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HomeMy WebLinkAboutCouncil Actions 11-21-88REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL November 21, 1988 2:00 p.m. AGENDA FOR THE COUNCIL (293741 CaII to Order -- Roll Call. AlI Pr~ent. The invocatio~ wi~i be delivered by The Reverend Ethel Eaves, Associate Pastor] Pilgrim Baptist Church, Roanoke, Virginia· Pr~en~ The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor· CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Monday, August 8, 1988. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 A communication from Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board, transmitting a certified copy of the abstract of votes cast in the General and Special Election held in the City of Roanoke on November 8, 1988. RECOMMENDED ACTION: Receive and file. C-3 A corrgnunication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, cor~nissions and cam- ~ mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. *Requ~t of Counc~ Membe~ Jam~ 0. Trout for an Executive S~sion reg~ding dis- position of publicly h~d property, pursuant to Section 2.1-344 (a) 13], Code of Virgi,ia (1950), as amended. (1) C-5 Qualification of Mr. Ronald M. City of Roanoke Transportation Safety four years, ending October 31, 1992. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Margaret R. Roanoke Civic Center Commission for ending September 30, 1991. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Sharp as a member of the Commission for a term of Baker as a member of the a term of three years, Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to the Social Services funding shortfall. Received and fi~ed. Items Recommended for Action: A report recommending that permission be granted to Colonial American National Bank to decorate trees in Colonial Plaza, for the period November 24, 1988, through January 15, 1989. Adopted R~olution No. 29374. 3. A report recommending that permission be granted to Blue Cross Blue Shield of Virginia to decorate the Linden trees in Key Plaza, for the period November 24, 1988, through January 15, 1989. Adopted R~o£~on No. 29375. (7-0) 4. A report with regard to replacement of property subject to reversion clause from property deeded by the City to the Roanoke Regianal Airport Co~ission. Adopted Ordnance No. 29376 on f~t reading. (7-0) A report with regard to appropriation of funds for eco- nomic development purposes. Adopted Ordnance No. 29377. Reports of Co--itt,es: None. Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: (2) be 10. Ordinance No. 29365, on second reading, permanently vacating, discontinuing and closing a two foot by one hundred thirty-five foot strip of Walnut Avenue, S. W., running alongside parcels bearing Of.ficiaI Tax Nos. 1131101 and 1131102. Adopted Ordinance No. 29365. (7-0) Ordinance No. 29366, on second reading, permanently vacating, discontinuing and closing the remaining sections of three undeveloped alleys adjacent to Wise Avenue and Campbell Avenue, S. E., in Block 2, as shown on City Official AppraisaI Map Sheet No. 411, situaied between and abutting Official Tax Nos. 4110404 through 4110410, inclusive. Adopted 0~dinance No. 29366. (7-0) Ordinance No. 29367, on second reading, permanently vacating, discontinuing and closing an irregularly shaped alley, extending in an easterly direction from First Street, N. W., running between Lots 10 and 11, Block 9, Official Survey Sheet Northwest i, Official Tax Nos. 2013011 and 2013012, in the Gainsboro Neighborhood Development Project· Adopted Ordinance No. 29367. d. Ordinance No. 29368, on second reading, rezoning property located at 508 Gus Nicks Boulevard, N. E., containing 0.17 acre, more or less, designated as Official Tax No. 3321010, from RM-1, Residential Multi-Family, Low Density District, to CN, Neighborhood Commercial District, subject to certain proferred conditions· Adopted Ordinance No. 29368. (7-0) e. Ordinance No. 29372, on second' reading, authorizing the execution of certain documents relating to the purchase and exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. Adopted Ordinance No. 29372. {4~3, Council~lembers M~ser and Trout voting No, f. An Ordinance to amend and reordain certain sections of the !988-89 General and Capital Fund Appropriations, to provide for an appropriation of funds to complete the Trinkle buildings sale~transfer~lease back transaction. Adopted Ordinance No. 29378 on first reading. 14-3, Council Membe~ ~I~s~ and ~otions and Miscellaneous Business: ! Trout voting No, Coun~l Member Bow~ abst~ned from voting. ) a. Inquiries and/or corr~ents by the Mayor and members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: e. Coun~l Membe~ Bow~ abst~ned from voting. Reelected the following p~So~: Ms. Lois E~y Advisory Bo~d of Human ResourceS Mr. Stephen A. MancuSo- City of Roanoke Transportation Safety Commission (3) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE C~ce of ,'he 0~,' Clerk November 23, 1988 File #40 ~r. Alton B. Prittaman, Secretary Roanoke City Etectora! ~oard P. O. Box 2865 Roanoke, Virginia 24001 Dear Mr. Prittaman: Your communication transmitting a certified copy of the abstract of votes cast in the General and Special Election held in the City of Roanoke on November 8, 1988, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 1988. On motion, duly seconded and unanimously adopted, the com- munication was received and filed. Sincerely, ~ Mary F. Parker, CMC City C~erk MFP:ra pc: Ms. Audrey Franklin, Registrar Room 456 Municipc~l Building 215 Church Avenue SW Roanoke '~rg~nia 24011 (703) 981-2541 EI,ECTORAL P, OAR D NEIBA C. PIRKEY, (hairTnarl CHARLES 1. GREEN, Vice {~-,a~rman ALTON [~,, PRIILA#AN, Secretary November 10, 1988 Mrs. Mary F. Parker City Clerk Municipal Building Roanoke, Virginia 24011 Dear Mrs. Parker: Pursuant to Section 24.1-150 of the Code of Virginia, attached are certified copies of the abstract of votes cast in the General and Special Election held in the City of Roanoke on November 8, 1988. Yours very truly, Alton B. Prillaman, Secretary Roanoke City Electoral Board Attachments (4) tBSTRACT OF VOTES cart in the ~mm~/Ci~y of Roanoke · Virginia for Electors for President and Vice President of the United States, at the general election held November 8, 1988. THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS: Democratic Party for Electors for Mlchnel S. Dukakb, President and Lloyd ~entsen, Vice President C. Flippo Hick~ C. Roger Malbon Rosalie H. Clark Frank O. Bateman, Jr. Patrick W. Ephriam Gloria K. W'dson Miller Henry Lee Caner Thomas D. "Tod" O'Connor Samuel S. v~rdlis Anne A. WilkJns Deirdre Sigmnnd Goldsmith Eamestine H. Clark Totul ~ RKeivea 17,185 (i~ Republican Party for Electors for George Bush, President and l~n Quayle, Vice President Garland L. Bigley W. Edgar Trent John G. Selph John T. Eancs Craig C. Markva eoy ~. sm~ Enid H. Neill Melvin M. Spence Geoffrey H. "Jeff" Applegate V'mcent F. Csllnl~n, .Ir. Helen Marie Taylor Carl D. Bieber ToUa Vo~m R~vea 15.389 (i~ figures) Independent for Electors for I~norn B. Fulnnl, President and Joyee i)atmer, Vice President Bruce A. McConachie Frank Record Jennings Gem'ude Carr Glenn Kirby Moseley Robert Donald Biggs Gayle C. Stoner Melissa Ann ~.te~n David Barr/ngton Holt Susan A. Scho~ Rnnne D. Harrison John R. Botman Susan T. Bray ~ 'ebbs R~eived ] 32 Libertarian Party for Electors for Ron Paul, President and Andr~ Marrou, Vice President Harry E. W'mkier Michael L. Tabony Alan R. Hock Stewart L. Entel David Alan Home Roger C. Menner Warren C. Moore David W. Saum Richard E. Oardiner Lorin Marc Montoni Lynn 5. Hms~rd Charles Sco~ Bailey To~ul ~ R~qvea 107 (in figures) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir- cuit Court of the election on November 8, 1988, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Electors for President and Vice President. Given under our hand this A copy teste: tenth day of November, 1988. Secretary ABSTRACT OF VOTES cast in the ~trgr2~City of Roanoke a' the General Election held the first Tuesday after the first Monday in November· 1988 · Virginia, MEMBER UNITED STATES SENATE Received Names of Candidates (In Figut¢~) Charles S. Robb 24,448 Maurice A. Dawkins 6,872 Billy Eli Fishpaw l Noel Taylor 1 We, the undersigned Electoral Board, upon examination of the official records deposited in the office of the Clerk of the Circuit Court of the election held on November ~ ,19~1 , do hereby certify that the above is a true and correct Abstract of Votes cast at said Election for a Member of the Senate in the Congress of the United States. Given under our hands this tenth ELECTORAL BOARD day of November, 1988 Chairman .Vice Chairman Secretary Secretary, Electoral Board AB~TRACT OF VOTES cast in the ~tvet~l/City of Roanoke , Virginia, at the General Election held the first Tuesday after the first Monday in November, 19 88 , for MEMBER HOUSE OF REPRESENTATIVES Sixth DISTRICT Names of Candidates James R. "Jim" Olin Charles E. Judd Total Votes Received On Figures) 23,701 7,227 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November. 8 ,1988 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this tenth copy teste: day of November, 19 88 Chairman If ice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the.C~City of at the Special Election held on November 8, 1988 for Roanoke Virginia, PARI-MUTUEL BETTING QUESTION: Shall the 1988 Act of the General Assembly which authorizes pari-mutuel betting on home racing and also provides for its regulation become effective in the Commonwealth? YES 15.194 NO 15.044 We, the undersigned Eleetoral Board, upon examination of the official records deposi- ted in the office of the Clerk of the Circuit Corot of the election held on November 8, 1988, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against pari-mutuel betting on horse racing in the Commonwealth of Virginia. Given under our hands this tenth day of November, 1988. . / Chairman Vice Chairman Secretary A copy teste: Secretary, Electoral Board O~ce of ~ne November 21, 1988 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, corr~issions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Mayor NCT:se Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginka 24011 C703) 981-2444 Of'rice of the City Clerk November 23, 1988 Fi le #15-20 Mr. Robert K. Rengston, Chairman City of Roanoke T~ansportation Safety Commission Roanoke, Virginia Dear Mr. Bengston: This is to advise you that Mr. Ronald M. Sharp has qualified as a member of the City of Roanoke Transportation Safety Commission for a term of four years, ending October 31, 1992. Sincerely, //~ Mary F. Parker, CMC City Clerk MFP:pa Room 456 Municipal Building 215 Church Avenue SW Roanoke ~rg~nia 240'~1 (703) 981-2541 0-2 Oath or Affirmation 6~f Office Stat~ o] Vieginia, Oit~t oI Roanoke, to .wit: I, "a~'?'" '~' q~a~' ., do ~lemnly swear (or ~) I w~l sup~rt the Constitution of the United S~tes, and the Constitution of the State of Virginia, and that I wHl faithfully and impa~ially discharge and ~rform all the duties incumbent u~n me as according to the best of my ability. So help me God. Subscribed and sworu to before me, this Office of the City Cler~ October 19, 1988 File #15-20 Mr. Ronald M. Sharp 414 Rragona Drive Vinton, Virginia 24179 Dear Mr. Sharp: At a regular meeting of the Coancil of the City of Roanoke held on Monday, October 17, 1988, you were reelected as a member of the City of Roanoke Transportation Safety Commission for a term of four years, ending October 31, 1992. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the tlIird floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the ~lunicipal ~uilding prior to serving in the capacity to which you were reelected. ~'-~ ~'Sincerely' ~~ Mary F. Parker, CMC City Clerk MFP: ra Enco pc; Mr. Robert K. Bengtson, Chairman, Transportation Safety Comm issian City of Roanoke COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Wary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of the Council held on the 17th day of October, 1985, RONALD M. Si{ARP was reappointed as a member of the City of Roanoke Transportation Safety Commission, for a term of four years, ending October 31, 1992. Given under my hand and the Seal of the City of Roanoke this 19th day of October, 1988. City Clerk Office of the City Cle~ November 23, 1988 File #15-192 ~{r. John W. Lambert, Chai'man Roanoke Civic Center Convnission 3613 Three Chop Lane, S. W. Roanoke, Virginia 24014 Dear Mr. Lambert: This is to advise you that ~s. Margaret a member of the .Roanoke Civic Center three years, ending September 30, 1991. R. Baker has qualified as Cort~nission for a term of Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Bob ~. Chapman, Manager, Civic Facilities D, oom456 MunicipalBuildincj 215 (~urch Avenue SW Roanoke ~rg~nla24011 (703) 981-254t 0-2 Oath or Affirmation of Office 8ta$~ o~ Virginia, Uit~l o~ Roanoke, to.~t: ~;~,.~ ~ do ~lemnly swear (or I w~l aup~ the Uonstitution of the United S~tes, and the ~onstitution of the State of Virginia, and that I w~l faithfnlly and impa~ially discharge and ~orm all the duties incumbent upon me aa Subscribed and sworn to before me, this,_-'~X~ ~ .dkJg of,._ .~ ~; . ,./~\,_ ,.~.~ ?). ~<~%%--'L~eputy Clerk Office of the City Cte~ October 12, 1988 File #15-192 Ms. Margaret R. Baker 2140 Windsor Avenue, S. W. Roanoke, Virginia 24015 Dear ~ls. Baker: At a regular meeting of the Council of the City of Roanoke held on Monday, October 10, 1988, you were reelected as a member of the Roanoke Civic Center Commission for a term of three' years, ending September 30, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which ,nay be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the · third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Municipal Building were reelected. copy of the Oath of Office to Room 456 in the prior to serving in the capacity to which you Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eno. pc: Mr. John W. Lambert, Jr., Chairman, Roanoke Civic Center Corr~ission, 3613 Three Chop Lane, S. W., Roanoke, Virginia 24014 Ur. Bob E. Chapman, Manager, Civic Facilities 456 ,,% ~lc,~,:l ~mlO~;',g 21~, Chulch Avenue SW Ro~no~,e ¥]r~nio 24/]t I (703) 981-2,.~41 COMMONWEALTH OF VIRGINIA ) ) To-wi t: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 10th day of October, 1988, MARGARET R. BAKER was reelected a member of the Roanoke Civic Center Commission for a term of three years, ending September 30, 1991. Given under my hand and the Seal of the City of Roanoke this 12th day of October, 1988. City Clerk November 21, 1988 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: SOCIAL SERVICES FUNDING SHORTFALL I. BACKGROUND Federal Social Services Block Grant (Title XX) allocated to States for the purpose of administration of and purchase of Services such as Foster Care, Day Care, Residential Treatment, etc. received a 25% reduction in 1981 and has had a zero growth since then. B. The actual amount of Social Services Block Grant funds received have had a diminishing value because costs of mandated Services have increased over the last seven years by 25 percent. Co The City has adjusted to that reduction by eliminating optional Services and by reducing staff positions. Non-mandated Services that have been dropped are as follows: 1. Pa.yments for certain mentally retarded citizens to participate in sheltered workshops. 2. Payments for Companion Services for certain elderly and disabled citizens to help them maintain their own homes. Pa.yments for Day Care for Children of working parents who were at the poverty level, but were working towards self- sufficiency. II. CURRENT SITUATION For fiscal year 1988/89, the State has not allocated sufficient funds to Roanoke City to cover the cost of the Foster Care Services purchased for children in the custody of the City. Based on the amount allocated on July 1, 1988, the State revenue shortfall will be $138~6§2. Additional budget shortfall has been compounded by the net gain of children committed to Roanoke City by the Courts for Foster Care placement Services. 1. Net gain in number of children so far in 1988 is 6_~7. Page Two 2o Additional City and State dollars needed for these court-assigned children's services is $185r000~ 50% of this total, or $92,500, should be the level of State reimbursement. 3. If the State does not cover its share of this additional increase (50%) in costs, then the City will be requested to cover 100% of the total increase, or $185,000. Total revenue shortfall for Foster Care could be as high as $323r662 for FY 1988/89. In addition to the issue of Foster Care funds, there is also a revenue shortfall of Administrative funds for the Benefit Programs, i.e., Aid to Dependent Children, Food Stamps, Medicaid, etc. 1. City Council approved City budget for Administration of Benefit Programs .......................... $2,493~574. 