HomeMy WebLinkAbout04-22-60
Council minutes
Apr~?_ 22, 1960, 1 P. M.
Minutes of a called meeting of the Pulaski Town Council
held on the 2?_nd day of April, 1960, at 1:00 p. .m., in the
Municipal Office.
There were present: Mayor C. V. Jackson, presiding.
Councilmen: T. J. McCarthy, Glen K. Aust, John W. Nash,
J. R. Martin, W. A. Larson, ~ti'. F. White
Absent: F. L. Carrico, W. S. Cummings
Also present: Town Manager: T. B. Noland
Clerk: Gladys R. Dalton
Town Attorney: Garnett S. Moore & Alan Groseclose
Visitors: Barbara Brookfield, reporter for the
Southwest Times
Town Manager Noland gave the invocation.
Mayor Jackson stated the meeting had been called to adopt
a resolution with regards to the legal proceedings in connection
with acquiring right of way for 8oute 19. The Town Attorney proceeded
to explain to Council the contents of the lengthy resolution which
would initiate the necessary court, proceedings.
On motion of W. A. Larson, seconded by 4;. F. Tr~hite,
and carried unanimously, it was resolved that the meeting
be declared to be an executive session. 1rThereupon, the press was
excluded.
After the conclusion of the executive session, on motion
ADOPTION OF
RESOLUTION
PERTAINING TO
CONDEMNATION
SUITS FOR THE
PURPOSE OF ACQUIRING
R/W for ROUTE 99
iNSIDk~ CORPORATE
LIMITS
of W. A. Larson, seconded by T. J. McCarthy, and carried on the
following recorded vote, the following resoliiti.on was adopted:
W. A. Larson - aye Glen K. Aust - aye
W. F. White - aye John W. Nash - not voting
J. R. Martin - aye T. J. McCarthy -aye
F. L. Carrico - absent W. S. Cummings -absent
WHEREAS, the Town of Pulaski, Virginia, a Municipal
Corporation, together with the Commonwealth of Virginia
a.nd the Federal Goverment, proposes to build that certain
tsighway designated as Route}~99 from the corporate limits of
the said Town to a point near Madison Avenue in the Town,
together with channel changes of Peak Creek, under Federal
Aid Urban Project No. 0099-125-070; and
WHEREAS, under the law and regulations controlling
said project the Tunicipality is required to acquire either
by purchase or condemnation all of the necessary land for
right of ways and easements lying within the said Municipality;
and,
~~
1
~' ?~~~
Council rains. contd. April 22, 1960, !~ p, m.
WHEREAS pertaining to the aforesaid project, the Town
of Pulaski, Virginia, has caused to be made by W. Marvin
Board and E. P. tdhitman, two competent appraisers, an appraisal
of the land and an evaluation of the damages to all of the
parcels or residue thereof, deemed necessary for said project
and shown upon the plans provided; and,
WHEREAS, the said Town employed E. 0. King, Jr., as a
negotiator, and he as agent for the Town has contacted owners
of property or easements needed and advised them of the Town's
offer for the purchase of the fee simple title or easement
and payment of any and all damages as valued by the aforesaid
appraisers; and,
WHEREAS, proper notice has been given by the said Town
confirming the offers made by its negotiator. However,
negotiations have been ineffectual in making purchase of
said parcels or tracts of .land or acquiring easements thereon,
or for payment of damages, because of the owners' unwi.llit~g-
ness to sell, grant easements, or accept damages at the
appraised price offered them by said Town; and,
h~iEREAS, the said Tom deems the parcels of land or ease-
ments thereon necessary in order to establish proper right of
way, drains, fills, etc., in the construction of the aforesaid
highway and project as shown on plans filed in the office of the
Town Manager of said Town and hereinafter .listed and set out in
RESOLUTT_OAI detail;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town, meeting on the 22nd day of April, 1960, that:
(1) The Town in consideration of the premises, does
hereby declare that the fee simple title in the aforesaid
parcel or easements thereon is necessary and essential for
the construction of Route #99, including channel change of
Peak Creek, Praject No. 0099-125-070; that its efforts to
acquire said property or easements and pay damages, if any,
therefor have been ineffectual in that said owners are un-
willing and refuse to accept the appraised price offered
for said .land or easement, or damages, as the case may be,
and that by reason of the aforesaid, the Town now deems it
necessary to acquire title or easement by condemnation of
the land of certain owners, and does hereby determine that
the fair value of the land taken or interest therein sought,
and damage done, to be the amount offered and shown in detail
for the respective property owners as fol7.ows:
I; FROM W. EARLY AUST:
Parcel A:
Value of interest, including damages: $12,063.00
Being as shown on plans approved November 6, 1958,
and as added to on August 18, 1959, for Route 99 and Channel
Change, State Highway Project 0099-125-070, and lying on both
sides of the revised centerline from the lands of J. S. Herron
at or near Station 6 + 80 to the northern and western boundary
.line of First Street, N. E., Extended, at or near Station 9 + 88,
and containing .9~ acre, more or less, land.
