HomeMy WebLinkAbout91-08ORDINANCE 91-8 ABAi1DONING UNDEVELOPED RIGHT OF WAY
OF SUNSET DRIVE ON THE WEST SIDE OF MEMORIAL SQUARE
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ADOPTED: April ln, 1991
EFFECTIVE; April 16, 1991
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BOOK O~kS$PAG~ ~ZO
No. 91-8
ORDINANCE ABANDONING UNDEVELOPID RIGHT OF WAY
. OF SUNSET DRIVE ON THE WEST SIDE OF MEMORIAL DRIVE
WHEREAS, the Town Council received a request from W.D. Development (Pulaski) to close and
abandon an undeveloped portion of Sunset Drive, on the West side of Memorial Drive in the Town of
Pulaski; and,
WHEREAS, the Town Council received the reports of the Town Manager, Town Engineer, and Public
Operations Committee recommending the closure; viewed the site; and held a public hearing on Apri12,
1991 after notice as required by law, at which hearing no one appeared for or against the closure; and,
WHEREAS, the Council finds that it is in the public interest to abandon the right of way so that the
Town will have no further maintenance obligation and so that the land can be put into more productive
use; and,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia,
sitting in regular session on April 16, 1991, that the portion of Sunset Drive lying on the West side of
Memorial Drive in the Town of Pulaski be and hereby is closed, abandoned and vacated, and, is
quitclaimed to W.D. Development Corp. (Pulaski). The area hereby abandoned is more particularly
described as follows:
Beginning at a point on the western R/W line of Memorial Drive said point being S 28 ° 35' 26"
E 759.66 ft. from a concrete highway monument in the southeast line of Lee Highway, thence
S 28 ° 35' 26" E 100.002 ft. to a point on the western R/W of Memorial Drive,
• thence N 77° 30' 38" W 25.39 ft. to a point,
thence S 47° 42' 31" W 13.00 ft. to a point,
thence N 42° 31' 21" W 49.99 ft. to a point,
thence N 47° 42' 31" E 29.89 ft. to a point,
thence N 29° O1' 38" W 30.8 ft to a point,
thence N 61 ° 24' 43" E 15.0 ft to the beginning point
in the western R/W at Memorial Drive; said parcel containing 0.059 acre, more or less.
PROVIDID, however, that the closure and quitclaim of said street is subject to the following terms and
conditions:
1. The parcel will remain subject to the existing right of way of Memorial Drive so that
Memorial Drive will have a uniform and uninterrupted right of way.
2. The Town retains easements for all existing public utility lines crossing the parcel.
3. W.D. Development (Pulaski), by accepting this parcel, binds itself, its successors and assigns,
to install curb, gutter, and sidewalk along the Memorial Drive curb-line to the Town
specifications within twelve months from the adoption of this ordinance, unless the area has been
developed for use as an entrance to the owner's property. The Town Manager, for good cause
shown, is authorized to extend the time period to a date no later than twenty-four months from
adoption.
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4. The owner must accept these conditions within thirty (30) days of the date of this ordinance
• by a writing filed with the Clerk of Council. Recordation of this ordinance in the Office of the
Clerk of the Circuit Court of Pulaski County shall be notice to all persons that these conditions
have been accepted.
This Ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of
the Town of Pulaski, Virginia, on the 16th day of April, 1991 as follows:
J. R. Schrader
Robert N. Glenn
C. Donald Crispin
W. H. Schrader, Jr
Aye
Aye
Absent
James R. Neighbors Absent
Alma H. Holston Aye
Mary Lou Copenhaver Aye
Andrew L. Graham Aye
ye
TOWN OF PULASKI, VIRGINIA
BY: ~ G'~ C2~
G C. HANCOCK, MAYOR
Attest:
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• Ru A. Harrell
Clerk of Council
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BOOK O ~ggPAGE ~11
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Ci~'pirtt ~evelc~,~ment G~c~, C~7nc
May 10, 1991
Town of Pulaski
P. O. Box 660
Pulaski, VA 24301
TO WHOM IT MAY CONCERN:
WD Development (Pulaski) hereby accepts the conditions
stipulated in the Ordinance Abandoning Undeveloped Right-of-Way
of Sunset Drive on the Westside of Memorial Drive, Ordinance No.
91-8. Specifically, WD Development (Pulaski) hereby agrees as
follows:
1. The parcel referenced in Ordinance No. 91-8, attached
hereto, will be subject to the existing right-of-way of
Memorial Drive so that Memorial Drive will have a uniform
and uninterrupted right-of-way;
2. The Town shall retain all easements for all existing public
utility lines crossing the parcel; and
3. WD Development (Pulaski) hereby binds itself, its successors
and assigns to install curb, gutter and sidewalk along the
Memorial Drive curb line to Town of Pulaski specifications
within 12 months from the adoption of Ordinance No. 91-8,
unless the area has been developed for use as entrance to
the owner's property. In addition, for good cause shown,
the Town Manager may extend the time period to a date no
later than 24 months from the adoption period.
WD DEVELOPMENT (PULASKI), a
South Carolina general
partnership
By: Wyatt Ventures, Inc., a South
Carolina corporation, its
man ~ging part er
By:
We ~on t
Preside t
CC: Henry Goodwin
Jim Price
P.O. BOX 1519. 1080 SILVER BLUFF ROAD • AIKEN, SOUTH CAROLINA 29802 • TEL. 803/649-3975
FAX # 803/642-5908
I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia,
do hereby certify that the Ordinance 91-8 Abandoning Undeveloped Right of
Way of Sunset Drive on the West Side of Memorial Square is a true and correct
copy as adopted by the Pulaski Town Council at their regular meeting on
April 16, 1991 ~~,
Rut A. Harrell, Clerk of ouncil