2. Total amount allocated by State for Benefit Pro,rams after adoption of City budget .... $2,218~816. Additional City and State dollars needed for Administration of Benefit Programs (80% of this total, or $219,806, should be the level of State reimbursement) ............................ $ 274r758. E. Total revenue shortfall for Administration of Benefit Programs could be as high as $274,758 for FY 88/89. Total revenue shortfall for all Social Services pro,rams could be as high as $598,420 for FY 88/89. The Social Services Department has taken steps in the Administration of Benefits Program to reduce the deficit: 1. Terminated 5 temporary positions for a cost savings of $55,000. Placed a freeze on filling positions except for Intake Workers. Savings will depend on vacancies that occur. Projection of personnel lapse - $20~000. To cover the additional deficit of $199r758, in the Administration of Benefits Program would require terminating 20 staff positions for the last six months of this Fiscal Year out of a staff of 51. 4. Reduction of staff would have a devastating effect on programs. Page Three Applications for public assistance are required by Federal rules to be acted on within 30 days, producing a check written in 45 days if client is eligible. Reviews of ongoing payments must be made in a timely fashion. Payments not reviewed and later found to be not accurate are charged back to the City at 100% local cost. Penalties for these errors could be greater than the deficit if staff is reduced and the reviews are not done. Also, the City is responsible for purchasing Foster Care placement for children found in need of such services by the Court. The 3udges have been apprised of the funding problems. To eliminate the deficit in Foster Care, totaling $323,662 would require terminating 15 Social Worker positions. 2. Terminating 15 Social Worker positions is equivalent to the total staff of Foster Care Workers. The problem of funding is Statewide, with varying degrees of deficits in other localities. There is a concerted effort being initiated by Local Boards of Social Services across the State to appeal to the General Assembly to restore the necessary funds. The dilemma for the City is whether or not to reduce the delivery of services to the State approved funding level. The decision to reduce staff to the degree of the deficit would reduce the effectiveness of the programs leaving the City vulnerable to legal violations. a. Reductions in Benefit Programs would equate to 20 employees. b. Reductions in the Services Programs would equate to 15 employees. 2o The decision to wait on the actions of the General Assembly will place the City in a position of not knowing what the solution may be until very late in the budget year. If the General Assembly chooses not to appropriate funds to cover the deficit and the City has waited on that decision, then the City has no time left to deal with the deficit in any manageable way. Page Four If the City decides to reduce staff now, thereby placing the City in a vulnerable position and the General Assembly appropriates funds to cover the deficit, the City will not be able to recoup the losses experienced before grave damage is done to delivery of mandated services. III. PLAN OF ACTION City Council has the issue of State funding for mandated programs in the City's legislative package. It is recon~nended this item continue to be stressed to our legislators. B. The Administration will delay all expenditures possible until the General Assembly meets and addresses this problem. If The General Assembly does not approve additional funding, the Administration will be prepared to present a list of program reductions and budget adjustments to be made to balance the budget. D. City Council will receive a definite recommendation regarding this issue no later than February 15, 1989. W]RH/CBG/tei Respectfully submitted, W. Robert Herbert City Manager CC Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent, Social Services Office of the City Cier~ November 23, 1988 File #169 Ms. Lana S. McCutloch Administrative Assistant Property Management Colonial American National Bank P. 0. Box 13888 Roanoke, Virginia 24038 Dear Ms. McCutIoch: I am enclosing four copies of Resolution No. 29374, authorizing a revocable permit to Colonial American National Bank for the attachment or installation of certain hotiday decorations to cer- tain City-owned trees in Colonial Plaza, upon certain terms and conditions, which Resolution No. 29374 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 1988. Please sign and retlirn three copies of Resolution No. 29374 to the City Cierk's Office, Room 456. Municipa! Building, Roanoke, Virginia 24011. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. W. Robert Mr. William F. Herbert, Clark, City Manager Director of Public Works Roorn456 Municipol[~uitdincj 215 Church Avenue SW Roanoke Virg~nia24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29374. A RESOLUTION authorizing a revocable permit to Colonial American National Rank for the attachment or installation of certain holiday decorations to certain City-owned trees in Colonial Plaza; upon certain terms and conditions. WHEREAS, Colonial American National Bank (hereinafter "Per- mittee") has requested that City Council authorize Permittee to attach or install certain holiday decorations on certain City- owned trees in Colonial Plaza; WHEREAS, Council is desirous of granting the request of Per- mittee pursuant to certain terms and conditions; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Permittee to attach, in- stall and maintain certain holiday decorations in or on City trees in Colonial Plaza adjacent to Permittee's property, pursuant to the following terms and conditions: (a) (b) Such permit shall be revocable and shall be effective, upon Permittee's compliance with Paragraph 2 hereof, from November 24, 1988, through January 15, 1989; Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, grow- ing out of or directly or indirectly resulting from the permission herein granted; (c) (d) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, provid- ing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; Permittee shall not install or attach any object any City-owned tree or shrub other than those covered by this permit; to (e) The City shall incur no cost as a result of grant of this permit; and (f) Permittee shall give notice to the City's Director of Public Works prior to entry on City property for installation and maintenance of such holiday decorations; 2. This permit shall be in full force and effect at such time as a copy of this Resolution, duly signed, sealed, attested and acknowledged by Permittee has been filed in the Office of the City Clerk. ATTEST: City Clerk. ACCEPTED and EXECUTED by , 1988. ATTEST: the undersigned this__day of COLONIAL AMERICAN NATIONAL BANK By (titie) - 2 - Roanoke, Virginia November 21, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: SUBJECT: Colonial American National Bank Permit Request I. Background: Ao City Council annually grants permit requests for the installation of holiday decorations on City-owned light standards and other facilities, including trees located in the downtown business district. II. Current Situation: Colonial American National Bank has requested permission to decorate the trees in Colonial Plaza for the period November 24, 1988 through January 15, 1989. III. Issues: A. Authority for Approval. B. Permit Requirements. IV. Alternatives: Ao City Council grant Colonial American National Bank permission to decorate the trees in Colonial Plaza for the period November 24, 1988 through January 15, 1989. Authority for approval or denial is solely City Council's. 2. Permit requirements are as follows: Colonial American National Bank obtain individual or company to install and remove decorations. Cost of installing and removing decorations will be the responsibility of Colonial American National Bank. Mayor Taylor and Council Members Page 2 Co Indemnification - Colonial American National Bank has agreed to provide liability insurance, naming the City as an additional insured, providing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; and to indemnify, keep, and hold the City harmless from liability on account of injuries or damages directly or indirectly resulting from the permission herein granted. Bo City Council deny the request of Colonial American National Bank. Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. V. Recommendation is that City Council approve Alternative "A", and Adopt appropriate measure, as prepared by the City Attorney, granting permission to Colonial American National Bank to decorate the trees in Colonial Plaza. Respectfully submitted City Manager WRH:WFC:pr pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Director of Administration and Public Safety Ms. Lana S. McCulloch, Administrative Assistant, Property Management, Colonial American National Bank P.O. Box 13888, Roanoke, Virginia 24038 COLONIAL AMERICAN NATIONAL BANK November 11, 1988 Mr. William F. Clark Director of Public Works, City of Roanoke 215 Church Avenue S. W., Room 354 Roanoke,Virginia 24011 Dear Mr. Clark: Once again, we would like permission to decorate the trees on Franklin Road and Jefferson Street surrounding the Colonial Plaza building. As in previous years, we plan to have the lights operational by the day after Thanksgiving. Thank you for your help and we look forward to hearing from you soon. Cordially, Administrative Assistant Property Management P.O. BOX 13888 ROANOKE. VIRGINIA 24038 (703) 982-3000 Or, ce of the CiW Cle~ November 23, 1988 File #169-501 Ms. Lisa R. Clark Contract Services Administrator Blue Cross Blue Shield P. 0. Box 13047 Roanoke, Virginia 24045 Dear Ms. Clark: I am enclosing four copies of Resolution No. 29375, authorizing a revocable permit to Blue Cross Blue Shield of Virginia for the attachment or instatiation of certain hoiiday decorations to cer- tain City-owned trees in Key Plaza, upon certain terms and con- ditions, which Resolution No. 29375 was adopted by the Council of the City of Roanoke at a reg~iiar meeting held on Monday, November 21, 1988. Please sign and return three copies of Resolution No. 29375 to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Sincerely, / .? Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Mr. W. Robert Herbert, City Manager William F. Clark, Director of Public Works ~m 456 Municipal Buildin9 215 Cr~urch Avenue SW ~nol~e Virginia 2401t (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, The 21st day of November, 1988. No. 29375. VIRGINIA, A RESOLUTION authorizing a revocable permit to Blue Cross Blue Shield of Virginia for the attachment or installation of certain holiday decorations to certain City-owned trees in Key Plaza; upon certain terms and conditions. WHEREAS, Blue Cross Blue Shield of Virginia (hereinafter "Per- mittee") has requested that City Council authorize Permittee to attach or install certain holiday decorations on certain City- owned trees in Key Plaza; WHEREAS, Council is desirous of granting the request of Per- mittee pursuant to certain terms and conditions; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Permittee to attach, in- stall and maintain certain holiday decorations in or on City trees in Key Plaza adjacent to Permittee's property, pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective, upon Permittee's compliance with Paragraph 2 hereof, from November 24, 1988, through January 15, 1989; (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, grow- ing out of or directly or indirectly resulting from the permission herein granted; (c) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, provid- ing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; (d) Permittee shall not install or attach any object any City-owned tree or shrub other than those covered by this permit; to (e) The City shall incur no cost as a result of grant of this permit; and (f) Permittee shall give notice to the City's Director of Public Works prior to entry on City property for installation and maintenance of such holiday decorations; 2. This permit shall be in full force and effect at such time as a copy of this Resolution, duly signed, sealed, attested and acknowledged by Permittee has been filed in the Office of the City Clerk. ATTEST: City Clerk. ACCEPTED and EXECUTED by , 1988. the undersigned this day of BLUE CROSS BLUE SHIELD OF VIRGINIA ATTEST: By (title) - 2 - k gi Roano e, Vir nia November 21, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: SUBJECT: Blue Cross Blue Shield of Virginia Permit Request I. Background: City Council annually grants permit requests for the installation of holiday decorations on City-owned light standards and other facilities, including trees located in the downtown business district. II. Current Situation: Blue Cross Blue Shield of Virginia has requested permission to decorate the Linden trees in Key Plaza from November 24, 1988 through Janaury 15, 1989. III. Issues: A. Authority for Approval. B. Permit Requirements. IV. Alternatives: mo City Council grant Blue Cross Blue Shield of Virginia permission to decorate the Linden trees in Key Plaza for the period November 24, 1988 through January 15, 1989. Authority for approval or denial is solely City Council's. 2. Permit requirements are as follows: Blue Cross Blue Shield of Virginia obtain individual or company to install and remove decorations. bo Cost of installing and removing decorations will be the responsibility of Blue Cross Blue Shield of Virginia. Mayor Taylor and Council Members Page 2 Indemnification - Blue Cross Blue Shield of Virginia has agreed to provide liability insurance, naming the City as an additional insured, providing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; and to indemnify, keep, and hold the City harmless from liability on account of injuries or damages directly or indirectly resulting from the permission herein granted. City Council deny the request of Blue Cross Blue Shield of Virginia. Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. V. Recommendation is that City Council approve Alternative "A", and mo Adopt appropriate measure, as prepared by the City Attorney, granting permission to Blue Cross Blue Shield of Virginia to decorate the Linden trees in Key Plaza. Respectfully submitted W. Robert Herbert City Manager WRH:WFC:pr pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Director of Administration and Public Safety Ms. Lisa R. Clark, Contract Service Administrator, Blue Cross Blue Shield of Virginia, P.O. Box 1307, Roanoke, Virginia 24045 P O. Box 13047 Roanoke, Virginia 24045 (703) 985-5000 November 11, 1988 Mr. William Clark Director of Public Works City of Roanoke 1802 Courtland Road N.E. Roanoke, Va. 24012 Dear Mr. Clark: Blue Cross Blue Shield of Virginia requests permission to decorate the trees on Key Plaza for the Christmas season. The trees will be decorated in the same manner as on Colonial Plaza across the street. Thank you for your time and consideration. Sincerely, Lisa R. Clark Contract Services Administrator LRC:mk Govemment and Individual Business Center CY~ce of the City Clerk November 23, 1988 File #60-450-200-236 Mr. Joel M. Sch~anger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29377, amending and reor- daining certain sections of the 1988-89 General and Capital Funds Appropriations, providing for the transfer of $68,829.00 from the fiscat year 1989 Capital Eouipment and Replacement Program to the Capital Projects Fund, to be appropriated to an Economic Development Reserve Account, which Ordinance No. 29377 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 1988. Sincerely, Mary F. Parker, C~C City Clerk MFP:ra pc: Mr. W. Robert Herbert, Mr. Brian J. Wishneff, City Manager Chief of Economic Development Room 456 Municipal Buildin~ 215 Church Avenue SW Roanoke ~rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 1988. No. 29377. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ....................... Fund Balance Capital Maintenance Equipment & Equipment Replace- ment Program - City Unappropriated Capital Fund Appropriations $11,384,445 9,543,297 (2) ............ $ 3,330,406 Capital Improvement Reserve Capital Improvement Reserve - Economic Development (001-004-9310-9508) $ 68,829 (001-3332) (68,829) (008-052-9575-9178) 68,829 1) Transfer to Capital Fund 2) CMERP - City 3) Economic Development $ 7,601,516 741,243 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia November 21, 1988 The Honorable Noel C. Taylor, Mayor and Members, Roanoke City Council Roanoke, Virginia 24011 Dear Members of City Council: Subject: Appropriation of Funds for Economic Development Purposes On Monday, November 14, 1988, Council approved unanimously Ordinance No. 29363, which transferred $68,829 from the Deanwood unprogrammed income account to a new account to fund a Historic Building Loan Program. Council requested that these funds be replaced in order to ensure that funds earmarked for eco- nomic development purposes would still be available for this purpose in the future. The attached Budget Ordinance has been prepared by the Department of Finance to respond to Council's request. The $68,829 is being appropriated from the FY 1989 Capital Equipment and Replacement Program to the Capital Projects Fund. These funds will be appropriated to an Economic Development Reserve Account which will require the approval of City Council prior to the expenditure of these funds. Respectful~submitted, W. Robert Herbert City Manager WRH:EBRJr:mp cc: City Attorney Director of Finance Chief of Economic Development Office of"~e Ciry Cler~ November 23, 1988 Fi ie #514 Ms. B. Anne Parker Ms. Marianne Rose 636 Walnut Avenue, S. W. Roanoke, Virginia 24016 Oear Ms. Parker & Ms. Rose: I am enclosing copy of Ordinance No. 29365, permanently vacating, discontinuing and closing a two foot by one hundred thirty-five foot strip of Walnut Avenue, S. W., running alongside parcels bearing Official Tax Nos. 1131101 and 1131102, which Ordinance No. 29365 was adopted by the Council of the City of Roanoke on first reading on Monday, November 14, 1988, also adopted by the Council on second reading on Monday, November 21, 1986, and will take effect ten days foilawi~g the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Dan Frei, President, Old Southwest, [nc., 1014 Third Street, S. W, Roanoke, Virginia 24016 ,~r. W. Robert Herbert, City Manager Mr. Witburn C. Dibling, .Ir., City Attorney Ms. Katherine Howe Jones, Assistant City Attorney ~r. Von W. Moody, III, Director of Real Estate Valuation The Honorable Jerome S. Howard, Commissioner of Revenue Mr. Michael M. Watdvoget, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Room 456 Municipa~ Buildincj 215 C]~urch Avenue SW Roanoke ~rg~nJa 24011 (703) 981-2541 Ms. B. Anne Parker Ms. Marianne Rose November 23, 1988 Page 2 pc: Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations Zoning Office of the City Cler~ November 23, 1988 File #514 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29365, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of a two foot by one hundred thirty- five foot strip of Walnut Avenue, S. W., running alongside par- cels bearing Official Tax Nos. 1131101 and 1131102, which Ordinance No. 29365 was adopted by the Council of the City of Roanoke on first reading on Monday, November 14, 1988, also adopted by the Council on second reading on Monday, November 21, 1988, and will take effect ten days following the date of its second reading. Sincerely, '"~ Mary F. Parker, CMC City Clerk MFP: ra Enc. p c: Ms. B · S. W. , Anne Parker and Ms. Marianne Rose, Roanoke, Virginia 24016 636 Walnut Avenue, Room 456 Munici~l Buildincj 215 C~urch Avenue SW Roanoke '~4r§~nia 2401t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 21st day of November, 1988. No. 29365. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, B. Anne Parker and Marianne Rose, have filed an applica- tion to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on November 14, 1988, at 7:30 p.m., after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An approximately two foot by one hundred thirty-five foot strip of Walnut Avenue, S. W., as it borders two parcels bearing Official Tax Nos. 1131101 and 1131102, as more particularly shown on the plat of survey attached to the application to vacate this right-of-way filed with the City Clerk. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structures or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of B. Anne Parker and Marianne Rose, and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not take effect unless and until the applicants shall have recorded a plat of subdi- vision, approved by the City, showing the area vacated hereby, and dedicating to the City an approximately 500 square foot portion of Official Tax No. 1131101 needed to dedicate to the public the existing alley right-of-way crossing this parcel, as more particularly shown on the survey attached to the application to vacate the aforedescribed right-of-way filed with the City Clerk. ATTEST: City Clerk. Roanoke City Planning Commission November 14, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from B. Anne Parker and Marianne Rose that a 2 foot by 135 foot strip of Walnut Avenue, S.W., running alongside parcels bearing tax nos. 1131101 and 1131102, be permanently vacated, discontinued and closed. I. Background: Segment of Walnut Avenue, S.W., related to the subject application for closure is situated in the 600 block of Walnut Avenue, S.W., adjacent to and immediately south of Highland Park. Be Sectional strip of Walnut Avenue, S.W., as requested for closure (2'x135') is situated along the southerly right-of-way boundary of Walnut Avenue, S.W., directly in front of the residence, 636 Walnut Avenue, S.W. Gish House, a renovated neighborhood center for the Old Southwest neighborhood, is situated directly across from the area requested for closure. Right-of-way terminus of Walnut Avenue, S.W., is located approximately 200' west of the requested closure. Right-of-way width of Walnut Avenue, S.W., at this point is 50'. Street right-of-way provisions usually include a surplus right-of-way section back of the street curb that is generally at least 8" in depth. E. City Building Department records indicate that the residence at 636 Walnut Avenue, S.W., was constructed prior to 1955. Room 355 Municipal Building 2t 5 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2344 II. Current Situation: III. A. Application was reviewed by the Planning Commission at its regular meeting of October 5, 1988. Survey of the property at 636 Walnut Avenue, S.W., (official tax no. 1131102) indicates that the northwest corner of the porch of this residence encroaches into the street right-of-way by a distance of less than 1 foot (0.9"). Sale of the property has been impeded in recent years by the liability of this minor encroachment. Do Public alley existing at the end of the adjacent triangular- shaped lot (official tax no. 1131101) actually and physically crosses tax parcel 1131101 and is not situated within the alley right-of-way as platted and shown on City maps (see attached Map A). Applicants, as owners of the properties identified as official tax parcels 1131101 (triangular lot) and 1131102 (636 Walnut Avenue, S.W.) are requesting in their application that the City vacate an area of Walnut Avenue, S.W., sufficient in size (2'x135') to eliminate the subject encroachment in exchange for a 500 square foot area (to be dedicated to the City) at the junction of Walnut Avenue, S.W., and the adjacent alley. Issues: Neighborhood impact: Closure would have no effect on the neighborhood. B. Traffic impact: Closure of the requested section of the right-of-way of Walnut Avenue, S.W, would have no effect on traffic or traffic needs. Current measurements indicate that the area of building encroachment is situated approximately 10' to 11' back of the street curb line. C. Utilities within the public right-of-way: City has no utilities within the right-of-way requested for closure. Correspondence received by the staff indicates that Appalachian Power Company has facilities within the right-of-way and requests that an easement be retained for them. D. Creation of a dead-end street: Closure would not create a dead-end street. E. Land use: Area as requested for closure is not based on an accurate and up-to-date survey. Survey and subdivision plat should be prepared defining precise area of requested closure, existing location of right-of-way boundaries, and area proposed for dedication to the City. Fo Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner: Area of encroachment cannot be used for public right-of-way as long as the encroaching building exists. Encroachment (0.9") is minor and request for closure (2') would be a minimal adjustment of the existing right-of-way boundary of Walnut Avenue, S.W. Walnut Avenue, S.W., dead-ends at a point just beyond the area requested for closure. Area requested for closure is not currently used or needed for traffic or sidewalk purposes. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mrs. Goode absent) recommends to City Council that the applicants' request for closure be approved subject to the following conditions: That the applicant's agree to have prepared and submitted to the City for review and approval a plat of survey/subdivision, defining thereon the relocation of the public right-of-way boundary of Walnut Avenue, S.W., and the area proposed for dedication to the City. That official closure of the street right-of-way area be made contingent upon the recordation of this properly approved subdivision plat. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Mr. William M. Hackworth, Assistant City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: Application of B. Anne Parker and Marianne Rose of ~00 Block of Walnut Ave. S.W. VIRGINIA for vacation o{ portion APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF STREET MEMBERS OF COUNCIL: B. Anne Parker and Marianne Rose, apply to have approximately a two foot by one hundred thirty ~ive foot strip of Walnut Avenue~ S.W., in the City of Roanoke~ Virginia, permanently vacated~ discontinued and closed~ pursuant to Virginia Code Section 15.1-J~4 and Section 50-14, Code of the City of Roanoke (1~7~)~ as amended. This street is more particularly described on the plat attached and as follows: The property is identified by Official Tax No's. 1151101 & 1151102 and is at the extreme westerly end of Walnut Avenue, S.W. The alley behind this property connects to Walnut Avenue. There have been years of encroachment upon the westerly tip of Lot 1, Tax No. 1151101, by this alley. B. Anne Parker and Marianne Rose state that the grounds for this application are as follows: Ail landowners whose property ad,bins the property to be vacated have been notified and are in agreement with this application. Bm The property to be vacated is portion of the aforementioned affecting the marketability of presently an undeveloped street and is adversly the applicants property. The applicant desires to usI the property to be vacated to fully clear petitioners existing structure from encroaching on city property~ thereby~ preventing any future detrimental actions that could take place on behalf of property owners or City of Roanoke. Addition- ally, the closure would allow a more equitable exchange of land between the city and Petitioner as noted on the attached plat. Specifically, Roanoke City would obtain approximately 500 square feet o~ land~ that will allow continued use of the existing service alley without re-routing same~ in exchange for property owners receiv- ing approximately 270 square foot strip of land. The applicant has further contacted OLD SOUTHWEST INCORPORATED, neighborhood residents, and this group in accord with this application. iS WHEREFORE, B. Anne Parker and Marianne Rose respectfully request that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-564 and Section 30-14, Code of the City of Roanoke (197~), as amended. Respectfully submitted, attachments: Atta~hment plat B. Anne Parker and Marianne Rose August 26, lc~88 ATTACHMENT A. August 26, 1988 IN RE: APPLICATION OF B. ANNE PARKER AND MARIANNE ROSE FOR VACATION OF PORTION OF 600 BLOCK OF WALNUT AVE., Additional information pertinent to Application for Vacating, Discontinuing, and Closing of Street. MEMBERS OF COUNCIL: I · BACKGROUND Am B. Anne Parker and Marianne Rose, owners of property at 656 Walnut Avenue, S.W., recently attempted to sell the property. Bm Two contracts of purchase have Oeen executed for the property in the past few years. The first contract, in 1985, was not consumated as a result of the discovery of the encroachment. The second contract, in 1988~ wa~ conditional upon clearing of the encroachment· 'The owners feel strongly that future marketability of the property depends on resolution of the encroachment oroblem. CURRENT SITUATION Am Survey a~ property conducted by Jack G. Bess, Surveyor, dated November, 1~85~ indicates that the northwest corner of the front porch of the house at 856 Walnut Ave., S.W. encroaches 0.~ foot into the street right of way. Owners wish to dedicate approximately 5(}(} square feet of westerly tip of property, presently encroached upon 'by alley, in exchange for city closing and dedicating approximately 270 square foot strip to property owners in order to fully clear encroachment of existing structure. ti I - Pavem. e~ £ - '30' VINTON ~ LOCATION I; R()I)O DASHED LINE DENOTES BOUNDARY OF HISTORIC DISTRICT ZONING TAUBMAN MaP C)fficeoft,he C~r~, Oer~ October 27, 1988 File #514 Ms. B. Anne Parker Ms. Marianne Rose 636 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Parker & Ms. Rose: f am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that a two foot by one hundred and thirty-five foot strip of Walnut Avenue, S. W., running a~ongside parcels bearing Official Tax Nos. 1131101 and 1131102, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1981, a public hearing on the abovedescribed request has been set for ~onday, November 14, 1988, at 7:30 p.m., in the Counci~ Chamber, fourth f~oor of the ~4unicipa~ ~uilding, 215 Church Avenue, S. w. For your information, ! am also enclosing copy of a notice of the public hearing and an Ordinance providing for the vacation, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Ms. ~atherine Howe Jones, Assistant City Attorney, at ~81-2431. Questions with regard to the City P~anning Commission report shoa~d be directed to Mr. John R. :'JarZ~es, Chief of Corrgnunity Planning, at 981-2344. Sincere Mary F. Parker, CMC City C~,erk MFP:ra Eno, Room456 MunicipalBuildin9 215 Church Avenue SW Roanoke V]rc!,nia24011 (703) 981-254t Ms. Bo Anne Parker Ms. Marianne Rose Page 2 October 27, 1988 pc: Mr. Dan Frei, President, Old Southwest, Inc., 1014 Third Street, S. W, Roanoke, Virginia 24016 ,~{r. W. Robert Herbert, City l{anager Mr. Wilburn C. Dib~ing, .Ir., City Attorney ~fs. Katherine Howe Jones, Assistant City Attorney Mr. Von W. Moody, Iii, Director of Real Estate Vaiuation Mr. Michael M. Waidvogei, Chairman, City P~anning Commission Mr. L. ~lwood Norris, Chairman, Board of Zoning Appeals Mr. Wiiiiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. MiI~er, Building Commissioner and Zoning Administrator . Mr. John R. Marl~es, Agent/Secretary, City P~anning Commission Mr. Edward R. Tucker, City P~anner Ms. Doris Layne, Office of Rea~ Estate Valuation The Honorable Jerome S. Howard, Jr., Commissioner of Revenue PUBLiSHER*S FEE - CiTY YE KOANOKh C/O NARY F P~RKER CITY CLERKS OFFICE ROoM 4~0 MUNICIPAL ~LUb ROANOK~ ~A 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIO~VlT OF PUbLiCATION i, ITHE UNDERSigNED) AN AdTHORIZEG REPRESENTATIVE GF THE TINES-WORLU COR- PORATION, WHICH CORPORATION IS PUBLISHER OF IHE ROANOKE TIMES G WCKLD-N~wS, A DALLY NEWSPAPER PUOLiSHcD IN ROANOKE~ IN ThE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NUTICE ~AS PU6LISHEO IN SAID NEWSPAPERS ON THE FOLLUNiNG DARES 10/28108 MURNING 11/04/88 MJRNIN~ WITNESS, THIS ?Td DAY OF NOVEMBER 19~8 AUIHO~IZ~O SiGNATURt: NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, November 14, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: An approximately two foot by one hundred thirty- five foot strip of Walnut Avenue, S. W., as it borders two parcels bearing Official Tax Nos. 1131101 and 1131102, as more particularly shown on the plat of sur- vey attached to the application to vacate this right-of- way filed with the City Clerk. the parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 26th day of October , 19 88 A copy of this proposal is available for public inspection in Office of the City Clerk, Room 456, Municipal Building. All Mary Please publish in full twice, once on Friday, October 28, 1988, and once on Friday, November 4, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 F. Parker, City Clerk. Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 August 30, 1988 File #514 Mr. Michael M. WaldvogeI Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from B. Anne Parker and Marianne Rose, requesting that a strip of property approximately two feet by one hundred thirty~ five feet on the extreme westerly end of Walnut Avenue, S. W., identified as Official Tax Nos. 1131101 and 1131102, be per- manently vacated, discontinued and closed. Sincerely, Sandra ft. Eakin ,,2 - Deputy City Clerk SHE:fa pc; Ms. B. Anne Parker, 636 Walnut Avenue, $. W., Roanoke, Virginia 24016 ,Us. Marianne Rose, 636 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr.. John R. MarlIes, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator. Mr. William M. Hackworth, Assistant City Attorney Room 456 Municipal Building 21~, Church Avenue SW Roa~'o~e Virginia 24011 (703) 981-2541 IN THE COUNCIL. OF THE CITY OF ROANOKE, VXRGINIA IN RE: Application of B,, Anne Parker and Marianne Rose for vacation of portion of 600 Block of Walnut Ave. S.W. APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF' STREET MEMBERS OF COUNCIL.. B. Anne Parker and Marianne Rose, apply to have approximately a two feot by one hundred thirty five foot strip of Walnut Avenue, S.W., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant te Virginia Code Section 15.1-564 and Section 50-14~ Code o~ the City of Roanoke (1979), as amended. This street is more particularly described on the plat attached and as ~oliows: The property is identified by Official Tax No"s. llS:Ll()l & 1151102 and is at the extreme westerly end of Walnut Avenue, S.W. The alley behind this property connects to Walnut Avenue. There have been years of encroachment upon the westerly tip of Lot 1, Tax No. 115110~ by this alley. B. Anne Parker and Marianne Rose state that the grounds for this application are as follows: A:ml landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application~ The property to be vacated is presently an undeveloped por'~ion of the aforementioned street and is adversly af.Fecting the marketability of the applicants property. The applicant desires to use the property to be vacated to fully clear petitioners existing structure fr'om encroaching on city property~ thereby, preventing any ~uture detrimental actions that could take place on behalf o~ property owner's or City of Roanoke. Addition- ally, the closure would allow a more equitable exchange of land between the city and Petitioner am noted on the attached plat. Specific:ally, Roanoke City would obtain approximately 500 square ~emt of land~ that will allow continued use of the existing service alley without re-routing mame~ in exchange for property owners receiv- ing approximately 270 square foot strip o~ land. The applicant has further contacted OLD SOU'T'HWEST INCORPORATED~ neighborhood residents, and this group is in accord with this application. WHE]REFORE, B. Anne Parker and Marianne Rose respectfully request that the above described street, be vacated by the Council of the City of Roanoke~ Virginia, in accordance with Virginia Code Section 15. 1-564 and Section ..~)-14, Code o~ the City o~ Roanoke <1979), as amended. Respectfully submitted, ~Y~' tachment s: Attachment p 1 at B. Anne Parker and Marianne Rose August 26~ 1988 ATTACHMENT August ~6, 1988 IN RE: APPLICATION OF B. ANNE PARKER AND MARIANNE ROSE FOR VACATION OF' PORTION OF' 600 BLOCK OF WALNUT AVE., S.W. Additional information pertinent to Application for Vacating, Discontinuing~ and Closing of Street. MEMBERS OF COUNCIL: I. BACKGROUND B. Anne Parker and Marianne Rose, owners of property at 656 Walnut Avenue, 8.W.~ recently attempted to sell the property. B# Two contracts of purchase have been executed for the property in the past few years. The first contract, in 1985, was not consumated as a result of the discovery of the encroachment. The second contract~ in 1988, was conditional upon clearing of the encroachment. The owners ~eel strongly that future marketability e{ the property depends on resolution e~ the encroachment problem. II. CURRENT SITUATION Am Survey of property conducted by Jack: G. Bess, Surveyor, dated November', 1985~ indicates that the northwest corner of the front porch of the house at. 656 Walnut Ave. S.W. encroaches 0.9 foot into the street right of way. Owners wish to dedicate approximately 500 square feet of westerly tip o~ property, presently encroached upon by alley~ in exchange for city closing and dedicating approximately 270 square foot strip to property owners in or'der to fully clear' encroachment of existing structure. \ ~ F_GA I_ RF. FF-Rz-'AJC£ .' t. Or, ce of the Ci~ Clerk November 23, 1988 File #514 Mr. Robert L. Payne 4974 Ferguson Valley Road, Roanoke, Virginia 24014 S. We Dear Mr. Payne: [ am enclosing copy of Ordinance No. 29366, permanently vacating, discontinuing and closing the remaining sections of three undeve- loped alleys adjacent to Wise Avenue and Campbell Avenue, S. E., in Block 2, as shown on City Official Appraisal Map Sheet No. 411, situated between and abutting Official Tax Nos. 4110404 through 4110410, inclusively, which Ordinance No. 29366 was adopted by the Council of the City of Roanoke on first reading on 'Monday, November 14, 1988, also adopted by the Council on second reading on Monday, November 21, 1988, and will take effect ten days following the date of its second reading. Sincerely, , : Mary F. Parker, CMC City Clerk MFP:ra Enc. pc; Downtown Industrial Properties, Inc., P. O. Dox 8278, Roanoke, Virginia 24014 Zir. William E. Lee, 1301 Goodview Avenue, Salem, Virginia 24153 Mr. & Mrs. J. ~. l~oore, P. O. Box 4306, Lynchburg, Virginia 24502 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney ~s. Katherine Howe Jones, Assistant City Attorney Room 456 Municipal Building 21 § C~urch Avenue SW Ro~nok.~. ~rglnio 24~t I (703) 981-2,.'.'.'.'.'.'.'.'.'~4t Mr. Robert L. Payne November 23, 1988 Page 2 pc'. Mr. Van W. Moody, III, Director of Real Estate Valuation The Honorable Jerome S. Howard, Commissioner of Revenue Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Corr~r~issioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Off~ce of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 21st day of November, 1988. No. 29366. VIRGINIA, AN ORDINANCE permanently, vacating, rain public right-of-way in the City of particularly described hereinafter. discontinuing and closing cer- Roanoke, Virginia, as is more WHEREAS, Robert Lawrence Payne has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on November 14, 1988, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manen~ly vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The remaining sections of three undeveloped alleys adjacent to Wise Avenue and Campbell Avenue, S. E., in Block 2 as shown on City Appraisal Map No. 411, more particularly described as follows: Alley No. 1 being 10 feet width and approximately 150 feet in length, extending in a southerly direction from Wise Avenue, S.E., between Official Tax Parcels 4110405, and 4110406, 4110407, 4110408 and 4110409. Alley No. 2 being 10 feet in width and 40 feet in length, extending in a northerly direction from Campbell Avenue, S.E., between Official Tax Parcels 4110410 and 4110405. Alley No. 3 being 10 feet in width and approximately 15 feet in length, extending in a northerly direction from Campbell Avenue, S.E., between Official Tax Parcels 4110404 and 4110405. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the.Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Rooks of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Robert Lawrence Payne, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Office of the Cit~ Cle~ November 23, 1988 File #514 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Hiss Testerman: I am attaching copy of Ordinance No. 29366, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of the remaining sections of three undeveloped alleys adjacent to Wise Avenue and Campbell Avenue, S. ~., in ~tock 2, as shown on City Official Appraisal Map Sheet No. 411, situated between and abutting Official Tax Nos. 4110404 through 4110410, inclusively, which Ordinance No. 29366 was adopted by the Council of the City of Roanoke on first reading on Monday, November 14, 1988, also adopted by the Council on second reading on Monday, November 21, 1988, and wilt take effect ten days following the date of its second reading. Sincerely, ,? Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. Robert L. Payne, 4974 Ferguson Valley Road, Roanoke, Virginia 24014 S. W., Room 456 Municipal Building 215 C~urch Avenu~ SW Roanoke v~rg~nia 2401 t (703) 981-2541 Roanoke Cily Planning Commission November 14, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: £ubject: Request from Robert L. Payne that the remaining sections of three undeveloped alleys adjacent to Wise Avenue and Campbell Avenue, S.E., in block 2, as shown on City official appraisal map sheet no. 411, situated between and abutting official tax nos. 4110404 through 4110410, inclusive, be permanently vacated, discontinued and closed, pursuant to Section 15.1-364 and Section 30.14 Code of the City of Roanoke, as amended. I. Background: Applicant's initial request to close and vacate a certain llO' section of an undeveloped alley situated adjacent to Wise Avenue, S.E., was heard by the Planning Commission on September 7, 1988. Plannin~ staff recommended to the Planning Commission that the applicant amend the application to close the entire alley section (150'). Applicant subsequently determined and decided to include within his amended application the request to close and vacate the remaining sections of two other undeveloped alley sections that abut and affect his property (see Map A). Sections of alleys as requested for closure are remnants of alleys closed by previous ordinance nos. 6840 and 1976. Previous partial alley closures were effected many years ago. Eo Alley No. l, as requested for closure, is 10' wide and extends in a southerly direction from Wise Avenue, S.E., for a distance of 150'. Alles No. 2 is 10' wide and extends in a northerly direction from Campbell Avenue, S.E., for a distance of 40'. Alle~ No. 3 is 10' wide and extends in a northerly direction from Campbell Avenue, S.E., for a distance of 15' (see attached Map A). Room 355 Municipal BuilcJing 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2344 Alley sections as requested for closure abut the properties as shown on the attached Map A and identified as official appraisal tax parcels 4110404 through 4110410. Go Application states that the applicant has notified all other owners of abutting properties and that they are in agreement with this request for closure. II. Current Situation: III. Amended application was reviewed by the Planning Commission at its regular meeting of October 5, 1988. Applicant desires to vacate the remaining portion of alley no. 1 in order to grade the area down to surrounding grade levels and to utilize the land within the alley areas as adjuncts to his surrounding and abutting properties. Area of the City block (Block 2) in which the subject three alley segments are situated is for the most part graded down to street grade level. The area of alley no. 1 is the only portion of the block that still remains at a grade 10' to 12' higher than the surrounding properties. Issues: A. Neighborhood impact: 1. Closure would have no adverse impact on the neighborhood. Applicant and other abutting property owners, Downtown Industrial Properties, Inc. (tax no. 4110406) and J. B. Moore, Golden Tours, Inc. (tax no. 4110410) are in agreement that the alley sections should be closed and vacated. Traffic impact: Closure would have no impact on traffic or traffic needs within the area. C. Utilities within the public right-of-way: City has no utilities within the alley areas as requested for closure. o Correspondence received by the staff indicates that there are no private utilities within the subject alley sections. D. Creation of a dead-end alley: 1. Closures will not create dead-end alleys. 2. Closures will eliminate three dead-end alleys. Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan that available land be utilized in the most appropriate manner: 1. Alley sections have remained undeveloped for many years. 2. Abutting property owners could utilize the land therein in a more efficient manner. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mrs. Goode absent) recommends to City Council that the applicant's request to close and vacate the subject three alley portions be approved. The recommendation is based on the following conclusions: Alleys nos. 2 and 3 are very short dead-end alley sections (40' and 15') which would be of little use to abutting property owners, even if they were opened. Alley no. 3 is situated for the most part at a grade level that is 10' to 12' higher than abutting properties. All adjacent property owners are in agreement with the requested closures. Useless alley remnants of this type should be closed in order to allow the land therein to revert to a more practical and beneficial use. Respectfully submitted, Michael M. Waldvogel, Chairman. Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineering Building Commissioner/Zoning Administrator Petitioner AMENDED APPLICATION IN RE: IN T_H~ COUNCIL ,OF THE CITY OF ROANOKE, VIRGINIA APPLICATION OF ROBERT LAWRENCE PAYNE FOR VACANT ALLEY IAPPLICATION FOR IVACATING AND CLOSING ~OF ALLEY. MEMBERS OF COUNCIL: ROBERT LAWRENCE PAYNE, APPLIES TO HAVE VACATED AND CLOSED PURSUANT TO SECTION 15.1-364 AND SECTION 30.14 CODE OF THE CITY OF ROANOKE AS AMENDED, THE REMAINING SECTIONS OF THREE (3> UNDEVELOPED ALLEYS ADJACENT TO WISE AVENUE AND CAMPBELL AVENUE S. E., IN BLOCK 2 AS SHOWN ON CITY APPRAISAL MAP NO. 411. THESE ALLEYS ARE MORE PARTICULARLY DESCRIBED ON THE (MAP OR PLAT) ATTACHED AND FOLLOWS: DESCRIPTION: ~ M! BEING 10 FT. IN WIDTH AND APPROXIMATELY 150' IN LENGTH, EXTENDING IN A SOUTHERLY DIRECTION FROM WISE AVE. E., BETWEEN OFFICIAL TAX PARCELS 4110405, AND 4110406, 4110407, 4110408 4110409. Sm ~ ~ BEING 10' IN WIDTH AND 40' IN LENGTH, NORTHERLY DIRECTION FROM CAMPBELL AVE. S. E., OFFICIAL TAX PARCELS 4110410 AND 4110405. EXTENDING IN A BETWEEN ~ ~ BEING 10' IN WIDTH AND APPROXIMATELY 15' IN LENGTH, EXTENDING IN A NORTHERLY DIRECTION FROM CAMPBELL AVE. S. E., BETWEEN OFFICIAL TAX PARCELS 4110404 AND 4110405. THE SECTIONS OF ALLEYS TO BE VACATED ARE HIGHLIGHTED IN YELLOW ON THE ATTACHED MAP. ROBERT LAWRENCE PAYNE STATES THAT THE GROUNDS FOR THIS APPLICATION ARE AS FOLLOWS: 1) ALL LANDOWNERS WHOSE PROPERTY ADJOINS THE PROPERTY TO BE VACATED HAVE BEEN NOTIFIED AND ARE IN AGREEMENT WITH THIS APPLICATION. * 2) THE PROPERTY TO BE VACATED IS PRESENTLY UNUSED AND NOT BEING USED BY ANYONE & NOT MAINTAINED OR MOWED BY CITY. 3) THE APPLICANT DESIRES TO USE THE PROPERTY TO BE VACATED FOR JOINING THE SURROUNDING PROPERTIES OWNED BY ROBERT L. PAYNE. WHEREFORE, ROBERT LAWRENCE PAYNE RESPECTFULLY REQUESTS THAT THE ABOVE DESCRIBED ALLEYS, BE VACATED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, IN ACCORDANCE WITH VIRGINIA CODE SECTION 15.1-364 AND SECTION 30-14, CODE OF THE CITY OF ROANOKE (1979), AS AMENDED. RESPECTFULLY SUBMITTED. ROBERY LAWRENCE PAYNE ~--~ ........ ~T~ --~? .......... * LIST OF NAMES & ADDRESSES ~ ~! TAX NO. 4110406: TAX NO. 4110405 4110407 4110408 4110409 TAX NO. 4i10410 411405 TAX NO. 4110404 4110405 OF ADJOINING PROPERTY OWNERS: DOWNTOWN IND. PROPERTIES, INC.. P. O. BOX 8278 ROANOKE, VIRGINIA 24014 APPLICANT ROBERT L. PAYNE J. B. MOORE GOLDEN TOURS, INC. P. 0. BOX 4306 LYNCHBURG, VIRGINIA 24502 APPLICANT ROBERT L. PAYNE APPLICANT OWNS ALL ABUTTING PROPERTY. ClT ROA LOCATION C~ce ef the Ci,'y CIefl~ October 27, 1988 File #514 Mr. Robert L. Payne 4974 Ferguson Valley Road, Roanoke, Virginia 24014 S. We Dear Mr. Payne: Planning Commission Roanoke grant your undeveloped alleys I am enclosing copy of a report of the City recommending that the Council of the City of request that the remaining sections of three adjacent to Wise Avenue and Campbell Avenue, S. E., described as Block 2, City Official Appraisal Map Sheet No. 411, situated bet- ween and abutting Official Tax Nos. 4110404 through 4110410, inclusive, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25525 adopted by tKe Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, November 14, 1988, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal DuiIding, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the vacation of the sections of the alleys, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Ms. aatherine Howe Jones, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. MarIIes, Chief of Community Planning, at 981-2344. Mary F. Parker, CMC City Clerk MFP: ra 4.56 Municipal Building 215 Church Avenue SW Roanoke 'v?g~nia 24011 (703) 981-2541 ~r. Robert L, Payne Page 2 October 27, 1988 Downtown Industrial Properties, Inc., P. O. Box $278, Roanoke, Virginia 24014 Mr. William E. Lee, 1501 Goodview Avenue, Salem, Virginia 24153 14r. & Mrs. J. B. Moore, P. 0. Box 4306 Lynchburg, Virginia 24502 ' ,i4r. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Ms. Katherine Howe Jones, Assistant City Attorney Mr. Von W. Mood~, III, Director of Real Estate Valuation Mr. Michael M. WaldvogeZ, Chairman, City Planning Commission l~r. L. Elwood Norris, Chairman, Board of Zoning Appeals ~fr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Air. Charles ~4. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate VaI~lation The Honorable Jerome S. Howard, Jr., Commissioner of Revenue A[~ NUN~ER - J. O26~.6001 PUbLISHr-R*S FEE - CITY OF ~O~NOKE C/0 N~RY F PARKER CITY CLERKS OFFICE ~OOH ~5o HUNICIPAL ~LDG ROANOKE VA Z~01I STATE OF vIRGINIA CITY OF ROA~UKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSiGNEd) AN AUTHuRiZED REPRESENTATIVE 6F THE TINES-WORLD COR- PORATION~ ~HICH UORP~RATION IS PUbLISHeR OF THm ROANOKE TIMES ~ .ORLO-NEWS~ ~ DAILY i~EWSPAPEK PU6LISHEO IN ROANOKE, IN THE STATE OF V[RGiNIA, Od CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SA1D NEWSPAPERS ON THE FOLLOWIN~ DATES 10/28/~b HOKN1NG 11/0~/8~ MORNING TO _V~OM I~CI~ImN: NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, November 14, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, 8. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: The remaining sections of three undeveloped alleys adjacent to Wise Avenue and Campbell Avenue, S. E., in Block 2 as shown on City Appraisal Map No. 411, more particularly described as follows: Alley No. 1 being 10 feet width and approximately 150 ~'eet in length, extending in a southerly direction from Wise Avenue, S.E., between Official Tax Parcels 4110405, and 4110406, 4110407, 4110408 and 4110409. Alley No. 2 being 10 feet in width and 40 feet in length, extending in a northerly direction from Campbell Avenue, S.E., between Official Tax Parcels 4110410 and 4110405. Alley No. 3 being 10 feet in width and approximately 15 feet in length, extending in a northerly direction from Campbell Avenue, S.E., between Official Tax Parcels 4110404 and 4110405. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 26th day of October , 19 88 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, October 28, 1988, and once on Friday, November 4, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 September 9, 1988 File #514 Mr. Michael M. Waldvoget Chairman City Planning Commission Roanoke, Virginia Dear Mr. Watdvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an amended application from Robert L. Payne, requesting that the remaining sections of three undeveloped alleys adjacent to Wise Avenue and Campbell Avenue, S. E., ~lock 2, City Appraisal Map No. 411, be permanently vacated, discontinued and closed. Sincerely~~,,~,~ J' ~ Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. Robert L. Payne, 4974 Ferguson Valley Road, Virginia 24014 Mr. John R. Martles, Agent/Secretary, City Commission Mr. Ronald ~. Miller, Zoning Administrator Mr. William M. ~ackworth, Assistant City Attorney Roanoke, Planning Room 456 Municipal Building 21.5 C'~urch Avenue S"~' ,Roanoke ~rg~nia 240'~ 'i (70,3) 98'~-2,54't TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET~OSURE' ~EQ~ST OF: Request from Robert L. Payne that the remaining sections of ) three undeveloped alleys adjacent to Wise Avenue and ) Campbell Avenue, S.E., in block 2, as shown on City official) appraisal map sheet no. 411, situated between and abutting ) upon official tax parcel nos. 4110405, 4110406, 4110407, )AFFIDAVIT 4110408, 4110409, 4110404, and 4110410, be permanently ) vacated, discontinued and closed, pursuant to Section ) 15.1-364 and Section 30.14 Code of the City of Roanoke, as ) amended. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th day of September, 1988, notices of a public hearing to be held on the 5th day of October, 1988, on the street/alley closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 4110406 Downtown Industrial Properties, P.O. Box 8278 Inc. Roanoke, VA 24014 4110409 William E. Lee 1301 Goodview Avenue Salem, VA 24153 4110410 J. B. Moore Evelyn C. Moore P. O. Box 4306 Lynchburg, VA 24502 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 1988. My Commission Expires: Notary Public C)fficeoftheCityClen~ August 17, 1988 Fi le //514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. WaldvogeI Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Robert L. Payne, requesting that a ten foot ~IIey entering from Wise Avenue~ S. E., between Official Tax Nos. 4110406 and 4110405, ending at Official Tax No,. 4110409, and a portion of a forty foot alley beginning at Wise Avenue to the end of said alley, be permanently vacated, discontinued and closed. Sincerely, Sandra H. Eakin Deputy City Cler~ SHE:fa Eric. pc: Air. Robert L. Payne, 4974 Ferguson Valley Road, Virginia 24014 ~r. John R. Marlles, Agent/Secretary, City Commission Mr. RonaId H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Planning Room456 MunlcipalBuildlng 2150~urchAv~ue, S.W. Roonoke, Vlrg~nia24011 (703)981:2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, 9IRGINIA PERTAINING TO THE STREET CLOS~ R~QU~T M~: ~ Request from Robert L. Payne that a certain portion of an ) alley located between Wise Avenue, S.E., and Campbell Avenue,) S.E., more specifically described as the southerly portion )AFFI- of the 10 foot wide alley abutting the lots designated as )DAVIT official tax nos. 4110407, 4110408, 4110409, and a portion ) of 4110405, be permanently vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 29th day of August, 1988, notices of a public hearing to be held on the 7th day of September, 1988, on the street/alley closure captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT Downtown Industrial Properties, Inc. William E. Lee J. B. Moore Evelyn C. Moore PARCEL 4110406 4110409 4110410 ADDRESS P. O. Box 8278 Roanoke, VA 24014 1301 Goodview Avenue Salem, VA 24153 P. O. Box 4306 Lynchburg, VA 24502 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1988. Notary Publid My Commission Expires: Office of the City Cler~ November 23, 1988 File #514 Mr. Kevin P. Oddo Attorney P. 0. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Oddo: [ am enclosing copy of Ordinance No. 29367, permanently vacating, discontinuing and closing an irregularly shaped alley, extending in an easterly direction from First Street, N. W., running bet- ween Lots 10 and 11, Block 9, Official Survey Sheet Northwest i, Official Tax Nos. 2~13011 and 2013012, in the Gainsboro Neighborhood Development Project, which Ordinance No. 29367 was adopted by the Council of the City of Roanoke on first reading on Monday, November 14, 1988, also adopted by the Council on second reading on ~Ionday, November 21, 1988, and will take effect ten days following the date of its second reading. Sincerely, ~t~,d~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, ,Ir., City Attorney Ms. Katherine Howe Jones, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation The Honorable Jerome S. Howard, Corr~nissioner of Revenue Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Room 456 MunicilDal Building 2 t 5 Church Avenue SW Roanoke Virginia 24~1 t (703) 981-2541 Mr. Kevin P. Oddo November 23, 1988 Page 2 Mr. William F. Clark, Director of Public Works ~r. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. ~iller, Building Commissioner and Administrator Mr. John R. Marlles, Agent/Secretary, City Planning CorTmission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Zoning Office of ~e Cit~ Cle~ November 23, 1988 File #514 ~iss Patsy Testerman Cierk of the Circuit Roanoke, Virginia Court Dear Miss Testerman: I am attaching copy of Ordinance No. 29367, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of an irregularly shaped alley, extending in an easterly direction from First Street, N. W., running between Lots 10 and 11, Block 9, Official Survey Sheet Northwest 1, Official Tax Nos. 2013011 and 2013012, in the Gainsboro Neighborhood Development Project, which Ordinance No. 29367 was adopted by the Council of the City of Roanoke on first reading on Monday, November 14, 1988, also adopted by the Council on second reading on Monday, November 21, 1988, and wilt take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. Kevin Po Oddo, ~ttorney, Virginia 24004~0720 P. O. Box 720, Roanoke, Raom 456 Municipal BuilOin~ 215 C~urch Avenue SW Roanoke V~rg~nia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 21st day of November, 1988. No. 29367. VIRGINIA, AN ORDINANCE permanently, vacating, rain public right-of-way in the City of particularly described hereinafter. discontinuing and closing cer- Roanoke, Virginia, as is more WHEREAS, City of Roanoke Redevelopment and Housing Authority has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on November 14, 1988, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The irregularly shaped alley running between Lots 10 and 11 of of Block 9, Official Survey Sheet Northwest 1 (Official Tax. Nos 2013011 and 2013012). be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do and all sewer lines, water mains and easements therefor that may now be located in or across said public right-of- way be, and they are hereby abandoned, reserving however, to the City of Roanoke an easement for any other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replace- ment purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of City of Roanoke Redevelopment and Housing Authority, and the names of any other par- ties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commi~ion November 14, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the City of Roanoke Redevelopment and Housing Authority, represented by Kevin P. Oddo, that an irregularly shaped alley, extending in an easterly direction from 1st Street, N.W., running between Lots 10 and 11 of Block 9, (Official tax nos. 2013011 and 2013012), in the Gainsboro Neighborhood Development Project, be permanently vacated, discontinued and closed. I. Back~round: Ae Alles as requested for closure is shown on City official appraisal maps as being 10' in width and extending in an easterly direction from 1st Street, N.W., for a distance of approximately 100'. Plattin~ of this particular alley for public right-of-way use apparently dates back beyond any City subdivision regulations. Alley is shown and referenced on official City appraisal maps by reference to official survey Northwest 1, only. C. Alles is currently serving no useful or practical purpose. II. Current Situation: A. Application was reviewed by the Planning Commission at its regular meeting of October 5, 1988. B. Roanoke Redevelopment and Housin~ Authorits (RRHA) has acquired all of the properties adjacent to the subject alley. Applicant desires to vacate the subject alley in order to utilize the land therein in conjunction with the consolidation of the adjacent and surrounding lots for future development. De Land within the vacated alley and consolidated lots will be resubdivided as part of the Henry Street redevelopment project. Room 355 Municipal Building 2t5 Church Avenue, SW R~ano~e, Virginia 24011 (703) 981 2344 III. Eo Area of alley and adjacent lots have been designated as the future site for the Henry Street music center which is planned to be an important part of the larger Henry Street redevelopment project. Issues: Ao Neighborhood impact: Closure will have no affect on the neighborhood or business community. Traffic impact: Closure will have no affect on traffic or traffic needs in the area. C. Utilities within the public right-of-way: City maps indicate that there are no utilities within the alley right-of-way. Correspondence received by the staff indicates that there are no private utilities within the alley. Application requests that any water and sewer easements existing within the alley be closed and abandoned and all such service lines be capped. City water department and the department of utility lines services have agreed to comply with this request if any such lines are found. Creation of a dead-end alley: Closure will not create a dead- end alley. Eo Land use: Alley area and surrounding properties are currently zoned Central Business District - C-3. The proposed future use of the property for restaurant/entertainment purposes is compatible with the existing zoning classification of the area. Relationship to the comprehensive plan: Request is consistent with the planned strategies of the City's comprehensive plan which provides the following objective: "Revitalization of the Henry Street area as an activity and entertainment link between downtown and adjacent neighborhoods should be an important additional part of downtown planning." IV. Recommendation: The Planning Commission, by a vote of 4-0 (Mrs. Goode and Messrs. Price and Bradshaw absent), recommends to City Council that the applicant's request to close and vacate the subject alley be approved as requested. The recommendation is based on the following conclusions: Applicant has acquired all of the abutting and surrounding properties for the purpose of consolidating a defined area of land for a future construction site. Alley currently serves no useful purpose and is a minor element in the larger process and scope of stated plans to redevelop and revitalize the Henry Street community as an important part of the City's future commercial and cultural activities. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Mr. William M. Hackworth, Assistant City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Attorney for the Petitioner VIRGINIA: IN THE CITY COUNCIL OF THE CITY OF ROANOKE In re: Gainsboro Neighborhood Redevelopment Project (Henry Street) APPLICATION OF THE CITY ) OF ROANOKE REDEVELOPMENT ) AND HOUSING AUTHORITY TO: The Honorable Mayor and Members of the City Council of the City of Roanoke (1) The undersigned applicant, the City of Roanoke Redevelopment and Housing Authority, a political subdivision of the Commonwealth 'of Virginia, property located in the City of follows: is the owner of certain real Roanoke, Virginia, described as Lots 8-17, inclusive, Block 9, according to the Official Survey Sheet Northwest 1 (Official Tax Nos. 2013010 - 2013017). (2) The property described above is located in that pot- tion of the Gainsboro Neighborhood acquired by applicant pursu- ant to redevelopment plans for that area adopted under the pro- visions of Title 36 of the Code of Virginia of 1950, as amend- ed. The specific location of the lots is shown attached to this application and marked Exhibit A. on the map (3) The applicant wishes to consolidate and resubdivide the aforesaid lots as part of the Henry Street Redevelopment Project. (4) Certain alleys have been installed on th~ described property. The applicant desires that the following alley lying within the boundaries of the described property be closed, as provided in Section 15.1-364 of the Code of Virginia of 1950, as amended: The irregularly shaped alley running between Lots 10 and 11 of Block 9, Official Survey Sheet Northwest 1 (Official Tax Nos. 2013011 and 2013012}. (5) The applicant requests that any water and sewer ease- ments existing within the boundaries of the alley to be closed be abandoned and the service lines capped. (6) The closing of the aforesaid alley is necessary in order to consolidate and resubdivide the aforesaid lot~ to permit the sale of a portion thereof to Total Action Against Poverty in Roanoke Valley for development of the Henry Street Music Center. WHEREFORE, the City of Roanoke Redevelopment and Housing Authority respectfully requests, in accordance with Section 15.1-364 of the Code of Virginia of 1950, as amended, that the alley described in paragraph 4 above be permanently vacated, discontinued and closed. Respectfully, CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Of Counsel Daniel F. Layman, Jr. Kevin P. Oddo Woods, Rogers & Hazlegrove P.O. Box 720 Roanoke, Virginia 24004-0720 -2- LOCATION P R 0 I)() I-.' AI.I. FY Cl'C) tJl l-'. ~C AVE. ®1 DATE SEWER MAP CITY OF ROANOKE, VA. SHEET NO 201 $CAL~ ' I" · I00" AVtNut ~~ ~' ~ ~ ~ ~ ~l,~-r !~ .t~ ' ~,, 1 o ~...~ ~-~ CENTRE . AVE. ___ ' J . J. ~~~~' I ~ ~?~ F -~ .*~L~ co -] I ,' !~*' ~ ' ~T . ~ - ,,,, ,' ,,'_ I:~ '-ER MAP SHEET No TRUST ~ S&FE DEPOSIT CO. ~LA BOTTLI~ CO. ~BI PG ~401A,402,517 SECT}ONAL 1976 ZONE MAP [R~ ~ICWAY CO. ~4BI PG 509 CITY OF ROANOKE EV.&~HOUSIN~ AUTHORITY. M 8 LPG 689 ~-~7-~7 Or, ce of the City Clerk October 27, 1988 File #514 Mr. Kevin P. Oddo Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Oddo: I am enclosing copy of a report of the City Planning Co~nission recommending that the Council of the City of Roanoke grant the request of your client, Roanoke Redevelopment and Housing Authority, that an irregularly shaped alley, extending in an easterly direction from First Street, N. W., running between Lots 10 and 11, 6Iock 9, Official Survey Sheet Yorthwest 1, Official Tax Nos. 2013011 and 2013012, in the Gainsboro Neighborhood Development Project, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, November 14, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal ~uiIding, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the vacation of the aZley, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Ms. Katherine Howe Jones, Assistant City Attorney, at 981-243l. Questions with regard to the City Planning Commission report should be directed to Mr. John R. MarlIes, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Room 456 Municipal Building 215 Church Avenue SW Roanoke Virginia 24011 (703) 981-2,~4t Mr. Kevin P. Oddo Page 2 October 27, 1988 pc: Mr. W. Robert Herbert, City Manager Mr. WiIburn C. DibZing, Jr., City Attorney Ms. Katherine Howe Jones, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. WaIdvogel, Chairman, City Planning Commission Mr. L. EIwood Norris, Chairman, Board of Zoning Appeals Mr.