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HomeMy WebLinkAbout09-09-75~;~~1 Minutes of a special meeting of the Pulaski Town Council held September 9, 1975 at 5:00 P. M. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: James M. Neblett, Andrew L. Graham, Mason A. Vaughan, William A. House, C. WiLliam.Hickam, Jr. Absent: Councilmen: Bob J. C1ark,:Arthur L. Meadows Blair B. Brockmeyer Also present: Town Manager: J. E. Marshall _ Clerk:. Gladys R,. Dalton Town Attorney: Garnett S. Moore Town Engineer: H. R. Coake Visitors: Fhil Sadler and Robert L. Morrison, Jr. Attorneys for Sadler Hosiery Mills and Howard C. Sadler, an officer of the Sadler Hosiery Mills. The invocation was given by Councilman Vaughan. The original petition and notice of Sadler Hosiery Mills to the Council of the Town of Pulaski requesting thata certain portion ~r~ of an'alley lying within the Town of Pulaski be vacated in accordance with Section 15.1-364 of the Code of Virginia, as amended, were presented to Council. Town Attorney Moore stated the petition and notice had been properly signed, and both carried a certificate PETITION & by Howard G. Sadler properly signed bef or a Notary Public that notice NOTICE OF was properly posted on the 28th day of August, 1975. Mr. Moore SADLER HOS. indicated both the notice and petition appeared to be in proper MILLS FOR f orm; however, a correction had been made to the metes and bounds CLOSING ALLE description as contained in the notice and petition and that Mr. Y RECEIVED Sadler had agreed to the change in the description. Councilman Neblett & FILED moved that the notice and petition be accepted and filed. The motion was seconded by Councilman Graham, and carried on the following recorded vote: C. William Hickam, Jr. - aye Andrew L. Graham - aye Mason A. Vaughan - aye William A. House - aye James M. Neblett - aye Bob J. Clark - absent Blair B. Brockmeyer- absent Arthur L. Meadows - absent ~i~~3~~ September 9, 1975 NOTICE OF APPLICATION TO THE COUNCIL OF THE TOWN DF PULASKI, VIRGINIA FOR VACATION OF A CERTAIN ALLEY SECTION WITHIN THE TOWN OF PULASKI AS PROVIDED FOR IN SECTION 15.1-364 OF THE CODE OF VIRGINIA, AS AMENDED Take notice that the undersigned, named as petitioners in a certain petition~.a copy of which is attached hereto, shall, on the 9th day of September, 1975, or as soon thereafter as they may be heard, present to the Mayor and the Council of the Town of Pulaski, Virginia, their, petition requesting that a certain portion of an alley lying within the Town of Pulaski, Virginia, be vacated in accordance with Section 15.1-364 of the Code of Virginia, as amended. The said alley requested to be closed is described as follows: The alley lying within Block ILO on the official map of the Town of Pulaski and designated as Lot 18A on that map. BEGINNING at a point on a south- western corner of Lot 15 in that block and running in a northerly direction 154 feet to the north- western corner of Lot 12A in that block; thence East approximately 15 feet to a point on :the boundary of Lot 24 of that block; thence South 154 feet along .the borders. of Lots 24 and 18 of that block to a point on the southeastern corner of Lot 18; thence West approximately 15 feet to the BEGINNING All of said alley requested to be vacated and closed lies adjacent to or within the properties of the petitioners, all of which is more particularly set forth in said petition attached hereto and made a part of this Notice. NOTICE OF Given under his hand and posted this 28th day of August, 1975, at the Pulaski County Courthouse, Town of APPLICATION Pulaski Municipal Office and Town of Pulaski Fire Department, all. of which are located in said town. RE: SADLER /S/ HOWARD G. SADLER SADLER HDSIE~Y MILLS, INC. HOS. MILLS /S/ ROBERT L. MDRRISON, JR. Gilmer, Sadler, Ingram, Sutherland & Hutton CERTIFICATE I, Howard G. Sadler, do hereby certify that I, on the 28th day of August, 1975 did post a copy of this notice at the Pulaski County Courthouse, Town of Pulaski Municipal Offices and Town of Pulaski Fire Department as required by Va. Code Annotated S15.1-364. /S/ HOWARD G. SADLER S~ATE.OF VIRGINIA: 1 COUNTY OF PULASKI, to-wit I, Virginia K. Moore, a Notary Public in and for the State and County of oresaid, do hereby certify that Howard G. Sadler, whose name is signed to the foregoing notice, personally appeared bef ore me in my State and County aforesaid and acknowledged the same. Given under my hand this 9th day of September, 1975. My commission expires: March 18, 1978. /S/ VIRGINIA L. MOORE, Notary Public ~j3 September 9, 1975 TO THE MAYOR AND MEMBERS OF THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA The undersigned does respectfully petition the Town Council of Pulaski, Virginia, to close that certain portion of an alley further described below, lying within said Town of Pulaski, and bounded on either side by property belonging to the under- signed as set out in the descript~cm-f ollowing: The alley lying within Block 110 on the official map of the Town of Pulaski and designated as Lot 18A on that map. BEGINNING at a point on a south- western corner of Lot 15 in that block and running in a northerly direction I54 feet to the north- western corner of Lot 15 in that block and running in a northerly direction 154 feet to the northwestern corner of Lot 12A in that block; thence East approxi- mately 15 feet to a point on the boundary of Lot 24 of that block; thence South 154 feet along the borders of Lots 24 and 18 of that block to a point on the southeastern corner of Lot 18; thence West approxi- PETIT:ION OF mately 15 feet to the BEGINNING SADLEK HOS. Petitioner prays that all necessary steps and procedures including proper notice, appointment of viewers or Commissioners, MILLS TO hearings, adoption of final ordinance, etc., be had in this matter and that upon the completion thereof, the