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HomeMy WebLinkAbout10-15-631~ { l V i. Minutes of the regular meeting of the Pulaski Town Council, held on the 15th day of October, 1963, at 4:00 P. M., in the Municipal office. There were present: Mayor C. V. Jackson, presiding. Councilmen: C. B. Gallimore, Billy B. Flint, T. J. McCarthy W. S. Cummings, Eugene L. Nuckols, W. A. Larson arrived during the meeting. Glen K. Aust & F. L. Carrico, absent Also present: Town Manager: T. B. Noland C1 erk : Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Midge Woodard, Southwest Times Fred Loeffler, Roanoke,Times Paul Dellinger, Roanoke Times Howard C. Gilmer, Jr. & P. M. Sadler, Attys. for Coleman Furn. Corp. The invocation was given by Councilman Flint. Minutes of the regular meeting of October 1, Public Hearing of October 8, and special meeting of October 10, were approved. Mr. Gilmer, on behalf of the Coleman Furniture Corporation, thanked Mayor Jackson, Town Attorney Moore, Town Manager Noland and members of Council for their efforts in the completion of the alley mater. Mr. Gilmer asked that in connection with Coleman Furniture Corporation's expansion program that the encroachments which now exist on the alley between Madison and Washington Avenues and placed there by that corporation, remain until such time as they are removed or des- troyed. Encroachment one, approximately 6", being the wall of the TOWN ATTY. Coleman Furniture Corporation building along the alley, and will be DIRECTED TO PREPARE ORI),, a permanent encroachment; Encroachment two, bei ng a loading ALLOWING COLEMAN FUtzN. ~Latform and not of a permanent nature, but to remain until such WALL TO ENCROACH ON ALLEY; U;3E time as it is no longer needed. Mr. Gilmer further stated that PERMIT FOR LOADING the contract for the first stage of the expansion should be let by PLATFORM January 1st of 19b1i, and asked that the Industrial Lane adjacent to Coleman Furniture Corporation office on the north side of Third Street be extended west to the alley back of the Western Auto Store. Followin a len th discussion of these reouests Councilman g g y , Nuckols moved that the Town Attorney be directed to draw an ordi- Hance allowing the encroachment of the Coleman Furniture Corporation building on the alley between Madison and Washington Avenues, ~~~~ Council mins. contd. 10/15/63 as presently located, and that he be further instructed to prepare a Use Permit for the platform. This mot~.on was seconded by Councilman McCarthy, and carried unanimously. Councilman Gallimore moved that the matter of ' the Industrial Lane be referred to the Street Committee to see how ST. COMM. TO the existing Industrial Lane is working out and see what STUDY COLEMAN ~S RED?. FOR EXT. improvements can be made and for said Committee to act between OF INDUSTRIAL LANE ALONG this meeting and Council's next regular meeting. This motion 3RD ST. TO WESTERN AUTO was seconded by Conhca:lman Cummings, and carried unanimously. Town Attorney Moore presented an ordinance which would close certain portions of the three alleys as petitioned by the Coleman Furniture Corporation, and said ordinance was read and discussed by Council. On motion of Councilman Flint, seconded by Councilman Cummings, and carried on the following vote;, the following ordinance was adopted: W. S. Cummings - aye G. B. Gallimore - aye T. J. McCarthy - aye W. A. Larson - absent Billy B. Flint - aye F. L. Carrico - absent Eugene L.Nuckols -aye Glen K. Aust - absent AN ORDINANCE TO VACATE AS ALLEYS THOSE ADOPTION OF CERTAIN THREE TRACTS, PARCELS OR PORTIONS ~JRDINANCE CLOSING OF ALLEYS WITHIN SAID TOWN, NUMBER ONE ALLEY 1 & 2 & 1?_5 THEREOF RUNNING EAST AND WEST AND LYING FEET OF ALLEY 3 ADJACENT TO AND JUST NORTH OF LOTS 118, 50, and 52 in BLOCK 33, NUMBER TWO THEREOF RUNNING NORTH AND SOUTH AND LYING ADJACENT TO AND JUST WEST OF LOTS 11, 13, 15, 17, 19, 21 and 23 IN BLOCK 33, AND NUMBER THREE BEING THAT 125 FOOT PORTION OF AN ALLEY RUNNING EAST AND W~82 AND LYING ADJACENT TO AND JUST SOUTH OF LOTS 5 AND 7 IN BLOCK 31~, AND COMN~NCING AT A POINT 275 F ET FROM THE INTERSECTI ON OF THE SAID ALLEY WITH THE EAST LINE OF WASHINGTON AVENUE, PROVIDING FOR THE RETENTION OF CERTAIN EASEMENTS FOR UTILITIES, ETC., AND FOR. THE PAYMENT OF COSTS OF THIS PROCEEDING. WHEREAS, Coleman Furniture Corporation app eared by petition and in person on the 17th day of Spetember, 1963, before the Council of the Town of Pulaski, Virginia, after posting due notice of the filing of said petition as required by law in at least three places in said Town on the lath day of September, 1963, that being the first day of the September Term of the Pulaski County Circuit Court, said petition re- questing that the Town vacate three certain strips of land shown on the Official Map of the Town of Pulaski, Virginia, and hereinafter more fully described; and, ~~ ~3 Council rains. contd. 