-William F. Clark, Director of Public Works Mr. Kit ~. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. RonaId H. Miller, Building Commissioner and Zoning Administrator Mr. John R. MarIIes, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation The Honorable Jerome S. Howard, Jr., Commissioner of Revenue ~q NU>I~ER - IO26i~T~ PU~LIS~EK'S FEE - ~,EVI~ P ODL~O, AITORN~Y 105 F-KAr~KLI~ r~l)~ SW PU B(JX 720 ROANOKE VA Z q.O O,~ ?20 STATE OF VIRGINIA CiTY OF RQANOK~ AFFiOAVfT OF PUbLICATiON i, (THE UNOERSIGNEU) AN AUFHORIZEO REPRESENTATIVE OF THE TIMES-WO~L~ CDR- PORATION~ ~ICH CORPORATION IS PUBLISHER OF THE RUANUKE TIMES & w~KLD-NEWS, A OAILY NEWSPAPER PUBLISHED iN ROA~uKE, IN THE STATE OF ViR~iNIA~ OG CERTIFY THA~ THE ANNEXED f~OTICE WAS PUoLISHEO IN SAID NbwSPAPEKS UN THE FOLLOWING O~TES 10/28/8~ MORNING 11/04/8~ MORNING wITNESS, THIS 7TH DAY OE NOVEMISER 1988 :._ AUTH~RI LEO S IL, NATUKE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, November 14, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: The irregularly shaped alley running between Lots 10 and 11 of Block 9, Official Survey Sheet Northwest 1 (Official Tax Nos. 2013011 and 2013012.). A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 26th day of October , 19 88 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, October 28, 1988, and once on Friday, November 4, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Kevin P. Oddo, Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Or,ce of ~he Ci.'y September 19, 1988 Fi le #514 ~{r. Michael .~. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance ~o. 25226, [ am enclosing copy of an appli- cation fram ~evin P. r)ddo, Attorney, 'epresenting Roanoke Redevelopment and Uousing Authority, ,equesting that an irregu- larly shaped alley running between Lots 19 and 11 of Dlock 9, Official Survey Sheet Northwest i, Official Ta.~ Nos. 2013011 and 2013012, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, C)~IC City Clerk MFP: ra pc: /~lr. Kevin P. Oddo, 4ttorney, p. O. ~o,~ 720, rioanoke, Virginia '24004-0720 Mr. John R. ~Jarl les, Agent/Secretary, City Plann~ng Commi ss ion htr. Ronald H. ~{i I let, Zoning Administrator Mr. William M. ltac,,.worth, Assistant City 4ttarney Ro<~:-, ¢56 '/~, ' Z1~ ' ,,, ~ ~,, ,~ ~ ,rtl A.en~..e ')W r!<~,:o!-.e ',l'q,ma 24011 (700) 981-254.1 105 F~Ai~LIi~ ROAD. S.IV. P. 0. BOX 720 ROANOKH, VIROINIA 24004-0720 982-4229 September 14, 1988 Mrs. Mary F. Parker, City Clerk City of Roanoke 215 Church Avenue S.W. Roanoke, Virginia 24011 In Re: City of Roanoke Redevelopment and Housing Authority - Application for Alley Closin9 Dear Mrs. Parker: Enclosed are the original and two copies of the Applica- tion of the City of Roanoke Redevelopment and Housing Authority to close a certain alley located in Block 9, Official Survey Sheet Northwest 1. We would appreciate having this matter placed on the agen- da of the Planning Commission at the earliest available date. Please let me know if you have any questions regarding the ap- plication. Very truly yours, WOODS, ROGERS & HAZLEGROVE Kevin P. Oddo KPO:jh Enclosure cc: H. Wesley White, Jr. TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET/ALLEY CLOSURE REQUEST'~: Request from the City of Roanoke Redevelopment and Housing ) Authority, represented by Kevin P. Oddo, that an irregularly) shaped alley, extending in an easterly direction from 1st ) Street, N.W., running between Lots 10 and 11 of Block 9, )AFFIDAVIT (Official tax nos. 2013011 and 2013012), in the Gainsboro ) Neighborhood Development Project, be permanently vacated, ) discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th day of September, 1988, notices of a public hearing to be held on the 5th day of October, 1988, on the request captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2013011 2013012 2013013 2013017 OWNER, AGENT OR OCCUPANT Roanoke Redevelopment & Housing Authority ADDRESS P. O. Box 6359 Roanoke, VA 24017 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 26 day of September, 1988. My Commission Expires: Notary Publi~ Or,ce of ~e C~y Cter~ November 23, 1988 File #51 Hr. Bruce Mayer Attorney P. O. Aox 11804 Roanoke, Virginia 24022-1804 Dear Mr. Mayer: I am enclosing copy of Ordinance No. 29368, rezoniag property located at 508 Gus Nicks Boulevard, N. E., containing 0.17 acre, more or less, designated as Official Tax No. 3321010, from RMv1, Residential Multi-Family, Low ~ensity District, to CN, Neighborhood Commercial District, which Ordinance No. 29368 was adopted by the Counci! of the City of Roanoke on first reading on Monday, November 14, 1988, also adopted by the Councii on second reading on Monday, November 21, 1988, and will take effect ten days following the date of its second reading. Sincerely, "? Mary F. Parker, CMC City C~erk MFP:ra Eric · pc: Mr. R. C. Markham, Life Estate, 2425 King Street, N. E., Roanoke, Virginia 24012 Mr. Pau! N. Dooley, Route 3, Dox 618-A, Moneta, Virginia 24121 Mr. & Mrs. Kenneth G. McCIain, 11~ Sedgefieid Lane, Vinton, Virginia 24179 Mr. & Mrs. Henry T. Wood, 2435 King Street, N. E., Roanoke, Virginia 24012 Ms. Addie B. Plymale, 2427 Dunkirk Avenue, N. E., Roanoke, Virginia 24012 Room456 MunicipalBuilOing 215 Church Avenue SW Roanoke V~rg~nia24011 (703) 98t-2541 Mr. Bruce Mayer November 23, 1988 Page 2 Mr. Jacob D. Wood, et ux, 513 Vinton Mill Court, N. E., Roanoke, Virginia 24012 Mr. & Airs. Robert H. Quinn, J,., 509 Vinton Milt Court, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Ricky L. HostutIer, 505 Vinton Mill Court, N. E., Roanoke, Virginia 24012 Ferguson Properties, Inc., c/o Mr. Michael Ferguson, 117 Serpentine Road, S. W., Roanoke, Virginia 24014 Mr. ~ Mrs. Robert 0. Dennis, 415 Gus Nicks 8ouIevard, N. E., Roanoke, Virginia 24012 Secretary of H.U.D., P. 0. Box 26388, Richmond, Virginia 23219 Mr. E. J. Thomas, III, 1722 Ashley River Road, Charleston, South Carolina 29407 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn Co Dibling, Jr., City Attorney Ms. Katherine Howe Jones, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. WaldvogeI, Chairman, City PIanning Corrgnission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Hr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles At. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. Jo~n R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29368. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Co~ercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on November 14, 1988, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the'City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 332 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a parcel located at 508 Gus Nicks Boulevard, containing 0.17 acres, more or less, designated on Sheet No. 332 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3321010 be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on September 15, 1988, and that Sheet No. 332 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission November 14, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from James L. and Sara J. Camden, represented by Mr. Bruce E. Mayer, Attorney, that property located at 508 Gus Nicks Boulevard, N.E., official tax no. 3321010, containing .17 acre, more or less, be rezoned from RM-1, Residential Multi-Family District, Low Density District, to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Ao Purpose of the rezoning is to permit the reuse of an existing single-family structure for professional offices. Bo Petition to rezone was filed September 12, 1988. Proffered conditions are as follows: That the property will be developed in substantial compliance with the site plan prepared by the petitioner, dated August 17, 1988, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes required by the City during site plan review. That if no building permit has been issued and no construction commenced within three years from the date of final zoning approval, the zoning shall revert to RM-1 without further action by City Council. Rezoning will be restricted to use as professional offices only. Neighborhood organization, the Wildwood Civic League, has not expressed support or opposition to the rezoning to date. The petitioner was advised to contact that organization prior to the public hearing. Room 355 Municipal Building 215 Church Avenue, S.'¢4 Po~noke, Virginia 24011 (703) 981-2344 II. Planning Commission public hearing was held on October 4, 1988. Mr. Bruce Mayer, attorney, appeared before the Commission and stated that his client had purchased the property on Gus Nicks Boulevard for the purpose of using the site as an insurance office. Mr. Marlles stated that staff recommended denial based on the facts that additional traffic in a residential neighborhood was a concern and that the rezoning would not be consistent with the comprehensive plan or the intent of the CN, Neighborhood Commercial district. Mr. Mayer stated that although the staff recommendation to deny the request was partially based on traffic in the neighborhood, however, according to the petition the commercial use would be limited to professional offices, which was not intensive and would not be detrimental. Mr. Mayer showed Commission members a conceptual site plan and noted the proposed use would be more attractive and better maintained than the present use. Issues: Ao Zoning is presently RM-1. The RM-1 zone surrounds the property on all directions. Land use of the site is vacant single family residential. Properties adjoining the site are a mix of duplex and single family use. C. Utilities are not an issue. Traffic is an issue. Access to the site is through a residential neighborhood, not Gus Nicks Boulevard. The existing streets have only a fair alignment and surface. Neighborhood appears to be stable. Homes appear to be maintained to an acceptable standard. Fo Comprehensive Plan recommends that neighborhoods should be protected. III. Alternative: A. City Council approve the rezoning request. 1. Zoning becomes CN, conditional. 2. Land use becomes commercial. 3. Utilities are available. Traffic from outside the neighborhood would be introduced. Although the site fronts Gus Nicks Boulevard, access would be through the neighborhood. 5. Neighborhood impact would be minimal. IN RE: IN THE COUNCIL OF THE CITY OF ROANOK~ Rezoning of a tract of land lying at 508 Gus Nicks Blvd., Tax No. 3321010 AMENDED PETITION TO REZONE RM-! TO C-N TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, James L. Camden and Sara J. Camden, husband and wife, own land in the City of Roanoke containing .17 acres, more or less, located at 508 Gus Nicks Blvd., Tax No. 3321010. Said tract is currently zoned RM-1. A map of the property to be rezoned is attached as Exhibit Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 District to C-N Commercial District, subject to certain conditions set forth below, for the .purpose of an Office Building. The Petitioner believes the rezoning of the sai~ tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide a neighborhood service along a heavily traveled artery without causing detriment to the adjacent residential neighborhood. The Petitioner hereby proffers an~ agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by the following conditions: 1. That the property will be developed in substantial compliance with the site plan prepared by Petitioner, dated August 17, 1988, a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during site Plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RM-1 without further action by City Council. 3. Rezoning will be restricted to use as professional offices only. Attached as Exhibit "C" are tax numbers of the owner or owners immediately adjacent to or immediately from the property to be rezoned. the names, addresses and of all lots or property across a street or raod WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning O:dinance of the City of Roanoke. Respectively submitted this day of August, 1988. Respectively submitted, James L. Camden - Owner Sara J. Camden - Owner 304 Virginia Avenue Vinton, VA 24179 By: Bruce E. Mayer, Esquire CRANWELL, FLORA & MOORE P.O. BOX 11804 Roanoke, VA 24022-1804 J ZONING MAP City O~ ~OA.NOK~ ,VA. iii Official 3321010 3321016 3321017 3321007 3321008 3321011 3321013 3321231 3410403 3410404 3410405' Tax Number Exhibit "C" Owner's Name and Addres~ James L. Camden Sara J. Camden 304 Virginia Ave. Vinton, VA 24179 R.C. Markham 2425 King St., NE Roanoke, VA 24012 Paul Norman Dooley 2424 Dunkirk Ave., Roanoke, VA NE Kenneth G. McClain 2441 King St., NE Roanoke, VA Henry T. Wood 2435 King St., NE Roanoke, VA Addie B. Plymale 2427 Dunkirk Ave. Roanoke, VA Jacob D. Wood, et ux 513 Vinton Mill Court, NE Roanoke, VA Robert H. Quinn, Jr. 509 Vin=on Mill Court Roanoke, VA Ricky L. Hostu=ler 505 Vin=on Mill Court Roanoke, VA 3410406 3410407 Ferguson ProDrietor, Inc. 417 Vinton Mill Court 423 Vinton Mill Court Roanoke, VA 3410408 Robert O. Dennis 415 Vinton Mill Court Roanoke, VA 3410402 Secretary of HUD 517 Vinton MAll Court Roanoke, VA 3410401 E.J. Thomas, III 503 Vinton MAll Rd. Roanoke, VA CIT I OA LOCATION .... ,, IIEZONING · ./ ;ITY O? P. OANO t 'vi/" STREET ZONING MAP CiTY 01~ IIOANOKE tVA.. Office of the Ci~ Clerk October 27, 1988 Mr. Bruce Mayer Attorney P. 0. Box 11804 Roanoke, Virginia 24022-1804 Dear Mr. Mayer: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your clients, James L. and Sara J. Camden that property located at 508 Gus Nicks Boulevard, No E., designated as Official Tax No. 3321010, containing .17 acre, more or less, be rezoned from RM-1., Residential Multi-Family District, Low Density District, to CN, Neighborhood Commercial District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, November 14, 1988, at 7:30 pom., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Ms. Katherine Howe Jones, Assistant City Attorney, at 981-2431. Questions with regar~ to the City Planning Commission report shouZd be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Eric o Room 456 Munici~l Building 215'C~urch Avenue SW Roanoke V~rg~nia 24011 (703) 98~-2541 Mr. Bruce Mayer October 27, 1988 Page 2 pc: Mr. R. C. Harkham, Life Estate, 2425 King Street N. E. Roanoke, Virginia 24012 ' ' Mr. Paul ~. Doo~ey, Route 3 Box 618-A, Moneta, Virginia 24121 ' Mr. & Mrs. Kenneth G. McClain, 113 Sedgefie~d Lane, Vinton, Virginia 24179 Mr. & Hrs. Henry T. Wood, 2435 King Street N. E. Roanoke, Virginia 24012 ' ' Ms. Addle B. Piyma~e, 2427 Dunkirk Avenue, N. E. Roanoke, Virginia 24012 ' Mr. Jacob D. Wood, et ux, 513 Vinton MiIi Court, N. E. Roanoke, Virginia 24012 ' Hr. & Mrs. Robert B. Quinn, Jr., 509 Vinton Mi!i Court, N. E., Roanoke, Virginia 24012 MarIies, Agent/Secretary, City Office of Real Estate Valuation Hr. & Hrs. Ricky L. HostutIer, 505 Vinton Mill Court, N. E. ~oanoke, Virginia 24012 Ferguson Properties, Inc., c/o Hr. Michael- Ferguson, 117 Serpentine Road, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Robert O. Dennis, 415 Gus Nicks Boulevard, N. E., Roanoke, Virginia 24012 Secretary of H.U.D., P. O. Box 26388, Richmond, Virginia 23219 Mr. E. J. Thomas, [Il, 1722 Ashley River Road, Charleston, South Caroiina 29407 Hr. Wayne G. StrickIand, Executive Director, Fifth P~anning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City ~1anager Mr. Wiiburn C. Dib~ing, Jr., City Attorney Ms. Katherine Howe Jones, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michaei M. Waidvogei, Chairman, City Planning Corr~nission Mr. L. Eiwood Norris, Chairman, Board of Zoning Appeals Mr. William F. CIark, Director of PubIic Works Mr. Kit ~. ~iser, Director of Utilities and Operations Mr. Charles H. Huffine, City Engineer Mr. Ronald H. MiIIer, Building Commissioner and Zoning Administrator Mr. John R. Co~ission Ms. Doris Layne, Pianning PUBLISHER'S BRUCE E MAYER,ATTY 111 ~IR~INIA AVE ROANOKE VA 24022 1804 CiTY OF ROANUKi- AFFIDAVIT UF PUBLICATION I, ITHE uNuERSiGNED} AN AUTHORIZED REPRESENTATIVE OF THE TIMES-~ORLD COR- PORATION~ WHICH CORPORATION IS PUBLISHER UF THE ROANOKE TIM~S C WURLD-NE~S~ A DAILY NEWSPAPER PUbLISHeD IN ROANOKE~ iN FH~ slAr~ OF VIRGiNIA~ OG CERTIFY THAT THE ANNEXED NOTICm WAS PUBLISHED tN SAID NEWSPAPERS UN T~E FOLLOWING DATES 10/28180 MORNING t£/04/86 MQ~NING wITNESS, THIS ?TH DAY UF NOVEMBER 1988 ...... gOTHORIZEO SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant Code of the the City of November 14, 1988, Municipal Building, on the question of to the provisions of Article VII of Chapter 36.1 City of Roanoke (1979), as amended, the Council of Roanoke will hold a Public Rearing on Monday, at 7:30 p.m., in the Council Chamber in the Low Density District, to the following property: A parcel located raining 0.17 acres, more or less, Roanoke Official Tax No. 3321010. 