 a � t }. . e -' l _ ail a 3 Ms. Labows turned the presentation over to Ms. Heath to provide information on Remembrance Events held during the one(1)year anniversary on May 31, 2020: • . liti ''' g��wy a �` �q ' ,`\ ‘,74 Healing 3 Together ke c ' 1_u �: i3 ¶1 -. September 15, 2020 6 CITY MANAGER'S BRIEFINGS RECOMMENDATIONS FOR MAY 31 sT PERMANENT MEMORIAL PROCESS ITEM#70804 (Continued) ,o.". tt� (z"• i> ictr 4t ) 1 gl,fi t .�, ' VP . ` 1,c Lighting the Path: Together We Remember t s s � Ire Il 0 C n El 0.II R It El I � I _ p � B P n R n q -` e Ms. Heath turned the presentation back over to Ms. Labows to provide an overview of Outreach & Research: Outreach&Research: r - i, T h f Learning from othe .;�_- i : {•it ,. ,, R�' . , Tragedies : < - -:�< .:". Aurora,Colorado:Movie Theater _ � `�..r Y Blacksburg,Virginia:Virginia Tech It, am, I " �., Orlando,Florida:Pulse Night Club ;� I g ` >_ Newtown,Connecticut:Sandy Hook ES r�•Ci"i r 'II ORLANDO,FLORIDA El Paso,Texas:Walmart Store .., w • - - 10 =VD .fir .L .$. .L• _ _. a a 46 i t v"Z ttfttt ''� s.s e sj"I ^'tom• t t 7 T►-tr +ti, ..r AURORA,COLORADO y NEWTOWN,CONNECTICUT EL PASO,TEXAS September 15, 2020 7 CITY MANAGER'S BRIEFINGS RECOMMENDATIONS FOR MAY 3IsT PERMANENT MEMORIAL PROCESS ITEM#70804 (Continued) Research collected helped to form Lessons Learned, summarized in the next three(3)slides: 1st Lesson Learned: Appoint a Memorial Committee Victims&Families `` lfigist►tix «Recs>vary�:Prvgta>i�:> AA 00*I ..................... r. resentattv&ratii>: r>. .:.:.:.:.:.:.::..:.:..... ;CtEy�arri �Es}cattaris:; orie:s tii ce.. 7 2nd Lesson Learned: Engage Third-Party Consultants 1) FAMILY&SURVIVOR LIAISON 2) PUBLIC INPUT CONSULTANT Work with the City and Memorial Meet with all stakeholders through multiple Committee to facilitate family outreach channels and platforms. on memorial planning process. Create multiple opportunities for the Build a continuous relationship with families,survivors,and community to individual families,over the process. provide open and unbiased input: P Consult with each family and relay Publiclic n-one meetings surveys needed information. Community charrettes Advocate for each family. Input will help guide the process of planning and developing the permanent memorial. s September 15, 2020 8 CITY MANAGER'S BRIEFINGS RECOMMENDATIONS FOR MAY 31 sT PERMANENT MEMORIAL PROCESS ITEM#70804 (Continued) 3rd Lesson Learned: Make Process Transparent and Continuously Communicate with Stakeholders In order to maintain transparency and inclusiveness: Communication will be clear and frequent. Post meeting minutes. Hold public forums. Meet on a regular basis with key stakeholders. Document the work of the committee,as this will be part of the historical record. Select a designated media spokesperson to represent the Memorial Committee. Here are images of memorials built in other cities: ----"Mitig u 1114 -- LITTLETON,CO - BLACKSBURG,VIRGINIA AURORA,COLORADO OfOICATED26 * DEDICATED 2007 'f01lr mE{2019" .. m- E EL PASO,TEXAS ' _,�,._ �: WALMART ' DEDICATED 201 - ORLANDO,ELORi� NEWTOWiv,'i.ONNECTICUt - �••'� ' -' IN PROGRESS IN PROGRESS - � 10 J.1 September 15, 2020 9 CITY MANAGER'S BRIEFINGS RECOMMENDATIONS FOR MAY 3137 PERMANENT MEMORIAL PROCESS ITEM#70804 (Continued) Here is the Projected Memorial Design Process: Projected Memorial Design Process o City Council appoints Memorial Committee o Committee establishes Memorial Committee's mission and goals o Gathers input from ALL families,survivors,responders and community o Works closely with all stakeholders,using collected input to develop design goals and recommendations on site,funding o Solicits design proposals o Reviews proposals&conducts selection process o Oversees installation&dedication of memorial • AOC '. .# Commitment & Htiv .� 40, Promise We deeply understand that each person affected by this event will need the appropriate time and space to grieve. - I.tee As we know,this takes time and is different ' for everyone.Some might not feel ready to be a part of conversations while some are ready for more immediate action. i t9 I,v . „ It is our duty to meet everyone where they ' 1 L,II are with empathy, reverence, and provide y".y�"�/� the appropriate time needed. September 15, 2020 10 CITY MANAGER'S BRIEFINGS RECOMMENDATIONS FOR MAY 3IsT PERMANENT MEMORIAL PROCESS ITEM#70804 (Continued) Here are the Recommendations: \ d . •� , p4.• ;, RECOMMENDATIONS ie4 . i 7 Request approval for the , _, '`` formation of Memorial Committee ' Authorize City Manager to fund: • 3rd Party Family&Survivor Liaison 3rd Party Public Input Consultant s it [I OV' 4: �/ j� 13 Mayor Dyer expressed his appreciation to Ms. Labows and Ms. Heath for the presentation. September 15, 2020 11 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES ITEM#70805 1:46 P.M. Mayor Dyer welcomed Bobby Tajan, Director—Planning and Community Development. Mr. Tajan expressed his appreciation to City Council for their continued support: PROPOSED SHORT TERM RENTAL REGULATION CHANGES City Council Briefing September 15,2020 Robert Tajan,AICP CFM-Planning Director Here is an overview of proposed Short Term Rental(STR) regulation changes: General overview of changes • Allow STRs, by-right, in certain specific locations of the City if they meet criteria • No Conditional Use Permits -STRs cannot operate elsewhere in the City • Regulations for Sandbridge are not changed • Regulations for other areas where STRs are permitted reflect current City Council imposed conditions on STRs with modification on number of rentals and required response by property owner or representative 2 September 15, 2020 12 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES ITEM#70805 (Continued) Here are the four(4)proposed STR Overlay Districts: "Allow STRs, by-right, in certain specific locations of the City if they meet criteria" • Rezone specific areas to Short Term Rental Overlay Districts - West Shore Drive - East Shore Drive - North End - Oceanfront Resort • If properties are located in one of these overlays and can meet the criteria of the Zoning Ordinance,the STR is permitted as a matter of right • Permit to operate issued by Zoning 3 The next several slides provide maps of the Proposed Overlay Districts: IShore Drive Overlay District Approximate location of STR Overlay(red)showing existing Shore Drive Overlay • September 15, 2020 13 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES ITEM#70805 (Continued) STR Overlay - West Shore Drive r F ems,,. P P Rpa qpa O, 0.amPTn Prs -Shore Dove pun .,, eaY p„v `-c, g a STR Overlay - East Shore Drive t. ✓ nsoe''' '' � Pfi n S \h* r to i �., , Toao d n C . *1 o Naya C c a\ •00„„Avo. , °°.. i 1'7, 1, 3. d c North Great At r o or we Neck Road ,ores ' �e�oenry N e September 15, 2020 14 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES ITEM#70805 (Continued) North End Overlay District Approximate location of STR Overlay(red)showing existing North End Overlay ego , STR Overlay - North End t: et 8Sth Street 67 S g6th Street e ��..— 840 Street ./ to 82nd Street ,' too street Con tans Q lY/ _� ` , et aw, y �4 r43-V,,a .1 i . f° , 4 �-- ,fiet w, - Star, .,tea„&4 j Z , OG �il litl$( ?IIJ \ sis September 15, 2020 15 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES ITEM#70805 (Continued) STR Overlay District OR Zoning District=STR Overlay Oceanfront Resort 5 ,,n i o n Ur ri 1t L .l _i,bid -e ': ' \:..' 0> 1 / .ee zjh'Sl :: a Existing STR Conditional Use Permits will expire in five(5)years: "No Conditional Use Permits - STRs cannot operate elsewhere in the City" • STR will not be permitted outside of Overlay Districts • Allows for pre-existing defined areas that can obtain 60%of owners to agree to request a rezoning to add an STR Overlay for a specific area - City Council may consider additional Overlays without this requirement ■ Does not affect properties located in Sandbridge SSD(Code of VA and Zoning) • Existing Conditional Use Permits expire in 5 years - Those outside of overlays will not be permitted to operate when STR expires - Those located within overlays will be required to operate within the new rules at time of expiration - Owner may give up"their Conditional Use Permit to operate under rules in place io September 15, 2020 16 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES ITEM#70805 (Continued) "Regulations for Sandbridge are not changed" • Properties located within Sandbridge SSD are permitted to operate STR if they meet current criteria as set forth in Section 241.2 of the Zoning Ordinance • No changes proposed to Section 241.2 of the Zoning Ordinance at this time 11 The next two (2)slides provide an overview of the proposed new regulations: "Regulations for ■ New section added specifically for STR other areas where Overlay Districts which details additional STRs are permitted regulations reflect current City • Parking Council imposed - Parking created to meet requirements conditions on STRs in Overlays are required to be pervious with modification on - One parking space may be counted for number of rentals the garage that meets the minimum and required parking space dimension response by property - Parking in driveway that is located in right of way is permitted to count so owner or long as it does not block vehicular or representative" pedestrian traffic 12 September 15, 2020 17 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES ITEM#70805 (Continued) "Regulations for ■ Maximum number of persons on the property between 11 p.m.and 7 a.m.limited to a other areas where calculation of 2 per bedroom STRs are permitted - Number does not include minors under the age of 16 not to exceed a total of 3 per reflect current City bedroom Council imposed • No events with guests that are above the number conditions on STRs allowed gusts per night as calculated at 2 per bedroom with modification on • If located within the Residential Parking Permit number of rentals Program no temporary or guest passes are and required permitted response by property • Number of rentals limited to 52 per year owner • Owner or representative must be able to owner orptative" physically mhy iit ally respond to the property within 30 repr13 Here is the Proposed timeline: Proposed timeline • September 15-City Council Briefing • October 6-City Council Vote on referral • October 14-Planning Commission Briefing • November 4-Planning Commission Public Hearing • November 17-City Council Public Comment • December 1-City Council Public Hearing/Vote 14 Mr. Tajan continued to the next presentation. September 15, 2020 18 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL COMPLIANCE/ENFORCEMENT PROPOSAL ITEM#70806 2:22 P.M. Short Term Rental Enforcement ROBERT TAJAN, AICP, CFM - PLANNING DIRECTOR SEPTEMBER 15, 2020 Here is the Objective for today's briefing: Review of the current Short Term Rental challenges Review of the current Objective enforcement process Review of potential solutions moving forward September 15, 2020 19 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL COMPLIANCE/ENFORCEMENT PROPOSAL ITEM#70806 (Continued) Here is an overview of Challenges—Enforcement: Challenges- Enforcement •Reactive=complaint based;Proactive=monitoring compliance Proactive versus reactive •Staffing needs enforcement •Investigation and appeal process is time consuming •Monitoring of websites offering properties and matching properties to addresses •Difficult for by-right use Zoning violation process •Investigation process,witnessing and proving violation can be difficult •Compliance with regulations is the goal •Ability for 3rd party to review newly listed properties takes time •Linkage between complaint and Zoning—complaints often called Available information to 311 as noise complaints and not operation of a short term rental •Commissioner of Revenue and sharing privileged information Short Term Regulation (STR)Enforcement recommends fifteen (15)staff positions: Challenges-Implementation Current Snapshot:Realization of ability to Staffing Requests manage program and Conditional Use Permits using current resources • FY'19 Budget 5 positions requested • Customer service-oriented staff works • Not funded helps all customers through applications • FY'20 Budget 6 positions requested and registrations • 2 funded • Zoning Inspection staff tasked with • FY'21 Budget 4 positions requested learning Conditional Use Permit Process and to manage applications instead of • Not funded focus on permitting and enforcement • All needed additional resources (significant)were provided"in-house" from other divisions to help the Zoning Division with STR CUPS September 15, 2020 20 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL COMPLIANCE/ENFORCEMENT PROPOSAL ITEM#70806 (Continued) Challenges — Establishment of STR Program Lack of voluntary Learning Curve:Permitting compliance+to submit Staffing:Complaint based and review process not as Zoning documentation for inspections vs proactive streamlined with the start grandfathered properties inspections of a new program (`250 of 1,657 applications submitted) Efficacy of ExistingZonitlg' Enforcement process/timing Here is an overview of the Existing Enforcement Process: Existing Enforcement Processwoolonal �—�— 1 _ ... _ .a —=-�— 1- — "'^ — a 3 to 4-month process September 15, 2020 21 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL COMPLIANCE/ENFORCEMENT PROPOSAL ITEM#70806 (Continued) Here is the Enforcement Case Study Process: Enforcement Case Study aeweilmlamd CA.*. ,r ar" we. _rarer of r~r *ow raw Ir dtirr tinro.y_ _ Ms rrr,r Will rr _ rlrr Time of total process:5+months r.rm.,o .r. Host Compliance is the 3`d Party vendor contracted to manage STR compliance: Process Improvements Steps Taken: Procured services from 3rd Party vendor(Host Compliance)to track and identify listings on short term rental platforms Purchased using one-time savings in FY'20 Planning Budget Utilized shorter term appeal period as allowed by Code of VA 10-day appeal period,as opposed to 30-day appeal period for most zoning violations Code Amendments(Part of amendments sponsored by Councilmember Tower) Violations are Civil violations(fines),not Criminal violations Program Evaluation(on-going) .7, 4 Review of short term rental process in place.What has worked?What has not HOST COMPLIANCE worked? September 15, 2020 22 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL COMPLIANCE/ENFORCEMENT PROPOSAL ITEM#70806 (Continued) The next two (2)slides provide examples of Host Compliance's platform: 19..,.,eroa3.....I - I n �. 094147 .,._ .. .A,,.Qt., m p ,... .. .,. ,. ,, p ..:,,..,... ..... ,,,... .. .......,....., p ..,R,.. ..... .. p ..,..,.. .....Q. . p ,.,.... . ....w, r...... .. .. p ..,.>e.... ,..,,.,I ..... ,.. ...«.. 4p Host Compliance Dashboard ;II Virginia.United Steles [-----1 .... �= i f": rriiiri - ' ti 11111111-,,...::- ' ........fixi itr„.,_sap L . -7-1 __,,,... ... r....., . Host Compliance property • information .,.m...°. � �.__._. September 15, 2020 23 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL COMPLL4NCE/ENFORCEMENT PROPOSAL ITEM#70806 (Continued) This chart provides the Enforcement Process using Civil Penalties: Enforcement Process using Civil Penalties pp*olemsecl Coat. "" &aft--i-— ant pod daw.- ,_..... Velftsbtaf vas wad ma re Here are the Recommended Solutions: Purchase Additional Services from 3'd Party Vendor • Dedicated 24/7"in-person"hotline.Number specific to the Zoning Office.Ability to reach out to an on-call inspector • Rental activity monitored.Complaints logged in and linked to property address. • Maintains active dashboard of activity for the Zoning Office Hire part-time inspections staff to perform weekend Recommended inspections Solutions • Allows inspectors to have flexible hours,be in the field when problems likely to occur • Less cost than full-time employees and provides flexibility • Training mechanism for possibility of transition into full- time positions Amendments to the Zoning Ordinance • Address where short term rentals are permitted • Performance standards for short term rentals li September 15, 2020 24 CITY MANAGER'S BRIEFINGS SHORT TERM RENTAL COMPLIANCE/ENFORCEMENT PROPOSAL ITEM#70806 (Continued) Here is an overview of Potential Funding for enforcement: Potential funding Funding source needed for continuing costs of 3rd party vendor,additional services,and FTEs needed for enforcement. Implement User fee for all Short Term Rentals Requires Code amendment to require fee for yearly Zoning registration and inspection of Short Term Rentals -Current Conditional Use Permit Fee is$360 for STRs • Fee would be$150-$200 yearly,depending on approved staffing level,to recover costs. 13 Mayor Dyer expressed his appreciation to Mr. Tajan for the presentations. September 15, 2020 25 CITY COUNCIL COMMENTS ITEM#70807 2:57P.M. Council Member Moss referenced the Bond Referendum for Flooding and suggested adding an item to the Legislative Package to incorporate a fee structure for property owners who are exempt from paying property taxes,so they will also contribute to the stormwater management program. Council Member Moss advised everyone who benefits from stormwater management, should help pay. September 15, 2020 26 CITY COUNCIL COMMENTS ITEM#70808 (Continued) Council Member Henley requested to have a Quarterly Flood Control Project Update briefing at a future City Council Meeting. September 15, 2020 27 CITY COUNCIL COMMENTS ITEM#70809 (Continued) Council Member Henley advised this fall, seven (7) acres in the Village D section of Ashville Park will be reforested as well as the Ocean Lakes Homeowners Association received a grant to reforest ten (10)acres. Also, the Hampton Roads Sanitation District (HRSD) will complete a landscape project at the Atlantic Treatment Plant, all of which play a natural contribution to mitigating flood control. September 15, 2020 28 CITY COUNCIL COMMENTS ITEM#70810 (Continued) Council Member Tower advised the Convention Visitor Bureau Community Task Force held their first meeting and he was pleased to see their enthusiasm and interest. Council Member Tower advised members were given an assignment to read, Destination Leadership written by Bill Geist, which focuses on how tourism benefits various components of a city. September 15, 2020 29 CITY COUNCIL COMMENTS ITEM#70811 (Continued) Council Member Tower advised the Short Term Rental issue is a delicate balance in protecting homeowners while supporting economic development expressing, he wants citizens to understand and know the issue is being addressed. September 15, 2020 30 AGENDA REVIEW SESSION ITEM#70812 3:05 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinance to EXTEND the provisions of the Ordinance previously adopted on March 31, 2020 re ensure continuity of government during the COVID-19 Disaster 2. Resolution to AMEND the due date for Recommendations of the Convention and Visitors Bureau (CVB) Community Task Force 3. Resolution to RENEW permit to ALLOW ISC Medical Transport, LLC re operate in the City 4. Resolution to AUTHORIZE the distribution of a preliminary official statement and other actions re issuance of Water and Sewer Revenue and Refunding Bonds,Series of 2020 5. Ordinance to CARRY FORWARD and APPROPRIATE$2,253,411 to the FY2020-21 Operating Budget re purposes previously approved in FY2019-2020 6. Ordinance to APPROPRIATE$90,000 to provide an interest free loan to the Princess Anne Court House Volunteer Rescue Squad and Fire Department re purchase of a new ambulance 7. Ordinance to ACCEPT and APPROPRIATE $24,956 from Supreme Court of Virginia Drug Treatment Court Docket Grant to FY2020-21 Commonwealth Attorney's Operating Budget and AUTHORIZE 25% in-kind grant match by Human Services re purchase of drug and alcohol testing supplies September 15, 2020 31 AGENDA REVIEW SESSION ITEM#70812 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. JAMES T. CROMWELL, ES¢, RECEIVER FOR SHORE REALTY CORPORATION (DEFUNCT CORPORATION)for Street Closures of unimproved rights-of-way: a. 375 square feet adjacent to 217 75`h Street b. 250 square feet adjacent to 215A & 215B 75`h Street c. 250 square feet adjacent to 213 75`h Street d. 250 square feet adjacent to 211 75`''Street e. 250 square feet adjacent to 209 75`h Street f 250 square feet adjacent to 205 75`h Street g. 1,763 square feet adjacent to 203 75`h Street h. 250 square feet adjacent to 218A &218B 761h Street i. 300 square feet adjacent to 216A &216B 76`h Street j. 250 square feet adjacent to 214 76`h Street k. 325 square feet adjacent to 210 76`h Street 1. 312 square feet adjacent to 208A &208B 76`h Street m. 413 square feet adjacent to 7500 Atlantic Avenue DISTRICT 5—LYNNHAVEN 2. JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION (DEFUNCT CORPORATION)for Street Closures of improved rights-of-way: a. 1,170 square feet adjacent to 204A & 204B 75`h Street, and 202 75`h Street b. 105 square feet adjacent to 7406 Atlantic Avenue DISTRICT S—LYNNHAVEN 3. BONNEY ROAD VB,LLCfor a Modification of Conditions re motor vehicle sales&service,and automobile repair garage at 3825 Bonney Road DISTRICT 4—LYNNHAVEN 4. BONNEY G. BRIGHT SAND CO./BONNEY G. BRIGHT for a Modification of Conditions re borrow pit at 200 Princess Anne Road DISTRICT 7—PRINCESS ANNE 5. STUDIO EVOLVE, LLC/BYLER LAKES, LLC for a Conditional Use Permit re body piercing establishment at 512 South Independence Boulevard DISTRICT 3—ROSE HALL 6. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re housing for seniors and disabled persons at 3808&3820 Virginia Beach Boulevard, and 309&329 Birchwood Park Drive DISTRICT S—LYNNHAVEN September 15, 2020 32 AGENDA REVIEW SESSION ITEM#70812 (Continued) 7. PHAM VO,LLC/HIENPHAM& CUONG VO for a Conditional Use Permit re short term rental at 5120 Settlers Park Drive DISTRICT 1 —CENTERVILLE 8. THE GOOD MANOR GROUP, LLC for a Conditional Use Permit re short term rental at 1721 Rueger Street DISTRICT 2—KEMPSVILLE 9. CHARLIE KIM for a Conditional Use Permit re short term rental at 809 Vanderbilt Avenue DISTRICT 6—BEACH 10. MICHAEL & RENEE FAIRCHILD/MLFW, LLC for Conditional Use Permits re short term rentals at: a. 836 12th Street b. 83812`"Street DISTRICT 6—BEACH 11. CHARITY FIGALLO for a Conditional Use Permit re short term rental at 448 Garrison Place DISTRICT 6—BEACH 12. CITY OF VIRGINL4 BEACH—Ordinances to AMEND City Zoning Ordinance(CZO)Sections: a. 104 re allow civil penalties for the violation of Section 241.2 pertaining to Short Term Rentals b. 1903 re allowing certain Short Term Rentals as permitted uses in the Old Beach Overlay District (Requested by Council Member Tower) 13. CITY OF VIRGINIA BEACH— Ordinance to AMEND City Zoning Ordinance (CZO) Section 241.2 re revocation of grandfather status and City Council findings (Requested by Council Member Tower) 14. CITY OF VIRGINIA BEACH - Ordinance to ESTABLISH transitional rules for the review of Conditional Use Permits re property in the Old Beach Overlay District J.PLANNING: COUNCIL MEMBER BERL UCCHI WILL VOTE VERBAL NAY ON ITEM#7 ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED FOR DEFERRAL TO OCTOBER 20, 2020 COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#7, #9, #10a/b and#11 COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ITEM#11 VICE MAYOR WOOD WILL VOTE VERBAL NAY ON ITEM#11 ITEM#12a WILL BE CONSIDERED SEPARATELY ITEM#12b WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#13 WILL BE CONSIDERED SEPARATELY ITEM#14 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL September 15, 2020 33 ITEM#70813 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Kempsville District • Princess Anne District • Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of 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 pursuant to Section 2.2-3711(A)(29) • Dome Site LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body • Holloway, et al v. City of Virginia Beach PERSONNEL MATTERS: 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 of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees September 15, 2020 34 ITEM#70813 (Continued) Upon motion by Council Member Jones,seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 3:15 P.M. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott(stepped out from 3:52 P.M—6:32 P.M) Rosemary Wilson Break 3:15 P.M. —3:35 P.M. Closed Session 3:35 P.M. —5:55 P.M. September 15, 2020 35 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 15, 2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 15, 2020, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott—Arrived Late INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna 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(the "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 of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. September 15, 2020 36 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. September 15, 2020 37 ITEM— V-E CERTIFICATION ITEM#70814 Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt 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: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott *Council Member Moss stepped out of the Closed Session during the Dome Site discussion due to a conflict of interest. September 15, 2020 a`�` cat, O� 'P ow tg S 6 OF OUR NRt,OM RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#70813 Page 34 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the 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 RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in 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. t Am n Barnes, C City Clerk September 15, 2020 38 ITEM— V.F MINUTES ITEM#70815 Upon motion by Council Member Wilson, seconded by Council Member Tower, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of September 8, 2020 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott September 15, 2020 39 ITEM— V.G. PUBLIC HEARING ITEM#70816 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION,BY AGREEMENT OR CONDEMNATION Property, temporary and permanent easements necessary for the Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP#7-089 The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Anita Lowe, 3113 Ferry Farm Lane, Phone: 647-7470, spoke in SUPPORT Virginia Wasserberg, 4412 Sanibel Circle#401, Phone: 252-339-6214, spoke in SUPPORT Betty Warren, 112 Brentwood Circle, Phone: 498-0915, did not respond There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 15, 2020 40 ITEM- V.H. FORMAL SESSION AGENDA ITEM#70817 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:Agenda Items Ordinances/Resolutions I: 1, 2, 3, 4, 5, 6 and 7 and Planning Items J: 1 a/b/c/d/e/f/g/h/i/j/k/l/m, 2a/b, 3, 4, 5, 6, 7, 9, l0a/b, 11, 12b, and 14 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions I: 1, 2, 3, 4, 5, 6 and 7 and Planning Items J: l a/b/c/d/e/f/g/h/i/j/k/Um, 2a/b, 3, 4, 5, 6, 7, 9 9 (DEFERRED TO OCTOBER 20, 2020), l0a/b, 11, 12b (DEFERRED INDEFINITEL 1 and 14(DEFERRED INDEFINITELY) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None J.PLANNING: COUNCIL MEMBER BERL UCCHI WILL VOTE VERBAL NAY ON ITEM#7 COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#7, #9, #l0a/b and#11 ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ITEM#11 VICE MAYOR WOOD WILL VOTE VERBAL NAY ON ITEM#11 ITEM#12a WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY September 15, 2020 41 ITEM— V.I.1 ORDINANCES/RESOLUTIONS ITEM#70818 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the provisions of the Ordinance previously adopted on March 31, 2020 re ensure continuity of government during the COVID-19 Disaster: Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 AN ORDINANCE TO EXTEND THE PROVISIONS OF THE 2 PREVIOUSLY ADOPTED ORDINANCE TO ENSURE 3 CONTINUITY OF GOVERNMENT DURING THE COVID-19 4 DISASTER 5 6 WHEREAS, on March 12, 2020, the Governor of the Commonwealth of Virginia, 7 in Executive Order Number Fifty-One, declared a state of emergency and disaster within 8 the Commonwealth of Virginia pursuant to Code of Virginia Section 44-146.16 of the Code 9 of Virginia; 10 11 WHEREAS, on March 13, 2020, the City Manager, as Director of Emergency 12 Management, declared a local emergency; 13 14 WHEREAS, Section 15.2-1413 of the Code of Virginia provides that 15 "notwithstanding any contrary provision of law, general or special, any locality, may, by 16 ordinance, provide a method to assure continuity in its government, in the event of an 17 enemy attack or other disaster. Such ordinance shall be limited in its effect to a period not 18 exceeding six months after any such enemy attack or disaster and shall provide for a 19 method of resumption of normal governmental authority by the end of the six-month 20 period (emphasis added)"; 21 22 WHEREAS, because of the emergency, the City Council on March 31, 2020 23 adopted an Ordinance to Ensure Continuity of Government During the COVID-19 24 Disaster ("ORD-36141"); 25 26 WHEREAS, ORD-36141 includes a finding by the City Council that the COVID-19 27 Pandemic is a disaster for purposes of Virginia Code § 15.2-1413 and authorization for 28 electronic or virtual meetings of the City Council and its boards and commissions, as well 29 as for other meetings, including public bid openings; 30 31 WHEREAS, ORD-36141 includes a sunset date of either September 30, 2020 or 32 upon declaration of the Governor that the emergency is ended, whichever occurs earlier; 33 and 34 35 WHEREAS, the Governor has not declared that the emergency has ended, 36 because the COVID-19 Pandemic continues to threaten public health; and 37 38 WHEREAS, since the adoption of ORD-36141, some public meetings of the City 39 have been held in person by employing the use of masks and social distancing and by 40 facilitating citizen participation in those meetings in person or via electronic means, but 41 the need continues for certain meetings to be held virtually, and that need may increase 42 depending upon the extent to which the COVID-19 Pandemic impacts the City in the 43 coming months; 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA, THAT: 47 The City Council hereby extends the provisions of ORD-36141 until the earlier of 48 either a declaration by the Governor that the emergency in the Commonwealth is ended 49 or six months from the date of the adoption of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of September , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Office of the City Manager City At o ey's Office CA15146 R-1 September 4, 2020 42 ITEM— V.L2 ORDINANCES/RESOLUTIONS ITEM#70819 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to AMEND the due date for Recommendations of the Convention and Visitors Bureau (CVB) Community Task Force Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 A RESOLUTION AMENDING THE DUE DATE FOR 2 RECOMMENDATIONS OF THE CONVENTION AND 3 VISITORS BUREAU COMMUNITY TASK FORCE 4 5 WHEREAS, on July 7, 2020, the City Council adopted a resolution establishing 6 the CVB Community Task Force to advise the City Council regarding the transitioning of 7 the Convention & Visitors Bureau to a new organizational structure; 8 9 WHEREAS, that resolution required the task force to report back to the City 10 Council with its recommendations on a new organizational structure no later than the last 11 City Council meeting in October; 12 13 WHEREAS, since the adoption of that resolution, the City Council has twice 14 adopted additional resolutions that added more members, and those new members were 15 appointed by the City Council during its September 1, 2020 meeting; and 16 17 WHEREAS, because the final appointments to the task force were made recently, 18 and because of the complexities of evaluating the various organizational structure 19 options, it is not feasible for the task force to complete its work by the deadline set in the 20 July resolution; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the task force shall report back to the City Council with its recommendation 26 on a new organizational structure no later than the first City Council workshop meeting in 27 January 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of September , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Offi City Attorneys Office CA15161 R-2 September 9,2020 43 ITEM— VI.3 ORDINANCES/RESOLUTIONS ITEM#70820 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to RENEW permit to ALLOW ISC Medical Transport,LLC re operate in the City Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 A RESOLUTION TO RENEW A PERMIT ALLOWING ISC 2 MEDICAL TRANSPORT, LLC TO OPERATE IN THE CITY OF 3 VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2,any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS, an application for permit renewal has been received from ISC Medical 11 Transport, LLC; and 12 13 WHEREAS, the above-listed private ambulance agency performs services not 14 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 15 transports, which include both basic and advance life support calls. 16 17 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 18 VIRGINIA BEACH; 19 20 1. That the City Council hereby grants a renewed permit to ISC Medical Transport, 21 LLC; and 22 23 2. That this permit shall be effective from July 1, 2020 to June 30, 2022. Adopted by the City Council of the City of Virginia Beach,Virginia,on this 15 t h day of September , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �(�4 Emergen Medical Services City omey's Offi CA15157 R-1 August 31, 2020 44 ITEM— VI.4 ORDINANCES/RESOLUTIONS ITEM#70821 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the distribution of a preliminary official statement and other actions re issuance of Water and Sewer Revenue and Refunding Bonds,Series of 2020 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE BY THE CITY OF VIRGINIA BEACH, VIRGINIA, OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2020 WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City") has adopted on the date hereof a Twelfth Supplemental Resolution (the "Twelfth Supplemental Resolution") supplementing and amending the City's Master Water and Sewer Bond Resolution originally adopted on February 11, 1992, as previously supplemented and amended, pursuant to which the City will issue its (a) Water and Sewer System Revenue Bonds, Series of 2020A, in a maximum principal amount of$50,000,000 (the "Series 2020A Bonds"), and (b) Water and Sewer System Refunding Revenue Bonds, Series of 2020B, in a maximum principal amount of $61,000,000 (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the "Bonds"); and WHEREAS, in connection with the adoption by the Council of the Twelfth Supplemental Resolution, there have been presented to or otherwise made available to this meeting drafts of the following documents: (a) Notice of Sale to be dated on or about October 7, 2020 (the "Notice of Sale"), relating to the advertisement of the public offering of the Bonds; (b) Preliminary Official Statement to be dated on or about October 7, 2020, relating to the public offering of the Bonds, including, as an Appendix, a Financial Feasibility Study prepared by Arcadis U.S., Inc., to be dated on or about October 7, 2020 (collectively, the "Preliminary Official Statement"); and (c) Continuing Disclosure Agreement to be dated on or about October 28, 2020, pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Securities and Exchange Commission Rule 15c2-12, as amended (the "Rule"), for the benefit of the holders of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. The City Manager, in collaboration with Public Resources Advisory Group, the City's financial advisor (the "Financial Advisor"), is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale, which is approved, provided that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City, including, without limitation, such changes as may be necessary to prepare and distribute at the option of the City Manager separate Notices of Sale for the refunding and new money series of the Bonds. 1 2. The City authorizes the distribution of the Preliminary Official Statement in form deemed "near final" as of its date, within the meaning of the Rule, to prospective purchasers of the Bonds, with such completions, omissions, insertions and changes as may be approved by the City Manager. Such distribution shall constitute conclusive evidence of the approval of the City Manager as to any such completions, omissions, insertions and changes and that the City has deemed the Preliminary Official Statement to be near final as of its date. 3. The City Manager, in collaboration with the Financial Advisor, is hereby authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement necessary to reflect the terms of the sale of the Bonds and the details thereof appropriate to complete it as an official statement in final form (the "Official Statement") and to execute and deliver the Official Statement to the purchasers of the Bonds. Execution of the Official Statement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes and that the Official Statement has been deemed final by the City as of its date within the meaning of the Rule. 4. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute the Continuing Disclosure Agreement, the form of which is approved, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 5. The officers of the City are hereby authorized and directed to execute, deliver and file all certificates and documents and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bonds, including without limitation (a) execution and delivery of a certificate setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of Code, and regulations thereunder, applicable to "arbitrage bonds," (b)making any elections that such officers deem desirable under the Code, including, without limitation, under any provision requiring rebate to the United States of"arbitrage profits" earned on investment of proceeds of the Bonds or any provision permitting treatment of the Bonds as a "multipurpose issue," and (c) filing Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of bond counsel. 6. To ensure compliance with federal tax law after the Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply such Post-Issuance Compliance Policies and Procedures as may be adopted by the Council from time to time to monitor the use of the proceeds of the Bonds, including the use of the projects financed with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements. 7. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of proceeds of the Series 2020A Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 2 8. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto. 9. All other actions of the officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds, and the plan of financing and refinancing related thereto,are hereby approved and ratified. 10. This Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on thel 5 th day of September,2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: m Finance Department ey,s O — CA15128 R-1 September 3,2020 3 CERTIFICATE OF RESOLUTION The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia(the "City"), hereby certifies that: 1. A regular meeting of the Council was duly called and held on September 15, 2020 (the "Meeting"), at which a quorum was present and acting at all times. 2. Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Resolution of the Council of the City of Virginia Beach, Virginia, Authorizing the Distribution of a Preliminary Official Statement and Other Actions in Connection with the Issuance by the City of Virginia Beach, Virginia, of its Water and Sewer System Revenue and Refunding Bonds, Series of 2020," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name Present Absent Yes No Abstaining Robert M. Dyer, Mayor x _ James L. Wood, Vice Mayor x x Jessica P. Abbott X X Michael F. Berlucchi X _ X Barbara M. Henley X x Louis R. Jones X x John D. Moss X X Aaron R. Rouse X X Guy King Tower X X Rosemary Wilson X X Sabrina D. Wooten X X 4. The Resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS my signature and the seal of th City of 'rginia each, Virginia, this 15 t h day of September 2020. Cl , ou it of e City of Virginia each, Virginia (SEAL) CITY OF VIRGINIA BEACH,VIRGINIA TWELFTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $[101,000,000] IN AGGREGATE PRINCIPAL AMOUNT OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2020, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES ADOPTED ON SEPTEMBER 15, 2020 TABLE OF CONTENTS Page ARTICLE I TWELFTH SUPPLEMENTAL RESOLUTION 2 Section 12.101 Twelfth Supplemental Resolution 2 Section 12.102 Meaning of Terms; Definitions 2 Section 12.103 Reference to Articles and Sections 3 ARTICLE II 2020 PROJECT 3 Section 12.201 Authorization of 2020 Project 3 ARTICLE III ISSUANCE AND SALE OF SERIES 2020 BONDS 3 Section 12.301 Issuance and Sale of Series 2020 Bonds ...3 Section 12.302 Details of Series 2020 Bonds. 3 Section 12.303 Book Entry System. 4 Section 12.304 Registrar. 5 Section 12.305 Form of Series 2020 Bonds 5 Section 12.306 Security for Series 2020 Bonds 5 Section 12.307 Application of Proceeds. 5 ARTICLE IV REDEMPTION OF SERIES 2020 BONDS 6 Section 12.401 Optional Redemption Provisions. 6 Section 12.402 Mandatory Redemption. 6 Section 12.403 Selection of Series 2020 Bonds for Redemption. 6 Section 12.404 Notice of Redemption. 7 ARTICLE V FEDERAL TAX PROVISIONS 7 Section 12.501 Limitation of Use of Proceeds. 7 Section 12.502 Rebate Requirement. 8 Section 12.503 Calculation and Payment of Rebate Amount 8 ARTICLE VI AMENDMENTS TO MASTER RESOLUTION 9 Section 12.601 Effective Date of Amendments 9 Section 12.602 Notice of Amendments to Bondholders 9 Section 12.603 Amendments to Take Effect Upon Bondholder Consent. 10 ARTICLE VII MISCELLANEOUS 11 Section 12.701 Limitation of Rights. 11 Section 12.702 SNAP Investment 11 Section 12.703 Severability. 12 Section 12.704 Effective Date. 12 Appendix A - Form of the Series 2020A Bonds A-1 Appendix B - Form of the Series 2020B Bonds B-1 Appendix C -Notice to Bondholders C-1 (i) TWELFTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $[101,000,000] IN AGGREGATE PRINCIPAL AMOUNT OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2020, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system; and WHEREAS, the Council has been advised that it would be advantageous for the City to issue its (a) Water and Sewer System Revenue Bonds, Series of 2020A, in a maximum principal amount of$[50,000,000] (the "Series 2020A Bonds"), to finance the costs of the 2020 Project(as hereinafter defined) and to pay costs of issuance and fund debt service reserves, and (b) Water and Sewer System Refunding Revenue Bonds, Series of 2020B, in a maximum principal amount of$[51,000,000] (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the "Series 2020 Bonds"), to obtain debt service savings by refunding the City's Water and Sewer System Revenue Bonds, Series of 2010A-2 (Taxable), Water and Sewer System Refunding Revenue Bonds, Series of 2010B (Tax-Exempt), and Water and Sewer System Refunding Revenue Bonds, Series of 2010C (Tax-Exempt) (collectively, the "Refunded Bonds"); WHEREAS, the Council has previously adopted ordinances authorizing the City's issuance of water and sewer system revenue bonds in principal amounts sufficient to permit the issuance of the new Series 2020A Bonds; WHEREAS, based upon the premises described above, the Council has determined that it is desirable and in the best interests of the City to undertake the issuance of the Series 2020 Bonds for the purposes set forth above; and WHEREAS, the City is not in default under the Master Resolution or in payment of the principal of or interest on the Outstanding Bonds(as defined in the Master Resolution). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: ARTICLE I TWELFTH SUPPLEMENTAL RESOLUTION Section 12.101 Twelfth Supplemental Resolution. This Twelfth Supplemental Resolution is adopted pursuant to and in accordance with Section 1101(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to each series of the Series 2020 Bonds and to the holders thereof, except as otherwise provided herein. Section 12.102 Meaning of Terms; Defmitions. All capitalized terms used herein and not defined either in this Section or elsewhere in this Twelfth Supplemental Resolution (including the recitals hereto), shall have the meanings ascribed to such terms in the Master Resolution. The following terms shall have the following meanings in this Twelfth Supplemental Resolution. "2020 Project" shall have the meaning set forth in Article II. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series 2020 Bonds, or its successors or assigns in such capacity. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series 2020 Bonds over (b) the future value of all nonpurpose payments with respect to the Series 2020 Bonds, in each case calculated under Section 12.503 pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage required to be rebated to the United States of America under Section 148 of the Code. "Rebate Amount Certificate" shall have the meaning set forth in Section 12.503. "Refunded Bonds" shall mean, collectively, athe City's Water and Sewer System Revenue Bonds, Series of 2010A-2 (Taxable), Water and Sewer System Refunding Revenue Bonds, Series of 2010B (Tax-Exempt), and Water and Sewer System Refunding Revenue Bonds, Series of 2010C (Tax-Exempt). "Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., as paying agent and bond registrar for the Series 2020 Bonds. "Series 2020 Bonds" shall mean, collectively, the Series 2020A Bonds and the Series 2020B Bonds. "Series 2020A Bonds" shall mean the City's Water and Sewer System Revenue Bonds, Series of 2020A, in the amounts to be issued in accordance with the provisions of Article III. "Series 2020B Bonds" shall mean the City's Water and Sewer System Refunding Revenue Bonds, Series of 2020B, in the amounts to be issued in accordance with the provisions of Article III. 2 "Twelfth Supplemental Resolution" shall mean this Twelfth Supplemental Resolution, which supplements the Master Resolution. Section 12.103 Reference to Articles and Sections Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Twelfth Supplemental Resolution. ARTICLE II 2020 PROJECT Section 12.201 Authorization of 2020 Project. The Council has authorized certain acquisitions, improvements, extensions, additions and replacements to the System (as defined in the Master Resolution) as part of the approved capital improvement program of the City, and further authorizes the 2020 Project, which shall include the payment of the Costs of any such projects, or reimbursements of the same for which the Council has adopted official intent resolutions, together with costs of issuance and the funding of debt service reserves (collectively, the "2020 Project"). ARTICLE III ISSUANCE AND SALE OF SERIES 2020 BONDS Section 12.301 Issuance and Sale of Series 2020 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in a principal amount up to $[101,000,000], consisting of the City's (a) Water and Sewer System Revenue Bonds, Series of 2020A (the "Series 2020A Bonds"), in a maximum principal amount of$[50,000,000], the proceeds of which shall be used to pay the Cost of the 2020 Project; and (b) Water and Sewer System Refunding Revenue Bonds, Series of 2020B (the "Series 2020B Bonds"), in a maximum principal amount of $[51,000,000] (the "Series 2020B Bonds"), the proceeds of which shall be used to refund the Refunded Bonds. All such Series 2020 Bonds shall constitute Bonds, as defined in the Master Resolution. Section 12.302 Details of Series 2020 Bonds. (a) Subject to the provisions of paragraph (e)below, the Series 2020A Bonds shall be designated as the "Water and Sewer System Revenue Bonds, Series of 2020A," shall be numbered RA-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $[50,000,000], shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Subject to the provisions of paragraph (e) below, the Series 2020B Bonds shall be designated as the "Water and Sewer System Refunding Revenue Bonds, Series of 2020B," shall be numbered RB-1 upward, shall be dated, shall be in an aggregate principal amount not to 3 exceed $[51,000,000], shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City (c) Principal of the Series 2020 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Registrar. Interest on the Series 2020 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (d) Except as otherwise provided herein, the Series 2020 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution. (e) The Series 2020 Bonds shall be sold by competitive bid, and the City Manager shall receive bids for the Series 2020 Bonds and award each series of the Series 2020 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost for such series, subject to the following limitations. Each series of the Series 2020 Bonds shall (a)have a per annum true interest cost not exceeding [3.50]% (taking into account any original issue discount or premium), calculated independently for each series, (b)be sold at a net price of not less than 100% of the aggregate principal amount thereof, and (c)mature no later than October 1, 20[45]. Section 12.303 Book Entry System. Initially, one Series 2020 Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series 2020 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series 2020 Bonds will not receive physical delivery of the Series 2020 Bonds. So long as DTC is acting as securities depository for the Series 2020 Bonds, a book entry system shall be employed, evidencing ownership of the Series 2020 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Series 2020 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series 2020 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Series 2020 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the 4 City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 2020 Bonds is not in the best interest of the City or the beneficial owners of the Series 2020 Bonds, the Registrar and the City shall discontinue the book entry system with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix A or Appendix B, as applicable, with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series 2020 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long as DTC is the securities depository for the Series 2020 Bonds (a) it shall be the registered owner of the Series 2020 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Twelfth Supplemental Resolution to holders of the Series 2020 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series 2020 Bonds. Section 12.304 Registrar. The selection of The Bank of New York Mellon Trust Company, N.A. as paying agent and bond registrar for the Series 2020 Bonds is approved. Section 12.305 Form of Series 2020 Bonds. (a) The Series 2020A Bonds shall be in substantially the form set forth in Appendix A with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. (b) The Series 2020B Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof Section 12.306 Security for Series 2020 Bonds. The Series 2020 Bonds shall be issued pursuant to the Master Resolution and this Twelfth Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations. Section 12.307 Application of Proceeds. The proceeds of the Series 2020 Bonds shall be applied as follows: 5 (a) The proceeds of the Series 2020A Bonds (after netting any original issue premium or discount and deducting the applicable underwriting discount) shall be applied as follows: (i) If other City funds are not utilized for such purpose, the amount of Series 2020 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the total Debt Service Reserve Requirement for all Series of Bonds, shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund; and (ii) The balance of the proceeds shall be retained by the City and deposited in a General Account in the Construction Fund to be used to pay the Cost of the 2020 Project and to pay expenses incident to issuing the Series 2020 Bonds. (b) The proceeds of the Series 2020B Bonds (after netting any original issue premium or discount and deducting the applicable underwriting discount) shall be applied to pay the principal of and accrued interest on the Refunded Bonds on their optional redemption date. ARTICLE IV REDEMPTION OF SERIES 2020 BONDS Section 12.401 Optional Redemption Provisions. The Series 2020 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined and agreed upon by the City Manager, in whole or in part at any time at redemption prices equal to no greater than 100%of the principal amount of the Series 2020 Bonds, together with any accrued interest to the redemption date. Section 12.402 Mandatory Redemption. The Series 2020 Bonds may be subject to mandatory sinking fund redemption prior to maturity in years and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. Section 12.403 Selection of Series 2020 Bonds for Redemption. If less than all of the Series 2020 Bonds of a Series are called for redemption, the Series 2020 Bonds of a Series to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Series 2020 Bonds of a particular maturity are called for redemption, the Series 2020 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. 