Parcel B:
Value of interest, including damages: $31,181.00
Being as shown on plans approved November 6, 1958,
and as added to on August 18, 1959, for Route 99 and Channel
Change, State Highway Project 0099-125-070, and lying on both
sides of the revised centerline from the Southern and Eastern
boundary line of First Street, N. E., Extended, at a point
opposite approximate Station 7 + 00 to the lands of E. G. Akers
at a point opposite approximate Station .16 + 27, and contain-
ing 3.06 acres, more or .less, land.
~~~ (~
Council mins. contd/ April 22, 1960, 1 p. m.
Parcel C:
Value of interest, including damages $1.17.00
Being as shown on plans approved November 6, 1958,
for Route 99, State Highway Project 0099-125-070, and
lying on the South right side of the revised centerline
and adjacent to the center of existing Second Street, N. E.,
Extended, from the lands of Mayberry Bui.c:k, Incorporated,
at or near Station 31 + 8g to the lands of E. G. Akers at
or near Station 32 + 95, and containing .0885 acre, more
or less, land, of which .0832 acre is included in existing
right of way and .0053 acre, more or 7_ess, is additional land,
together with the right and easement to use the additional
areas shown as being necessary for the proper execution and
maintenance of the work.
II: FROM E. G. AKERS:
Parcel A:
Value of interest, including damages: $00,379.00
Being as shown on plans approved November 6, 1958, and as
added to on August 18, 1959, for Route 99 and Channel Change,
State Highway Project 0099-.125-070, and lying on both sides of
the revised centerline of said Channel from the .lands of W.
Early Aust at a point opposite approximate Station 15 + 82 to
Rr,SOLUTION the .lands of H. E. Aust and C. A. Aust at a point opposite
approximate Station 18 + 21, aixl containing 1.03 acre, more
or less, land.
Parcel B:
Value of interest, including damages: $2,859.00
Being as shown on plans approved November 6,
1958, for Route 99, State Highway Project 0099-125-070,
and lying on the South right side of the revised centerline
and adjacent to the center of existing Second Street, N. E.,
Extended, from the lands of W. E rly Aust at or near Station
32 + 95 to the lands of John T. White and Dollie P. White at
or near Station 34 + 97, and containing .1530 acre, more or
.less, .land of which .1062 acre is included in existing right
fo way and.0072 acre, more or .less, is additional Land,
together with the right and easement to use the additional
acrea shown as being necessary for the proper execution and
maintenance of the work.
III: FROM HARRY E. AUST AND CHARLES A. RUST:
Parcel A:
Value of interest, including damages: $2,761.00
Being as shown on plans approved November 6, 1958,
and as added to on August 18, 1959, for Route 99 and Channel
Change, State Highway Project 0099-125-070, and lying on both
sides of the revised centerline of said Channel from the lands
of E. G. Akers to a point opposite approximate Station._17 + 87
to the Western .line of Bell AvenuF at a point opposite approxi-
mate Station .19 + 61, and containing .1i7 acre, more or .less,
land .
1
i
Council rains. contd.