215 Church Avenue, S. W., in the said city, rezoning from RM-1, Residential Multifamily, CN, Neighborhood Commercial District, at 508 Gus Nicks Boulevard, con- and bearing City of This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 26th day of October ,1988 Mary F. Parker, City Clerk Please publish in full twice, once on Friday, October 28, 1988, and once on Friday, November 4, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Bruce Mayer, Attorney P. O. Box 11804 Roanoke, Virginia 24022-1804 Office of the Cih/Clerk Septeraber 19, 1988 File #51 Mr. Michael ~. Waldvogel Chairman' City Planninff Commission Roanoke~ Virginia Dear Mr. Watdvo~el: Pursuant to Section 36.1-690(e) of the Code of the Cc~j~y of Roanoke (1979), as amended, [ am enclosing copy of ~petition from Bruce Mayer, Attorney. .epresenting James L. and Sara J. Camden, requesting that a t.act of land located at 508 Gus Nicks Boulevard, N. E., containing .17 acre, more or less, identified as Official Tax No. 3321010, be rezoned from R]~-I, Residential Multi-Family District, to CN, Neighbo.hood Commercial Distcict, subject to certain proffered conditions by the petitionec. /"~ ~'Sincerely' Mary F. Parker, CMC City Cle.k MFP: ra pc: Mr~ ~ruce 5fayer, Attorney, P. O. Box 11834, ~oanoke, Virginia 2~022-1804 Mr. John R. ~tarlles, Agent/Secretary, City Planning Commission Mr. Ronald H. ~iller, Zoning Administrat,~. Mr. William M. Hackworth, Assistant City Attorney Rare ¢56 '^~ ,,;,,~![2' ,J ¥ ~1~ ! ,rcr, A/en,~_ ~, Rc,~aoke ,~,rg,ma24011 (703) 981-2541 Office of r he Cit¥Cie~ September 9, 1988 Fi le #51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear ,~r. WaIdvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Bruce Mayer, Attorney, representing James L. and Sara J. Camden, requesting that a tract of land located at 508 Gus Nicks Boulevard, N. E., containing .17 acre, more or less, identified as Official Ta,~ No. 3321010, be rezoned from RM-1, Residential Multi-Family D trict, to C-1, Office District, subject to cer- tain proffered ~onditions. Sincerely, Mary F. Parker, CMC Cit-y Clerk MFP: ra Enco pc: Mr. Bruce Mayer, Attorney, P. O. Box 11804, Roanoke, Virginia 24022-1804 Mr. John R. MarlIes, Agent/Secretary, City Planning Commission Mr~ Ronald H. Miller, Zoning Administrator Mr. William M° ~ackworth, Assistant City Attorney Room456 Munici~x~lBuildincj 215 Church Avenue SW Roanoke V~rg~nia24011 (703) 981-254.1 IN RE: IN THE COUNCIL OF THE CITY OF ~QA~Q~E Rezoning of a tract of land lying at 508 Gus Nicks Blvd., Tax No. 3321010 PETITION TO REZONE RM-1 TO COMMERCIAL TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, James L. Camden and Sara J. Camden, husband and wife, own land in the City of Roanoke containing .17 acres, more or less, located at 508 Gus Nicks Blvd., Tax No. 3321010. Said tract is currently zoned RM-1. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM- ! District to Commercial District,~ subject to certain conditions set forth below, for the purpose of an Office Building. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide a neighborhood service along a heavily traveled artery without causing detriment to the residential neighborhood. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by the following conditions: Note: Provide parking lot as shown on Plan. Only professional offices will be permitted. 1. That the property will be developed in substantial compliance with the site plan prepared by Petitioner, dated August 17, 1988, a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during site Plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RM-1 without further action by City Council. Attached as Exhibit "C" are tax numbers of the owner or owners immediately adjacent to or immediately from the property to be rezoned. the names, addresses and of all lots or property across a street or raod WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted this /7~/day of August, 1988. ~>mes L. Camden - Owner Vinton, VA 24179 Respectively submitted, B ~u~E~. / Mayer, 'E s CRANWELL, FLORA & ~ P.O. Box 11804 Roanoke, VA 24022-1804 Exhibit "A" ZONING MAP .551 OffiQi~l Tax Number 3321010 3321016 3321017 3321007 3321008 3321011 3321013 3321231 3410403 3410404 3410405 Exhibit Owner's Name and Address James L. Camden Sara J. Camden 304 Virginia Ave. Vinton, VA 24179 R.C. Markham 2425 King St., NE Roanoke, VA 24012 Paul Norman Dooley 2424 Dunkirk Ave., Roanoke, VA NE Kenneth G. McClain 2441 King St., NE Roanoke, VA Henry T. Wood 2435 King St., NE Roanoke, VA Addie B. Plymale 2427 Dunkirk Ave. Roanoke, VA Jacob D. Wood, et ux 513 Vinton Mill Court, Roanoke, VA NE Robert H. Quinn, Jr. 509 Vinton Mill Court Roanoke, VA Ricky L. Hostutler 505 Vinton Mill Court Roanoke, VA 3410406 3410407 Ferguson Proprietor, Inc. 417 Vinton Mill Court 423 Vinton Mill Court Roanoke, VA 3410408 Robert O. Dennis 415 Vinton Mill Court Roanoke, VA 3410402 Secretary of HUD 517 Vinton Mill Court Roanoke, VA 3410401 E.J. Thomas, III 503 Vinton Mill Rd. Roanoke, VA Exhibit NO T£ : TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST O~D Request from James L. and Sara J. Camden, represented by Mr. ) Bruce E. Mayer, Attorney, that property located at 508 Gus ) Nicks Boulevard, N.E., official tax no. 3321010, containing )AFFI- .17 acre, more or less, be rezoned from RM-1, Residential )DAVIT Multi-Family District, Low Density District, to CN, ) Neighborhood Commercial District. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Con~nission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th day of September, 1988, notices of a public hearing to be held on the 5th day of October, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 3321016 3321017 R. C. Markham, Life Estate 2425 King Street, NE Roanoke, VA 24012 3321007 3321008 Paul Norman Dooley Route 3, Box 618-A Moneta, VA 24121 3321011 Kenneth G. McClain Shirley B. McClain 113 Sedgefield Lane Vinton, VA 24179 3321013 Henry T. Wood Lois C. Wood 2435 King Street, NE Roanoke VA 24012 3321231 Addie B. Plymale 2427 Dunkirk Avenue Roanoke VA 24012 3410403 Jacob D. Wood, et ux 513 Vinton Mill Court Roanoke VA 24012 3410404 Robert ~ Quinn, Jr. Shirley B. Quinn 509 Vinton Mill Court Roanoke VA 24012 3410405 Ricky L. Hostutler Cynthia L. Hostutler 505 Vinton Mill Court Roanoke VA 24012 3410406 3410407 Ferguson Properties, Inc. c/o Michael Ferguson 117 Serpentine Road, SW Roanoke VA 24014 3410408 Robert O. Dennis Lelia H. Dennis 415 Gus Nicks Blvd. Roanoke VA 24012 3410402 Secretary of H.U.D. P.O. Box 26388 Richmond VA 23219 3410401 E.J. Thomas, III 1722 Ashley River Road Charleston, SC 29407 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 1988. Notary Pub li~ My Commission Expires: O~ce o~ ~he City Cl~r~ November 23, 1988 File #2 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29372, authorizing execution of certain documents re~ating to the purchase and exchange of certain property between the City and James L. Trinkle, subject to various conditions, which Ordinance No. 29372 was adopted by the Council of the City of Roanoke on first reading on Monday, November 14, 1988, also adopted by the Council on second reading on Monday, November 21, 1988, and witt take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, C~fC CityClerk MFP: ra Eric · pc: Mr. & ~4rs. James L. Trinkle, 120 West Kirk Avenue, S. W. Roanoke, Virginia 24011 The Honorable Jerome S. Howard, Commissioner of Revenue Mr. Gordon E. Peters, City Treasurer Mr. W. Robert Herbert, City Manager Mr. Joe! ~. Schianger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Cotiections Room456 MunicipalBuilding 215 C~urch Avenue SW Roanoke ~rg~nia24011 (703) 98%254t IN THE COUNCIL OF TEE CITY OF ROANOKE, The 21st day of November, 1988. No. 29372. VIRGINIA, AN ORDINANCE authorizing the execution of certain documents relating to the purchase and exchange of certain property between the City and James L. Trinkle, subject to various terms and con- ditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, Sale and Exchange Agreement with James L. and Muriel King Trinkle, husband and wife, providing that the City will purchase property owned by the Trinkles at 120 and 122 Campbell Avenue, and further providing that the City will exchange real estate owned by it the Trinkles at 118 and the Trinkles lease back at 124 Kirk Avenue for real estate owned by 124 Campbell Avenue, upon the condition that to the City for up to two years the parcel at 124 Kirk Avenue, upon certain terms and conditions, to be substantially in the form attached to the report of Attorney dated November 7, 1988, and to be approved as to city Attorney. 2. Upon fulfillment aforesaid such agreement the City form by the authorized to take appropriate action to acquire Avenue and execute a Deed of Exchange exchanging located at 124 Kirk Avenue for the Trlnkles' real 120 and 122 Campbell the City's real estate estate at 118 and of the relevant terms and conditions of the Sale and Exchange Agreement, the Mayor and City Clerk are 124 Campbell Avenue, the appropriate documents to be approved as to form by the City Attorney. 3. Upon the fulfillment of the relevant terms and conditions of the aforesaid Sale and Exchange Agreement, the City Manager and the City Clerk are authorized to execute and to seal and attest, respec- tively, a Lease from Mr. Trinkle of the building located at 124 Kirk Avenue for a period of up to two years for the consideration of $2,072.22 per month, and other consideration, such Lease to be sub- stantially in the dated November 7, Attorney. form attached to the report of the City Attorney 1988, and to be approved as to form by the City ATTEST: City Clerk. WILBURN C. DIBLING, JR, CITY ATTORNEY CITY OF ROANOKE OFFICE OF THE CITY ATFORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 November 7, 1988 WILLIAM X PARSONS WILLIAM M. HACKWORTH MARK A WILLIAMS KATHERINE HOWE JONES ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Purchase by City of 118, 120, 122 and 124 Campbell Avenue, S. W. Dear Mrs. Bowles and Gentlemen: At its October 24, 1988, meeting, Council authorized the City Manager to extend an offer to purchase the above- captioned properties upon certain terms and conditions including approval by City Council by ordinance of the appropriate contract documents. Attached for your approval is a Sale and Exchange Agreement implementing this transaction on the terms and conditions set forth by Council as well as an appropriate authorizing ordinance. I would be pleased to respond to any questions or com- ments you may have with regard to this matter. With kindest personal regards, I am Sincerely yours, WCDJr:fcf Attachments ~Wilburn C. Dibling, Jr. City Attorney cc: W. Robert Herbert, City Manager Earl B. Reynolds, Jr., Assistant City Manager Frank W. Rogers, Jr., Esquire Mary F. Parker, City Clerk SALE AND EXCHANGE AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 1988, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation, hereinafter referred to as the "City," and JAMES L. TRINKLE, hereinafter referred to as "Mr. Trinkle,', and MURIEL KING TRINKLE, his wife. W I TNESSETH: WHEREAS, James L. Trinkle is the owner in fee simple of four parcels and the structures thereon, located at 118, 120, 122 and 124 Campbell Avenue, in the City, which structures contain unique features and are of great historical value to the citizens of the City of Roanoke, are eligible for listing i~ the National Regi- ster of Historic Places, and are a vital element of the block of Campbell Avenue in which they are located; and WHEREAS, Mr. Trinkle desires to provide additional parking for his office building occupied by C. W. Francis & Son on Kirk Avenue and for the Shenandoah Building owned by him on First Street, and he and the City desire to avoid demolishing the struc- tures at 118, 120, 122 and 124 Campbell Avenue; and WHEREAS, the City owns the real estate located at 124 Kirk Avenue, which it is willing to exchange with Mr. Trinkle for the parcels at 118 and 124 Campbell Avenue, upon certain terms and conditions; and Mr. Trinkle is agreeable to the proposed exchange of properties; and WHEREAS, the City is willing to purchase and 122 Campbell Avenue for $164,000, and Mr. to sell such properties for the same price; the parcels at 120 Trinkle is willing NOW, THEREFORE, the parties in consideration of the premises and the mutual covenants contained herein, agree as follows: 1. SALE AGREEMENT. Mr. Trinkle hereby agrees to sell, grant and convey to the City, with General Warranty of Title and Modern English Covenants, fee simple to those certain parcels of land (hereinafer the "sale property") described as follows: 120 Campbell Avenue, bearing Official Tax No. 1011511, and being Lot 10, Block 10, Official Survey, Section SW1, with improve- ments thereon. 122 Campbell Avenue, bearing Official Tax No. 1011510, and being Lot 9, Block 10, Official Survey, Section SW1 with improve- ments thereon. ' 2. CONSIDERATION. This Agreement is made in consideration Of the sum of One Thousand Dollars ($1,000.00) cash paid by the City to Mr. Trinkle, receipt whereof is hereby acknowledged. 3. PURCHASE PRICE. The purchase price of the sale property described in Paragraph 1 of this Agreement shall be One Hundred Sixty-Four Thousand Dollars ($164,000.00), which shall be paid at closing by the City. The consideration paid for this Agreement shall be credited on account of the total payment to be made at closing as provided herein. - 9. - 4. EXCHANGE AGREEMENT. The City and ~r. Trinkle shall each convey to the other the exchange property, described below, Owned by each. The D~ed of Exchange shall be executed in substantially the same form as attached hereto as Exhibit A. City-owned property to be exchanged: 124 Kirk Avenue, bearing Official Tax No. 1011605, and being Lots 7 and 8, Block 12, Official Survey, Section SW1, with improve- ments thereon. Trinkle-owned property to be exchanged: 118 Campbell Avenue, bearing Official Tax No. 1011512, and being Lot 11, Block 10, Official Survey, Section SWl, with improve- ments thereon. 124 Campbell Avenue, bearing Official Tax No. 1011509, and being Lot 8, Block 10, Official Survey, Section SWl with improve- ments thereon. ' 5. SPECIAL CONDITIONS. This Agreement is contingent upon Mr. Trinkle leasing back to the City for a .period of up to two (2) years the building at 124 Kirk Avenue, such lease to be subject to the terms and conditious set out in the Lease Agreement attached hereto as Exhibit B, which Lease Agreement shall be tendered to the City, fully executed by Mr. Trinkle, at the time of closing on the exchange property. property (a) CONDITIONS OF SALE. Conveyance of the sale and exchange shall be subject to the following: Present and future laws, ordinances, regulations, re- strictions, or orders of any Federal, State or local government or of any public authority, including, without limitation, zoning and any other restrictions imposed by governmental authority. - 3 - (b) Facts that would be disclosed by an accurate survey. (c) The City providing Mr. Trinkle with a letter from a qualified party'that the roof of the structure at 124 Kirk Avenue is in good condition and does not need repair or replacement. 7. TITLE. Mr. Trinkle warrants that he has fee simple title to the real estate at 118, 120, 122 and 124 Campbell Avenue to be sold to and exchanged with the City. The City, at its own expense, shall order a title insurance policy, including a title binder, in the amount of the purchase price issued by a national title insurance company. Such title policy shall reveal insurable and marketable title free and clear of all material title objec- tions as determined by the City. In the event the binder'reflects defects or other conditione which would prevent conveyance of an insurable and marketable title to the City or prevent the City's 'contemplated use of the Property, the City shall advise Mr. Trinkle and Mr. Trinkle shall, at his option, either (i) cancel this Agreement by written notice to the City, whereupon all monies paid pursuant to this Agreement shall be refunded to the City, or (ii) proceed diligently at his expense to clear title to the Property within ninety (90) days from such notice. In the event title to the Property shall not prove marketable within ninety (90) days, the City shall have the option of demanding and receiving back all monies paid pursuant to this Agreement and shall be released from all obligations hereunder. Mr. Trinkle shall have the right to have the title to the real estate at 124 Kirk Avenue examined at his own expense, and shall have the same - 4 - rights and obligations with regard to this real estate as the City has with regard to the Property, as set forth above. 