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TOWN OF PULASKI, VIRGINIA ORDINAiVCE i10. 91-7
AUTHORIZING ACCEPTANCE OF WATER & Sanitary SEWER
EASEMEN7.'S ON W. D. DEVELOPMENT (PULASKI) LAND KNOWN
AS Mr,MORIAL SQUARE SHOPPING CENTER
ADOPTED: March 19, 1991
EFFECTIVE: March 19, 1991
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TOWN OF PULASRI, VIRGINIA
ORDINANCE 91-7
AUTHORIZING ACCEPTANCE OF WATER AND SANITARY SEWER EASEMENTS
• ON W.D. DEVELOPMENT (PIILASRI) LAND
KNOWN AS MEMORIAL SQUARE SHOPPING CENTER
WHEREAS, the Town of Pulaski held general sewer and utility
easements across the property of W.D. Development (Pulaski) by
reason of a grant of easement by Walter Allison dated November
30, 1957, of record in Deed Book 179, page 42; and,
WHEREAS, in constructing Memorial Square shopping center on
Memorial Drive in the Town of Pulaski, the property owner
installed water and sewer lines in consultation with the Town
engineers and staff, so that the needs of the Town have been met;
and,
WHEREAS, to clarify the public record as to the location of
Town utility easements on the W.D. Development (Pulaski)
property, the owner prepared a plat showing the location of the
installed lines and asked that the Town acknowledge that these
will constitute the locations of easements previously reserved on
that portion of the Walter Allison property now held by W.D.
Development (Pulaski); and the Town authorized the Town Manager
to execute an agreement setting forth the locations on February
5, 1991; and,
WHEREAS, the owner has asked that these lines be accepted
into the Town water and sewer system so that the Town will
• maintain these lines in the future; and,
WHEREAS, after examining the engineering, safety, and other
needs of the Town, the Town Council has determined it in the best
interest of the Town to accept these lines for future maintenance
and control, subject to certain conditions;
NOW, THEREFORE, be it ORDAINED by the Council of the Town of
Pulaski, Virginia, sitting in regular session on March 19, 1991,
that the Town Manager is authorized to execute an agreement or
other instrument with W.D. Development (Pulaski) setting out the
location of any Town easements on the shopping center portion of
its property, in substantially the locations shown on a plat
entitled "Plat of Survey of Public Utility Easements to be
Acquired by the Town of Pulaski, Virginia from W.D. Development
(Pulaski)", dated January 31, 1991, prepared by Anderson &
Associates, Engineers, and accepting such lines into the Town
system.
PROVIDED, that any such agreement or instrument must also
contain provisions which 1) allow the Town access for connecting
the existing lines into lines serving other areas, and 2) limit
obligation of the Town to repair pavement and the like damaged in
the normal course of repairs to reasonable measures; and 3) limit
any future damages to the owner and its successors to exclude
• damages stemming from the construction, as opposed to the
maintenance, of the system; and 3) make the owner responsible for
maintenance of the lines for one year or until expiration of any
warranties by its contractor. An assignment of any warranties may
be accepted in lieu of such term.
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This Ordinance is effective upon its adoption and is adopted
by recorded vote of the Town Council of the Town of Pulaski,
Virginia, on this the 19th day of March, 1991.
• J. R. Schrader AYe James R.Neighbors AYE
Robert N. Glenn Ye Alma H. Holston Y
C. Donald Crispin Ye Mary Lou Copenhaver Ye
W. H. Schrader, Jr. Ye Andrew L. Graham Y~
TOWN OF PULASRI, VIRGINIA
By:
G y C. Hancock, Mayor
Attest:
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Clerk of Council
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I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia,
do hereby certify that the foregoing Ordinance No. 91-7 authorizing
acceptance of water & sanitary sewer easements on W. D. Development (Pulaski)
land know as Memorial Square Shopping Center is a true and correct copy as
adopted by the Pulaski Town Council at their regular meeting on March 19,
1991.
Ru h A. Harrell, Clerk of Council
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