4~
April 22, 1960, 1 P. M. °~ ~'` ~ `" ~,
Parcel B:
Value of interest including damages: $2,170.00
Being as shown on plans approved November 6, .1958,
and as added to on August 18, 1959, for Route 99 and Channel
Change, State Highway Project 0099-125-070, and .lying on
both sides of the revised centerline of said Channel from
the Eastern line of Bell Avenue at a point opposite approximate
Station 19 + It6 to the western line of Bell Avenue opposite
approximate Station 21 + 90, and containing .6. acre, more
or less, land.
Parcel C:
Value of interest, including damages: $1,675.00
Being as shown on plans approved November 6, 1.958,
and as added to on August 18, 1959, for Route 99 and Channel
Change, State Highway Project 0099-125-070, and lying on
both sides of the revised centerline of said Channel from
the Eastern line of Bell Avenue at a point opposite
approximate Station 20 + 95 to the lands of Allied Chemical
and Dye Corporation at a point opposite approximate Station
21~ + 60, and containing .67 acre, more or less land.
Parcel D:
Value of interest, including damages: $x,526.66
Being as shown on p1_ans approved November 6, 1958,
for Route 99, State Highway Project 0099-125-070, and
lying on the South right side of the revised centerline
and adjacent to the center of existing °econd Street, Pd.E.,
Extended, from Be11 Avenue at or near Station 35 + 90, to the
lands of Allied Chemical and Dye Corporation to a point
opposite approximate Station 36 + 60, and containing .0681
acre, more or less, land, of which .026 acre is included in
existing right of way, and 0l~21.~ acre, more or less, is
RESOLUTION additional land, together with the right and easement to use
the additional acres shown as being necessary for the proper
execution and maintenance of the work.
IV: FROM HEIRS OF C. P. HAWI,EY:
Value of Interest, including damages: $23.00
Being as shown on plans approved November 6, 1958,
and as added to on August 18, 1959, for Route 99 and Channel
Change, and lying on the South right side of the revised
centerline of said Channel from a point opposite approximate
Station 3 + 60 to the lands of J. S. Herron and Salona D.
Herron, at a point opposite approximate Station 3 + 75,
and containing; .0023 acre, more or less, land.
V: FROM F~RP~IAN E. JONES, SR.:
Parcel A:
Value of interest, including damages: $22.50
Being as shown on plans approved November 6, 1958,
for Route 99, State Highwa~r Project 0099-125-070, and lying
on the North left side of the revised centerline from the
lands of Lon S. Blusher and Pearl V. Blusher at or near
Station !~6 + 22 to t~?alnut Avenue at. or near Station 1,.6 + 72,
and containing .0372 acre, more or less, land, of which
.03~a1, acre is included in existing right of way and .0028 acre,
more or .less, is additional land; together with the right
a.nd easement to use the additional areas shown as being
necessary for the ~rork.
3~9
Council minx. cont'd April ?_2, 1960, 1 P. M.
Parcel B:
Value of interest, including damages: $17.50
Being as sho?an on plans approved November 6, 195,
for Route 99, State Highway Project 0099-7.25-070, and
lying on the North left side of the revised centerline
from the lands of George R. Thornton at or near Station
~8 + 32 to the 1a.nds of Garnett S. N!oore at or near Station
~i9 + 32, and containing .0688 acre, more or loss, land,
a.ll_ of which ,: s incl.?~r'ed n existing right of way; to-
gether wi+.h the r~_?ht and easement to use the :additional areas shown
as being necessary for the proper execution and mai.nten~nce=
of the work .
VI :: FROM WII~LIAI~I H. POT~JERS
Value of interest, including damages: X97.00
Being as shown on plans approved November 6, 1958,
for Route 99, State Highway Project 0099-125-070, and
.lying on the North left side of the revised centerline
and adjacent to the center of existing Third Street, N. F.,
from the lands of E. °. j~dhitman and Robert ''. ti°Thitman, at
or near Stag on 56 + 52 to the .lands of D. R. Pike at or
near Station 57 + 02, and containing .031_,5 acre, 7.and, a17.
of which i_s included in existing right of way, together with the
Rr"SOLUTION right and easement to use the additional areas shown as being
necessary for the proper execution and maintenance of the work.