10/1.5/63 li:00 P. M. WHEREAS, upon the filing of said petition, the Council did adopt a resolution on the 17th day of September, 1963, appointing E. C. Grigsby, W. W. Walton, R. G. Fizer, C. L. Plunkett, and Archa Vaughan, Jr., viewers, and T. M. Combiths, Jr., as substitute viewer, as required under Section 15-766 of the Code of Virginia,of 1950; and, WHEREAS, all of the landowners adjacent to the alleys and who would be affected by the closing thereof were notified of the filing of the petition and of a public hearing thereon to be held on the 8th day of October, 1963, in the Town Offices in Pulaski, Virginia, said notice being delivered to the land owners and by publication in the Southwest Times, a local news- . paper; and, WHEREAS, the five viewers named in the aforementioned resolution met on the 30th day of September, 1963, and were instructed by written instructions of the Town Attorney, and did thereafter view the land, and filed in these proceedings ' their report; and, WHEREAS, on the 8th day of October, 1963, said public hearing was held pursuant to proper notice and publication, and there appearing in person or by counsel all of those persons ORDINANCE CONTIN-having land adjacent to any of the alleys which were proposed to i be closed, and certain other citizens of the Town of Pulaski, Virginia, who opposed the closing of the porti on of the alley UED described in Parcel No. 3 and upon the viewers' report stati ng that no inconvenience would result from the discontinuance or abandonment of the portions of alleys described in Parcels No. 1 and 2, but that certain inconveniences would result to la nd- owners on the north side of that portion of the alley described in No. 2; and, WHEREAS, at said public hearing all of the parties owning any land adjacent to any of the proposed portions of alleys to be closed advised the Town either in person or by counsel that by reason of certain agreements between property owners all objections to the closing of that portion of the alley des- cribed in paragraph 3 of the petition were withdrawn; this = included .the landowner to whom inconvenience would result in the viewers' opinion, no objections being voiced by any one to the closing of those portions of alleys described in paragraphs 1 and 2 of the petition; and, WHEREAS the said Council of the Town of Pulaski, Virginia, is of the opinion that the vacating and closing of the three portions of alleys as described in the petition before Council would result in and be economincally beneficial to the people of the Town of Pulaski, and that in consideration of the with- drawal of objections by adjacent landowners and by reason of certain agreements entered into privately by landowners, that; no inconvenience would now result to anyone by said closing providing that there is reserved an easement for the construction, reconstruction, maintenance and repair of any utility lines presently located in and across the portions of the alleys to be closed; NOW, THEREFORE, BE IT ORDAINED BY THE Council of the Town '. of Pulaski, Virginia, as follows: ~1) All of that portion of a certain alley runnig East and West in said Town lying adjacent to and just North of Lots Numbers l~8, 50 and 52, in Block 33, according to the Official Map of the Town of Pulaski, Virginia. ~~'7~4 Council rains. contd. X0/15/63 ~ P. M. (2) All of that portion of a certain alley running North and South in said Town lying adjacent to and just West of Lots Numbers 11, 7~, 15, 17, 19, 21 and 23, in Block 33, according to the Official Map of the Town of Pulaski, Virginia. ORDINANCE (3) All of that portion of a certain all eY in said Town of Pulaski, running East and West in said Town, lying adjacent to and just south of Lots Numbers 5 and 7, in Block 34, according to the Official Map of the