HomeMy WebLinkAbout8/8/2000 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 8, 2000 ORDINANCE 080800-1 AUTHORIZING A BOUNDARY ADJUSTMENT THROUGH THE EXCHANGE OF REAL ESTATE IN CONNECTION WITH THE NEW SOUTH COUNTY PARK BETWEEN THE BOARD OF SUPERVISORS (T.M.#97.01-2-11; T.M.#97.01-2-13; T.M.#97.05-1-25), MARJORIE KIDD CRAIGHEAD & JEFFREY ALAN CRAIGHEAD (T.M.#97.01-2-17.1), AND DAVID E. & VIRGINIA J. KIDD (T.M.#97.01-2-7) IN THE CAVE SPRING MAGISTERIAL DISTRICT. WHEREAS, Marjorie Kidd Craighead and Jeffrey Alan Craighead are the owners of a 14.32 -acre parcel of real estate, including Back Creek, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-17.1, adjacent to the new South County Park property owned by the Board of Supervisors of Roanoke County, Virginia, which is designated on the Roanoke County Land Records as Tax Map No. 97.01-2-11, and partially adjoins property of the Board of Supervisors, successor to the Roanoke County Public Service Authority, which is designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13; and, WHEREAS, David E. Kidd and Virginia J. Kidd are the owners of a 6.73 -acre parcel of real estate, designated on the Roanoke County Land Records as Tax Map No. 97.01-2- 7, adjacent to Starkey Park on Crystal Creek Drive owned by the Board of Supervisors, which is designated on the Roanoke County Land Records as Tax Map No. 97.05-1-25; and, WHEREAS, the Kidds currently access their property through the northwesterly corner of the Starkey Park property pursuant to a deed of easement dated October 21, 1996, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1532, page 1410; and, WHEREAS, due to potential management and operational problems, concerns raised by the Craigheads related to the boundaries and public access to Back Creek, with attendant liability, vandalism, and trespass issues, and the need to provide for adequate drainage on the Craighead property as a result of park development, staff has negotiated an agreement with the Craigheads and Kidds for the exchange of real estate and the provision of fencing materials to address the various concerns and issues; and, WHEREAS, the proposed agreement will serve the interests of the public, and the property to be acquired by the County constitutes a fair consideration for the parcels to be conveyed and the fencing materials to be provided; and, WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning this acquisition and conveyance of real estate was held on July 25, 2000, and the second reading of this ordinance was held on August 8, 2000. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That pursuant to the provisions of Section 16.10 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by exchange for alternative public property. 2. That acquisition and acceptance of a parcel of real estate, consisting of 0.948 acre, including Back Creek, along the western boundary of the property of the Board of Supervisors designated on the Roanoke County Land Records as Tax Map #97.01-2-11, said parcel being hatched and shown on the attached copy (marked Exhibit A) of a preliminary plat dated July 12, 2000, prepared by Lumsden Associates, P.C., from Marjorie Kidd Craighead and Jeffrey Alan Craighead is hereby authorized and approved. 2 3. That as consideration for the above-described acquisition, conveyance to Marjorie Kidd Craighead and Jeffrey Alan Craighead of a parcel of real estate, consisting of 0.574 acre, and being a portion in the northwestern corner of the property of the Board of Supervisors designated on the Roanoke County Land Records as Tax Map #97.01-2-13, said parcel being cross -hatched and shown on the attached copy (marked Exhibit A) of a preliminary plat dated July 12, 2000, prepared by Lumsden Associates, P.C., is hereby authorized and approved, subject to the following conditions: a. That a "New Variable Width Waterline & Sanitary Sewer Easement" be reserved and retained as shown in the detail on the above -referenced plat. b. That the 0.574 parcel to be conveyed shall be added and combined with the tract of land owned by the Craigheads, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-17.1. C. That the conveyance is to be subject to all recorded conditions, reservations, easements and restrictions affecting title to the property. 4. That as additional consideration for the acquisition, the provision of certain fencing materials, namely 150 fence posts and 1200 feet of wire fencing, are to be provided to the Craigheads to construct fencing along the new boundary line between the properties, is hereby authorized and approved. 5. That as additional consideration for the above-described acquisition, conveyance to David E. Kidd and Virginia J. Kidd of a parcel of real estate, consisting of 0.051 acre, and being a triangular parcel in the northwestern corner of the property of the Board of Supervisors designated on the Roanoke County Land Records as Tax Map #97.05-1-25, said parcel being hatched and shown on the attached copy (marked Exhibit 3 B) of a preliminary plat dated July 18, 2000, prepared by Lumsden Associates, P.C., is hereby authorized and approved, subject to the following conditions: a. That an adequate access easement, a minimum of 10' in width, for ingress to and egress from a Roanoke County Well Lot to and from Crystal Creek Drive shall be reserved and retained. b. That the conveyance is to be subject to all recorded conditions, reservations. easements and restrictions affecting title to the property, including but not limited to any and all access easements conveyed to other property owners for ingress and egress to and from Crystal Creek Drive. C. That the 0.051 acre parcel to be conveyed shall be added and combined with the tract of land owned by the Kidds, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-7. 6. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions on behalf of the Board of Supervisors of Roanoke County as may be necessary to accomplish the property exchange, specifically including the acquisition and conveyance of the respective properties herein described, all of which shall be approved as to form by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 4 A COPY TESTE: Mary H. AI en, CMC/AAE Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks, Recreation & Tourism Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. 