Council vacate and TOWN FOR abandon said alley and release any and all claims thereto to such property owner of as shall be determined by law to be entitled CLOSING OF to said section of said street, which is to be vacated and abandoned for public purposes. ALLEY Given under his hand this 28th day of August, 1975. /S/ HOWARD G. SADLEK SADLEK HOSIERY MILLS, INC. /S/ ROBERT L. MORRIS ON, JR. Gilmer, Sadler, Ingram, Sutherland, & Hutton CERTIFICATE I, Howard G. Sadler, do hereby certify that I, on the 28th day of August, 1975 did post a copy of this petition at the Pulaski County Court House, Town of Pulaski Municipal Offices and Town of Pulaski Fire Department as required by Va. Code Annotated S15.1-364. /S/ HOWARD G. SADLEK STATE OF VIRGINIA: COUNTY OF PULASKI, to-wit: I, Virginia K. Moore, a Notary Public in and for the State and County of oresaid, do hereby certify that Howard G. Sadler, whose name is signed to the foregoing petition, personally appeared bef ore me in my State and County of oresaid and acknowledged the same. Given under my hand this 9th day of September, 1975. My commission expires: March 18, 1978. /S/ VIRGINIA K. MOORE, Notary Public ~~~4 September 9, 1975 Town Attorney Moore presented to Council for its consideration a Resolution appointing Viewers and Alternates and setting the date of September 24th at 5:00 P. M. for holding a public hearing on the petition of Sadler Hosiery Mills, for closing said alley. Councilman Vaughan moved the adoption of the Resolution as presented. The motion was seconded by Councilman Neblett, and carried on the following recorded vote: C. William Hickam, Jr. - aye James M. Neblett - aye Andrew L. Graham - aye Bob J. Clark - absent Mason A. Vaughan - aye Blair B. Brockmeyer- absent William A. House - aye Arthur L. Meadows - absent RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE TOWN flF PULASKI, VIRGINIA, meeting in Special Session on the 9th day of September, 1975, as follows: WHEREAS, a Petition and Application for the closing of a portion of an alley within the Town has been filed with the Council of the Town by Sadler Hosiery Mills, Inc., of Pulaski, which is described as follows: BEGINNING at a point on the eastern boundary line of Cliff Street, which point of Beginning is the south- ADOPTION OF west corner of Lot 17 as shown on the Official Map of RESOLUTION BY the Town of Pulaski, Virginia; thence South 88 deg. 00' COUNCIL APPOINTING East approximately 150 feet to a point in Lot No. 12, VIEWERS FOR CLOSING twelve and one-half (I2-I/2) feet west of the western OF ALLEY boundary line of Lot No. 11; thence South 2 deg. 00' West 15 feet to a point in the northern boundary Line of the Gemmell property; thence therewith and along the northern boundary Line of Lot l8 on the of oresaid map, N. 88 degs. 00' West 150 feet, more or less, to the north- west corner of Lot 18 in the eastern boundary line of Cliff Street; thence therewith North 2 degs. 00' East 15 feet to the point of Beginning; and WHEREAS, it appears that proper notice as required by statute was posted,on the 28th day of August, 1975, in three places in the Town, namely: the Municipal Office, Pulaski Fire- house and the Courthouse of the Circuit Court of Pulaski County, Virginia, and at least ten (10) days have expired since the said posting; and WHEREAS, the Council of said Town, upon viewing the petition filed herein, finds it to be in proper order, with the exception of an error in the metes and bounds description, but directs it to be received and filed, and further directs that the description be corrected as hereinabove set out, and that copies of the correct description be posted in the of oresaid places where the original notices were posted; that the Viewers hereinafter appointed view the described portion of the alley, and that all other steps necessary be followed to bring this matter properly bef ore the Council for its final consideration. 1 September 9, 1975 NOW, THEREFORE, BE IT RESOLVED, that: (1) The application be received and filed and the description of the alley be amended as set out above. (2) Viewers be appointed, as follows: ~~ 1. Edward L. Barr 2. Curtis C. Jordan 3. W. Marvin Board Alternates: 1, Daniel C. Bell 2. Forest W. Haley ~~~ (3) Such Viewers shall meet and report in writing whether in their opinion any, and if any, what convenience would result from vacating and closing the portion of the of oresaid described alley as requested in said petition. (4) That the Clerk of Council give written Notice to all landowners affected by the closing of the portion of said alley, and further, that said Clerk of Council give public notice by publication of same in the Southwest Times, a local newspaper, once a week for two consecutive weeks, and that said notice describe the said portion of said alley, and set out therein that the Town may vacate and close the same, and that 5:00 o'clock P. M. in the Council Chambers on the 24th day of September, 1975, be fixed as the time, place and date upon which the said Council will hold a Public Hearing upon said closing bef ore it, and that all persons interested may be heard either for or against the closing as requested in said Petition. 1 (5) That the said Town Manager and Attorney for the Town do any and all other things necessary for the proper determina- tion of this matter. Town Attorney Moore presented letters from the Nehi Bottling Company and the Salvation Army, neighbors on the western boundary LETTERS FILED and eastern boundary, respectively, of Sadler Hosiery Mills, in which they indicate they have no objection to the closing of the alley. These letters were filed with the Clerk to be made a part of the file. At 5:20 P. M. Councilman Vaughan moved that Council adjourn. ADJOURN The motion was seconded by Councilman House, and carried. APPRDy~D: /, Mayor Ratcliff ~ ATTE . ~G'~'~-/ Clerk of Council