6 The portion of any Series 2020 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2020 Bonds for redemption, each Series 2020 Bond shall be considered as representing that number of Series 2020 Bonds which is obtained by dividing the principal amount of such Series 2020 Bond by $5,000. If a portion of a Series 2020 Bond shall be called for redemption, a new Series 2020 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 12.404 Notice of Redemption. (a) The Registrar shall send notice of the call for redemption identifying the Series 2020 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2020 Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3)to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. (b) In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with an escrow agent no later than the redemption date or(2)the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time prior to the redemption date, and the Registrar shall give prompt notice of such rescission to the affected Series 2020 Bondholders. Any Series 2020 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the City to make funds available on or before the redemption date shall not constitute an Event of Default, and the Registrar shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2020 Bondholders that the redemption did not occur and that the Series 2020 Bonds called for redemption and not so paid remain outstanding. ARTICLE V FEDERAL TAX PROVISIONS Section 12.501 Limitation of Use of Proceeds. The City covenants with the holders of the Series 2020 Bonds as follows: (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series 2020 Bonds (including failure to spend the same with due 7 diligence) the taking or omission of which would cause the Series 2020 Bonds of any Series to be"arbitrage bonds"within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series 2020 Bonds of any Series to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series 2020 Bonds of any Series to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2020 Bonds. (b) The City shall not permit the proceeds of the Series 2020 Bonds or the facilities to be financed with such proceeds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (c) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2020 Bonds from gross income for federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2020 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 12.502 Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the United States of America, as and when due, in accordance with the "rebate requirement" described in Section 148(f) of the Code and retain records of all such determinations until six years after payment in full of the Series 2020 Bonds. Section 12.503 Calculation and Payment of Rebate Amount. (a) The City selects October 1 as the end of the bond year with respect to the Series 2020 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2020 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate 8 Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or(2) a bona fide arbitrage rebate calculation reporting service. (c) Not later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment in full of the Series 2020 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment in full of the Series 2020 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment in full of the Series 2020 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2020 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. ARTICLE VI AMENDMENTS TO MASTER RESOLUTION Section 12.601 Effective Date of Amendments. Notwithstanding anything herein to the contrary, pursuant to Section 1102 of the Master Resolution, the amendments provided in this Article shall be effective only upon the consent of the holders of a majority in aggregate principal amount of Bonds then Outstanding. The initial holders of the Series 2020 Bonds by their purchase thereof shall be deemed to have consented to the amendments provided in this Article. Section 12.602 Notice of Amendments to Bondholders. The City previously received the consent of the initial holders of its $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, to the amendments provided in this Article (which also appeared in Article VI of the Eleventh Supplemental Resolution dated May 3, 2016). With the issuance of the Series 2020 Bonds and the redemption of the Refunded Bonds, not less than a majority in aggregate principal amount of the Outstanding Bonds shall have consented to the amendments provided in this Article; therefore, the City shall cause the "Notice to Bondholders" attached hereto as Appendix C to be sent by facsimile or electronic 9 transmission, registered or certified mail or overnight express delivery to the holders (the same being DTC or its nominee, as stated in Section 12.303 above, so long as DTC is the securities depository for the Series 2020 Bonds) of any then Outstanding Bonds other than those that have previously provided consent, i.e., the $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013. The City shall also cause such Notice to Bondholders to be filed in electronic format with the Municipal Securities Rulemaking Board for dissemination on its Electronic Municipal Market Access (EMMA) System. Section 12.603 Amendments to Take Effect Upon Bondholder Consent. Section 604 of the Master Resolution is hereby amended and restated in its entirety to read as follows: "Section 604. Revenue Fund. The City shall collect and deposit all Pledged Revenues in the Revenue Account of the Revenue Fund at least weekly. Moneys in the Revenue Fund shall be used only in the manner and priority set forth below. The City shall pay when due Operating Expenses from the Revenue Account in accordance with the Annual Operating Budget. Provided that the City shall retain at all times in the Revenue Account an amount equal to the estimated amount of Operating Expenses for the next succeeding two months as provided in the Annual Operating Budget, the City shall make the following transfers from the Revenue Fund when required, in the following order of priority: (a) to the Fiscal Agent for deposit in the Revenue Bond Fund, amounts sufficient to make the following deposits: (1) first, to the Interest Account in the Revenue Bond Fund, the amount of interest, if any, due on each Series of Bonds; and (2) then, to the Principal Account in the Revenue Bond Fund, the amount of principal, if any, due on each Series of Bonds. (b) to the Fiscal Agent for deposit in the Parity Double Barrel Bond Fund, amounts sufficient to make the following deposits: (1) first, to the Interest Account in the Parity Double Barrel Bond Fund, the amount of interest, if any, due on each issue of Parity Double Barrel Bonds; and (2) then, to the Principal Account in the Parity Double Barrel Bond Fund, the amount of principal, if any, due on each issue of Parity Double Barrel Bonds or Parity Double Barrel Term Bonds. (c) to the Fiscal Agent for deposit in the Parity Debt Service Component Fund, the amount, if any, due on any Parity Debt Service Component; 10 (d) to the Fiscal Agent for deposit in the Debt Service Reserve Fund, the amount, if any, necessary to increase the amount on deposit in the Debt Service Reserve Fund to the Debt Service Reserve Requirement; (e) to the Subordinate Debt Fund the amount, if any, of principal of and interest due on any Subordinate Debt; (f) by July 31 of each Fiscal Year, in accordance with the City's capital improvement program for such Fiscal Year, the annual amount budgeted for deposit into the Renewal and Replacement Account (or such lesser amount if the entire amount is not available in the Revenue Account, in which event the balance shall be transferred from the Residual Account); (g) by July 31 of each Fiscal Year, in accordance with the City's capital improvement program for such Fiscal Year, the annual amount budgeted for deposit into the Capital Improvement Account (or such lesser amount if the entire amount is not available in the Revenue Account, in which event the balance shall be transferred from the Residual Account); and (h) by the August 15 following the end of each Fiscal Year, to the Residual Account any amount remaining in the Revenue Account." ARTICLE VII MISCELLANEOUS Section 12.701 Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Twelfth Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series 2020 Bonds any legal or equitable right, remedy or claim under or in respect to this Twelfth Supplemental Resolution or any covenant, condition or agreement herein contained, this Twelfth Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series 2020 Bonds as herein provided. Section 12.702 SNAP Investment. The Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"). The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 11 Section 12.703 Severability. If any provision of this Twelfth Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 12.704 Effective Date. This Twelfth Supplemental Resolution shall take effect immediately. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City Attorney's Office CA R- , 2020 12 f APPENDIX A FORM OF SERIES 2020A BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED RA-_ $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Bond, Series of 2020A INTEREST RATE MATURITY DATE DATED DATE CUSIP % October 1, , 2020 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bond is authenticated prior to April 1, 2021, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment A-1 date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $ Water and Sewer System Revenue Bonds, Series of 2020A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on September 15, 2020 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the "System"), as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013, (ii) $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, and (iii) $ Water and Sewer System Refunding Revenue Bonds, Series of 2020B (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. The Bonds maturing on and after October 1, 2031, are subject to redemption beginning October 1, 2030, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. A-2 [Bonds maturing on October 1, 20_ are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 12.402 of the resolution adopted on September 15, 2020, on October 1 in years and amounts upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3)to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. A-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. [Signature Page Follows] A-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach,Virginia Date Authenticated: A-5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.,Registrar By Authorized Signature A-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s)unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE • • the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney,to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. A-7 APPENDIX B FORM OF SERIES 2020B BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co.,has an interest herein. REGISTERED REGISTERED RB-_ $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Refunding Bond, Series of 2020B INTEREST RATE MATURITY DATE DATED DATE CUSIP October 1, _, 2020 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bond is authenticated prior to April 1, 2021, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment B-1 date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $ Water and Sewer System Refunding Revenue Bonds, Series of 2020B (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on September 15, 2020 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of refunding certain prior bonds, as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013, (ii) $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, and (iii) $ Water and Sewer System Revenue Bonds, Series of 2020A (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. The Bonds maturing on and after October 1, 2031, are subject to redemption beginning October 1, 2030, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. B-2 [Bonds maturing on October 1, 20_, are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 12.402 of the resolution adopted on September 15, 2020, on October 1 in years and amounts upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. B-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. [Signature Page Follows] B-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia Date Authenticated: B-5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Registrar By Authorized Signature B-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE • • • the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof,with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. B-7 APPENDIX C NOTICE TO BONDHOLDERS NOTICE OF AMENDMENT TO MASTER RESOLUTION CITY OF VIRGINIA BEACH, VIRGINIA Water and Sewer System Revenue and Refunding Bonds,Series of 2013 [CUSIPS &Maturities] The Bank of New York is Bond Registrar for the above-captioned bonds (the "Bonds"), which were issued under a Master Resolution adopted by the City Council (the "City Council") of the City of Virginia Beach, Virginia (the "City"), on February 11, 1992, as previously supplemented and amended (the "Master Resolution"). The purpose of this Notice is to notify Bondholders that the Master Resolution has been amended. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Master Resolution. The amendments to the Master Resolution provide that(i) interest and principal payments on each Series of Bonds and Parity Obligations will be transferred from the Revenue Account to the respective Bond Debt Service Account on their due date, rather than transferred to those accounts in fractional amounts on a monthly basis throughout the year, (ii) deposits to the Renewal and Replacement Account will be made by July 31 of each Fiscal Year in the full amount budgeted by the City in accordance with its capital improvement program for such Fiscal Year, rather than a fixed amount of$2,000,000 to be restored in fractional amounts over a twelve month period, (iii) deposits to the Capital Improvement Account will be made by July 31 of each Fiscal Year, rather than on the 25th day of the first full month after the City Council's approval of the capital improvement program, and (iv) deposits to the Residual Account will be made by the August 15 following the end of each Fiscal Year, rather than on the 25th day of the last month of such Fiscal Year. A copy of the Master Resolution and the amendments may be obtained from the Clerk of the City upon written request (addressed to the attention of the Department of Finance, Municipal Center, Virginia Beach, Virginia 23456), together with satisfactory evidence that the requestor is a holder of a Bond. No amendments were made to the terms of the Bonds. CUSIP Numbers are included solely for the convenience of the Bondholders. Neither the City nor The Bank of New York shall be responsible for the selection or use of the CUSIP Numbers, nor is any representation made as to its correctness on any bond or as indicated in any notice. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., as Registrar Dated: October , 2020 C-1 CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated October 2020 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia(the"City"), in connection with the issuance by the City of its Water and Sewer System Revenue Bonds, Series of 2020A, and its $ Water and Sewer System Revenue Bonds,Series of 2020B(collectively,the"Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the original purchasers of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12, as amended (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual fmancial information and event notices required by the Rule (collectively,"Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section(b)(5)(i)of the Rule as follows: (i) audited fmancial statements of the City's water and sewer enterprise fund,prepared in accordance with generally accepted accounting principles;and (ii) the operating data with respect to the water and sewer system described in the City's Official Statement dated October_,2020,entitled"Ten Largest Utility(Water)Customers,""Rate History,""Water Resource Recovery Fees," "Water and Sewer Debt," "Water and Sewer Enterprise Fund Debt Service Requirements" and "System Operating Revenues,Expenses and Coverage." If the financial statements filed pursuant to Section 2(a)(i)are not audited,the City shall file such statements as audited when available. (b) The City shall file annually with the Municipal Securities Rulemaking Board (the "MSRB") the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year,commencing with the City's fiscal year ending June 30,2020. (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to the MSRB or filed with the SEC; provided, however, that any fmal official statement incorporated by reference must be available from the MSRB. (d) The City shall file with the MSRB in a timely manner notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall file with the MSRB in a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: (a) principal and interest payment delinquencies; (b) non-payment related defaults,if material; (c) unscheduled draws on debt service reserves reflecting fmancial difficulties; (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers,or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 570 1-TEB) or other material notices or determinations with respect to the tax status of the Bonds,or other material events affecting the tax status of the Bonds; (g) modifications to rights of Bondholders,if material; (h) bond calls,if material,and tender offers; (i) defeasance of all or any portion of the Bonds; (j) release,substitution,or sale of property securing repayment of the Bonds,if material; (k) rating changes; (1) bankruptcy,insolvency,receivership or similar event of the City; (m) the consummation of a merger,consolidation,or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions,other than pursuant to its terms,if material; (n) appointment of a successor or additional trustee or the change of name of a trustee,if material; (o) incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders,if material;and (p) default,event of acceleration,termination event,modification of terms,or other similar events under the terms of the financial obligation of the City,any of which reflect financial difficulties. The term "financial obligation" means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or source of payment for, an existing or planned debt obligation; or (iii) guarantee of(i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. Section 4. Termination. The obligations of the City hereunder will terminate upon the redemption, defeasance(within the meaning of the Rule)or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter file with the MSRB a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder(within the meaning of the Rule)or beneficial holder of Bonds then outstanding may,by notice to the City,proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and(ii)shall not give rise to any right or remedy other than that described in Section 6(a)above. Section 7. Filing Method. Any filing required hereunder shall be made by transmitting such disclosure, notice or other information in electronic format to the MSRB through the MSRB's Electronic Municipal Market Access(EMMA)system pursuant to procedures promulgated by the MSRB. 2 Section 8. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary,the City shall not incur any obligation to continue to provide,or to update,such additional information or data. Section 9. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH,VIRGINIA By: City Manager,City of Virginia Beach,Virginia 3 OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH WATER AND SEWER SYSTEM REVENUE BONDS $ $ Water and Sewer System Revenue Bonds, Water and Sewer System Refunding Revenue Bonds, Series of 2020A Series of 2020B Electronic bids only will be received by the City of Virginia Beach,Virginia(the"City"),in accordance with this Official Notice of Sale until 10:30 A.M.,Eastern Time,on Wednesday,October 14,2020(the"Date of Sale")for the sale of the$ * aggregate principal amount of City of Virginia Beach,Virginia,Water and Sewer System Revenue Bonds and Refunding Revenue Bonds consisting of(a)$ *Water and Sewer System Revenue Bonds, Series of 2020A(the"Series 2020A Bonds")and(b)$ *Water and Sewer System Refunding Revenue Bonds, Series of 2020B (the"Series 2020B Bonds" and together with the Series 2020A Bonds, the`Bonds"). Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 5:00 p.m., Eastern Time,on the Date of Sale. Unless otherwise defined in this Official Notice of Sale,all capitalized terms shall have the meanings as set forth in the Preliminary Official Statement, dated October 7, 2020 (the "Preliminary Official Statement"), containing information related to the Bonds. Bid Submission Solely as an accommodation to bidders, electronic bids via PARITY® Competitive Bidding System ("PARITY®") will be accepted in accordance with this Official Notice of Sale. The City is using PARITY® as a communication mechanism to conduct the electronic bidding for the sale of the Bonds.To the extent any instructions or directions set forth in PARITY®conflict with this Official Notice of Sale,the terms of this Official Notice of Sale shall control.Each bidder submitting an electronic bid agrees(i)that it is solely responsible for all arrangements with PARITY®, (ii) that PARITY® is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of PARITY®.The City assumes no responsibility for,and each bidder expressly assumes the risks of and responsibility for,any incomplete,inaccurate or untimely bid submitted by such bidder through PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY®for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the City nor PARITY® shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor PARITY® shall be responsible for proper operation of,or have any liability for,any delays or interruptions of,or any damages caused by,PARITY®.For further information about PARITY®,potential bidders may contact PARITY®at(212)849-5021. Any bid submitted pursuant to this Official Notice of Sale shall be considered a firm bid for the purchase of the Bonds. By submitting a bid for the Bonds,a bidder represents and warrants to the City that the bidder has an established industry reputation for underwriting new issuances of municipal bonds and such bidder's bid is submitted for and on behalf of such bidder by an officer or agent who is duly authorized to bind the bidder to a legal,valid and enforceable contract for the purchase of the Bonds. Once the bids are communicated electronically via PARITY®to the City,each bid will constitute an irrevocable offer to purchase the Bonds on the terms herein and therein provided. •Subject to adjustment as set forth herein. Principal Redemption The Bonds will be limited obligation bonds of the City, dated the date of delivery, which is expected to be October 28,2020(the"Dated Date"),and will mature serially or be subject to mandatory sinking fund redemptions on October 1 in the years and amounts shown below. Series 2020A Series 2020B October 1 Bonds' October 1 Bonds' 2021 $ 2021 $ 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 2028 2029 2029 2030 2030 2031 2031 2032 2032 2033 2033 2034 2034 2035 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Serial Bonds,Term Bonds and Mandatory Sinking Fund Redemptions Bidders may provide for all of the Series 2020A Bonds or all of the Series 2020B Bonds to be issued as serial bonds or may designate consecutive annual principal amounts of any series to be combined into one or more term bonds. Maturities on the term bonds for the Series 2020A Bonds and the Series 2020B Bonds will NOT be required to match. In the event that a bidder chooses to specify a term bond,each such term bond shall be subject to mandatory sinking fund redemption commencing on October 1 of the first year which has been combined to form such term bond and continuing on October 1 in each year thereafter until the stated maturity of such term bond.The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. The Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the maturities of the term bond being redeemed. Adjustment of Principal Amount Prior to Opening of Bids The preliminary aggregate principal amount of the Bonds and the preliminary annual principal maturities of the Bonds,each as set forth in this Official Notice of Sale,may be revised by the City before the receipt of bids. Any such revisions made prior to receipt of the bids will be published via TM3 Newswire (or some other municipal newswire recognized by the municipal securities industry)and via PARITY®no later than 9:30 a.m.,Eastern Time, on the Date