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J Wool f � la 1 oE22 � g.JI 07 h J. _a 1 rr I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 8, 2000 RESOLUTION 080800-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 1. That the certain section of the agenda of the Board of Supervisors for August 8, 2000, designated as Item I - Consent Agenda be, and hereby is approved and concurred in as to each item separately set forth in said section designated Item 1, inclusive, as follows: 1. Confirmation of committee appointment to the Social Services Advisory Board. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisor cc: File A -080800-2.a ACTION NO. ITEM NUMBER — % AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 8, 2000 AGENDA ITEM: Confirmation of Committee Appointment to the Social Services Advisory Board COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION SOCIAL SERVICES ADVISORY BOARD Supervisor McNamara has nominated Raymond C. Denny, Windsor Hills Magisterial District, to serve another four-year term which will expire August 1, 2004. STAFF RECOMMENDATION It is recommended that the above nomination be confirmed. Respectfully submitted, Approved by, 11 Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Joseph McNamara to approve cc: File Social Services Advisory Board File 1 VOTE No Yes Abs Church — x _ Johnson _ x — McNamara_ x _ Minnix _ x Nickens — x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 8, 2000 RESOLUTION 080800-3 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None ABSENT: Supervisor Minnix cc: File Closed Session File A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 8, 2000 RESOLUTION 080800-4 MEMORIALIZING THE VIRGINIA GAS PIPELINE COMPANY, EAST TENNESSEE NATURAL GAS COMPANY AND THE DUKE ENERGY CORPORATION TO CONSTRUCT A NATURAL GAS PIPELINE ON A CORRIDOR ALREADY IN EXISTENCE AND OPERATION IN ROANOKE COUNTY, VIRGINIA WHEREAS, we, the members of the Roanoke County Board of Supervisors, petition the executive officers and shareholders of the Virginia Gas Pipeline Company and Duke Energy Corporation as follows: WHEREAS, Virginia Gas Pipeline Company is in the possession of certain easements that traverse the peaks and ridges of rural undeveloped southwest Roanoke County, including the Blue Ridge Parkway and Poor Mountain region as well as other urban areas in southwestern Roanoke County for the purpose of constructing a natural gas pipeline through these areas; and WHEREAS, the Roanoke County Board of Supervisors and the citizens of Roanoke County strongly urge the Virginia Gas Pipeline Company to cease any further surveying and clearing of land and to initiate and participate expeditiously in a dialog with Duke Energy Corporation with the intent to establish an agreement whereby the new construction of a natural gas pipeline will co -exist in the corridor already in existence and operation in Roanoke County; and WHEREAS, the Virginia Department of Conservation and Recreation has previously made a request to the Virginia Gas Pipeline Company to seek the utilization of an existing pipeline corridor for the construction of a new gas pipeline in Roanoke County; and WHEREAS, the Duke Energy Corporation has established a public policy whereby Duke Energy Corporation is committed to stewardship of our communities and environment, and has a long history of advocating and building for the environment and cares deeply about how its business operations enhance the quality of life in the community and the impact of its operations on the environment; and WHEREAS, Duke Energy Corporation is a corporate leader in the utilities and energy industry and has the wherewithal through its ownership of a certain easement and established corridor for the purpose of transporting natural gas, can make available to Virginia Gas Pipeline Corporation the space necessary for the construction of a natural gas pipeline to coexist on a corridor already in existence through Roanoke County; and WHEREAS, the citizens of Virginia and particularly Roanoke County wish to preserve for perpetuity its natural wildlife and mountain ridges and peaks in a natural state and protect the views of the peaks and ridges of this beautiful country; and WHEREAS, the peaks and ridges that make up the Blue Ridge Parkway, Poor Mountain, and Twelve O'Clock Knob area of southwest Roanoke County are some of the most prominent peaks and ridges in Roanoke County and the Poor Mountain Natural Wildlife Preserve is a treasured state preserve and this area should be protected from any further development of new corridors for gas pipelines in this vicinity of Roanoke County; and WHEREAS, it is incumbent upon utility corporations to seek and resolve issues to coexistence through established corridors previously approved by the Virginia State Corporation Commission; and WHEREAS, the Roanoke County Board of Supervisors recognizes the current "eminent domain" notification process established by the Virginia State Corporation N Commission for corporations seeking permission to obtain rights of way through property owners of private land does not notify and inform the effected property owners of private land until after approval of rights of way by the State Corporation Commission; and BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, respectfully urges and requests the immediate cooperation between the Virginia Gas Pipeline Company and Duke Energy Corporation, the parent company of the East Tennessee Natural Gas Company, for the establishment of a new natural gas pipeline in a corridor already in operation, for the good of the natural wildlife and mountain peaks and ridges in Roanoke County; and BE IT FURTHER RESOLVED that suitable copies of this Resolution, duly authenticated by the Roanoke County Board of Supervisors, be transmitted to the Virginia Gas Pipeline Company, the East Tennessee Natural Gas Company, the Duke Energy Corporation, the Virginia State Corporation Commission, and the Virginia General Assembly delegates and senators representing Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution as amended, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None ABSENT: Supervisor Minnix A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney John M Chambliss, Jr., Assistant County Administrator Virginia Gas Pipeline Company East Tennessee Natural Gas Company Duke Energy Corporation Virginia State Corporation Commission Virginia General Assembly delegates and senators representing Roanoke County, n