Town of Pulaski, Virginia, commencing 275 feet from the intersection of said alley with Washington Avenue, and thence West to the East line of that property of Joe L. Harris upon which is located an automobile garage huilding now occupied by the Luttrell Chevrolet Corporation; CONTINUED be, and the same are hereby vacated and abandoned as alleys or public easement ways in the Town of Pulaski, Virginia, subject, however, to the reservation by the Town of an easement for the construction, reconstruction, maintenance and repair, and for ingress and egress thereto, for the purpose of any water, sewer or other utility lines which are now located upon said portions of alleys closed. BE IT FURTHER ORDAINED that the Town Manager of the Town of Pulaski, Virginia, cause to be recorded in the Deed Books of the County of Pulaski, Virginia, located in the Clerk's Office of the said County, a copy of this ordinance, and to fake any and all other steps necessary to properly glace on the record the said ordinance. BE IT FURTHER ORDAINED that E. C. Grigsby, W. W. Walton, R. G. Fizer, C. L•. Plunkett, and Archa Vaughan, Jr., the aforesaid viewers, be paid the sum of $10.00 each, and that all of the costs incurred by the Town in the said vacating of the aforesaid portions of alleys or easement ways be paid by the petitioners. At this time Councilman Larson appeared for the remainder of the meeting. Town Attorney Moore read to Council an agreement by and between Pulaski Business Plaza, Incorporated, parties of the first part; W. D. Macgill, Jr., and Eloise B. Macgill, parties of the second part; and the Town of Pulaski, party of the third part, having to do with AGREEMENT FOR the abandonment of certain old easements for water and sewer lines which OLD AND NEW UTILITY EASFMENTShave been removed during the razing of Maple Shade Inn and construction BFT. PULASKI BUSINESS PT,A'?A; of the shopping center, and the granting to the Town certain other W. D. & ELOISE B. MACGILL & TOWN easements for other water and sewer lines and storm drains in and OF PULASKI along that section. After discussing the matter fully, Councilman Larson moved that the agreement be executed on behalf of the Town of Pulaski, which motion was seconded by Councilman Cummings, and carried on the following recorded note: 1 L ~~ Council mins. contd. W. A. Larson W. S. 8ummings T. J. McCarthy Billy B. Flint Said agreement, as follows 1 10/15/63 !~ P. M. - aye Eugene L. Nuckols - aye - aye C. B. Gallimore - aye -abstained Glen K. Aust - absent - aye F. L. Carrico - absent THIS AGREEMENT made and entered into this 15th day of October, 1963, by and between Pulaski Business Plaza, Incorporated, a Virginia corporation, party of the first part, W. D. Macgill, Jr. and Eloise B. Macgill, his wife, parties of the second part, and the Town of Pulaski, Virgi nia, a Municipal Corporation, party of the third part. - W I T N E S S E T H- WATER AND SEWER EASEMEN T A GREF MEN"P AT PULASK~I BUSINESS PLAZA L J~ THAT WHEREAS, the parties hereto desire to clarify and define certain mutual rights, easements and interests pertaining to water lines, sewer lines and storm drains which pass through property owned by the parties of the first and second part, at or near the shopping center known as !'The Pulaski Business Plaza" located on Commerce Street in the Town of Pulaski, Virginia; 4 ~~~~5 NOW, THEREFORE, for and in consideration of the premise and the mutual benefits accruing hereunder, and the further consideration of One Dollar ($1.00) paid to the parties of the first and second part by the party of the third part, the parties do agree as follows: 1. The party of the first part grants and conveys unto the party of the third part all of its right, title and interest in the water, sewer and storm drain lines lying on its property as shown on the hereinafter referred to plat, vesting ownership of the same in the party of the third part. The party of the first part further grants unto the party of the third part, an easement over and through its propet~ty for the construction, maintenance, repair and reconstruction of any+ of said lines, said easement to extend five (5) feet in width on each side of said lines except that for the lines located in and under Bowling Court Drive, the easement shall be for the entire sixteen (16) foot width of said Drive, all of said lines being as shown on a plat showing location of water and sewer lines at Pulaski Shopping Plaza, prepared by R. Lloyd Mathews on October 8, 1963, to be recorded cotemporaneously herewith. 