of Sale.In the event that no such revisions are made,the preliminary amounts will constitute the amounts that shall be used for the bid and award of the Bonds,subject to further adjustment,as described below. •Subject to adjustment as set forth herein. Adjustment of Principal Amount After Award The City reserves the right,after the award of the Bonds to the successful bidder,to increase or decrease,by up to fifteen percent(15%)the aggregate principal amount of the Series 2020A Bonds and to increase or decrease by up to fifteen percent(15%)the aggregate principal amount of the Series 2020B Bonds being offered hereby.Any such increase or decrease in the principal amount of particular maturities of the Series 2020A Bonds and the Series 2020B Bonds will be communicated to the successful bidder by 5:00 p.m., Eastern Time, on the Date of Sale. The dollar amount bid for the principal of the Series 2020A Bonds and the Series 2020B Bonds by the successful bidder will be adjusted, as necessary,to reflect any increase or decrease in the principal amount of the applicable maturities of the Series 2020A Bonds and the Series 2020B Bonds so adjusted,but the interest rates specified by the successful bidder for each maturity will not be altered. Such adjusted dollar amount bid will not change the successful bidder's compensation per $1,000 of par amount of the Series 2020A Bonds and will not change the successful bidder's compensation per$1,000 of par amount of the Series 2020B Bonds from that which would have resulted from the bid submitted.The successful bidder may not withdraw its bid as a result of any change made within the foregoing limits. Description of the Bonds; Book-Entry Only System The Bonds will be issued pursuant to a Master Water and Sewer Revenue Bond Resolution adopted by the City Council on February 11, 1992 (the "Master Resolution"), as previously supplemented and amended and as supplemented and amended by a Twelfth Supplemental Resolution adopted by the City Council on September 15,2020(the"Twelfth Supplemental Resolution" and together with the Master Resolution and all previous supplements,collectively referred to herein as the"Resolution"). The Bonds will be issued by means of a book-entry system with no distribution of physical bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company,New York,New York("DTC"),or its nominee,and immobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of$5,000 or multiples thereof,with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants.Bond certificates registered in the name of Cede&Co.will be deposited with DTC.Interest on the Bonds will be paid semiannually on April 1 and October 1,beginning April 1,2021,and principal on the Bonds will be paid annually on October 1,beginning October 1, 2021, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC,its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City.Under such circumstances, in the event that a successor securities depository is not obtained,bond certificates are required to be prepared,executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that case,either a successor depository will be selected by the City or bond certificates will be prepared,executed and delivered. Optional Redemption The Bonds that mature on and after October 1,2031,will be subject to redemption beginning October 1,2030, in whole or in part at any time, at the option of the City,upon payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption date.The Bonds that mature on and before October 1,2030 are not subject to optional redemption. Selection of Bonds for Redemption; Notice of Redemption If less than all of the Bonds are called for redemption,the Bonds to be redeemed shall be selected by the City's Director of Finance in such a manner as he or she may determine to be in the best interest of the City.If less than all of the Bonds of a particular maturity are called for redemption,the bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, by the City Treasurer,who has been appointed the registrar(the"Registrar"),by lot in such manner as the Registrar in its discretion may determine.In either case,each portion of the$5,000 principal amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by the Trustee to the holders by facsimile transmission, registered or certified mail or overnight express delivery,not less than 30 nor more than 60 days prior to the redemption date,to the registered owner thereof.Neither the City nor the Trustee shall be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds.If no qualified securities depository is the registered owner of the Bonds,notice of redemption shall be mailed to the registered owners of the Bonds.If a portion of a Bond is called for redemption,a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. Security The Bonds are limited obligations of the City,payable solely from Pledged Revenues of the System, subject to the prior application thereof to the payment of Operating Expenses, and reserves therefor, as provided in the Resolution. Neither the faith and credit of the Commonwealth of Virginia(the"Commonwealth")nor the faith and credit of any county, city, town or other subdivision of the Commonwealth, including the City, are pledged to the payment of principal of or interest on the Bonds. In the Resolution, the City covenants to fix, charge, collect and revise its fees,rates and other charges for the use of and for the services furnished by the System in each Fiscal Year so as to produce revenues sufficient to pay the cost of operation and maintenance,the cost of necessary replacements and improvements and debt service on the Bonds and on any other indebtedness of the City secured by such revenues, and to provide certain reserves therefor. Use of Bond Proceeds As described in more detail in the Preliminary Official Statement,the proceeds of the Bonds will be used to (a) fmance acquisitions, improvements, extensions, additions and replacements to the System, (b) refund certain outstanding principal amounts of indebtedness of the system,and(c)pay certain costs of issuance related to the Bonds. Bidding Rules;Award of Bonds Bidders may only bid to purchase all of the Bonds.Bidders are invited to name the rate or rates of interest per annum which the Bonds are to bear in multiples of one-twentieth(1/20th)or one-eighth(1/8th)of one percent. Each bidder must specify in its bid a single rate for each maturity of the Series 2020A Bonds and a single rate for each maturity of the Series 2020B Bonds. For the Series 2020A Bonds,any number of rates may be named,provided that (a) no interest rate for any maturity may be lower than 3.00% and(b) no interest rate for any maturity may exceed 5.00%. For the Series 2020B Bonds, any number of rates may be named,provided that (a) no interest rate for any maturity may be lower than 3.00%and(b)no interest rate for any maturity may exceed 5.00%. [In no event shall the "true"interest cost of the Bonds exceed[3.50%],calculated as described in the paragraph below]. No bid for less than 100%of par value of the principal amount of the Series 2020A Bonds and less than 100% of par value of the principal amount of the Series 2020B Bonds(computed on the basis of a 360-day year and twelve 30-day months)shall be considered.No bond of any maturity may be reoffered at a price less than 95%of the principal amount of such bond.The City reserves the right to reject any or all bids(regardless of the interest rate bid),to reject any bid not complying with this Official Notice of Sale and, so far as permitted by law,to waive any irregularity or informality with respect to any bid or the bidding process. Each bid must be unconditional. Unless all bids are rejected,the Bonds will be awarded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest"true"interest cost to the City.True interest cost shall be determined for each bid by doubling the semiannual interest rate,compounded semiannually,necessary to discount the debt service payments from the payment dates to the Dated Date and to the aggregate price bid for the Bonds. If more than one bid offers the same lowest true interest cost,the successful bid will be selected by the City Manager by lot. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement,any such purchase of insurance or commitment therefor shall be at the sole option and expense of the bidder,and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment.Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance of its bid for the purchase of the Bonds. As promptly as reasonably possible after the bids are received,the City will notify the bidder to whom the Bonds will be awarded, if and when such award is made. Such bidder,upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds. All bids will remain firm until the award of the Bonds.An award of the Bonds,if made,will be made by the City Manager by the City by 5:00 p.m.,Eastern Time,on the Date of Sale. Good Faith Deposit The successful bidder for the Bonds is required to submit a Good Faith Deposit in the amount of$ payable to the order of the City of Virginia Beach in the form of a wire transfer in federal funds,as instructed by the City's Financial Advisor.The successful bidder must submit the Good Faith Deposit not later than 4:00 P.M.,Eastern Time,on the Date of Sale.The successful bidder shall provide the federal funds reference number upon request of the City.If the successful bidder fails to comply with the terms of its bid,the Good Faith Deposit shall be retained by the City as full liquidated damages; otherwise, the amount thereof will be applied to the purchase price of the Bonds at the time of delivery. No interest on the Good Faith Deposit will accrue to the successful bidder. Wiring instructions for the Good Faith Deposit may be obtained from Andrew T. Oliver, Debt and Financial Services Administrator (telephone(757)385-8228;email atoliver@vbgov.com). Delivery of the Bonds The Bonds will be delivered at the expense of the City,in New York,New York,through the facilities of DTC on or about October 28,2020. Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost(a)a certificate dated the date of delivery of the Bonds,signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information,knowledge and belief,threatened against the City to restrain or enjoin the issuance or delivery of the Bonds and(b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the sections entitled "Book-Entry System"and"Tax Exemption"and in the columns"Price/Yield"and"CUSIP No."on the inside cover),on the date of the Official Statement and on the date of delivery of the Bonds,were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made,not misleading. Such certificates will also state,however,that such City officials did not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is notaccurate. Issue Price Determination The City expects and intends that the bid for the Bonds will satisfy the federal tax requirements for a qualified competitive sale of bonds,including,among other things,receipt of bids for the Bonds from at least three underwriters, who have established industry reputations for underwriting new issuances of municipal bonds (a "Qualified Competitive Bid").The City will advise the successful bidder as promptly as possible after the bids are opened whether the bid constitutes a Qualified Competitive Bid, or, in the alternative,a bid that fails to satisfy such requirements(a "Nonqualified Competitive Bid"). If the bid is a Qualified Competitive Bid,as promptly as possible after the bids are opened,the City will notify the successful bidder, and such bidder,upon such notice, shall advise the City within 30 minutes of the reasonably expected initial offering price to the public of each maturity of the Bonds. In addition, the winning bidder shall be required to provide to the City information to establish the initial expected offering price for each maturity of the Bonds for federal income tax purposes by completing a certificate acceptable to Bond Counsel to the City,on or before the date of issuance of the Bonds, substantially in the form set forth in Exhibit A to the Official Notice of Sale,with appropriate completions,amendments and attachments. If the bid is a Nonqualified Competitive Bid,as promptly as possible after the bids are opened,the City will notify the successful bidder,and such bidder,upon such notice, shall advise the City within 30 minutes of the initial sale price or initial offering price to the public,as applicable,of each maturity of the Bonds.In addition,the winning bidder shall be required to provide to the City information and assurances to establish the initial sale price or the initial offering price to the public, as applicable, for each maturity of the Bonds for federal income tax purposes by completing a certification acceptable to Bond Counsel in substantially the form set forth in Exhibit B to the Official Notice of Sale, with appropriate completions, omissions and attachments. It is noted that procedures for a Nonqualified Competitive Bid may require the winning bidder and,if applicable,other underwriters of the Bonds,to hold the initial offering prices for certain maturities of the Bonds for up to five business days after the sale date,as further specified in the form of such certification. Undertakings of the Winning Bidder The successful bidder must,by electronic transmission received by the City within 2 hours after notification of fmal principal amounts of the Bonds, furnish the following information to the City to complete the Official Statement in fmal form,as described below: A. The offering prices for the Bonds(expressed as the price or yield per maturity,exclusive of any accrued interest). B. Selling compensation(aggregate total anticipated compensation to the underwriter expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described above). C. Any desired combination of annual principal installments of the Series 2020A Bonds or the Series 2020B Bonds bearing the same interest rate into term bonds with mandatory sinking fund redemption requirements. D. The identity of the underwriters if the successful bidder is a part of a group or syndicate. E. Any other material information necessary to complete the Official Statement in fmal form but not known to the City. F. Confirmation from the successful bidder that it will execute and deliver the applicable issue price certificate on or prior to the delivery date and will comply in all respects with the provisions of such certificate. CUSIP Numbers Public Resources Advisory Group,municipal advisor to the City,will timely apply for CUSIP numbers with respect to the Bonds as required by MSRB Rule G-34. The successful bidder will be responsible for the cost of assignment of such CUSIP numbers. It is anticipated that CUSIP numbers will be printed on the Bonds,but the failure to print such numbers on any Bond or any error with respect thereto shall not constitute cause for a failure or refusal by the successful bidder to accept delivery of and make payment for the Bonds. Official Statement The City will furnish the successful bidder at the expense of the City a reasonable number of copies of the fmal Official Statement by the earlier of the closing date and seven business days from the date of the award of the Bonds, as specified in Rule 15c2-12,as amended(the"Rule"),of the Securities and Exchange Commission(the"SEC")and the rules of the MSRB provided that minor delays in furnishing such fmal Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds.Additional copies will be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The City expects the successful bidder to deliver copies of such Official Statement in fmal form (the "Final Official Statement")to persons to whom such bidder initially sells the Bonds and the Municipal Securities Rulemaking Board("MSRB")via the MSRB's Electronic Municipal Market Access System("EMMA"). The successful bidder will be required to acknowledge receipt of such Final Official Statement, to certify that it has made delivery of the Final Official Statement to the MSRB via EMMA,to acknowledge that the City expects the successful bidder to deliver copies of such Final Official Statement to persons to whom such bidder initially sells the Bonds and to certify that the Bonds will only be offered pursuant to the Final Official Statement and only in states where the offer is legal. The successful bidder shall notify the City as soon as practicable of(1) the date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and(2)the date of filing the Official Statement with the MSRB or its designee. If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Legal Opinion The approving opinion of Butler Snow LLP,Richmond, Virginia, Bond Counsel, with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute limited obligations of the City, payable solely from Pledged Revenues, as defined in the Preliminary Official Statement, subject to the prior application thereof to the payment of Operating Expenses, and reserves established under the Resolution on a parity with other water and sewer revenue bonds of the City. Federal and State Securities Laws No action has been taken to qualify the Bonds under the federal or any state's securities laws. Tax Matters The Preliminary Official Statement contains a discussion of the effect of the Internal Revenue Code of 1986, as amended,on the exclusion from gross income of interest on the Bonds and contains the proposed form of the opinion of Butler Snow LLP,insofar as it concerns such exclusion. Continuing Disclosure To assist the successful bidder in complying with the Rule, the City will agree, pursuant to the Continuing Disclosure Agreement,to provide certain annual financial information and operating data and notices of the occurrence of certain events.A description of this undertaking is set forth in the Preliminary Official Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds (See Appendix G of the Preliminary Official Statement date October 7,2020). Except as otherwise may be described in the Preliminary Official Statement(to the extent that any described instance constitutes a material failure), as of the date hereof, the City is not aware of any instances in the previous five years in which it has failed to comply in any material respect with any previous undertaking entered into pursuant to Rule 15c2-12. Right to Change the Notice of Sale and Change of Date and Time for Receipt of Bids The City reserves the right to make changes to this Official Notice of Sale and reserves the right to change the date and time established for the receipt of bids. Any such changes will be announced via TM3, or any other such service not later than 9:30 a.m. (Eastern Time)on the Date of Sale. If the date and time fixed for receipt of bids is changed,any alternative date and time for receipt of bids will be announced via TM3,or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date and time in conformity with the provisions of this Official Notice of Sale,except for any changes announced via the TM3 newswire,or any other such service,as described therein. Additional Information For further information relating to the Bonds and the City,reference is made to the City's Preliminary Official Statement.The City has deemed the Preliminary Official Statement to be fmal as of its date within the meaning of the Rule,except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Official Notice of Sale and the Preliminary Official Statement may be obtained from the City's Financial Advisor, Public Resources Advisory Group(telephone 212-566-7800). CITY OF VIRGINIA BEACH,VIRGINIA By:Patrick A.Duhaney City Manager Dated:October_,2020 Exhibit A To Official Notice of Sale Form of Issue Price Certificate For Qualified Competitive Sale CITY OF VIRGINIA BEACH $ i WATER AND SEWER SYSTEM REVENUE BONDS $ * $ Water and Sewer System Revenue Bonds, Water and Sewer System Refunding Revenue Bonds, Series of 2020A Series of 2020B ISSUE PRICE CERTIFICATE The undersigned, on behalf of (the "Initial Purchaser"), hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations(the"Bonds"). 1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by the Initial Purchaser are the prices listed in Schedule A(the"Expected Offering Prices").The Expected Offering Prices are the prices for the Maturities of the Bonds used by the Initial Purchaser in formulating its bid to purchase the, Bonds. Attached as Schedule B is a true and correct copy of the bid provided by the Initial Purchaser to purchase the Bonds. (b) The Initial Purchaser was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the Initial Purchaser constituted a firm offer to purchase the Bonds. 2. Defined Terms. (a) "Issuer"means the City of Virginia Beach. (b) "Maturity"means Bonds with the same credit and payment terms.Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates,are treated as separate Maturities. (c) "Public"means any person(including an individual, trust, estate,partnership,association, company, or corporation)other than an Underwriter or a related party to an Underwriter.The term"related party"for purposes of this certificate generally means any two or more persons who have (i) at least 50% common ownership of the voting power or the total value of their stock,if both entities are corporations(including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships(including direct ownership by one partnership of another),or(iii)more than 50%common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable,if one entity is a corporation and the other entity is a partnership(including direct ownership of the applicable stock or interests by one entity of the other). (d) "Sale Date"means the date that the Bonds are awarded by the Issuer to the successful bidder.The Sale Date of the Bonds is[DATE]. (e) "Underwriter"means(i)any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Bonds to the Public, and (ii)any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this •Subject to adjustment as set forth herein. paragraph to participate in the initial sale of the Bonds to the Public(including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate as to Arbitrage and Other Tax Matters and with respect to compliance with the federal income tax rules affecting the Bonds,and by Butler Snow LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes,the preparation of the Internal Revenue Service Form 8038- G,and other federal income tax advice that it may give to the City of Virginia Beach time to time relating to the Bonds. [INITIAL PURCHASER] By: Name: Dated: [ISSUE DATE] SCHEDULE A Expected Initial Offering Prices of the Bonds [Insert] SCHEDULE B Copy of Bid [Insert] Exhibit B To Official Notice of Sale Form of Issue Price Certificate For Nonqualified Competitive Sale CITY OF VIRGINIA BEACH $ t WATER AND SEWER SYSTEM REVENUE BONDS $ $ , Water and Sewer System Revenue Bonds, Water and Sewer System Refunding Revenue Bonds, Series of 2020A Series of 2020B ISSUE PRICE CERTIFICATE The undersigned,on behalf of (the"Initial Purchaser")[and other Underwriters,as defined below], hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations(the"Bonds"). 1. Sale of the General Rule Maturities. As of the date of this Certificate,for each Maturity of the General Rule Maturities,the first price at which 10%of such Maturity was sold by the Initial Purchaser to the Public is the respective price listed in Schedule A. 2. Initial Offering Price of the Hold-the-Offering-Price Maturities. (a) The Initial Purchaser offered the Hold-the-Offering Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A(the"Initial Offering Prices")on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this Certificate as Schedule B. (b) As set forth in the Notice of Sale and bid award,the Initial Purchaser has agreed in writing that,(i)for each Maturity of the Hold-the-Offering-Price Maturities,it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the "hold-the-offering-price rule"), and(ii)any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement,to comply with the hold-the-offering-price rule.Pursuant to the foregoing, no Underwriter has offered or sold any Maturity of the Hold-the-Offering Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 3. Defined Terms. (c) "General Rule Maturities" means those Maturities of the Bonds shown in Schedule A hereto as the "General Rule Maturities." (d) "Hold-the-Offering-Price Maturities"means those Maturities of the Bonds listed in Schedule A hereto as the"Hold-the-Offering-Price Maturities." (e) "Holding Period" means, with respect to a Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of(i) the close of the fifth business day after the Sale Date, or(ii) the date on which the Initial Purchaser has sold at least 10%of such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity. Subject to adjustment as set forth herein. (f) "Issuer"means the City of Virginia Beach. (g) 'Maturity"means Bonds with the same credit and payment terms.Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates,are treated as separate maturities. (h) "Public"means any person (including an individual, trust, estate, partnership, association, company, or corporation)other than an Underwriter or a related party to an Underwriter. The term"related party"for purposes of this certificate generally means any two or more persons who have (i) at least 50% common ownership of the voting power or the total value of their stock,if both entities are corporations(including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships(including direct ownership by one partnership of another),or(iii)more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable,if one entity is a corporation and the other entity is a partnership(including direct ownership of the applicable stock or interests by one entity of the other). (i) "Sale Date"means the date that the Bonds are awarded by the Issuer to the successful bidder.The Sale Date of the Bonds is[DATE]. (j) "Underwriter"means(i)any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Bonds to the Public,and (ii)any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this paragraph to participate in the initial sale of the Bonds to the Public(including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate as to Arbitrage and Other Tax Matters and with respect to compliance with the federal income tax rules affecting the Bonds,and by Butler Snow LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes,the preparation of Internal Revenue Service Form 8038-G, and other federal income tax advice it may give to the Issuer from time to time relating to the Bonds. [INITIAL PURCHASER] By: Name: Dated: [ISSUE DATE] SCHEDULE A Sale Prices of the General Rule Maturities [Insert] Initial Offering Prices of the Hold-The-Offering-Price Maturities [Insert] SCHEDULE B Pricing Wire or Equivalent Communication [See Attached] CERTIFICATE OF RESOLUTION The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia(the "City"), hereby certifies that: 1. A regular meeting of the Council was duly called and held on September 15, 2020 (the "Meeting"), at which a quorum was present and acting at all times. 2. Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Twelfth Supplemental Resolution Supplementing and Amending Resolution Adopted February 11, 1992, Entitled `Master Water and Sewer Revenue Bond Resolution Providing for the Issuance From Time to Time of One or More Series of Water and Sewer System Revenue Bonds of the City of Virginia Beach,' as Previously Supplemented and Amended, to Provide for the Issuance and Sale of Up to $[101,000,000] in Aggregate Principal Amount of its Water and Sewer System Revenue and Refunding Bonds, Series of 2020, and Providing for the Form, Details and Payment Thereof and the Financing of the Cost of Improvements to the City's Water and Sanitary Sewer Facilities," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name Present Absent Yes No Abstaining Robert M. Dyer, Mayor X X James L. Wood, Vice Mayor X X Jessica P. Abbott x X Michael F. Berlucchi X X Barbara M. Henley x X Louis R. Jones X X John D. Moss x X Aaron R. Rouse X X Guy King Tower X x Rosemary Wilson X X Sabrina D. Wooten X X 4. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this 15 t h day of September 2020. lerk, unc. f the City of Virginia Beach, Virginia (SEAL) 45 ITEM— V.I.5 ORDINANCES/RESOLUTIONS ITEM#70822 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to CARRY FORWARD and APPROPRIATE $2,253,411 to the FY2020-21 Operating Budget re purposes previously approved in FY2019-2020 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $2,253,411 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2019-20 INTO THE FY 4 2020-21 OPERATING BUDGET 5 6 WHEREAS, funding totaling $2,253,411 was unexpended at the close of Fiscal 7 Year 2019-20 and will require re-appropriation to achieve the purposes for which such 8 funds were included in the FY 2019-20 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $2,253,411 is hereby appropriated in the FY 2020-21 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2019-20 15 Items Requested for Carry Forward into FY 2020-21," with a corresponding increase in 16 specific fund reserve revenue from each respective fund stated therein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of September , 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services ity A ey s i CA15160 R-2 September 9, 2020 Exhibit A: FY 2019-20 Items Requested for Carry Forward into FY 2020-21 Department Amount Pupose Funding for Vehicle Replacement Program vehicles were unable to be Non-Departmental $ 189,154 purached due to COVID restrictions Conference sponsored by the Commonwealth in Virginia Beach was Human Services $ 150,000 delayed from the spring into the fall as a result of the pandemic. Funding was was approved by Council in 2019. Body Worn Camera Phase IV(estimated date September 2020) and Police $ 875,972 In Car Camera portion (awaiting deployment of 4G wireless upload technology improvements) VB Home Now funding for addressing homelessness. Funds must be Housing $ 72,173 used for appropriated purpose to be in compliance with donation. $ 1,287,299411111111111111.1111.111111111111iTotal General Fund Confidential Informant Funds.Appropration made by Council on Police $ 10,000 October 1, 2019. Canine Purchase. Original appropration by Council in 2019 called for Police $ 35,100 4 dogs, only one has been purchased thus far. $ 45,100 Total DEA Seized Property Special Revenue Fund Administrative funds for the Housing Choice Voucher program Housing $ 249,118 related to COVID support for the community. $ 249,118 Total Federal Section 8 Special Revenue Fund Funding for vehicle replacements unable to be purchased due to Public Utilities $ 418,700 COVID restrictions $ 418,700 Total Water and Sewer Enterprise Fund Public Works $ 16,000 Replacement garage bay doors unable to be purchased due to purchasing restrictions. $ 16,000idk Total City Gargage Internal Service Fund Library $ 227,777 Funding for purchase of Bookmobile. ! 11111r $ 227,777 Total Library Gift Fund Parks and Recreation $ 9,417 Funding for programs postponed due to COVID-19. IMP $ 9,417 Total Parks and Recreation Gift Fund $ 2,253,411 Total FY 2019-20 to FY 2020-21 Carry Forwards 46 ITEM— V.I.6 ORDINANCES/RESOLUTIONS ITEM#70823 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$90,000 to provide an interest free loan to the Princess Anne Court House Volunteer Rescue Squad and Fire Department re purchase of a new ambulance Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PRINCESS ANNE 3 COURT HOUSE VOLUNTEER RESCUE SQUAD AND FIRE 4 DEPARTMENT FOR THE PURCHASE OF A NEW 5 AMBULANCE 6 7 WHEREAS, the Princess Anne Court House Volunteer Rescue Squad and Fire 8 Department has requested an interest free loan of$90,000.00 to purchase a replacement 9 ambulance with required equipment. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $90,000 is hereby appropriated from the fund balance of the General 15 Fund for an interest-free loan to the Princess Anne Court House Volunteer 16 Rescue Squad and Fire Department for the purchase of a replacement 17 ambulance; and 18 19 2. That this loan is to be repaid by Princess Anne Court House Volunteer 20 Rescue Squad and Fire Department over five (5) years, pursuant to the 21 terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day Of September , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 44-0a7"Bud et & Managementervices CityAft ey's Office CA15158 R-1 August 31, 2020 Agreement between the City of Virginia Beach and the Princess Anne Court House Volunteer Rescue Squad and Fire Department THIS AGREEMENT is made and entered into this day of , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Princess Anne Court House Volunteer Rescue Squad and Fire Department, a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia§§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. 1 B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the , vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. PRINCESS ANNE COURT HOUSE CITY OF VIRGINIA BEACH VOLUNTEER RESCUE SQUAD AND FIRE DEPARTMENT City Manager/Authorized Designee By: Title: Date A FIEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $90,000.00 Virginia Beach, Virginia September, 2020 FOR VALUE RECEIVED, Princess Anne Court House Volunteer Rescue Squad and Fire Department ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of NINETY THOUSAND DOLLARS AND ZERO CENTS ($90,000.00)together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%)per annum. Payment on principal shall be as follows: On or before September 30, 2021 - $18,000.00 On or before September 30, 2022 - $18,000.00 On or before September 30, 2023 - $18,000.00 On or before September 30, 2024- $18,000.00 On or before September 30, 2025 - $18,000.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Princess Anne Court House Volunteer Rescue Squad and Fire Department (SEAL) Title: Date: ' "°�• q. Princess Anne courthouse Volunteer Rescue Squad and Fire Department, Inc. 5 VRIG/NiA REACH VIRGINIA t).4 0 Post Office Box 6314 �'� '� aw�o Virginia Beach. Virginia 23-156 • all iir Serving the Community Since 1947 `'� - Chief Ed Brazle Virginia Beach EMS 4164 Virginia Beach Blvd Virginia Beach, VA 23452 On behalf of myself and the Board of Directors, I would like to formally request a no interest loan from the City of Virginia Beach. As you may be aware, The Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc. has an immediate need to replace the ambulance that was stolen and subsequently totaled in April of 2018. As a result of the ongoing COVID19 pandemic, we have lost two significant sources of income this year. We initially applied for an Emergency Hardship grant in May of 2019 which was denied because it didn't meet the requirements of "a man-made catastrophe". We then applied for an 80/20 RSAF grant during the fall 2019 cycle which would have amounted to $215,000. During this cycle the FARC limited the value of ambulances at $250,000 (which had never been done before) and then awarded PACHVRS a 50/50 grant that amounted to $125,000. We received very little money after the loss of the unit ($45,000 from our supplemental insurance and $6,000 from CoVB Risk Management). We are requesting the no interest loan to (combined with the monies recovered and the RSAF grant) finalize the purchase of the new unit. We respectfully request a no interest loan in the amount $90,000 to be repaid in equal installments over 5 years. If you need any further information or other questions, please feel free to contact me. Respectfully, Chief Christopher J. aly cJ DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc. Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of White, Anderson, and tax returns Assoc Financial Services (include bank Beach Municipal Credit X institutions, lending institutions, Union & ABNB Federal and current mortgage holders as applicable) Credit Union Mike Robusto & Greg X Legal Services Sandler CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes rior to the Council a • upon this Application. X APPLICANT'S SIGNATURE Christopher Daly August 12, 2020 PRINT NAME DATE Ammilmw \\vbgov.com\dfsl\Departments\EMS\EMS Admin\OO4CMMI-SVC-PROfFLS-AREA\SUPPLIER-AGREEMEIJT-MANAGEMENT\supplier\Locally-permtted-ems\ems-disclosure-statementdoa \\vbgov.com\dfsl\Departments\EMS\EMS Admin\000 OlMI-SVC-PROCESS-AREA\SUPPLIER-AGREEMENT-MANAGEMENT\svpplier\IocalN-permitted-erm\ems-disclosure-statement--JWUle.pdf 47 ITEM— V.I.7 ORDINANCES/RESOLUTIONS ITEM#70824 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$24,956 from Supreme Court of Virginia Drug Treatment Court Docket Grant to FY2020-21 Commonwealth Attorney's Operating Budget and AUTHORIZE 25% in-kind grant match by Human Services re purchase of drug and alcohol testing supplies Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE FY 2020-21 SUPREME COURT OF VIRGINIA 3 DRUG TREATMENT COURT DOCKET GRANT AND TO 4 AUTHORIZE AN IN-KIND GRANT MATCH 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 1. $24,956 from the FY 2020-21 Supreme Court of Virginia Drug Treatment Court 10 Docket Grant is hereby accepted and appropriated, with estimated state revenues 11 increased accordingly, to the Virginia Beach Commonwealth Attomey's Office FY 12 2020-21 Operating Budget for expenses related to the Virginia Beach Adult Drug 13 Court. 14 15 2. A grant match (25%) is to be made in-kind by the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of September 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • • Budget & Management Services ey' CA15156 R-1 August 27, 2020 48 ITEM— V J.l a PLANNING ITEM#70825 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: a. 375 square feet adjacent to 217 75`"Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 375 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 217 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 24 Way") be discontinued, closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "375 Sq. Ft. 0.009 Ac.", and shown as the area 30 shaded black on that certain street closure exhibit entitled: 31 "STREET CLOSURE EXHIBIT OF A PORTION OF THE 10' & 32 15' LANES (PUBLIC R/W) ADJACENT TO THE WESTERN 1/2 33 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 34 30, 31 , 32, 33, 34, 35, 38, 39, 40, 41 , 42, 43, 44, 45, 46, 47, 35 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 124) LOT 36A 36 RESUBDIVISION OF LOTS 36 & 37 SHORE REALTY CORP. 37 (M.B. 7, PG. 124) (I.N. 20080331000357680) AND LOTS 3A & 38 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 5, SHORE 39 REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE 40 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20181120000955390) 41 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated January 42 10, 2020, prepared by WPL, a copy of which is attached 43 hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-56-8972 & 2419-56-9902 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 4 76rti STREET /If (en( I l(0B.I 7S�124) AP'*) N k ►-a Ili? 2REET JOII�CE 7IL 6�M a 2N01 DAM W�/96�t I 76141 STREET M7bI'i1 M OOPItT STREET I IYA72RR1 656SON N SIYt ON I STLET YY6't29�UYEN90 i I a�OR1FRf SIRED C.GR20 a 101 11 220 7sln STREET �' 9DA A MN6 ALE N.ARIMC101L JO6E/1K 0[19E0C19D LYNRM E.f 9305-C A20 WIN.2119-e7-2163 r , I �� van 7NN 510911 2156 76M SIREE1 I I I I •UNDER I i 76,N 1 v Nt LORRAINE MI 2t !MGM'M WORR441, i.. MI$1DI MUM i A,el♦If,ION 1AAM0 TRUST Q ok90NN1 BWO' g c zoo 7eN STREET i/� 1 " $o9WAS W.9 46103,JOKE C.WILORAU.& a 0� my 06EAR9^ s I I I g I '- _ 2 13 LOT - vO/ R R: .9'i i '9'�',+ ',J'�^ h e p e '.'J a �, 2,- 125 a 154 -6 '-6 v,A A CPR:2119-67-2161 §� oa sa 1 9 19 stl 9 I;� _ I §2 I 9„ I I 9a E ) ♦ `` ` S� ♦ WIM:2419-67-3000 O 0.66.'A... 30076Aar 1 I 0.666 ze1.. SOD'I 6A62'A... t0AGY M9. t.004 r4..1 =09 r r I z rt°°•jJ/ r / °°� j j�l V� j r j j s� I( �Iozi }. f S� - I �� 7502 i 750/A7WOC AVE -�-_-- LOT 11 /tom' Sa00' Qom' J7J0' /elt7' 6C1Y0 CAN:2419-674076 I • il -----T------ Se0' 370 Ft `\ 11. H g� , 0.4 OOQ6 Ae� o.goeAar i \\�0.0006 lslr + \\0.406 VI 11 \\0.Q09 kn.} 0.QW Pens Q010 War I r� WIN:2119-67-XI13 r 225 1A STREET ,dp• O P.,' I 1 $ I 1 I / a $ I $ I a I a a I >r I e66.'x.,,.--- C ) 1�06.14 ;,A 2 � RR X i NP AR 51 ' .., VE ;W .. . S$ ' VI J. , SE , LOT9 w m I 9: 9: 9± 3,-+„ I 9� 9� 8.., W9E Zi19-87-7021 7/A i 9: 9� 's: 9a 9- 9: s: 9: y.I GA ♦ ~ ------t------- s I A I A- 1 g, g I g g I g A I g A 1 A I g ;8':',s OA"B"N CLARKE - ►�, , 41'11 a 1 217 75t SREEI 215A 756 STREET 213 7511,SHEET 211 15N STREET 109 75t SKEET 20D 751A STEER 203 75t SHEET ' UlfCRC 2419-66-2996 I IIILICR IETBOII AEA i MEW C.*036S J01t 99E1 M1910N i AII%BFIeET1 RIMY OOHIIT C.YC23EII/M a DNM)1.SNolip1 i 9MIMCC A 1011,A _.J-1' 19 e w 221 75g1,STREET jOENE K 90, 2156 I S16E1 006106 0.M1901 t WRY 03068(TN JAW N.110nEMM AMrba1 J.SI1m10t jt J/2c 0.SIgN) ', IAIEN AIM 110M5011 Yfa11Y 7.JV' 1 7,50' MS a ATWIIC MOVE�- Z 25m,,,e I 0 25 50 75 Feet 75t STREET O (FORMERLY 772 y2 SIREt7) SURVEY AND GENERAL NOTES GRAPHIC TO 25'SCALE (40'RAv)(M.a 7 PG. 124) - H 1. THE TOTAL AREA ENCOMPASSED WITHIN SIREN SHEET l OF 1 CLOSUREA5.0 6 E '� EXMBII 6 6,513 SO.FT.OR 0.150 ACRES MS :7ike`-S C 2. THIS E1WBR IS INTENDED TO SHOW THE AREA OF PROPOSED 1170 Sq. RIGHT-OF-WAY CLOSURE MD INDEPENDENT OF TIE ASSOCIATED STREET CLOSURE EXHIBIT OF 'oJn7 A-r • 204A t 2010 750.SHEET 202 750!STREET RECORD DOCUMENT(S)MD IS NOT MENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMORY O.HALL JR.t 01ORI O.H4LL Jt t 111MI GENERAL REFERENCE. ADJACENT TO sm..'S M.HeSUS91 M.We3. A fILE REPORT HAS NOT BEEN PROVIDED FOR 1HIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 28, E, § I i I i a O MIN -i 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, 4 .1 : ^ SHORE REALTY CORP. (U.S. 7, PG. 124) ,' �g 6' IC ER'-. LOT 38A i , " I I o „ 1••1 Z Ile. E904 RESUBDMSION OF LOTS 36 t 37F. • n 04/3/2020 R. 11 t� o� SHORE REALTY CORP. (U.S. 7, Pc. 124) I I -J ,, 0.02'bu ~�SURN� O.N. 20080331000357680) I O IA00 AND I I 7:se' s; - TA0SKS A Ilac4Jra LOTS 3A k 4A I. 7406 ATNIM IX ��,/ WL - - - vALOE C.61LNAt CMI Ei,9Ino9/tn9 RESUBOMSION OF -- -- - 7m L0r JA R�ryp16IT9.eom 757.431.1041 . -_ 99'.a E1ASN t an rTEiJime lla.SE E 19Yt1E7CttMt3162 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. ' ,EC„-.EAG (U.S. nCOUNCIL r o, PG. 1-0) AND LOTS 6 & 7 SHORE REALTY CORP. I I 'Y`2.3.1976 C1'IN:2419-66-3621 J09:219-0346 17WG:219-0346_9 4484.189 (U.S. 7, PG. 124) (IN. 20181120000955390) ' REF:S-240 t S11-57 F13/PG:1030/37. 1040/78, 1049/20-21 VIRGINIA BEACH. VIRGINIA JANUARY 10. 2020 1052/66-47 t 1050/23-25 t 219-0346 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September , 20 20. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: goh,Art .klet4. • Planning De artmerit City Attorney CA14865(A) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 49 ITEM— V.J.lb PLANNING ITEM#70826 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: b. 250 square feet adjacent to 215A &215B 75`h Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 215A & 215B 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC RIW) ADJACENT TO THE 33 WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-56-9954-0001 & 2419-56-9954-0002 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office. which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 4 767:ti STREET i/('SS (mamuar 113 srREE7) h W N y 21a 76M STREET 2114 7aa MET I 2)4 lea STREET I T :to 761N SIREEI 10a a 7N1,SIRFI I 206 7e0 S 202 7L10 STREET S�„� J010E 6 96034 a - 9pWD H.14NN5 a P4151Ci1 N COP1EY PAIRICN(SEASON,90660 SAW 6 A91l101011 a 'JANES 6.0ELYECOIIO• ae610P1ER a C6 0& LOT 14 --- GPI*2419-67-2167 220 761n SWEET fO10B I STREET 16BA A W106 I I I I J " � j ASPIRE xLi LoeO i COMM E.M1EItiJR20 ( 1 4511 76M AL 21AB 761N STREET 1 TRUSTEES.UOOt 111E 301 76M MET 200 76a STREET__ `i I./ IOe51O1 N 4ggR41A SWAM OIUNN f 41eO41011 lMlf TRUST . DE1011II1 BfRR7 ovJ 1,j AKE C.60RRNL f fi aT OeURD `b '�' ^� C V g V.DdA,6 W.RD9MLL I s ! q$ g R I q I 1 § 173 25 77 I I a I b LOT 13 O 2y $ n R T g Ie ,6 a w 6 n o n �, GPM;2419-67-2161 9" 9a I o1 ER I s .- j g 1 g �q g' I I I x �e E-+ I k g I ie s g j g I g g g Ilg it I g I g j j �tl^ LOT 12 Ey mD 5y R ]00 rt I 260 Arm I 305 AnFt lm Awr, in I I I I I • a GPIN:N1B-6]-SWB O aaa Ae,M a0D7 lrw. gqD• 600E 10 a 0Aa] OLM f} :� } 1� I } I 1} ( P°' I _A ----- AVE l 1�I I. r Jr .... (_ 1Qy� ( 1�• 1 ^1 7507 a)SW AIWIIIC NYE L M170' Rtap` 1IL 10.0d 1! - flair n". . J-LaX' 00.00' - 141N:21 9 167-2076 I soar am' 11\250 sari 1 sari 5e1 sari 225 751n STREET ii I i\` l ova vra. _' \` '-"" } \` \` n. 11acan*am. ado Sy 143 FL QOW Sq. �./ GPM:24 9LOT,67-3013 b_ 7A0' O 1� g I 8 I Y I $ I I a I a I I Via' - v) ^p'1. ,«, 'Y, �yl �,8: �" yl R 7 $1 :$ nS :S, II .1'x, m Parra V & 1 LOT W PO - - I I - I a - I '- I - - I. CRC 249-e7-3021 H 9n 9ti �� 9- 3� s« 9ti §r 9� §: 3 g« 9I. VI 410. r� - + I ; I _ I g 1 i t I i; a'�=8 curse - g 4I, a i 217 751A SRIMIRE 2154 15a STREET FESS 213 75a STREET 211 750 STREET 2W 750 SIIQLRCEIER 105 750 STREETONO �1W 7eA STREET w 721 75) STREET f WALIER 1 K.REST a :1f 06�75 I I CHRISJOHN M 1/a M7 9QNUSHON f !2 6flA6E�1„� MIEr 5. a P411WC7N S1NAION 1 DL(q WORTSHORT,JR. J i CPNI:x41 9 56-2996 i I I TAU A ON IMPRISON 1e1 I I I I I ''� .1, 'Jr 85.0'TO - A69640 Z 2520 0.9 5 0 25 50 75 F..t 75th STREET CD(FOR/4 r 172 y7 smf£n SURVEY AND GENERAL NOTES GRAPHIC SCALE (so'RAY)(U.S 7, PC. 124) aso'10 I. THE TOTAL AREA ENCOMPASSED WITHINTNIS STREET CLOSURE 1- - 2S• -muNRIC A10AE�- MINT 6 6.513 SO.FT.OR 0.150 ACRES. SHUT 1 OF 1 2. THE T IS MENDED TO SHOW THE AREA OF PROPOSED 1170 Sq.FLr100' THIS WENT RICHT-OF-WAY CLOSURE AND INCOME/ITOF THE ASSOCIATED STREET CLOSURE EXHIBIT OF '0.027 Acne 201A a 2018 7515 STREET 202 7519 SIRED RECORD DOCUMENTS)AND 6 NOT MENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) DIM O.AWL JR.f EMOIO O.MI JR.& THAN GENERAL REFERENCE. ADJACENT TO I 511SN1 M HALL SUS411 II.1441 3. A IRE REPORT HAS NOT BEEN PROVIDED FOR 1HS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, § i 1 § m 0 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, 7. vTHop`!A 47. 48 49 �� �� s� �� $ �ry WM SHORE REALTY CORP. :43.78. 7. PC. 124) I §1 � I gry ti 1,13 -3Mill ,.. ��LR�NER� LOT 36A - y IA.. 2904 RESUBOMSION OF LOTS 36 I 8 �y �y M.,e.2Y2A oQ SHORE REALTY CORP. (M.e. 7, PC. 124) -� ,: 'D06D„ ,; Ffl NQ SURN� (I.N. 20080331000357680) I I I 7� 8i•- rAoa 0 AND ?aiiLandscape Architecture LOTS 3A k 4A -------- - ---ff ► 740E AIUMC AK v E^W^ ^9 RESUBOMSION OF --- ---- I - ,,1D' VAERIE C.BILN6 wpI11ite.com 757.431.1041 LOT a 28 r6vYi Art SE a MIA EOM M atu LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. -,------ te•UK COXED In an____i TECH.:Da (Ike. 170. PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I COMMON IC23.1975 I CPA:2119-66-3821 JOB;219-0346 OM:219-0346-PM01Aw9 (M.8. 7, PG. 124) (I.N. 201 8 1 1 20000955390) ' REP S-246 a S11-57 FB/PO:1030/37• 1040/76. I049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 1.0. 2020 1052/06-67 a 1050/23-25 f 219-0346 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September , 20 20. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: euom. to/171-41v Plannin Depaument City Attorney CA14865(B) \vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 50 ITEM— VJ.1c PLANNING ITEM#70827 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: c. 250 square feet adjacent to 213 75th Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 213 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-56-9993 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September , 2020 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ffki-1,61,‘/ Planning epartrr ent City Attorney CA14865(C) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 g 7BTH STREET 1/4'y 37 (80 RAY) Y/E77SPG. 124) �\ Nlei , l SIRES a x�1S&E76M i1M�7 14 61A1Wef5!STREET I iAI718LN14 �n WP6LY OBiRICN 74�FA50N ADM 081 � 110I H NIA STREE1 IJA116 W.OFl t I tlRSfOP1ER 6 f1J00& 101 11 'i LOMA6E CLL EIA1511 L6M A WRI6 NE N.N06M01011. ,J06EREE DEMON CY1711M E fUIER-c'AR20 GRIN Ni9-87-i167 �p 220 76th STREET 218E 761N STREET 216B 761I STREET i i i ,R .DOER,NE m i 204 76,N STREET c --- .`� NR6TEN K e0R7Nl 11NAEo1 o6/A1D!m NBECI06 WOG TRUST , OEBORNI GORY 200 76M 51Nett ♦/� sp JDYz C.1A7RRIl1 t RAY own - . $ �/� U D 0)5002 Y.006611 'ry'� I g I , a g I I S 1 9 s o o I 7o I 3 b $$ Lmu O ti R@ to o$ ,E. „ !,j w 'b r �m m ra -..-.7,-, ,9 0 'S n .0G �u o' .v, C CPW:2{19-67-2161 I 9d I f II�� I bi l a l I m ii. a s 9: 9� 9� 9't 9� 1 E4 I I o$ I o I s og IEg ig I I I s I^ LOT 12 E..1 z 1f TAN:2419-67-3078 O 230 ILL 30D 8y R x00 3y R I ]4S R 12s 54 R 16/k R I I I OA06 lies 0.0D7 Ae,r I 1r IrSx.I //f 0.008 al S0' ////'OAD7 ArM 0.00.1 Asp 0.008 Mr �',AW IV jf ,1��� I I I/ I{(� I / I SGR SOG' �j(� I 'rSpO ' I I __A 7502 Y 7501 ARAM AVE '10.0D' t I �5000' t 1 RS00' - I l .mil f -J7A7' � Tl:___,�10.0, W5' GPM 24119'67-2076 __---T-----'�SW'� I rico' I�}11100'� �\ ��5y`SX' 3y R0Y \` t 1 SLO'-1 5°1200 l00'J 11 \`7 5�, 1°°.j I L� . I. -- 225 75N STREET }1 1,4 I 0^'} + \\0.Q08 kti` 0.00E Ao.. aloe' Avl1 1-1\0.908 Ho.. It O.900 Aw 1-1\ Et 0.010,xAur 0 SPIN:11t9167-7013 $ s10' O M� g l I �+ I F s l I a a 1 a a 't1'3ge Asp - C� ,� }.,, �p X? R Aa x� RS gP :1 :I 7� SB :1 VI 8 1 - LOT9 w PICI 9: I 9= I 9s 53 a I 9S', 9n 9 I 9E 9ti I 9: 9� I 9r 9r I 9. I 9ry � ' GM NI9-67-3021 i/A .. ► - I I • I Ir AVE I s I I lir:41a ,IB10.001 - ���1) 1 1217 756 SREF7 51 756.STREET 213 75N PRIM 211 758.MEET 2W 75N STREET 205 750,STREET �iD3 7568 STREET ' L01 8 I 98LIOt HERON REST t I�E11 C.FIELDS JOIM b9Q HUSTON! AIE7f OWNER 1rtWA1 ROBFR0 C.11CfAFIlAN t OA6D 7.SIOTI011! 68111ROP A scan.A f CP1N:2419-68-2998 EE....�� w 221 7501 STREET iCERRE K.tES,i 2158 MONSON I STREET GMm,Ew D.167910N a MN MIMI ME R.N[tlE117M PATRICIA J,I 9r7Tro,1 I!OMR.9pR) 7.10'l 1, 7.50' I I \ a I NUN C A 3 UE z 2520151e 5 D 25 50 75 Feet 75th STREET (FUSURVEY AND GEPERAL NOTEB E1 O GRAPHIC SCALE r40' J(so'R/N9 7 Ns.. Z S777 Pc. 124) I' - 25' �- 1. THE TOTML AREA ENCOMPASSED WITHIN MS STREET CLOSURE SHEET 1 OF 1 ATLAIMC EOM IS 6,513 SO.FT.OR 0.150 ACRES. 1170 Sq.Ft .76Q0' EIW 2. THIS BR IS MENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF '0.027 frame MOD-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED 2014!201E 75M STREET 202 75a STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/w) WON O.NALL JR.! WORT O.HALL Jr.a THNI GENERAL REFERENCE. ADJACENT TO WW1WW18.HALL 91SAN 8.MI ^-y . A TITLE REPORT HAS NOT BEEN PRONDEO FOR S PROPERTY.3 M THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 28, o § I i I i m 0 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, I 7 E. I E Mill I 8 8 ~ 1311OpD�A 47, 48, 49 n T. s n w -1 -K7y�w , SHORE REALTY CORP. :13.78. 7. PC. 124) I � a 6.72 ry g �: Z rfC lri�• ER- LOT 36A I I g I- � Lie. Y906 RESUBOMSION OF LOTS 36 is g a OW3511520 �/ t� oe SHORE REALTY CORP. (M.B. 7, Pc. 124) I I J. 7 • ,m s R g ��SUBN� (I.N. 20080331000357680) I I I 7.10' 8)' • �1� WWI OT. Landec0Pe Architecture LOTS 3A & 4A _ __ - -'-------- w Land Surveying 7406 ATIAHTC AYE Civil Engineering RESUOOMSION OF -�� zed. wow G.BUMS 1 Ib.ean 7M COOL 11 2362041 r _- 10 WE CLOUD 6r an --� L01.M i1e�i61wIc1WEs1E9,EIarffADLr7Jat LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. JJ 1OLO=6N 21.1975 GPM:2419-66-3824 ,a„:F„G (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I JO@219-0346 DWG:219-0346_Pt.Wn.d.9 (M.B. 7, PC. 124) (I.N. 20181120000955390) ' REF:S-246!S11-57 Eh/PO:1030/37, 1010/76,ta6/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67 49 1050/23-25 } 219-0348 51 ITEM— V.J.ld PLANNING ITEM#70828 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: d. 250 square feet adjacent to 211 75`h Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 211 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21 , 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-0933 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September , 20 20. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning epart'ment City Attorney CA14865(D) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 7Brti STREET (F05IA/ERLr 77J SOREF7) XIS (ro'R/17)(AI.B. 7, PG. 124) NNqy l I I W 2184 76111 STREET 21M17Nh STREET I 214 76a STREET l ' 210 76TH STIED 201A a 2(AB 76N S� I 206 7616 SOSE1 202 76M STREET �S ^ JOKE R EA514 a RONA D N 0Ni(S a ' PARKIN N COPIEY PAIRCN GLEASON KOIN SIM 8 MOiL70N a ;JAWS E.OEL900503 a ' C RISTOP1ER G.MVO a LOT 14 220 761N STREET LCRANE CIIL wits LINDA A RAM GPIN•2419-67-2183 2R6B 76,N STREET 2I66 76,N STREET I I I I •RUE R ALOW 11, JG6EP1f9E OEII`°" GYM10 E 01 S1 II V i K766IEN 1L RORRAL, *WPM MATO! , TRUST EMI }00 76N llNFtf ��w Oa1C1AS AKE M 1R R6N.1 n 0E2ARD ' 4. a 1 1 ;i s I i 1 8 1 s 18 _ _ I x I 7 7 Z - cn �� - i mP. ` LOT 13 O ''b^ i5 6 ' o e ' ^n 2 7 ' r GM 2419-67-2161 $ m$ 8 - I sF. f a " I gp I n « I I �a s I �a 9a z - - - I 59 i I fi l e ${ � I a I I I g I g -4' LD112 AqF 'M6. 54 It Ames! I y �N:x419-67-3006 280 yy,R 300 5'q it 700 R ]SD R 1x8 R f.0 R 0.006 AaeR e.007 Ar,r qqR. 0.006 SOO' O0D7 OLW 0.001 (�� i sail I 1 I .1 I� I 1 I 1/ ' r sae f } sa6 } I it lad bm - - - f-1 ra,,,1 ` I �l_ ( I 1 ( a 7502 i 7504 ATLWTIC AVE J LOT 11 T :7a00' 16A1' Mom' aS.Cb• J7.'A7• 7aa' SCOW GAN:2419-67-2076 y6' -----T---- axe im' lop' sa' 1 IX' _1 SPY IOW --------- 07 376 3y it 260 5p.R 6�it 250 sp.R 7D'0 It t60 So.R 1703 8a FL LOT 10 4 t I 0.099 kZ. O.Q06 .Ft. 0.006 Araa� O.O06 Iuw 0.406 AneR 0.Q06 Pass OD/O Mr -_� CWN.2419-67-JO1J O 225 751A STREET ��, P I I x « I a a I •0600 - Cl) Il �A :. ems, RS, x '" RP R/ S ±/ 17 52 7�, 7/ 8 I I LOr9 w w 9: 9:• I 9�, 9a4'', I 9 Sr 9+ I 9ti 9: I 97 9ti N. I 99+ ( • ,A i' 0M 2419-67-3021 ♦ ) 66-4 « «## F. #« « I « 9 '9�+, 9�, s 7500 ATIINIIC AVE V' '� ----- ----- I S I u I $ g I `u l9 I g 3 I A g I I l', GFORGE 9 GLAI6fE - ///FFF•������111 k I 217 75M STREET 2151 75tlh MET 2)2 75U STREET 211 75N STREET 2W 756 STREET 105 754.SKEET �2W 75N STREET ' L01 e I eAUER If T MT a ItlF14 C.RE106 J01M 0.YFl N910N a AEI(BO6Elf IITCK8M ROMFT L.IKA 06.1.11 a 0440 T.SNORON tr ORITIEOP A SHORT,JR -1 SPIN'2419-86-2996 w 221 75111 STREETI GENRE R MST 2158 757N STREET I mason 0.NU9CN !INKY T3YABEIHI .MAT K.RI1T[L/JI PATRICIA J.sanaN t JNE R r I 1N1N 4484 1P6RR60N M 0044 I ASS' .1, 7,0' , ,,o a� --AIIINTE MIME Z 2526 isl9 , 0 25 50 75 Feet 75th STREET wpi' E T SURVEY AI GENERAL NOTE8 GRAPHIC SCALE ( / is � 85.0.10 M..1 1. THE TOTAL AREA ENCOMPASSED W0HN THIS STREET CLOSURE 1 - 25' ARAM MIME-N-- EiI 3HEBT 1 OF I EXHIBIT 1 6,513 50.FT.OR 0.150 ACRES. 1170 54 a •air 2. 414 OFB11 IS INTENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF ' '0.G97 Perm RIGHT-OF-WAY CLOSURE AND INDEPENDENT INTENDED OF THE ASSOCIATED 204 t 20M 7516 STREET 202 751A 519EET RECORD DOCUMENT(S)AND IS NOT NTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC VW) (WRY O.NAIL JR.t • EMMY O.MU A! MAN GENERAL REFERENCE. ADJACENT TO SUM ALL AN A.ss NHL .3. A 1111E REPORT HAS NOT BEEN PRONGED FOR TWS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, ^ § I i 1 § a 0 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40. 41, 42, 43, 44, 45, 48, L'ili OjPDr� 47 48 49 m a I s I 1; $ w SHORE REALTY CORP. :.3.7B. 7. PC. 124) I � I �� §' Z -5�ER LOT 38A g IX LIo. 2904 RESUBOMSION OF LOTS 36 g a/3e/2o26 �� o� SHORE REALTY CORP. (M.9. 7, Pc. 124) I I $ 7 a o Se.FL 2 O SUR�� (I.N. 20080331000357680) I I Awn TeaO 0 AND 7.d0' Landscape Architecture LOTS 3A & 4A E«' , ;LI RV Surveying _ _ 7406 A1UNT1C AVE CMR En9In n9 RESUBDMSION OF -�--- 7.l0' 981041 G.BIMa •pI site.com 757.431.1041 2A rTmEN WE 51E91111AMIErat M 23452 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. h71NE wiz"in anj Lc 14 TECH.:EAG (M.B. 170. PG. 10) AND LOTS 8 & 7 SHORE REALTY CORP. I I COUNCIL ON Jr 23."n CM:2419-66-3824 JTB:219-0346 179C:219-0346_Pr len.4.g (M.B. 7, PG. 124) (I.N. 20181120000955390) ' REP:5-240 t 511-57 FA/PG:1030/37,R040/76.1040/20-21 VIRGINIA BEACH. VIRGINIA JANUARY 10, 2020 1052/60-67& 1050/23-25 f 219-0348 52 ITEM— V.J.le PLANNING ITEM#70829 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: e. 250 square feet adjacent to 209 75`h Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 209 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21 , 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-0975 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September , 2020 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4_4 o L/ lug e9-, aita-7,67,/ Planning epart ent City Attorney CA14865(E) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 76M STREET tif (FORMERLY IIJ STREET) (80'RAY)(Y.6 7, AG. 124) Q. �1 N {�1 ; I I I I I w yC p 216A 7619 STREET 2694 76M 511�7 I 211 71p S11601 I I 210 76IN STREET AG a 20BB 76N SIREF I 206 76q 011811 f 202 76M SKEET L01 11 JOKE K.rU511 a RONAID H.MARKS e ' PATRICIA N COCET ,PATRICIA G EASON,KOVAL SAA R NOrlf.7m1 a JAMFS W.OEI.VECYSRO a ' C1N570PIIFA C.GII¢0 a IOIO,AEE CLL rALSN IIOA A YIR16 JWE A ARRIN61011, J06EPIr(OELVECC110 MONA E 1U11ER-C4R20 GIN:2119-67-216J �p 220 761n STREET 2168 76,N 51MEET 276E 76R1 slaE, i I i I 1,840 201 76,N STREETVifk"'. a� KITTEN M.W .I.o6 a MAURFp WRIARD ARRwc,a A6M 1I,u m m IMM BERRI o 200 76th STREET W P JETAX C.NOMAD& $ RAY WARD 1Y�� Itg gg $ Y - C/� �� ry,mucus M.IAORRNl n I 9 S ro g 8 8 8 8 8 I. s o I b m,J O 1 _ _ GM:2419-67-2161 R$ ,r .-$ I �” . 15� 1 sr �r 26n I nn I ' 1 "a IS '-1' s I A I I "_ �!" - - - "" "P r = s� �= 9a `sa t j Jt; I i os Ft X I I I I - E4 �e GIN:2419-67-J00B 0 3�. . 300 n 1 I 0.0 ,: I 0,65.1.2.. 1.0 00 :I I I I I •m _______ z 0.00B Ae,l9 V ///r�I 2007 Aarr rABV'I.//`0.1106 SOD' ////' 125 0.001 �S� I�� �S�j(J1! 1 I ii I I/ I I Ir�/ I SW'��I.� 5,,,1 i`(} I �� 75�• I Il 7502 t 7504 A,lµT1C AVE I LOT1.5000' 1 gyp'' �ISOD' _L. � 1 OS.X �_-� 1 1 AM' f,/60' MOO. GAIN 2419-67-2076 1 I I - -----T------"�SRD'` I �n� 1 ` $OD'J � ` ` '�q0 ; � I ��� 04 z } 5y 1 +`\\\` 54 Sp7' ` S�2.0 S0Y \\\\` t g�. say bp. SM' \` gy 16D' _ 463 Sq.Ft LOT �OA99 M... O.Q06 Ae,w 0.00E Anw O.Q06 Any O.000 kti t 0900 Aar �0.,010 -.l CPRI:21 9�67-JOIJ - 225 75h 51NEEf _ O 730' M i .., i xA 01 �g j " qa j �I j 2P =P j i :� g I m9 (� 1111+i�11 3. 9ti 9� ]a 9d 9: �� 9. �. 9: 9ry 9: 3� g j caw:21t9-67-.7021 9ti Ill'Il II 217 75th Sl1EE7 :15A 75M STREET 213 751A STREET :„75 STREET 5) 1 zW • 751A SHEET 205 750.SHEET 203 75I STREET u �' LOT A/ 344313 IEIIBB T WEST A HELM C.MEWJONN 0.YE1 HUMOR! AIEK�,AOf WHIN ROBENI C.YCCIEIIAM• OMD 1.SNO110M! 06I1) P&SNORT',A -J GPI:2419-66-2998 Fi+ w 221 75411 STREETI GERIE K TRH, 215E 7501 SIRED 0 lWI 0.M9p1 leMR1 EIQAKM JAIE I.YWnB,AN PATRICIAJ s1WR1JN t JA1E R. r `AURA I MORRSON i"" I I I I Lyre - 7S0 .,0 a --A7W21C NAME Z 2579,.,9 5 0 25 50 75 F..l 75th STREET O (FORMERLY 112 Yv STREET) SURVEY AND OPAL NOTE8 GRAPHIC SCALE oo'aAr)(ma 7, x. 124) 1" - 25' --Anon 7)61E�- 1. THE TOTAL AREA ENCOMPASSED R11HM MS STREET CLOSURE SHEET E OF 1 EXHIBIT IS 6,513 S0.FT.0R 0.150 ACRES. Sq.H. /S/tl' 41 2. THE EXHBIT IS MENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF '1170707 Aar RICHE-OF-WAY CLOSURE AND NIOEPENOOIT OF THE ASSOCIATED 201A&2049 751h STREET 202 75th STREET RECORD DOCUMENTS)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMORY O.101E P.& NOW O.WU JR e THAN GENERAL REFERENCE. ADJACENT TO SUSAN M.NNl SINN M.1141 3. A TITLE REPORT HAS NOT BEEN PROVIDES FOR M PROPERTY. PROPER THE WtzTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, e i I 1 I i m 0 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, I m I & 8 ~ L'E>`J OPj 47 48 49 s;e V 5 e w • SHORE REALTY CORP. (M.B. 7, PC. 124) s; tl s+ -T ER.. TAT 36A Vo.(. 2004 RESUBOMSION OF LOTS 36 & 37 5 g k w `� _ �/ t Of/30/2020o* SHORE REALTY CORP. (M.B. 7, PG. 124) - 7., 0002105 W ~ (I.N. 20080331000357880) I SURV' AND I I Zs,' '$) O WO Landscape Architecture LOTS 3A & 4A r C7406 mum ME MI Englnenring RESUBDMSION OF -�-- ---- -- ,+ zoo 9A1276[G.MEMO 011i=vic 51EIWonaia v1'2s1 LOTS 1. 2. 3, 4, & 5, SHORE REALTY CORP. ' 1D tANE CLOSED or cmLot>A TECH,(AC (M.B. 170. PC. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I 191"°1 Jr�319' GIN.2419-66-5874 JO&219-0346 DWG:719-0.Y16_w`K^.e"'9 (M.B. 7. PG. 124) (I.N. 201131 120000955390) ' REP S-244&S11-57 WPC:1030/37, 1010/76,I049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67& 1050/23-25 t 219-0346 53 ITEM— V J.If PLANNING ITEM#70830 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: f 250 square feet adjacent to 205 75`''Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 205 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-1927 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September , 20 20. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1(1(4. miztn/v Plannin epartment City Attorney CA14865(F) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdoc s\d020\p03 5\00661611.doc R-1 September 3, 2020 3 } 76Thi STREET - (FORMERLY 113 STREET) 1/411 ow'RAY)(MR7, PC. 124) ....N..w N k(kk':. I I I I I I-� y L 0 216A 76M STREET 216A 76th STREET I 211 76N STREET I 1 210 78M STREET T00A& 76N S RFE7 206 76N SIRFF 202 76t STroll O 11 A JOTCE K.rAWI t RONAID H.MAWS t PAIWOA H.06PtLY PAIRCN OFASOI/KO/AE SAY B./WW1010N& 'JAMFS W.OUNEOCHD e ' ORSTOPNER 0.CARIO a $1; MN 2419-67-21d1 Sz 22a 76th STREET ' LIMA A MARKS JANE N.ARirlOi 114 JOSEPIrIE OELVELLItl CYNMN E MYFR-CM20 2� 2166 76R1 2168 7 TH STREET I I »> », I 7�+ V It 0� KRISTEN M.MARN. a MAUREEN 6PLUM14040 d- AIOi61GT011 LMNO TRUST o 4 Ok10RY1 BERIO' 0 200 76th STREET__ (� R. JOYCE C.r090KR& RAY OIURD Ilrr rr :d Cali 25 pODOAS Y.eA7RRl'11 I% o '-...co I $ $ $ I�g o? S a I c4 O �„ �� ` O 13 ge o,$ n ' n� -m 6 m '6 e -6 7 T., - r? OMN:2419-67-2161 Rm I o I -.ry .21!A I I g s� n I,m = I I §= I i §n - - - - I � I . c.c.g I og I g g ag ! g 1-g I I I o I s �� LOT 12 F"' z r r r r r , ' OPIN:2419-67-J006 O 0. 5y R gy R I ., I 0 s ,25.1rn. .0 e ,.el Z 0.006 Ft U 0.007Iwt _500. OA06 SQD• 3A07 OADJ OA0/ r r l �� } txar/I } 1 ..1 aav�f .f I 7x bm - - - j( C 1jJ1 CLOD �'.EL100• 1 6RM'- �50.�' 1 fame_ Z 1502 d t,i419-2-201ARAPTTC AVE J7.R2• Taw MOO' OAN:21 9 LOT-67-2076 ow ------"-----_\-CLOD I `i�I Sy` Ix. il\lx5,y:r SOD'J \ 5,y sow'i �\ ��5•p.�&ore 11\51. illo Fl. Sy Ix' `1 I6y��A. __ :, __LOT l0-__- 1 I i Ft 0.009 Aera} n. 0.006 Ararll, \\��0.70006 Ms1 25:0\\\O.Q06 Pave 0.406 r4 M` 0.Q06 Ao,r 0010 Acres I SPIN:2419-67-3013 .4 225 75 h STREET O I...4r-i I x I I :.0sA cn oao9 W4 ^ „ ne, �3; p3; ,a$ yS :� �� :� SE �� Y� M ! EOf9 F+-1 PO S g I s r n I 9 9.'.., I S I : 9 ti I 9 H I 9 I 9 n 6 I (YW:2119-67-]021 ♦/\ I...� g I U I• I a I • g 10 g I g g g- I 6 •g)'a DEaRD MANICAVE CLAW - 0 04 ,y11 I 217 75N STREET Y 5A 75N SIREDHOD4 C.HEWS 213 75N STREET 2„75th STREET BERNETT WORM 209 7511,STREET 205 75U STREET 203 75th STREET �! x E07 8 221 75N STREET rA GF WEST R HERRON WEST d 2158 15TN STRUT ON611M1 0.IRISIIONd NR HGABE1N ANE K.YCCLEIWI* PATMC14 SHDTTON d JANE R SHORT J ..i C%N'2119-6fi-2996 WI I WAN ANTI MDNpSM NE I I I I 7J0 N1 A 7.50' a 85.0'm --ATUNTC NAMEZ • 252o is to e 0 25 50 75 Feet 75t STREET O SURVEY AND OEI�ERAL NOTES (FORMERLY .& 7, STREET) GRAPHIC SCALE (40 R/W)(M.EL Pc 124) - MA'm 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS STREET CLOSURE I11.0 25 SHEET 1 OF 1 ^MUM A5EMIE-d\r- IXWBR IS 6,513 50.R.OR 0.150 ACRES. 1170 sg.R ./SOD' 2. THIS EMBIT IS PITENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF :0 AY.. AN RICHE-OF-WAY CLOSURE D INDEPENDENT OF THE ASSOCIATED 20M d 2048 75th STREET 202 75th STREET RECORD DOCUMENTS)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMOEY O.HALL JR.a EMOIY O.NAIL JR& THAN CENTRAL REFERENCE. ADJACENT TO SIUSN M.KAU SIISAN II.HALL 3. A TREE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE YIEST,RN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, m § I § i gg m 0 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, E " t�EopDr 47 48 49 � '4 7 I s� ..i . 8 3� w �+ SHORE REALTY CORP. (M.B. 7, PC. 124) s^ Z !RIC . NERt LOT 38A g I I g \N J , Lie.(JI. 29O4 I► RESUBDMSION OF LOTS 36 & 37 I g A A- 105 R c ¢ SHORE REALTY CORP. (M.B. 7, PG. 124) ,. .' 15591r.,e4 g 1/N o A SURV� 0.N. racr 20080331000357680) I O AND I I 'so' s; _[- Landscape LLap Architecture LOTS 3A & 4A 7I I.- , CH11 aUgra ring RESUBOMSION OF _J---- -- 0d0• 946E ARAM AVEME 4,Islte.c0m 757.431.1041 - �_'-�-- vAL06E G.KERNS 242 4850 C Wit SW a vim BDOI*23452 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 10 WC CLOSED By OIY EDT 31, TECH:FAO (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I COYNaLON IRE 23 1975 CPA 2419-66-3824 JOB:219-0346 OM:219-0346_Pr.lim.eg N.B. 7, PG. 124) (I.N. 20181120000955390) ' REP S-244 a S11-57 FB/PG:t030/37,1040/76,1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/64-67 a 1050/23-25 t 219-0348 54 ITEM— V.J.Ig PLANNING ITEM#70831 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: g. 1,763 square feet adjacent to 203 75`h Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 1,763 SQ. FT. OF THE 6 UNIMPROVED RIGHTS-OF-WAY ADJACENT TO 7 203 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portions of the unnamed, unimproved 12 rights-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portions of the rights-of- 15 way be discontinued, closed, and vacated, subject to certain conditions having been 16 met on or before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portions of the unimproved rights-of-way 24 (collectively, the "Right-of-Way") be discontinued, closed and vacated, subject to certain 25 conditions being met on or before one (1) year from City Council's adoption of this 26 ordinance: 27 28 ALL THAT certain piece or parcel of land situate, lying and being 29 in the City of Virginia Beach, Virginia, designated and described as 30 "1763 Sq. Ft. 0.040 Acres", and shown as the area shaded black 31 on that certain street closure exhibit entitled: "STREET CLOSURE 32 EXHIBIT OF A PORTION OF THE 10' & 15' LANES (PUBLIC 33 R/W) ADJACENT TO THE WESTERN '/2 OF LOT 19, LOTS 8, 9, 34 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 35 39, 40, 41 , 42, 43, 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. 36 (M.B. 7, PG. 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 37 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 38 20080331000357680) AND LOTS 3A & 4A RESUBDIVISION OF 39 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. (M.B. 170, PG. 10) 40 AND LOTS 6 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 42 25', dated January 10, 2020, prepared by WPL, a copy of which is 43 attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-66-1978, 2419-67-2076, 2419-67-1078-1840, 47 2419-67-1078-1850 and 2419-67-1047 48 SECTION II 49 50 The following conditions must be met on or before one (1) year from City 51 Council's adoption of this ordinance: 52 53 1. The City Attorney's Office will make the final determination regarding 54 ownership of the underlying fee. The purchase price to be paid to the City shall be 55 determined according to the "Policy Regarding Purchase of City's Interest in Streets 56 Pursuant to Street Closures," approved by City Council. 57 58 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 59 property and vacate internal lot lines to incorporate the closed areas into the adjoining 60 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 61 to the final street closure approval. Said plat shall include the dedication of a public 62 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 63 approval of the Department of Public Works, and the City Attorney's Office, which 64 easement shall include a right of reasonable ingress and egress. 65 66 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 67 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 68 do exist, easements satisfactory to the utility company must be provided. 69 70 4. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the conditions 72 noted above are not accomplished and the final plat are not approved for recordation 73 within one year of the City Council approval, said approval shall be null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before September 14, 78 2021, this Ordinance will be deemed null and void without further action by the City 79 Council. 80 81 2. If all conditions are met on or before September 14, 2021, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents, if 86 any, that may be requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 93 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 94 REALTY CORPORATION, a defunct corporation ("Grantee"). 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 97 of September , 20 20. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PlanningDeartrf ent CityAttorney P CA14865(G) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 7Brti STREET 1/ .4 mastREr R(wa.l Z 24/ y 2t&78�SIRES 21MI71p SKEET I 214 7!K SOEFI I I 210 76M STREET 2001 64 79K Mil. I 206 76q ST ET 202 7WI,STREET t`,.. JOTCE K.WYSN 64 Rp4YD It WRNS a PATRaT H.WRLY PA1RCN aEwsOx KOMI SAY S M9WK1011 64 'JAMS W.OELYECa90 a OfOSTOP11ER C.C*20& LOT Il �Zc 120 761h SREEL LORRARE GILL WAIST MCA A YARICi I I I I J4M N.ARIONR011, i JOSEPW4 oa i CLND CYMRN L M*FR-CARZO CAN 2419-67-2183 r , 2188 761H STREET u 21E9 761H STREET , TRUSTEES,LOCO TIC m 204 78M STREET v Kt I0657(6 It YA7RIUU, WAXEN MAD a AWWIC1011 WIC MUST Kamm 9W0• 0 200 76N strati r/1 JOYCE C.YA)ARAIL a q RAY o111R0 . ` ) ool7a7s Y.rroRR7IL b ? 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S^ ! 9ry Y� ! §a �„ 6: 9F. 3ti 9ti 9 ]r 9r 9ti `Ii « F. i I , 7500 A7IINIC AVE ------r------- I I I I I I I s «a�E a t1R6� - I ':n 7S8 STREET 215A 7518 STREET 213 751h STREET 2,1 7w,STREET 209 7s18 STREET 205 73q 51TEEr '20.1 751h STREET L01 8 976.1W I10190n NEST a NEED/C.11E1o5 JOIN MO HUSTON• AIDI BFAMIf IRltlw ROBOIT C.TtGaD1AM a DAYV 1.SWIM a MIRROR A SHORT,J0. J CHK:2419-66-2998 w 221 7510 S,REE1 OERRE K.WE51 2158 75111 STREET aRaiw,D.NDSNON a WRY a278(19 JAI(K.I 15LIIIPATRICIA J SIbrR74 74 AWE 0.sway II/M MN I/DW6011 YIiM I XSD• 7A0' ao'TO a -MANIC ANNIE -�-- Z 75th STREET 25m 13 19 5 0 25 50 75 Feet (FUPo/ERLY 112 V7 S1REEI2 SURVEY I0'RAY)(U.S7, AC. 124) APD �NOTES ORAPHI_C SCALE1� - 65.D N 1. NE TOTAL AREA ENCOMPASSED MORN THIS STREET CLOSURE 1 25 SUET 1 OF 1 ARAM AVEMIE�- EXHBIT S 6513 50.FT.OR 0.150 ACRES. 1170 TT. /Sae 2. THIS IS IN TENDED ENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF ' 'a707 9.IS RCM-OF-WAY CLOSURE AND INOEPENDEM OF THE ASSOCIATED STREET a 2048 751h STREET 202 75111 STREET RECORD DOCUNENT(S)AND IS NOT MENDED FOR ANY OTHER A PORTION OF THE 10' & 15' IANES (PUBLIC R/WI) EMORY O.MI JR.a DAM O.NE L.R& THAN GENERAL REFERENCE. ADJACENT TO 075AI4 u.11NL • sosw V.INII 3. A TBIE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF TAT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 2(3, i o I n m O 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, .• LEI O?::. 47, 48 49 2 T V.s s 8 8 �1 4 SHORE REALTY CORP. (M.B. 7, PC. 124) §ry I vi ^ �' Z r -a ER'-' LOT 36A J ' Uo. 2904 - RESUBOMSION OF LOTS 36 84 37 g g *g »/30/2020 ! ! I 105�, . a c� oQ• SHORE REALTY CORP. (M.e. 7, PC. 124) ,: oAm Aar ~.8 SURV� (IN. 20080331000357680) ,4 I4.oa O Landscape ArchitectureAND --1------------ �____ _-_' _____ _ L-1 r LOTS 3A & 4A w LLaa 7406- Civp En9 a; RESUBOMSION OFvNEWEi`7IE AVE Nqe its.com 757.431.1041 N2Y6Wm SE 1 rIIVRN70L N23Eu LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. ,o•INEaoaom an , LOT➢' 21 1975 CPR:2419-66-3824 TECH.: OR:EAG N.B. 170, PG. 10) ANO LOTS 6 & 7 SHORE REALTY CORP. I I r JU R 219-0346 DNO:2IR-o346_P,.Ro.ee9 (M.B. 7, PC. 124) O.N. 20181120000955390) ' REF:5-248 t S11-57 Fa/PC:1030/37,1040/75,To49/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67 t 1050/23-25 f 219-0348 55 ITEM— V.J.lh PLANNING ITEM#70832 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: h. 250 square feet adjacent to 218A &218B 76`h Street DISTRICT S—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 218A & 218B 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-57-8032-0001 & 2419-57-8032-0002 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1 . If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15 t h day 96 of September , 2020 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: It • obi-4717v Planning epart ent City Attorney CA14865(H) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 7BTH STREET (FORMERLY 17J STREET) X1)1 (80'R4I)(Me. 7 ea l24) kw N k,k': f 1-� y y 21&77 STREE 211VA I7881 SKEET I 2L 76ih STREET I I 210 76IN STREET xo6A& 7Nh 01 I 206 76M S I 202 7 STREET A JOYCE K.WALSH a RONAID FE MARKS& PAIRCIA H.COPIGY PATR,CIA pFA50N NOVAE SAY B.ARRYIGh S& 116605 W.Oh STITE110 a OI6 7 6 C.CNF2o& LOT 14 2MN:2419-67-214T 220 761n 50061 LORRAIE C4 WAl3N 1111Y1 A.1016f6 I I I I TRUSIEE9. ING 71ETIE j R6 W. LVE HO C1MIM i T�1 ( l O x1BB 76M STREET 2168 76R1 STREET `/ Po NRISIEN M.WO*11& o WU067 OIUTAD& AWdICIpI lMlc TRUST m ' OEBOItl91 BERRY O 200 76M STREET�Q2 J010E C.WOItlWE! 52 - RAY Ol2ARD `-•.o g CeJ 4 E oalaAs Y.aoRRAu S I .t I 6 j j 20 20 20 j s g o I m Pt O 13 O Si$ » ^ � s^ n� �� r e ? �n - :. GM 2419-67-2161 ; sT Ia s f a I s I : I�� 3 [-( F. c� w J Sk $ � r $ u o g J- LOT 12 O 25' Apy Aug I • Aerw I � Aq� 1� An1 187 Abr I I GRIN:24I9-67-.7(108 0Ao6 0.007 yqp• 0.006 SOY om7 OA03 0.004 fj } 1 1r 1 bm --------- 1� 100• ' sari Imoo, (J I Igo, I r�i� I -fax' 'I �_SM•�f 111�l[t I J7J0•I �d __�i-moo' F woo' - 750Nk2/7�167-2076 AYE 7SOD' Od' 3aa9' 00• 0 7• s1E 1 MOM ------'-_----_\-a02•` L\ I ` a00•� \ `a01YJ \ ado' ` I LEAD• \ 51 t-ax' \ I \ I 0-1 r"1 1, 11\\` 11 1 \\` ` 11 \ \\`� Acne \`� 11. \`250 36 it + \`7763 50 Ft. ' LOT 10 TT� 225 75 h STREET oap9 cups O.00e opo60.Q06 Aenr 0.0M)Auw GRIN:2419-67-.101 J O 1 ti n n h a m u 7.50' __- 1M� $ I I m $ I $ $ I i _ I _ .,}, cn� :.-1 ,� RE X� -, IR� - 3 -$ ^'� S4 7$ 5'$ 8 I- OALLOT O 9 W COI I a l I GPN:1119-67-3021 - .. Sr 9« ry 9ti r3� 9� ♦ I� _____+______ I I _ o P I �+ Et I t •f I o5 ,g I g I U al 8 GEORGE0CLAI0YE _ /1 1; 1-1: 1i GEORGE If GUI00: �/ 064 217 757h STREET 215A 75U SHEET 213 75th STREET 211 Isn,SIREEIn 2w 757n STREET n 205 75M STREET '203 7w,m6Er' n ; LOT 8 WAITER IEIWff REST t HI1D1 C.PESOS JpN ORIEL H1610N a AIEII BERNFR IRICHIa1 ROHRP C.IICQEl/Rl a DM1D T.016111011 k WNRROP A.SHORT,IL ---/ GRIN:2419-66-2998 a w 221 i STREET i GEP16E K WEST i LA URA AHNORRISON I smut CHi61NN D.MUST ON &INAFI2�IBE7HMITCHU JA/E K.NCClEll/N PATRICIA J.6NDTTDN it NI 0.SHORT 7.d0 1 '� /� I �-MEN1NC MUSE- h�l 2526 15.10 5 0 25 so 75 Feet 7501 STREET SURVEY AND GENERAL NOTES ((FORMERLY Aie 7, PG.GRAPHIC SCALE 85.0'70 1--I 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS STREET CLOSURE A1VMC M S Ems- LI EXHIBIT IS 6,513 SO.FT.DR 0.150 ACMES. SHEET 1 OF 1 C� 2. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED 1170 94 R ATV RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED STREET CLOSURE EXHIBIT OF '0027 Ae,r 2044 a 2048 75111 smen 202 7501 STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMORY O.HALL JR.a WRY O.HALL JR& THAN GENERAL REFERENCE. j ADJACENT TO SUSNI K HAIL SUS*9.NU3. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, 0 II I a 0 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, OM ,_ . 11H 04e 6fi+ 47 48 49 sT i q is s 7 t $ 4 �+ � SHORE REALTY CORP. :M3.78. 7, PG. 124) I ;n tl Z R ER� LOT 36A ## o ISO• 2904 RESUBDMSION OF LOTS 36 to �' 02/30/xo:,oEo� SHORE REALTY CORP. (M.B. 7, PG. 124) t06S g 4' SUR�� (I.N. 20080331000357680) i •F aoo: O /A0D AND aew .'8�_';. Landscape Architecture LOTS 3A & 4A 0! W `and Surveying 7406 ATIAA C AVE Civil Engineering RESUBDMSION OF -J---- ----- ---- --- - 7.JR7• WERE G.BLEVNS iup'IMavic nn s1E B waii 7Tv`a3i M'z°x4s:' LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. , CLOSED (M.B. 170, PG. 10) AND IATS 6 & 7 SHORE REALTY CORP. 1 I a.10 ug p1 I%5 r e<dn I LOT�. CPIN:2419-66-3824 7EGH:FIG JC@ 219-0346 DWG:219-0346_Pr.I:,,.dwg (M.B. 7, PG. 124) (I.N. 20181120000955390) ' c 1030/37 11040/76.1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67 a 1050/23-25 t 219-0346 56 ITEM— V.J.li PLANNING ITEM#70833 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: i. 300 square feet adjacent to 216A & 216B 76`h Street DISTRICT 5—LYNNHA VEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 300 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 216A & 216B 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "300 Sq. Ft. 0.007 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-57-8093-1216 & 2419-57-8093-2216 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September 20 20. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: eJ� ifikliAP-1 Planning epartfnent City Attorney CA14865(1) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p03 5\00661611.doc R-1 September 3, 2020 3 4 76rti STREET .1;1 (FE4UEY 17J SMELT)W 2''S MO'R/W)(Y.B. 2 AG. 124) a>, �^ IA CI t i .Q 216A 7611 STREET il0$17ea SMELT I 214 76%SOaEI I 1 210 7601 SN Q7 IOU a 2160 76n SIRE I p6 7W S Ef I 202 7M6 Mal a-i JO(CE k.rVSH a 60W/D N.WHN$a VAIRRM K WP.ZY FA]RICN QFA5011$0191 SPA a MRMCI011 a JAMS W.oElYEL'CTIO a a66SEOPHER C.0NQO a LOT 14 220]61A STREET ' rN91 a 11611 A macs a ?- CRN:al19-8]-a18J_ �� ORRA 7E GI WALS 7IM A Sacs I I I I I N ARRINGTO 1, JOSEPIIME DEL'COM COMM E.flJ -0)R20 6111 STREET ( 1 REET aasTEN M rol6uli MAUREEN OILING a A U MUST 0Er 204 701t!8E `/ JOKE C.ram.a $ .- MY MUM 717. „ § Q aoD 76a,SIRED__ �Da aAs r.roRRAu ry n I 16, s/ I 1 i ;:i I i I 8 I 8 I s 8 0� 3 I a LOT 13 O R� m$ o$ n `g^ +�.ni, :6N $n ne 13n '6n o,^o n,ne o� a,F C GPM:2419-67-2161 s� I §I I IFS _ § I §r re- I 8_ I sa 6 a m [-+ ca as , ,Z z g g a's- LOT 1a O ao F< 3ao n I I mo s I 3�.'{Sa i1. MAX; r7 6�11.I I I I I • 4 WIN.7119-6]-JgIB CD aooe oar? .. •Za0• o.DDe Ae.. saw 006 a. oaw Aa Goa A 9.. Z 1 ` /' r r 7s62---- TIC AVE Aar are I/ - ij(_� [it 7 i ) �� Irk�_ � t aLtl' fr sar' r S� L .AJO' S 1098' 6202 CPIx t2t159 67-2O76 1 LOT n --I-sew--- T `-------- �1----/----p-p- �/ _ -- 7�SfM'` I �n�, I SQD' �\ sae \ RQO'J \ sae LI ar�SOr'+ II sow �{T,�J `7�y���R, I - LOT 10 �370 SA FL a09N hum 200 n. o.goe6�e.. no 4 o.a06 haw 250 apa'�.. O00e .. o.poe a.. ao4o Acne �I MR 2419-67-3013 z 225 7s n s1REE7 O JSD' H o I I $ I I & a I a a I E I s i,s 5t - ((n ^�' he '��'i A ^�a i 20 ^'gi $Mi '�i +� ��'i Yi '�� 'aI a0LOT9 �'1 _ I a x I x _ a I a I a I a I i a • GBH 2419-67-3021 CA )...1 9« gz §a 9 §x �z §z §� § §� §� §r §n §r tll # 7500 ARNIM AVE .