8. ~ONVEYANCE. At closing, each party hereto shall deliver a General Warranty Deed with English Covenants of Title conveying fee simple title to the sale and exchange property to the other (the form of the deed for the Exchange Property being set forth as Exhibit A). 9. CLOSING. The closing on the sale and exchange property shall be held at a time of the City's selection on or before December 15, 1988. Closing shall take place iu the Office of the City Attorney, or some other mutually acceptable location. 10. ASSIGNMENT. Mr. Trinkle acknowledges and agrees that the City shall have the right to assign its rights under this Agreement to purchase the real estate at 120 and 122 Campbell Avenue with no notice or consent by Mr. Trinkle of any kind. 11. PRORATIONS. Taxes shall be prorated as of the date of closing. 12. SUCCESSORS. The parties agree and fully understand that this Agreement shall be binding upon the parties, their heirs, successors, assigns, executors, and administrators. 13. COMPLETE AGREEMENT. The Agreement represents the full understanding between the parties; there are no written or oral agreements between the parties, other than those contained herein. - § - 14. RISK OF LOSS. Each party shall bear all risk of loss with respect to its property until closing. If there is any material change in any of the sale or exchange property, either party shall have the option of terminating this Agreement. 15. ~IGHT OF ENTRY. Prior to closing, each party or their agents shall have full access to the other's property for the pur- pose of surveying, conducting engineering studies, and the like. 16. COMMISSIONS. The parties acknowledge that no real estate agent was involved in this transaction and each agrees to hold the other harmless from any claim for a commission by reason of any action on their part. WITNESS the following signatures and seals: ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk By, City Manager James L. Trinkle (SEAL) (SEAL) Muriel King Trinkle STATE OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) The foregoing Sale and Exchange Agreement was acknowledged before me this __ day of , 1988, by W. Robert - 6 - Herbert and Mary F. Parker, City Manager and City Clerk, respec- tively, of the City of Roanoke, on behalf of that municipal cor- poration. My commission expires: Notary Public STATE OF VIRGINIA CITY OF ROANOKE To-wit: The foregoing Sale and Exchange before me this day of TRINKLE. Agreement was acknowledged , 1988, by JAMES L. My commission expires: Notary Public STATE OF VIRGINIA ) ) CITY OF ROANOKE ) To-wit: The foregoing Sale and Exchange Agreement was acknowledged before me this __ day of , 1988, by MURIEL KING TRINKLE. My com~ission expires: Notary Public - 7 - THIS DEED OF EXCHANGE, made and entered into this of , 1988, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation, (the "City"), and JAMES L. TRINKLE and ~URIEL KING TRINKLE, his wife, day (collectively "Trinkle"); W I TNESSETH: That for and in consideration of the conveyance by Trinkle to the City of the hereinafter described real estate, the City does hereby grant, bargain, sell and convey with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto James L. Trinkle, the following described parcel of land, to wit: The real estate at 124 Kirk Avenue, bearing Official Tax No. 1011605, and being Lots 7 and 8, Block 12, Official Survey, Sec- -tion SWl. BEING the same property conveyed to the City of Roanoke by deed from Times-World Corporation dated October 30, 1956, of record in Roanoke City Deed Book 996, page 2. And, for and in consideration of the conveyance by the City to Trinkle of the above-described real estate, Trinkle does hereby grant, bargain, sell and convey with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the City of Roanoke, the following de- scribed parcels of land, to-wit: The real estate at 118 and 124 Campbell Avenue, bearing Offi- cial Tax Nos. 1011512 and 1011509, and being Lots 11 and 8, Block 10, Official Survey, SWl, respectively. EXHIBIT A BEING the same property conveyed to James L. Trinkle by deed from Jno. M. Oakey, Inc., dated December 19, 1973, and recorded in the Office of the Clerk of the Circuit Court of Roanoke, Virginia, in Deed Book 1340 page 729. , The City is exempt pursuant to the provisions of SS58.1- 811A(3) and C(3), Code of Virginia (1950), as amended, from the payment of recordation taxes. Recordation of this deed constitutes the acceptance of the above-described properties by the parties hereto. The parties intend the exchange of properties carried out by this Deed to be a like-kind exchange of real estate as provided for under Section 1031 of the Internal Revenue Code. ATTEST: CITY OF ROANOKE, VIRGINIA, a municipal corporation Mary F. Parker, City Clerk By Noel C. Taylor, Mayor James L. Trinkle (SEAL) Muriel King Trinkle (SEAL) STATE OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: The foregoing Deed of Exchange was acknowledged before me this .. day of ...... , 1988, by Noel C. Taylor and - 2 - Mary F. Parker, Mayor, and City Clerk, respectively, of Roanoke, on behalf of that municipal corporation. My commission expires: of the City Notary Public STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) The foregoing Deed of Exchange was acknowledged before me this day of , 1988, by JAMES L. TRINKLE. My commission expires: Notary Public STATE OF VIRGINIA ) ) CITY OF ROANOKE ) To-wit: The foregoing Deed of Exchange was acknowledged before me this day of .. , 1988, by MURIEL KING TRINKLE. My commission expires: Notary Public - 3 - THIS LEASE, made this day of 1988, by and between JAMES L. TRINKLE and MURIEL KING TRINKLE, his wife, hereinafter collectively referred to as "Lessor," through C. W. FRANCIS & SON, INC., Agents, and CITY OF ROANOKE, VIRGINIA, hereinafter referred to as "Lessee," W I TNESSETH: THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained and a rental of Three Dollars ($3.00) per square foot ($2,072.22 a month), payable by Lessee, Lessor does lease unto Lessee, and Lessee does take and lease from Lessor, those certain premises being a two-story building at 124 Kirk Avenue, being a portion of Official Tax No. 1011605, includ- ing four parking spaces to be leased back to Lessee at no addi- tional rental, for a term of two (2) years, or a lesser period, as determined by the City with notice to be given Lessor as here- inafter required, commencing December 1, 1988, and expiring at midnight November 30, 1990, (provided notice is given as herein- after required) said premises to be used by Lessee for office purposes and for no other purpose without written consent of Lessor. The Lessee shall have the right to terminate the lease during the two year period with 120 days notice. It is further covenanted and agreed as follows: 1. The rental during the term of this Lease shall be pay- able each month in advance by the Lessee to Lessor's agent, C. W. Francis & Son, Inc., or successors at said Agent's Office in Roanoke, Virginia, without demand therefor. EXHIBIT B 2. Lessee, upon the payment of the rents herein specified and the performance of the covenants and agreements herein con- tained, may peaceably and quietly have, hold and enjoy the leased premises for the term aforesaid. 3. Lessor does not agree to provide Lessee with any utilities, janitor service, disposal cans, electric bulbs, fuses, or window blinds, and during the term of this Lease all such items shall be the responsibility of and at the expense of Lessee; throughout the term of this Lease the Lessor will satis- factorily provide all structural maintenance of the premises cluding the roof, gutters and downspouts and will make all re- pairs to the heating, air conditioning, electrical and plumbing systems not caused by the negligence of the Lessee or its em- ployees. The Lessee may, upon the failure of the Lessor to per- form any of its obligations under this paragraph and after thirty (30) days written notice to the Lessor Of its intention to do so, cause such repairs to be made and the Lessee may at its option de- duct the cost of any such repairs from any rent due hereunder. 4. At the expiration of the initial period covered by this Lease, Lessor, in order to terminate same and gain possession of the premises, or Lessee, at any time within the initial period, in order to terminate this lease and surrender the premises shall indicate and verify such intention to do so, by causing to be given, one to the other, a written notice at least one hundred and twenty (120) days prior to the expiration of such initial term. Such notice may be sent by regular United States mall. If this is, or shall become, a month-to-month lease, said period of - 2 - time covered by such written notice must expire on the last day of the month. 5. If the initial two-year term covered by this Lease ex- pires without the Lease being terminated by either Lessor or Lessee giving notice as aforesaid, this Lease shall automatically continue in force and effect, except, however, it shall be on a month-to-month, thirty (30) days written notice basis. 6. Lessee shall occupy said premises in accordance with State and City Building, Fire and Zoning regulations, and other applicable regulations and laws. 7. It is further covenanted that the said Lessee has examined and knows the condition of said premises and has re- ceived the same in good order and repair, except as hereinafter specified, and that no representations as to the condition of repair thereof have been made by the Lessor, or the Agent of the Lessor, prior to, or at the execution of'this Lease, that are not herein expressed or endorsed hereon. The Leased premises are to be kept clean and in good order by Lessee, and at the expiration of this Lease are to be turned back to the Lessor clean and in such good condition, ordinary wear and tear allowed for. The maintenance of the glass in the leased premises and the replacement thereof, if broken, shall be the responsibility of .the Lessee. This applies also to plate glass if the premises contain such. It is understood that Lessor is not to unstop any stopped-up sewer or waste lines in or on the leased premises, but that Lessee is to do so. Lessee covenants and agrees to take whatever precautions are necessary to prevent freezing of - 3 - pipes, plumbing fixtures, and heating plant, if any, in the leased premises, and to remove all snow promptly from public and private sidewalks abutting the premises. 8. Lessor shall not be responsible for any damage or injury to Lessee or others, or the property of either, caused by rater flowing in from the roof or any other portion of the leased pre- mises, or any other premises, or caused by smoke or soot from the leased premises, or any other premises. Nor shall Lessor be responsible for any damage or injury caused by water or other substance flowing into the basement of said leased premises, or for damage or injury caused by burst, stopped-up or leaking water pipes or fixtures, or other pipes or fixtures, in or around the premises herein leased. 9. Lessor shall not be liable for any damage or injury to any person or property at any time upon said leased premises, however the same may be caused, and Lessee hereby agrees to and does hereby assume liability for and agrees to save Lessor harm- less from any claims against said premises or its owners for damages to any person or persons or property thereon. Lessee agrees to reimburse Lessor for any reasonable policy of liability insurance that Lessor may choose to carry for the leased premises. 10. The leased premises are to be used by Lessee in the orderly and lawful carrying on of the purpose or purposes as set out and restricted herein. The premises are not to be used for any other purposes nor are they to be sublet in whole or in part, nor is this Lease to be assigned, without written permission from - 4 - Lessor. Lessee shall not allow the said premises to stand vacant or unoccupied without written permission from Lessor. 11. Lessee shall not make any major structural changes or major alterations of the property herein leased without written permission from Lessor. 12. Lessee shall, without any previous demand therefor, pay the rent reserved herein at the times and in the manner and amounts herein specif£ed for the payment thereof, and fulfill the other covenants and agreements of this Lease incumbent upon Lessee; and in event of default ou the part of Lessee to pay any rental installment when same is due as provided herein, or to fulfill any other covenant or agreement of this Lease incumbent upon Lessee, Lessor shall have the option of terminating said Lease upon five (5) day's written notice of such defaul~ and Lessor's intention to exercise said option, which said notice shall be mailed to Lessee at the said Leased Premises by ordinary mail; and upon the expiration of the five days if the rent shall then still be in default and shall mot have been paid, or if other default by Lessee shall not have been corrected, the rights of Lessee hereunder shall immediately cease and end. Or, in the event of such defaul~ by Lessee, Lessor, at Lessor's option, as alternative remedies, shall have those provided by law. 13. Lessor reserves the right of Lessor or Lessor's agent to enter upon said leased premises at all reasonable times for the purpose.of inspecting same. 14. Notice given under the provisions of this Lease by Lessor's agent shall have the full meaning and effect as though - 5 - given by Lessor. No agreement between Lessor and Lessee shall be considered to exist except as expressed in writing herein or endorsed in writing hereon. 15. In the event of damage to the leased premises by fire or other action of the elements, provided that such shall not be due to the fault or negligence of Lessee, Lessor shall within a reasonable time make repairs; provided further, however, that ia the event of such damage amounting to at least thirty percent of a total loss of either the leased premises or of the building of which the leased premises is a part, Lessor shall have the option of restoring the premises within a reasonable time or cancelling this Lease at any time after such damage on twenty-four (24) hour's notice; Lessor's decision of this option, however, to be given Lessee within fifteen (15) days after .such damage. Lessee agrees to reimburse Lessor for the expense of carrying a reason- able policy of insurance covering fire and property damage to the leased premises. 16. When the date is fixed for Lessee to vacate the premises, Lessor or Lessor's agent may, at any time within sixty (60) days prior thereto, show the premises to prospective new tenants at such time and under such conditions as would be rea- sonable and proper, and in the event the leased premises are offered for sale during the period covered by the Lease. Lessor may place a "For Sale" sign upon the premises and Lessor or Les- sor's agent may show the property to prospective purchasers at such times and under such conditions as would be reasonable and and proper. - S - 17. In event of condemnation, or imminent threat thereof, the leased premises or any portion thereof by an public or governmental authority, Lessor may at Lessor's option terminate this Lease on at least sixty (60) day's written notice prior to expiration of any rental month. 18. In the event Lessee abandons the leased premises, Lessor may declare due immediately and recover the rent for the balance of the term and may enter upon said premises and act for the protection of Lessor's interest and right and may, at Lessor's option, offer the premises for rent and rent them to the best advantage, applying the net proceeds to Lessee's obligations hereunder; or Lessor may, at Lessor's option, as an alternative remedy, enter upon the premises and act for Lessor's best interests, and then ter- minate this Lease upon five (5) day's written notice from any date. However, said notice shall not be necessary if reasonable efforts fail to locate Lessee. In either such event Lessor also shall have full recourse to remedies allowed by law. 19. No new signs or antennas shall be erected, and no signs or lettering shall be painted on or about the leased premises without permission in writing from Lessor, which permission shall not unreasonably be withheld; and in the event of permission being so obtained Lessee, upon vacating shall remove such signs and lettering and antennas at Lessee's expense without damage to the property, and restore - 7 - in a workmanlike manner that portion of the property so affected. 20. Lessee has key(s) to the leased premises and shall be responsible for the return of same to Lessor's agent. 21. Lessee shall pay any real estate taxes levied on the leased premises during the term of this Lease Agreement. IN WITNESS WHEREOF Lessor and Lessee have signed this Lease under seal this the day and year first above mentioned. LESSOR: James L. Trinkle (SEAL) (SEAL) Muriel King Trinkle ATTEST: City Clerk LESSEE: CITY OF ROANOKE, VIRGINIA By City ~anager (SEAL) - g -