2. The parties of the second part grant to the party of the third part an easement over and through the sixteen (16) foot wide strip of land known as Bowling Court Drive for the construction, maintenance, repair and reconstruc- tion of the water, sewer and storm drain lines shown on the aforesaid plat. The parties of the second part further grant to the party of the third part an easement five (5) feet wide on each side of a 15-inch concrete storm drain which passes through property of Eloise B. Macgill lying east of the Pulaski Business Plaza property and extends to a branch, for the construction, maintenance, repair and reconstruction of said storm drain line. 3. The parties of the first and second part further grant to the party of the third part the right to enter upon other lands owned by them for the purpose of ingress and egress to and from the aforesaid lines as may be necessary to construct, maintain, repair or reconstruct any of said lines. ~~~17U Council rains. contd. 10/15/63 1~. The party of the third part releases and ouit- claims unto the party of the first part any rights or ease- ments which it has heretofore acquired by grant, prescription or otherwise for any water or sewer lines running through the property owned by the party of the First part, which are no longer in use. IN WITNESS WHEREOF the parties hereto do set their hands and seals, the President and Secretary of the Pulask Business Plaza, Incorporated, acting pursuant to authority of its board of directors and the Mayor and Clerk of Council of the Town of Pulaski, Virginia, acting pursuant to resolution adopted by the Council of the said Town at its meeting held October 15, 1963. PULASKI BUSINESS PLAZA, INCORPORATED By Thomas J. McCarthy (s)President Seal Attest: Alton I . Crowell (s) Secretary (s) W. D. Madill, Jr. (SEAL) (s) Eloise B. Macgill (SEAL) TOWN OF PULASKI, VIRGINIA By (s) C. V. Jackson, Mayor Attest: (s) Gladys R. Dalton Clerk omitted. Proper acknowledgements bef ore Notary Public, Councilman Gallimore presented, on behalf of a special RECOMMENDED LIST APPROVED FOR SPEC. COMM. FOR GOVERNOR ~ S YOUTH COUNCIL committee, the names of fifteen persons to make up a committee to work with Mrs. H. W. Carson, Jr', a member of the Governors Council for Youth, and made a motion that the list of names be approved, which motion was seconded by Councilman Flint, and carried. Said list of names, as follows: Lawrence A. Roseberry, Chairman; C. L. Whitehurst; Judge Alan D. Groseclose; Rev. John R. Campbell; Mrs. Roswell Seagle; Mrs. A. J. Scheff; Eugene L. Nuckols; Mrs. Peck Baxter; Rev. 0. L. Johnson; Capt. L. M. Bittinger; Dan Rooker; Ralph Deaton; Raymond Ratcliff; James A. Shepherd and Mrs. John E. Sadler. COUNCIL ACCEPTS RECOMMENDATION OF It was the recommendation of the Sewer Committee that SE'nTFR COM'M'ITTEE, RE GROVE DR.-SUTHERLANDthe Town obligate itself to install a sanitary sewer line to the WOODS SEWER LINE Grove Drive-Sutherland Woods areas only after all who signed the TO BE INSTALLED AFTER PAYMENT OF petition had paid for their sewer connection in the sum of $50.00 CONNECTION FEES i 0~~`8"7 Council mins. contd. 10/15/63 1 1 1 in advance, at which time the work would be programmed. Councilman Cummings moved that the recommendation o_f the Sewer Committee be approved, and the motion was seconded by Councilman Larson, and carried unanimously. Town Manager Noland advised there was nothing to report of a concrete nature with reference to the status of the Loving Field Industrial Park situation; that several contacts had been made with various property owners with reference to easements for the sewer line and all had been well received; that it had been learned that the NO CONCRETE DEVELOPNP3NTS permit fee which would be charged by the Highway Department for the wate#~ ON LOVING FD. IND. PARK line would be approximately X75.00. Mr. Noland further stated he hoped ', DEVEL OPMETT TS. HIGHWAY FP,~'• Council would meet with officials of the Virginia Maid Hosiery Mi11s, $75.00 or its attorney, in special session as soon as possible. There being no further business, the meeting adjourned at 5:15 P.Ni, Approved: Attest: .+' t.- .;, er