� -_-__+__-___ I $ $ g g g I ag $ I $ g I g g I g I $ �i;It GEORGE B CURIO - 217 75M,STREET 215A 79n STREET 2)3 75N STREET 211 150,SIRED 2W 751n SKEET 205 751A SKEET 1107 75N SRrET LOT e MLiER HUMOR 2051 a HELM C.RODS JOH4 DMNEL IAISIION♦ ATE%BEWEYf 161WA1 ROBtNT C.YCOEl1/J1 A OAY67 1.5161101 a 1MMIRCP A SHORT,JR - GRN:N19-46-2696 w 221 75 n STREET (UM( K. MT • 215e 79N 9I6E1 ON6TW O ML516 N t VARY DRAWN JNE K.1135 1M PA1 J.96IT191 t JA E K 96r!) D63IA i 1010e501 WORM I I I I "D "" a ao TO ATIMIE AVENUE z 2520,e to 5 0 25 50 75 Feet 75 STREET (FORMERLY 11214 SINEW O SURVEY AND GENERAL NOTES GRAPHIC SCALE (so'RAW)(U.S 7, PC. 124) OS.o'ro 1� 1. THE TOTAL AREA ENCOMPASSED MTIMI 745 STREET CLOSURE 1- - 25' SHUT l OF 1 _-ATIA111C AYO61E-�- �( EXHBIT IS 6.513 SO.FT.OR 0.150 ACRES. 2. IHIS El01B(T IS MENDED TO MN INC AREA OF PROPOSED , 1170 sq.n. ISQD' 44 RIDM-OF-MY CLOSURE AND INDEPENDENT OF THE ASSOCIATED STREET CLOSURE EXHIBIT OF '0.697*km EET RECORD DOCUMENT(S)MD IS NOT MENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES PUBLIC R/W) , 2o4A t JOTS 79h STREET OR 751n i JR BMW a HYL JR.t E161R/0.I 1 a THAN GENERAL REFERENCE. ADJACENT TO 915M a HILL 919AN II.WU. 3. A TREE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, ce § I I I i a O 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40. 41, 42, 43, 44, 45, 46, I L�op, 47. 48 49 Si o I 5 6 I S 8 n �( � SHORE REALTY CORP. (M.B. 7, PG. 124) -�'� KC (AIRNER� LOT 36A g ....4. ## nc g j..j IAa• 2904 RESUBDMSION OF LOTS 36 & 37 I H $ k3 _ 01/30/2020 t� oe SHORE REALTY CORP. (A.B. 7, PC. 124> - , � Aura ai ~'SUR`l$A (I.N. 20080331000357680) I r�" O AND zm' Qr. HE Landscape Architecture LOTS 3A & 4A Land Su -'--_-_-- _------- ---- I -�'. , Mil Engineering RESUBDMSION OF -�---- -- - nor 7MLDIE BLEARS i6g1srw:eCOT,nSESEUMMttMA u' LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 10'IRIE CLOSED x a ' LOT 30. TECH.:DC (M.G. 170, PC. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I WWI ON 1rt 23.1975 CAW 2419-66-3824 JOB:219-0346 Oro:219-0346_PM:e.Owg REP 5-246 a 511-57 (M.B. 7, PG. 124) (LN. 20181120000955390) . E9/P0:1030/37, 1040/76, 1049/20-21 VIRGINIA BEACH. VIRGINIA JANUARY 10. 2020 1052/64-67 a 1050/23-25 t 219-0346 57 ITEM— V.J.1j PLANNING ITEM#70834 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: j. 250 square feet adjacent to 214 76th Street DISTRICT S—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 214 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN %2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-57-9052 i 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 ofSeptember , 2020 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: it /tU_A ,g Planning epartnent City Attorney CA14865(J) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 74fall STREET l (FORMERLY 11J SIRfr7) i1/4 YYg (80'R/W)(Ma 7, PC. 124) N ( ` I I I I W h fj'�' 216A 76M STREET 21MI766,STREET I 2�4 nth STREET I I 210 76M STREET 2066 t AN 76N SIISE7 I 206 7N,3116[T 2112 76U STREET q JOILE N.WALS11& MVO K WANKS• PA7BOA H.COPIEY PATRN]A QEASON KdAI SAY B A16AICION& 'ONES 9.OaYEC06D e • 13RSIOPIER G.GV¢0 t l01 11 /141 `� 4066*0E Cll VLSI LIMA A MARKS AVE K ARNIO1041, JOSEPIaE oaYE[010 COMM E RAYERiJR70 CPRL 2416-67-2187 r , 220 761n STREET 2IN 76M STREET 21N 76M STREET I I + I I TRUSTEES.MNG THE n > I I 204 76M STEF1 --- v 1065IE11 Y a0NML4 IIMAIf04 MAIM t , A16aeRp/411016 TRUST , OE9[Nl04 BCRRI' 200 761A STREET r 0 2 JOYCE C.IYORRIIL! RAY own m $ $ Y CA 1101 AAS 1 RRAl1 2 2 I o I g 8 8 I 8 s e 7 LOT 13 $6 e_a •e 7 51- ` CPR:2419-67-2161 0 5T. R�$ or" I ;"f° sn s;� : ge I I 9=F. s I," I �a I g� I d 9d - - - F"( a I g g I s I I is 1% I I g g- !- LOT 12 F'' V LPIN:2419-67-3008 O 250= 300 M6. I 2N I 0. tze 6,S R to 1 I I I I aaos 3J707 SN• ao06 100 325 OA7W el 1502 t 7501 AIWIIIC AVE LOT II E saw' marater • V .,f 1°r/ 1 ' Lmr/[i €10 4,_ AJ7 ...�_-f/QOID• moo' TAN:2419-67-2076 mar -----T------�500•11 I �\ I 11 a00•J \ !I.e..) \ sow-I--Ili- \ �5�-) tl\ � S�'� \ �RN•J \ 'IN�n� - 101 to---- �J \\` + 270 + \\Vao s + \\\0.o s \` s ` s� \` q. 1 - /�-4 �j I aop pg.' aoos 4)06 yos ogoe o;04o Aa.. I _/ TPIN:2419-67-3013 O 225 751N STREET ,$0• E.( $ I ; I I N i P $ I I x a I a a I I �" - CA *0 ;,3i .,R 3i R X6'' • 99' R� n^'S 3� :� �33 �n 3tB VI jrg $ I LOT9 w PO §: I 9+ I 3 2 I 92 3�, 9F I 3, 9« I §: §: 9P �r 3� 9ti �'I_ caw:2419-67-3021 (rle1 i '. , .. 7500 A11ANI1C AVE 40•► M'I"1 ----- ------- 8 $ I I g I I I I g 8I'g cmacE 6 cu16o: - �iy I 217 7501 STREET 2�1'.JI 751n STREET 213 751h STREET 211 7SN STREET[RYSER WPM 200 75N STREETROBER 203 75M STREET 1203 751n STREETSIT I LOT 8 211 751A STREET WL'GEMS IL REST,R WNW WEST A 2726 7751M STREET W6SIMN 0.M91Mt µt E10ABEIN AYE N.WOMEN' C.IICCIEUAN t VAIRRM J,9N)TION &JNE R.SHORSTOP A.Win.N 1 M:2119-66-2996 a w I I LAU A ANNI MORR6011 WRIT IM I I I I 79D•�1, 750• a65.0'm 2500 16 to s 0 25 50 75 Foot 75th STREET O (TORM£RLY 112 Y7 STREET) SURVEY AND GENERAL NOTES GRAPHIC SCALE (441 R/W)(Ma 7 PC. 124) 1. THE TOTAL AREA ENCOMPASSED MORN TH5 SINLLI CLOSURE65.0'm 0.0 I- - 25' SHEET 1 OF 1 AI NIM MENUE�- 006BR 6 6,513 SO.IT.OR 0.150 ACRES. tt79 5V Ft 18017' l 2. THIS EXHIBIT IS NTOIDEO m SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF ' 'OA127 Am.. RIGHT-OE-BAY CLOSURE AND 9IOE1'FNDEM OF THE ASSOCIATED 204A t 2048 751n STREET 2O2 75th STREET RECORD DOCUMENT(S)AND IS NOT MENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) , EMORY 0.11A11 JR.t EMORT O.HALL JR A THAN GENERAL REFERENCE. ADJACENT TO SISAN M.H SUSAN M.IM1L 3. A TIRE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE NLS-CL'RN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, I 1 q I I a 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40. 41, 42, 43, 44, 45, 46, I 7 E i z +$ 8 m L'E7I Op`, 47. 48. 49 s e 9Wo SHORE REALTY CORP. (M.B. 7, PC. 124) I 6: §m gd sd �' Z -SIC NERD LOT 36A 3�3 I I ►..l F. IAm 2904 RLSUBOMSION OF LOTS 36 8 37 I Ys 74 eu �/ W/Js71020 1�c e SHORE REALTY CORP. (M.B. 7, Pc ,z4> I I -r ,• '9a 9�.: '~�sure" (I.N. 20080331000357680) roe 0 7sY 8 Landscape ArchitectureAND -J_------k 1' W Land Surveying LOTS 3A & 4A CHR,Engineering RESUBDIVISRON OF -�------ -- yI- I ow. IVND6E MONO wpIatte.com 757.431.1041 -- ---�1 -- 2M RIM WM.SE 6190M teat M 2J652 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. T 10•ME--, 1n OTT ' ' LO1 3A CPO::2419 fib-3824 COUNCIL ON 23,1971 TECH:FAG (M.9. 170, PG. 10) ANo LOTS 6 & 7 SHORE REALTY CORP. I I JI, JOB:219-0346 MO 219-0346_Prean.dwg (M.B. 7, PG. 124) (IN. 20181120000955390) ' REF:5-246 a St1-57 EB/PO 1030/37.1040/76.1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67 t 1050/23-25 t 219-0348 58 ITEM— V.J.1k PLANNING ITEM#70835 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: k. 325 square feet adjacent to 210 76`"Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 325 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 210 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "325 Sq. Ft. 0.007 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-67-0003 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15thday 96 of September , 2020 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &� k Planning epartr+hent City Attorney CA14865(K) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 7Bf STREET ' s2 (FORMERLY IIJ s7REET) 1/,,, :f (SO'RAY)(MS. 7, AG. 124) �` y� N ` I I f 1.4 W y 2164 76�STREET 216A'7Mh STREET I 211 7Mh STREET I ' 210 761N STREET 20M&2�B 765 SIPQI I 206 761h SR0.ET I 202 781A 50 FET y,0 JOYCE N.WALSH! ROTUID H.MARKS a PARDON H NPIEY FAIRER(AFASON NOVN SAM a ARIEIIGI,RI& 'JAWS 0.DELVEW00& CIRRSIOPNIX G.CNQO a L01 14 2`� LORRANE CU.WALSH VOA A MV6C6 .WE K APos101M, DOSEF9111E OEL9ECA10 CYNTHIA E RATTER-CMi20 GPIN�M19-67-215) (j p 220 761n STREET me 76M STREET 216a 76IH STREET I I TRUSTEES.UNDER THE j 204 76'IN STREET '�a2 g6S1EN Y.N'OAWLL. ,o MVAKEN dl1ARD Rm MPNGfW IMNG,RUSE m OEBORMI BERRY u 200 7611 STREET--- JO10E C.ROMAIL! RAY own ,5,,_, __ __- ,, �oau,sM m m$ ox j � o 1 74. 8 s S Igg i I i O I6 O `6^ GPW:2419-67-2161 R: b I T a I I s= �e Is j e j se 3e Wm E-, o o $ os I o I j Iz o,12- - e6 GPIN.2419-67-3008 O ,no n MO n 220 Sy R. 3L'a5y n 12$ F o.00e N.. oam�,.. I racy'I aoB6 Raw aa7' 0.007 Aen.. 0.0t05 ,111.7.294.7.1 ba z S00' } sooj J J 'J -� SOD' '1 SOY t J A' ' . 7502 A 7504 ARNIE AVE E -- LOT 11 I000' 00.00'' JOAD' 44.,-...� �7l7_�.`_-.�--�--mo' 8Q00' GPM.2419-67-2076 IL _-_--.-_ -_I_-- I T 4 �q1 I 1I ) r �S6C L I n�, I Li S00'� `•\51 Li00•J I -\yAOD' 40O'� \ I� ` dOC \\\\�0711 D `sQD'J \JflOp Sa,/ �\ I �7500 I Li .. --------- 1-4 T } �J76 5y fi. + `x30 5p R + `y'!p 5y R j `ySp 5p.1i11 `L'p 59}il `x71 S9,Fl J `770.7 Sq.R -- V LOT 10 z 225 751h STREET ( 0.000 M.. 0.406 M.. 0.000 Mr O.Q06 Awes 0.406 Ho.. 0.406 M.. 0.P10 Acres (TIN:2419-67-3013 O 7.10 H 1 $ I I I a $ 1 I a 1 Y 1 I i 6000B Cn _y1 t4 A X� N a� 2s �W yffi :s YS 7S S LOT9 W q: 1• 9+ 1 92 �tl 1 9 I 6: 9� I 9: 9+ I 9 th� �Y I 3� gry g i (TIN:I419-67-3021 Li) Imo+ ^' ry ^' •• ,' ,• t Y :8;..8 7500 A1IAHIIC AYE �/ .* MT 1 - + - I I c I c g g, I g g. I g g I s s I s I GEORGE a CLMIKE - h l� ; F, I 1 n 41 g 11 QI I. I 4N[ 1E1R XE59 151 a fNNE C fl306 Ii0d la9a1 a 7F WOW COI 1CCLEllN1• OAM slm1ON a "MAW 15RT,IA --/ CAN 219-66-2996 SIREET STREET STREET Pg w 221 751h SIN 91 I GFRRE K 6058 2128 757 STREET 0.MISHON &WAY EIDABEIN AVE R. X5006A, PATRICIA 2.s 0T1014 !NNE R.010N) i IAURA MTN MORRISON 1WORM Y I 7.J0'l 1, 7.d0' \ .m QI ARAM AVENUE Z 2520 T6,a R 0 25 50 75 Feet 75th STREET 0 SURVEY AND GENERAL NOTES40 R4RLr I1z 7,P GRAPHIC SCALE (40' /1Y)(MS PC.. 124) 6s o m 1. THE TOTAL AREA ENCOMPASSED WI1HN TENS STREET CLOSURE 1• - 25' SHEET t of 1 -ARANTIC AVo1UE-1\r Entnl - IXMBO 6 6,513 S0.FT.OR 0.150 ACHES. tt7o ;,,fq0• 2. THIS EXHIBIT IS MENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF '0.027 Anti RENT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED 204;•!20413 751h STREET 202 75M STREET MI DOCUMENT(5)AND 1S NOT INTENDED FOR ANT OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMORY O. L JE.a EMORY O.WL 24& THAN GENERAL REFERENCE. ADJACENT TO su5AN M.HAU. SUSAl/M.RILL 3. A'RILE REPORT HIS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 28, m § I I 1 i m 0 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, I I I . & ~ ME ,,,, . L'IN Op`r�t 47. 48 49 x s s' w SHORE REALTY CORP. (M.B. 7, PG. 124) j 77, t g : s_ Z o. '•IC VIER- LOT 38A 1�1 LIc. 2900 RESUBOMSION OF LOTS 36 h 37 _ 04/30/,010 4 SHORE REALTY CORP. (M.B. 7, Pc. 124) $ I -� , , 105 Sq.o.002 „ O '~�SUR��o (1.N. 20080331000357680) I 7�, 8,, 7A� AND I I .4t Landscape Architecture ___f-------- ----------------- -----►" w LLopnd Su n LOTS 3A & OF J 7406 A1000E AYE `. CIWI Englnis,tng RESUBDMSION OF - ---- -- - zm• 042100 C.BlEVNS epIs.1SVIC i 757.ot*041 2362 Y N211691C Wit SNEN um mot rA 2JL4 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 1o'1ARF-CLOSED er cTN LOT'° TECH.:EAC (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I `OUNCE ON Jr 23•1975 GPIN:2419-66-362a REF:210-0366 I102 1B-o3aR_P,.,:n.a+9 (M.B. 7, PG. 124) (I.N. 20181120000955390) 09/PC:103S-240!SIt-57 Ye/Pc:,wop7,1040/7e.1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67& 1050/23-25 t 219-0346 59 ITEM— V.J.11 PLANNING ITEM#70836 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: 1. 312 square feet adjacent to 208A &208B 76`"Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 312 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 208A & 208B 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 24 Way") be discontinued, closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "187 Sq. Ft. 0.004 Acres" and "125 Sq. Ft. 0.003 30 Acres", and shown as the area shaded black on that certain 31 street closure exhibit entitled: "STREET CLOSURE EXHIBIT 32 OF A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) 33 ADJACENT TO THE WESTERN '/A OF LOT 19, LOTS 8, 9, 34 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 SHORE REALTY 36 CORP. (M.B. 7, PG. 124) LOT 36A RESUBDIVISION OF 37 LOTS 36 & 37 SHORE REALTY CORP. (M.B. 7, PG. 124) 38 (I.N. 20080331000357680) AND LOTS 3A & 4A 39 RESUBDIVISION OF LOTS 1, 2, 3, 4, & 5, SHORE REALTY 40 CORP. (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY 41 CORP. (M.B. 7, PG. 124) (I.N. 20181120000955390) 42 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated January 43 10, 2020, prepared by WPL, a copy of which is attached 44 hereto as Exhibit A. 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPIN: 2419-67-0055 48 SECTION II 49 50 The following conditions must be met on or before one (1) year from City 51 Council's adoption of this ordinance: 52 53 1. The City Attorney's Office will make the final determination regarding 54 ownership of the underlying fee. The purchase price to be paid to the City shall be 55 determined according to the "Policy Regarding Purchase of City's Interest in Streets 56 Pursuant to Street Closures," approved by City Council. 57 58 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 59 property and vacate internal lot lines to incorporate the closed areas into the adjoining 60 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 61 to the final street closure approval. Said plat shall include the dedication of a public 62 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 63 approval of the Department of Public Works, and the City Attorney's Office, which 64 easement shall include a right of reasonable ingress and egress. 65 66 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 67 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 68 do exist, easements satisfactory to the utility company must be provided. 69 70 4. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the conditions 72 noted above are not accomplished and the final plat are not approved for recordation 73 within one year of the City Council approval, said approval shall be null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before September 14, 78 2021, this Ordinance will be deemed null and void without further action by the City 79 Council. 80 81 2. If all conditions are met on or before September 14, 2021, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents, if 86 any, that may be requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 93 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 94 REALTY CORPORATION, a defunct corporation ("Grantee"). 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 97 of September , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA14865(L) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\0066161 I.doc R-1 September 3, 2020 3 a I 76Td STREET J y (FORMERLY 11J S7ntt I) h (Bo'R/W)(Ma 7, PC. 124) ..."1 II I _ N1.Q'��' I I { I I I 2oee s REE) I 02)EET I �w $ HI JOYCE 7K.WALSH& 216A 76U SWEET T 4 76th STREET 210 76TH STREET 206A& 76U 206 76th STO 76N STREET RO11At0 H.MARKS& PATRICIA N COPIES PATRICIA GLEASON KOVAL SAY B.AMNION& :JAWS W.OFIYECCHO& CHPoIIIN E.R C.GR20 d �, 220 76th STREET I2168 7E GILL WALSH 68 A WTRE I I iI LOT 14/eti 21/B 76R STREET 2168 76R 6TREEf RUSTEES.UNDER J N.A NGTOf E JOSEPHpE DFLYECCIW CYMHN E.NWFR fIA20 CP0:2419-67-2163U I0RSTEN M.WORRVl. AVANiED!BUARD& ARPJNGTON LMNG TRUST I 1 DEN06AK BERRY '" Q JOYCE C.WORRNL dg RAY DK1Rt0 0 200 76th STREET__ g wows M.WORN' Yu I I to s p 0 94 ''1'-'1 1 i 1 g s l o g I I I ti m$ m it .9. r i q�( LOT 13 O `�j GPIN:2419-67-2161 R0 f88;, I 9n F.q 14 I sn I'm I sa I I I 2z j.., Ei -4- 4T 6 O ga 6y So. 6y gy 5a, GPM:2419-fi7-3006 OA06 Awa 0.007 km I Jw,.I 0.006 Aorr Sd1Y 1 0.007 Pere -0A03 A,rss -.004 Avr I Iiiiii 401Y IOC TACO'j saw• j I��• -j ��• 16sG�•I 400• 4dlr 4�• ' _` 7502 a LOT 7504 11ATtANRC AVE .� _ _T��__�� __� -. _�.-14aD' 6R00' GPM:2419-67-2076 1 1 T JR00' I !I eo 1 , oe 1 f 1 d'Q 7400' -----T------�SM' I �� It_i 400'� \ � `d00'J \ sQD•J l \ `AQD•J \ tilt" t \ 7 1AA7•J \ I ----- 7� i 0.0Sa.m \`250 Sq.F.+ \`25 6a,R, \`250 6V iR 1 \\\250 Sa Rl, 11 \\`2S0 Sp.Fl \\`1763 6G Fl s LOT 10 /-•1 0.049 Me 0•Q06 Aere 0.000 Me 0.006Ape 0 Ave 0. Iere O1040 Me GPIN:2419-67-3013 O 225 75 h STREET 'Q� Q� 7.Sd' m I x s I s I P a o, - M :,0 i n B; X" ah g{� i �I Sq i .. 5i i Y�, I :, V� '% , LOT9 F�6i1 g_ S CNN:24/9-67-3021 CA i 1 I 1 c, I co _ I o ce I o u I 9,a g u I 9 a, o I u I 7500 AIUNIIC AVE - gi..g GEORGE B CLARKE �217 75th STREET 215A 75th STREET 213 75U STREET 211 75U STREET n 209 751h Slktt(n 205 75U SII¢Lfa 203 75th 5IM11 � LOT 6 WALTER FERBEItf WEST d HELEN C.FIELDS JOFW WWEL HUSHON d ALES BERNETT IATCWaI ROKRf C.YCCIELUN& SAND T.SHOTTON a WINRROP A.SHORT,JR. GPIN 2419-66-2998 w w 221 75 h STREET CERME K WEST 2158 75TH STREET CHR STPN D.HUSHON a MARY FT OAREIN ,U41E K.IIICCLEIUN PATRICIA J,SHOTTON A JANE R.SHORTl\ I IA A ATM 4gRR60N NRCIHULI I I I 730' \ 4 7:50' '10_ I�65A m 75 STREET ATLANTIC AVENUE-8‘"--- O 25 is le s 0 25 50 75 Feet (FORMERLY 112%r STREET) SURVEY AND GENERAL NOTES GRAPHIC SCALE (40'RAW)(M.B. Z PG. 124) H 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS STREET CLOSURE I' 25 SHEET 1 OF 1 --AIUNIIC AVENUE ' EXHIBIT IS 6,513 SO.FT.OR 0.150 ACRES. 2. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED 1170 n. 1400.. RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED STREET CLOSURE EXHIBIT OF 0.027 Ape 20EM 8 2046 75th S11atT 202 75th STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) 4.A O.HALL JR.3 EMORY202 O. LL s THAN GENERAL REFERENCE. ADJACENT TO SUSAN M.HAJL SUSAN M.HALL 3. A TTTLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, '' § 6TII o 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, I ry n O R1" 47, 48, 49 e s; I ; 8 8 W-1 ' SHORE REALTY CORP. (M.B. 7, PG. 124) ,, T _IRIC . RNERs LOT 36A o "' o 1� Lie. 2904 RESUBDMSION OF LOTS 36 & 37 •�, �, a t� af30f2020 04 SHORE REALTY CORP. (M.B. 7, PG. 124) a a -J 106 Sq.F< ��SURD (I.N. 20080331000357650) I 1 I 7� 140O 0.002 Aare Landscape Architecture AND z3'o• $� O�T' Land Surveying LOTS 3A & 4A i _i__-- ,^ moo AIWTTC AVE �1 Crvll.Engineering RESUBDMSION OF -J---- Xsa' VALEIRE G.USD94S wplsite.com 757.431.1041 ---- --�-- N2M6UIICDKSIEIN6>1MMACKN23452 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 16•L fi1�B.,.. LOT 3A TECH.:E/.G (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I COUNCIL ON'1"`23,1975 CPR 2419-66-3624 JOB:219-0346 DWG:219-0346-P,Nim.d.q REF:5-246 a 511-57 N.B. 7, PG. 124) (I.N. 20181120000955390) FB/PG:1030/37,1040/78, 1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67 d 1050/23-25 t 219-0346 60 ITEM— V.J.1m PLANNING ITEM#70837 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: m. 413 square feet adjacent to 7500 Atlantic Avenue DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 413 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 7500 ATLANTIC AVENUE 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "413 Sq. Ft. 0.009 Acres" and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-2998 i 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plEt are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September , 20 20. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0 kW' PAARA) Plannin Dep ment City Attorney CA14865(M) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 76TH STREET y, (8O'R/W)(M.8.7 75 24) jy r... W .4-4';,,, zf6A 761H SHEET zf6AI761h STREET I zi{7&h STREET I I SIT 76IN STREET 2a61 t 2068 76,n SIREE� I 206 76u SIPEEI I 202 761A STREET fit''' JOYCE K WAISH a 6awun R PARKS a PATRICIA N GOPIEY rATR1CN A7wsoN NOVN :ma t AA WI0& ...WAS W.OELYECfrio a aITa9I6 E. G.f3A20 a LOT 4 p m I i I i i .1 w .JOSS w7. 391 1 .41 220]61h 51REFT 105101E' 1641 A YAW6 (iPIN:2{19-87-21243 O 2188 76IM SRaE7 2168 76M wan o 200 76N STREET_ CA a� gO51E11 t MOIOL& w6A¢E21 Dawn a SCI011 LAetc TRUST DE6aW4 eElen v J LSW R JORL S NOIRgl t ,� MY OIINIO `b --- i. � "SoM. l. I o j j j g 8 js8 � I x AT 13 0 �, w$ m$ ,. "6- h. .,^ .-^ 75^m $e m_6 ,z n ....2:!: +,� CRY:N19-67-1161 RH " I 2;, >sq I sa .A 1 9,w-7, I 9„ 9 9A I_. 1 -.A I :9"...'a, I .•` I 9 1 E-( a, I :I ig 1 $ I g s I s 1 g g g Ilg lg I g I g I J j t� - — — H a , , , , J LOT 12 O GPM:2419-61-3008 f6D 5y R ]00 99 R ta0 Sy,,R S11a 3�rt 128 R 167 64.A.12..I I 1 I 0.0a Avg �0.007 M I =W.I o.006/w� aced o,m2 Asr oma Asp ooa , 411 Z 1 `r j( Ir C `r 7502 i 7501 A7lAMIC AVE r3•a0•I'Sf100' I /Q�'' f 1_ �10.fD• /ISLtl' I I .— taco' MOO ` CPR:24 9 LOT-67-2076 OW �AQ7'� I � � J ` S00'J \ S�• R00•J �\ �,00. l ice• `SAD•./ �T•�S00' l } l1 J 0.4 fgy,R�, ya Sa sa `Oap tart `170 9a R t761 fart 101 10---- Z 225 7519 SINFEI all1 O'OQ9"_"- 0.40a Aram 0.00f krr O.Q06 bet O.QW Aug aQ°a Slur:. OAW M� ....I y CAN:2419-67-3013 O 790' r� $ I I I a $ I I x a I a I g � --- ;, TX qR 7A Rw 35. 4it .E gS �E :i 7n S# g� V4 8 LOT9 w w I ',p, I ',R - I w I w 1 w I w I w CHIC 2419-67-3021 i/� ' 9 9« 9« 9+ 9+ 9 9« 9 9« , 9« 9« 9r 9: g: V./ ♦ --- '217 MgMEET :IN 7s'N sown213 75a Sl 1 :„7587 STREETz1r 751A Sl 6 205 75th MEET MAD 75N STREET L01 6 0,4 1 WADfR IW118F/6 W6f a IEIEN C.FIELDSJOM OWLM9gM a AIF3 6D6l71 YRU4M f0lafilt C.MC 1UM4 a OMD 7.SWOT a WRIIINOP A SIM..ACflN:2419-66-2996 g W.1 22,7Sp1 STREET 6EIBR N.REST 2158 75TH SIMI ORaISI1 0.HUMOR a WAY F11aeDN ARE A.IIWEIIMI PATRICIA.1;91 11187 i 'ME R'HMI i I IAUW N61I 12b650M YIiM i I I '",N' 7.511' a — 65.0'70Z �.- ATOMIC AVE161E 2520 16„ , 0 25 30 75 Feet 75th STREET (FORMERLY 112 V, STREET) SURVEY AND GENERAL NOTES GRAPHIC SCALE (40'R/M)(01.8 Z x. 124) H mo'To 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS SMUT CLOSURE 1 4. 25• SHEET L OF I ^-ATIM C ME/A/C-A,- 1,..„ DOWN IS 6,513 S0.R.0R 0.150 ACRES. .7Sff,' .11 2. THIS EIOgBIT IS MENDED TO SHOWTHE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF '0.027 1170 5aMem Ft RIGHT-Of-WAY CLOSURE AND INDEPENDENT OF THE ASSOCNTED 2044 a 1048 75th STREET 202 75th STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMORY O.MAU A.it DOW O.NU N.a RIM GENERAL REFERENCE. ADJACENT TO SOW IL IL6L DAMM.NAL 3. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, LI § I I § 0 27, 28, 29, 30, 31, 32, 33. 34, 35, 38, 39, 40. 41, 42, 43, 44, 45, 48, m 'I' ''es 47, 48 49 �� s� I s� I �� 8 � SHORE REALTY CORP. (M.B. 7. PG. 124) 6' s §! $ t'',;:. Ltr S ER aZ € ES LOT 38A "" I ±pp g ELc. 2904 RESUBDMSION OF LOTS 36 & 37 l 15 O*/30/2020 c� o� SHORE REALTY CORP. (M.e. 7, PG. 124) I j -� ,_• 0.002 ; ai N8 SURN (I.N. 20080331000357680) xs II. r O LLandscape Architecture LOTS 3A & 4A --i- h_ - w CN9 Er,gineirinq RESUBDMSION OF - ---- 7.30' PARE BLEARS r b.°om 757.431.1041 -- ----�-- 7406 ATLANTIC >A xr69fcmasc8 1603011 214v LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 10tNIF Win reCrt1 COWL ON 23.1915 GPN:2419-66-3824 ,Ex41.:uG (M.B. 170. PG. 10) AND LOTS e & 7 SHORE REALTY CORP. I 1 '. JOB:210-0346 DWG:219-0346_Pnairma.q (M.B. 7. PG. 124) (I.N. 20 1 8 1 1 20000955390) ' REX:S-248 a S11-57 03/PG:1030/37, 1040/78,1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10. 2020 1052/66-67& 1050/23-25 t 219-0348 61 ITEM— V J.2a PLANNING ITEM#70838 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of improved rights-of-way: a. 1,170 square feet adjacent to 204A &204B 75th Street and 202 75`I Street DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 1,170 SQ. FT. OF AN 6 IMPROVED PORTION OF A 15' RIGHT-OF-WAY 7 ADJACENT TO 204A & 204B 75TH STREET AND 8 202 75TH STREET 9 10 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 11 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 12 Beach, Virginia, to have the hereinafter described unnamed, improved portion of a 15' 13 right-of-way discontinued, closed, and vacated; and 14 15 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 16 discontinued, closed, and vacated, subject to certain conditions having been met on or 17 before one (1) year from City Council's adoption of this Ordinance; 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 SECTION I 23 24 That the hereinafter described improved portion of right-of-way (the "Right-of- 25 Way") be discontinued, closed and vacated, subject to certain conditions being met on 26 or before one (1) year from City Council's adoption of this ordinance: 27 28 ALL THAT certain piece or parcel of land situate, lying and 29 being in the City of Virginia Beach, Virginia, designated and 30 described as "1170 Sq. Ft. 0.027 Acres", and shown as the 31 area shaded black on that certain street closure exhibit 32 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 33 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 34 WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 35 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 36 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 37 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 38 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 39 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 40 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 41 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 42 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 43 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 44 which is attached hereto as Exhibit A. 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPINs: 2419-66-2825-0001, 2419-66-2825-0002 & 2419-66-2899 1 48 SECTION II 49 50 The following conditions must be met on or before one (1) year from City 51 Council's adoption of this ordinance: 52 53 1. The City Attorney's Office will make the final determination regarding 54 ownership of the underlying fee. The purchase price to be paid to the City shall be 55 determined according to the "Policy Regarding Purchase of City's Interest in Streets 56 Pursuant to Street Closures," approved by City Council. 57 58 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 59 property and vacate internal lot lines to incorporate the closed area into the adjoining 60 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 61 to the final street closure approval. Said plat shall include the dedication of a public 62 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 63 approval of the Department of Public Works, and the City Attorney's Office, which 64 easement shall include a right of reasonable ingress and egress. 