VII: FROM aI:ICE B, t-~TF'BB:
Value of interest, including damages: ~5?_0.00
Being as sho?~an on plans approved November 6, 1958,
for Route 99, State Highway Project 0099-125-070, and
lying on the North left side of the revised centerline from
lands of J. C. Wallace or Hicl~ory street right of way a.t or
near Station 25 + 5?; to the lands of FoY Aust opposite
approximate Station 2.5 + B6 and containing .0~. acre, more
or less, land; together with the ri_~ht and easement to use
the additional areas shown as being necessary for the proper
execution and .maintenance of the work.
VIII: FROM D. ROBIIEY WOOD, Trustee for Charles Edwin
McKenzie and Donald Keith McKenzie:
Value of interest, includ;.n# damages: X2,177.00
Being as shown on plans approved November 6, 1958,
for Route 99, State Highwa~r Project 0099-125-070, and
lying on the North a_eft side of the revised centerline
from lands of Glen Ke11y Aust and Peggy :W. Aust at or near
Station 27 + 32_ to the lands of G1 en Kelly Aust at or near
Station 28 + 08, a.nd containing .0689 acre, more or less,
land of which .0362 acre is included in existing right of
way, and .0327 acre, more or less, is additional land;
together with the right and easement to use the additional
acres shown as being necessary for the proper execution and
maintenance of the work.
;~ n
e
~.~_ ~t)
Council mi ns. contd. ~'~pr. 22_, 1960, 7_:00 P. rI.
T_X• FROIvI Eloise B. NIACGILL, FMMA ?'1. DUNLAP AND MARY ti^J. rMITH:
Va7_ue of interest, including damages: $11?_,(~
1
RF~S OLUTI ON
1
Being as shown on plans approved November 6, 1958,
for Route 99, State Highway Project 0099-125-070, and .hying on
both sides of the revised centerline from the .lands of J. C.
Wallace, Jr., ar or near Station 22_ + 97 to other lands of
J. C. ?a'allace, Jr., at or near Station 2~a + 29, and contain-
ing .163 acre, more or .less, land, together with the right and
easement to use the additional areas shoUm as being necessar~~
for the proper execution and ma.ntenance of the work.
(2) The Town Attorney, Garnett S. Moore, a.nd such other
persons as he deems necessary to asociate with him, are hereby
authorized and directed to proceed immediately to file petition
for condemnation for the fee simple title in and to the aforesaid
property, or for easements thereon as the case may be, or payment
of damage, if any, to the residue, or adjacent property, and to take
any and all other steps necessary, including the authorization and
direction to the certificates, taking title, and to pay into court
the amount the Town estimates to be the fair value of the land
taken or interest therein sought, and damage done, said amount
being the same as heretofore specificall.,y shown in this resolution
or in resolutions heretofore adopted pertaining to this project,
for the named respective owners therein shown, and further to take
title to said land, to enter upon and take possession of such property
and right of way for the purpose of the construction of Route #99,
Protect No. 0099-125-070, as authorized under the charter and
ordinances of the said Town and the general law of the Commonwealth
of Vi.r~i nia made and provided, a.nd to carry these proceedings to a
conclusion under the rights of Eminent Domain given unto the said
Town by the Constitution and General Laws of Virginia, or the
provisions of its Charter, and to do any and all other things
that are necessary to secure the fee simple title or easements to
said parcels of land,. and he is further directed to sign the name
of said Town as its Attorney to any necessary pleadings.
(3) The Mayor and the Clerk are directed to execute
any certificate taking title, to certify resolutions or records
pertaining; to this project, and to do all other things necessary
in these proceedings.
(-~) The Treasurer or other proper officials of said
Town are directed to pay into Court, or as may be directed by said
Court or the Attorney for the Town, such sums as are reouired
in the procedure of filing certificates, by awards to the respective
land owners for property taken, for easements or for damage, if any,
to the residue or adjacent property, plus any other necessary costs
for carrying on the proceedings.
The meeting adjourned at 2:~5 p. m.
1
Approved:
ayor
r
ATTF T:
-,
,.1~.~
erk