65 66 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 67 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 68 do exist, easements satisfactory to the utility company must be provided. 69 70 4. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the conditions 72 noted above are not accomplished and the final plat are not approved for recordation 73 within one year of the City Council approval, said approval shall be null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before September 14, 78 2021, this Ordinance will be deemed null and void without further action by the City 79 Council. 80 81 2. If all conditions are met on or before September 14, 2021, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents, if 86 any, that may be requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 93 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 94 REALTY CORPORATION, a defunct corporation ("Grantee"). 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 97 of September , 2020. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning epartment City Attorney CA14865(N) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 62 ITEM— V.J.2b PLANNING ITEM#70839 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Application of JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION(DEFUNCT CORPORATION)for Street Closure of unimproved rights-of-way: b. 105 square feet adjacent to 7406 Atlantic Avenue DISTRICT 5—LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 105 SQ. FT. OF AN 6 IMPROVED PORTION OF A 15' RIGHT-OF-WAY 7 ADJACENT TO 7406 ATLANTIC AVENUE 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described unnamed, improved portion of a 15' 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described improved portion of right-of-way (the "Right-of- 24 Way") be discontinued, closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "105 Sq. Ft. 0.002 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-3824 1 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 96 of September , 2020 . THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Planning D partrn nt City Attorney CA14865(0) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 76ril STREET 0_- (FORMERLY 1IJ 5172E7) Wy (80•R/W)(MB. 7, PC. 124) y°c i1 t w y Cj 21&76IH STREET 21&I7BU STREET I 21/76th STREET I ' 210 76IH STREET ZO&& B 76th STREET I 206 76M STI EET 202 76th STREET 2s,,o, JOYCE K.WALSH& ROIWD N.16680& ' PATRICIA H COPIFY .PATRICIA GIFISON KdAE SAM&ARPoNCTON& :JAMES W.DELVECCMID dp1AISTOPHER C.GW20 dITT I4 LORRAINE CULL WALSHI@4DA A MARKS ( I JM1E N/'A16NGTON, JOSEPH*IE OELVECCMOCYTRHIA E.fULMFF-CW720GPIN:i419-67-216T V 'p220 76th STREET2168 767H 51Irt[f 2168 761H STREET TRUSTEES,UNDER THE 204 76TN 018511VSQ9. 6105TEN M.WORRAI.L, mMNIREQ!OIUMD dm, APoWlG10N IMNG 1RUST , OE60RAN BERRY o 200 76M STREET r/� p Q JOYCE C.WORRNL& RAY 04UR0 g4 v J �05 s p(YIf:I AC M.WORRALL I ti to I ? 025 8 $ $ I 8 _ I I I LOT 13 --- R - �'+ 'i5 C+ n e ',]6 n r = `S a m_e N - .n ` CON 2419-67-2161 O P� m� o0 I [04, _ .1.'' 7 g. I-m sa '§m ';7. sm Wa — — — v 5 I I I ---0�GPN:241967-1006 (.4)250 Sq O2O5WS w 0.070S}AeR I0.006 Awe* 0.007qerwI I 00ae S7'6 0.007Aerr M' =wl } 1 } b' co. f } �m /-sa° f I I I I I 1f I r - r' 7502 @ 7504 ATLANTIC AVE LOT 11 1 000• 1 —_ —_ —�—_ —�— _—� - ^ 4_ _ _��'OOa' 00 GPM:2419-67-2076—A-� � � °� 1 d ►�T — \IX I S�J ��.� s7D'j � s�� �sp•JL \ T .' t \ � ------ 5. l + 2.40 Sq FL lies Ft 225 75 h STREET 0'� ""e' OQ��TM .906 Mr.. coo kne .F - GPM:24 9 167-3013 E.4 n 7.1e' O `o $ m a Q'OD6 CA .14 "' XEi .'N 3� - 3N _ _ V4 3' V4 4 g I LOT9 w �ui 9 m 9 m ,,, r ti H ry 9 N 9 N 'v g I MN 2419-67-3021 ca u a u �a 5 V 7500 AII9 Cl AVE Cl)`r, __—__+______ Ju <a ( oV '9. n J- u g - I i - I , 50RGEBCLMKE — ///��y11I�,,��gEE��� 217 75th SHUT 21 SA 75M STREET 213 75U SIIaLT 211 75M 5160016 209 75th SIN[[T6 205 751h STREET 203 751h 5112[f n '' 8 i WALTER HERBERT WEST @ IIEIEtI C.106205 Jp01 DANIEL NI15110N& AIL1f BERNETT MRCNUM ROBERT C.MCCIFD/JI @ DAND T.SHOITON @ WINTHROP A SHORT,JR. ._ I CPA'2419-66-2998 f^r w221 75 h STREET GERPoE N.WFS 2158 75M SI R21 CHRISMD HUS qN &NARY ELDABEIH ANE N.MCC LU/J! PATRICIA J.STKITTON d JANE R.SHORT Ii AURA ANN I MDRR SDN MRiM I I i I 'NI, ' 04 85.0'TO ---AILAMIC AVENUE Z 2520 15.10 5 O 25 50 75 Feet 75M STREET SURVEY AND GENERAL NOTES GRAPHIC SCALE ((4o•R/W)(YNa 7,, RC 124) O 85.0'TO Me1y 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS STREET CLOSURE 1" 25 ---ATIAMC AVENUE�- EI SHEET I OR 1 EXHIBIT 5 6,513 SO.FT.OR 0.150 ACRES. 2. THIS EXHIBIT IS INTENDED TO SHOW NE AREA OF PROPOSED 1170 Sq.FL /SM' RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED STREET CLOSURE EXHIBIT OF m ;0.027 M.. 204A d 2048 75th 511eif 202 75M STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) ' EMORY O.Hql JR.d EMORY 0.HALL JR.d THAN GENERAL REFERENCE. SWAN M.TOLL SUSAN M.TOLL 3. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. ADJACENT TO THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, q I '' § O 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, LI8 Op`.1, 47, 48, 49 g �1 • I 'u SHORE REALTY CORP. N.B. 7, PG. 124) I ry Z lk T • RiC VIER> LOT 36A o J M,,,� We. �� RESUBOMSION OF LOTS 36 & 37 I 8 8 t� °"'°"°:° 04 SHORE REALTY CORP. (M.a. 7. PG. 124) -! , o 8 GYj ��SURD (I.N. 20080331000357680) 4400 O AND I I zw' ;. ,-- Landscape Architecture LOTS 3A & 4A ►' �I Land Surveying _�_--_ 7406 MARC AW Civil Engineering RESUBDMSION OF -- wDIsite.com 757.431.1041 T -- ---- 7.10' VALERIE G.BlFN115 242 NUM TWA.SIE1NRJN BtILTM M 23452 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 10'lN1E QOa't'D By CITY ' LOT 14 COUNCIL ON 23.1875 GPIN:2419-66-3824 TECH.:FAG (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I JI"` • JOB:219-0346 DWG:219-0346_Pr.Iim.dwq N.B. 7, PG. 124) (I.N. 20181120000955390) REF:S-246 d S11-57 FEI/PG:l030/37, 1040/79 1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67 d 1050/23-25 t 219-0346 63 ITEM— V.J.3 PLANNING ITEM#70840 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of BONNEY ROAD VB, LLC for a Modification of Conditions re motor vehicle sales & service, and automobile repair garage at 3825 Bonney Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BONNEY ROAD VB, LLC for a Modification of Conditions re motor vehicle sales & service, and automobile repair garage at 3825 Bonney Road(GPIN 1487330721)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. All conditions attached to the Modification of Conditions granted by City Council on December 12, 2017, are hereby deleted and superseded by the following conditions. 2. The subject site shall be developed and landscaped substantially as depicted on the site exhibit with entitled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC. AUTOMOTIVE SALES,"dated October 9, 2017, and prepared by Gallup Surveyors&Engineers. 3. The building façade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION" dated June 28, 2016, and prepared by RBA, with the exception of the image of the car shall not permitted. 4. The building sign shall be composed of individual letters as shown on the elevation, and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 5. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition Two (2)above. 6. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the site exhibit referenced in Condition Two (2) above. Physical markings shall be added to designate the required thirty(30)foot throat length. 7. No outside paging or amplified music system shall be permitted. 8. There shall be no decorative pennants,feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. All vehicle repair shall only take place inside the buildings. 10. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 11. No outside storage of equipment,parts, or materials shall be permitted. September 15, 2020 64 ITEM— V.J.3 PLANNING ITEM#70840 (Continued) 12. All junk, debris, and other discarded items must be removed from the site. 13. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. 14. No outside storage of used liquids shall be stored within view from the rights-of-way. 15. Within ninety(90)days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the twenty-four (24) by twenty-four (24)foot metal garage building depicted on the exhibit entitled "Dimensional Plan, Field Change #3", dated July 15, 2018, and prepared by Gallup Surveyors&Engineers. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of September Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 111: V -- - .1 ,I. B-2 goad d B onneY I u -� o --1-/ Bonn goad o __ .J Bon _i_ . Road . \ Bi-) Bonney _ -----41-1 ir: i_,,..,____,_ i �; B'2 0 Or R-7,5 \ • . „, , giolle \2 A 12—'1 \-- I 2 - o c�i .i-_-11 t - ighic \i _ -0 _ ii\ CD % v._low De 1 , iiiiilli wis o' 4, y ,iD o t I iii c N // Site Bonney Road VB, LLC W; ' E r Property_Polygons 3825 Bonney Road NO s Zoning Parking Lot Drive Aisle Feet 1 I _ -- -- n - GA 4 nn a cn nnn ncn nrsn 65 ITEM— V.J.4 PLANNING ITEM#70841 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS MODIFIED, BY CONSENT,Application of BONNEY G. BRIGHT SAND CO./BONNEY G. BRIGHT for a Modification of Conditions re borrow pit at 200 Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BONNEY G. BRIGHT SAND CO./ BONNEY G. BRIGHT for a Modification of Conditions re borrow pit at 200 Princess Anne Road (GPINs 2316698832, 231696801, 2317621327, 2317723259, 2317612520, & 2317801537)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. All of the conditions attached to the Conditional Use Permit approvals of November 28, 2000, February 14, 2006, and February 9, 2010, shall remain in effect, except Condition Twenty(20), which is replaced below. 2. Extension of time for operations is for a ten (10)year period, ending in June 2030, to include restoration of the property. 3. When the mining is complete, the applicant will redevelop the sides of the pit to a 3:1 slope within six months as depicted on the submitted plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, prepared by Gallup Surveyors&Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines Minerals and Energy. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of September Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 ilk.-�-----, � //j( /frio. is G/,Z"--/ I !r . vra 7-' 7 sir=►�--e 1 '• 1511 4 a (r '41..-'1 ,___ lr . A eo- , o IP 1 ' " \ AG=1 giiji;k0,4,,. .:°'- iii liti % J � J P y e" �e , / / ' \' ., ,s_.,_,,.Th.,_____Th ' A _ __ i c ao . 2 N r A Site Bonney G. Bright Sand Co. W,AJ- 200 Princess Anne Road ��. Property_Polygons s Parking Lot Drive Aisle Building - 11.1 iiii. iimiii Feet n '1OT0n 4 4nn 4 nnn n nAn n nnn n nnn 66 ITEM— V.J.S PLANNING ITEM#70842 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of STUDIO EVOLVE, LLC/BYLER LAKES, LLC for a Conditional Use Permit re body piercing establishment at 512 South Independence Boulevard DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STUDIO EVOLVE, LLC/BYLER LAKES, LLC for a Conditional Use Permit re body piercing establishment at 512 South Independence Boulevard(GPIN 1476688794)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. A business license for the Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. Body piercing services shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`h day of September Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 \ �\/ i \ v '0=2 . ` - B-2, P-1 / ' i N \ -i" ,si NN__._..._ ...44 ,,/,,,,N. \'7 B-2 I I)40 , ,,,,07* -N "i v , 7N , 6, /. ,, , , , , :411111.11111".....V/ B=241" 4.. /;:ei:N- 117,71,bisli s'') ' '/77 B ' 2 44r ' ' w-17/- r--':l- •• �� N::::::::1::' ::::'-r----:14. 76 , , it-,., • , 1 A /> '‘N*40 \ '',, / /, / \\R 0N2/. N•• o \\/ R , 0�� ^ Suite N /// Site Studio Evolve, LLC Property_Polygons 512 S. Independence Boulevard Zoning s Parking Lot Drive Aisle _Feet Building80 160 240 320 400 480 67 ITEM— V J.6 PLANNING ITEM#70843 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of FRANKLIN JOHNSTON GROUP MANAGEMENT &DEVELOPMENT,LLC/BIRCHWOOD ASSOCIATES,LLC for a Conditional Use Permit re housing for seniors and disabled persons at 3808 & 3820 Virginia Beach Boulevard and 309 & 329 Birchwood Park Drive DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re housing for seniors and disabled persons at 3808& 3820 Virginia Beach Boulevard and 309& 329 Birchwood Park Drive (GPINS 1487341324, 1487342381, 1487343369, 1487342560, 1487341778)DISTRICT S—LYNNHAVEN The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Birchwood- Virginia Beach, VA, Conceptual Site Plan",prepared by Timmons Group, dated July 27, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "NEW AGE-RESTRICTED MULTI-FAMILY DEVELOPMENT, THE ARBORS AT BIRCHWOOD, " prepared by Cox, Kliewer & Company, P.C., dated July 23, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time offinal Site Plan Review reflective of the plant material depicted on submitted Landscape Plan entitled, "Birchwood - Virginia Beach, VA, Conceptual Planting Plan",prepared by Timmons Group, dated July 27, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The Property, when developed, shall not exceed a total of 150 senior housing units restricted to age 62 and older. 5. The freestanding sign shall be monument style with a brick base, be no taller than eight(8) feet in height measured from the ground to the top of the sign. 6. At the time of Site Plan Review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type,proposed shielding, and light dimming capabilities. September 15, 2020 68 ITEM— V.J.6 PLANNING ITEM#7084 (Continued) 7. All light fixtures on the site shall be no taller than fourteen (14)feet in height. 8. All light fixtures shall be shielded away from the adjacent residential uses to the north and east of the site. 9. The dumpster(s) shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`h day of September Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 isiV 1PV\ 1 - will 4.- sir Tr — ' --11- 11 i'. . 111 '----Ir""'q/rl ' -KID R-7_5 ,� _ R 7.5 R-7. R-7 5� =R-7-5= -R=715 ; RN-7 r5 i"-1 - R-25\ / \ \' .C`t'' li --- 111:1 I .2 -L-I ° Lr I—:— ' 13H i7 1 I 1_ 1lk '�IL _ �l�;' � Latnp venue- �-�� :44. iy f.//l] 6I-,-t,---- A L.'A 1 -7 5 r o 1P 1 ''C3N. '•\ ten ,A 1w . - -' a.i:1ir!l , B-2 L 1 [ 1 „ R_7�5 B_2 -•\ \ \ O2 AlholitR�-7,:5 � 7 / NI i _,/, E. '-- [ [ cz7:, ===, — -- _,--___. /I\ \ ,, , _i L0.2 0 —2e him .� -. - 3-2 • �,��� // Virginia Beach Boulevard • J • • arm_=___ ___ ( M- , _ -- !r- 2` _ Bonney Road -- , B-2 B * II Road —ti 2 I B_2 B-2*, jB-2 B-2 B'2 B_2I N // Site Franklin Johnston Group Management & Development, LLC W 4& Property_Polygons 3808 & 3820 Virginia Beach Boulevard; Nt_WI r s Zoning 309 & 329 Birchwood Park Drive Parking Lot Drive Aisle - sm Feet ® I- -- n 1111n 0')n ZZn nAn n RGn 69 ITEM— V.J.7 PLANNING ITEM#70844 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of PHAM VO, LLC/HIEN PHAM& CUONG VO for a Conditional Use Permit re short term rental at 5120 Settlers Park Drive DISTRICT 1 —CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PHAM VO, LLC/HIEN PHAM& CUONG VO for a Conditional Use Permit re short term rental at 5120 Settlers Park Drive (GPIN 1465748683)DISTRICT 1 —CENTERVILLE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 5120 Settlers Park Drive, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and September 15, 2020 70 ITEM— V.J.7 PLANNING ITEM#70844 (Continued) c. Proof of liability insurance applicable to the rental activity of at $1- Million 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of September Two Thousand Twenty. September 15, 2020 71 ITEM— V.J.7 PLANNING ITEM#70844 (Continued) Voting: 9-2 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer,Louis R.Jones,John D.Moss, Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi Barbara M. Henley Council Members Absent: None September 15, 2020 Stockton Drive , .„...tim an _ um d i_l _, , NI , in 1 F9 ing ,--. 1 __ NIL , N ire / . ] _ ill - 01 ■ , L men7mom /PDH.1 P D-H 1 / Min A 12 .1 ___ pa ABM i . --xm MN W. .11 116<i>: 1 o11111, WA Site N 1 Property_Polygons Pham Vo, LLC w ' E Zoning 5120 Settlers Park Drive s Parking Lot Drive Aisle Building Feet n 1nOn An Fn Qn Inn ion 72 ITEM— V.J.8 PLANNING ITEM#70845 The following registered to speak: Denise Phipps,Applicant, 3283 Long Indian Creek Court, Georgia, Phone: 739-2445, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Council Member Abbott, seconded by Vice Mayor Wood, City Council DENIED Application of THE GOOD MANOR GROUP,LLCfor a Conditional Use Permit re short term rental at 1721 Rueger Street DISTRICT 2—KEMPSVILLE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 73 ITEM— V J.9 PLANNING ITEM#70846 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED TO OCTOBER 20, 2020, BY CONSENT, Application of CHARLIE KIM for a Conditional Use Permit re short term rental at 809 Vanderbilt Avenue DISTRICT 6—BEACH Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 74 ITEM— V J.10a/b PLANNING ITEM#70847 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of MICHAEL&RENEE FAIRCHILD/MLFW,LLCfor a Conditional Use Permits re short term rentals at 836 and 83812`h Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MICHAEL & RENEE FAIRCHILD/MLFW, LLC for a Conditional Use Permits re short term rentals at 836 and 838 12`h Street (GPINS 417848537& 2417848522)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed as 836 & 838 12`h Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Unless a modification is approved by the Director of the Department of Planning and Community Development, the driveway apron must be enlarged in accordance with the Site Layout&Parking Plan section of this report. Completion of this condition must occur within sixty(60) days of City Council approval of this Short Term Rental Conditional Use Permit request. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. September 15, 2020 75 ITEM— V.J.10a/b PLANNING ITEM#70847 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1- Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10::00p.m. or before 10.00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`i' day of September Two Thousand Twenty. September 15, 2020 76 ITEM— V.J.10a/b PLANNING ITEM#70847 (Continued) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None September 15, 2020 S w " 1111■""°- . .aT\\ %$ ' R'SD' wii,7 � lli '- R 5D i �� /' 1°°' .i ► .°10 o \-\-\ .W1 •••••° 2- str - goo* __ , 010V__ N r R— D •► - 0 5 0 �h '5 D s! • ci _.:All.-.\11110.\: R urt �� A-24 sandy Co R1-5.D , A-24* is 0 Norfolk Avenue Norfolk Avenue A-24 WA Site N Michael & Renee Fairchild W'��h-E Pro perty_Polygons NV. Zoning 836 & 838 12th Street S Parking Lot Drive Aisle Building lccimicci Feet n 1L'In gn an ion 1Gn 1an 77 ITEM— V.J.11 PLANNING ITEM#70848 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of CHARITY FIGALLO for a Conditional Use Permit re short term rental at 448 Garrison Place DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHARITY FIGALLO for a Conditional Use Permit re short term rental at 448 Garrison Place(GPIN 1486987809)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 448 Garrison Place and the Short Term Rental use shall only occur in the principal structure. 2. As shown on the "Site Layout & Parking Plan" section of the Staff Report, additional parking surface must be placed on the property within sixty (60) days of City Council approval. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall note the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and September 15, 2020 78 ITEM— V.J.11 PLANNING ITEM#70848 (Continued) b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 27 and 31-28(solid waste collection), 12-5 Ores on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`h day of September Two Thousand Twenty. September 15, 2020 79 ITEM— V J.11 PLANNING ITEM#70848 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson,and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and Vice Mayor James L. Wood Council Members Absent: None September 15, 2020 W J , � CO 0 00 __ � o ' D ,iii .� O cb - it // 0 r- 111: 1j♦ a4p�p, piti • 0 , in 0 w a, // -- -,, ll/ / 0 / o) c O / _\ ,Q ,�>, 'i 1\4. aoir ``J s it 0 v °o 44. 4 111111111044ip.,! A ii. U404444:, 4 © �t 11, / r Os�1Jp -4, Lc_ , , cb / ' 11111114 mir , /_,_ ceiii __ .E/ / 0 o __,iiirip*A 1 __1 a __ y .- will* Leo L �a9 o�I J - - I1 �, a) O '5 tiI C m� (n a N a � / / / S' / 0 0 : L /� \ I 80 ITEM— V.J.12a PLANNING ITEM#70849 The following registered to speak: Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, did not respond Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council ADOPTED, CITY OF VIRGINIA BEACH—Ordinance to AMEND City Zoning Ordinance(CZO)Section: a. 104 re allow civil penalties for the violation of Section 241.2 pertaining to Short Term Rentals (Requested by Council Member Tower) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE TO 3 ALLOW CIVIL PENALTIES FOR THE 4 VIOLATION OF SECTION 241.2 5 PERTAINING TO SHORT TERM RENTALS 6 7 Section Amended: § 104 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 104 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 104. - Violations and penalties. 20 21 (a) Except as provided in subsection (b), any person who violates any of the 22 provisions of this ordinance shall, upon conviction thereof, be guilty of a 23 misdemeanor punishable by a fine of not more than one thousand dollars 24 ($1,000.00). If the violation is uncorrected at the time of the conviction, the court 25 shall order the violator to abate or remedy the violation in compliance with this 26 ordinance, within a time period established by the court. Failure to remove or 27 abate a violation within the specified time period shall constitute a separate 28 misdemeanor offense punishable by a fine of not more than one thousand dollars 29 ($1,000.00); and any such failure during a succeeding ten-day period shall 30 constitute a separate misdemeanor offense punishable by a fine of not more than 31 one thousand five hundred dollars ($1,500.00); and any such failure during any 32 succeeding ten-day period shall constitute a separate misdemeanor offense for 33 each ten-day period punishable by a fine of not more than two thousand dollars 34 ($2,000.00). 35 36 (b) Any person who violates any provision of Part B of Article 2, section 241.2, or 37 section 1903, regarding only short term rentals, of the City Zoning Ordinance 38 hereof shall be assessed a civil penalty in the amount of two hundred dollars 39 ($200.00) for the initial summons and not more than five hundred dollars 40 ($500.00) for each additional summons. The assessment of a civil penalty shall 41 not preclude the institution of a civil action by the zoning administrator pursuant to 42 section 103(a) of this ordinance, but no such violation shall, unless it results in 43 injury to any person, be prosecuted as a criminal misdemeanor, provided however 44 that when such civil penalties total five thousand dollars ($5,000.00) or more, the 45 violation may be prosecuted as a criminal misdemeanor. 46 1 47 . . . . 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day 50 of September , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I tk_/&,0 I nnin epa ent City t • :y's Office CA15059 R-2 May 8, 2020 2 81 ITEM— V J.12b PLANNING ITEM#70850 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED INDEFINITELY, BY CONSENT, CITY OF VIRGINIA BEACH— Ordinance to AMEND City Zoning Ordinance(CZO)Section: b. 1903 re allowing certain Short Term Rentals as permitted uses in the Old Beach Overlay District (Requested by Council Member Tower) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 82 ITEM— V J.13 PLANNING ITEM#70851 The following registered to speak: Betsy Atkinson, 112 54`"Street, Phone: 438-2506, spoke in OPPOSITION M. Conrad Agresti, 501 Bushnell Drive, Phone: 425-2068, spoke in SUPPORT Michael Megge, 2036 Hackberry Road, Phone: 435-5201, spoke in OPPOSITION Barbara Messner, P.O. Box 514, spoke in OPPOSITION Doug Huston, 2733 River Road, Phone: 617-3360, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council DEFERRED INDEFINITELY, CITY OF VIRGINIA BEACH—Ordinance to AMEND City Zoning Ordinance(CZO) Section 241.2 re revocation of grandfather status and City Council findings (Requested by Council Member Tower) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 83 ITEM— V.J.14 PLANNING ITEM#70852 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED INDEFINITELY, BY CONSENT, CITY OF VIRGINIA BEACH — Ordinance to ESTABLISH transitional rules for the review of Conditional Use Permits re property in the Old Beach Overlay District (Requested by Council Member Tower) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 84 ITEM— V.I.K APPOINTMENTS ITEM#70853 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD September 15, 2020 85 ITEM#70854 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body • Holloway, et al v. City of Virginia Beach September 15, 2020 86 ITEM#70854 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 7:33 P.M. Voting: 8-2 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Aaron R. Rouse Council Members Absent: Michael F. Berlucchi—Stepped out during vote Closed Session 7:33 P.M. —8:25 P.M. September 15, 2020 87 CERTIFICATION ITEM#70855 Mayor Dyer RECONVENED the Formal Session at 8:26 P.M. in the City Council Chamber. Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt 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: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None September 15, 2020 G�14u''Bc rJ�4 �G p' �2 otu S OF OUR N�t�OM 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#70854 Page 86 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the 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 RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in 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. Amanda antes,MMC City Clerk September 15, 2020 88 ADJOURNMENT ITEM#70856 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:27 P.M. • e ' s / Chief Deputy City Clerk 1411 Ay,nda Bar es,MMC Robert M. Dyer City Clerk Mayor September 15, 2020