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Home My WebLink About1/17/2023 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, January 17, 2023 5:00 p.m. -RECEPTION FOR SUSAN N. JOHNSON, EXECUTIVE ASSISTANT/TOWN CLERK (MUNICIPAL BUILDING LOBBY) AGENDA Consideration of: A.6:00 p.m.-ROLL CALL AND ESTABLISHMENT OF A QUORUM B.MOMENT OF SILENCE C.PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D.UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F.CONSENT AGENDA 1.Consider approval of the minutes of the Regular Meeting of January 3, 2023 G.AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1.Recognition of Susan N. Johnson, Executive Assistant/Town Clerk in her retirement– Council 2. Recognition of Cody Sexton – The Roanoker 40 under 40 for 2023 – Town Manager 3.Recognition of Chasity Barbour – Smith Mountain Lake Regional Chamber of Commerce Leadership Academy for 2022 – Town Manager 4.Roanoke Valley Chapter Daughters of the American Revolution NexTrex Plastic Film Recycling Challenge – Cindy Higgins/Sharon Menzies Bradley E. Grose, Mayor Michael W. Stovall, Vice Mayor Keith N. Liles, Council Member Sabrina M. McCarty, Council Member Laurie J. Mullins, Council Member 311 South Pollard Street Vinton, VA 24179 (540)983-0607 2 H.CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I.BRIEFINGS 1.Community Development Update – Marshall Stanley 2.Police Department 2nd Quarter Report – Chief Drumond J.ITEMS REQUIRING ACTION 1.Consider adoption of a Resolution accepting the permanent sign easements and temporary construction easements from St. Timothy Evangelical Lutheran Church and Roanoke County School, located in the Town of Vinton, and authorizing the Town Manager to execute the necessary deed of easements documents for the Hardy Road Crosswalk Project – Anita McMillan 2.Consider adoption of a Resolution accepting permanent stream restoration easements; permanent access easement; and temporary grading and construction easements from Woodland Event Center, LLC and Shirley M. Jones, located in the Town of Vinton, and authorizing the Town Manager to execute the necessary deed of easement documents for the Woodland Place Stream Restoration Project – Anita McMillan K.TOWN MANAGER’S PROJECT UPDATES/COMMENTS L.REPORTS FROM COMMITTEES M.COUNCIL N.MAYOR O.ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: January 18, 2023 – 8:00 a.m. – Public Works Committee Meeting -PW Conference Room February 7, 2023 - 6:00 p.m. – Regular Council Meeting – Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date January 17, 2023 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of January 3, 2023 Attachments January 3, 2023 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, JANUARY 3, 2023, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty Laurie J. Mullins Michael W. Stovall MEMBERS ABSENT: Keith N. Liles STAFF PRESENT: Pete Peters, Town Manager Cody Sexton, Assistant Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Andrew Keen, Finance Director Tim Lawless, Deputy Police Chief Donna Collins, Human Resources/Risk Management Director Bo Herndon, Public Works Director Chasity Barbour, Community Programs Director Jill Acker, Public Works Administrative Manager The Mayor called the meeting to order at 6:00 p.m. The Town Clerk called the roll with Council Member McCarty, Council Member Stovall, present. Council Member Liles was absent. Roll call After a Moment of Silence, Council Member Mullins led the Flag. announcements, Council Member McCarty announced the following: every Wednesday – 6:30 p.m. – Bingo; every Thursday – 6:30 p.m. – Trivia – every Friday and Saturday night – Live Music - Twin Creeks Brewery; January 6 – The Jared Stout Band; January 7 – 5 Shades of Grey; January 13 - Corey Hunley and Matt Powell and January 14 – Jordan Harman Band – all at 8:00 p.m. at Rosie’s and January 16 – half price stake – Firehouse Skate and Play. The Mayor turned the meeting over to Susan Investiture Service. Ms. Johnson then proceeded to administer the Oath of Office to Sabrina McCarty and Council Member Michael W. Stovall. After taking their Oath of Office, each made brief comments. 2 The Mayor next expressed appreciation to Council Member McCarty for serving as Vice Mayor for the past two years. After additional comments, the Mayor nominated Michael W. Stovall Mayor. Hear requiring a second, the nomination was carried by Vote 3-0-1; Yeas (3) – McCarty, Nays (0) – None; Abstain (1) – Stovall; Absent (1) - Liles. proceeded to administer the Oath of Office to Vice Mayor Stovall. Elected Michael W. Stovall as Vice Mayor for a term beginning J December 31, 2024 The next item on the agenda was the appointment of Council-appointed Officers. Vice Mayor Stovall made a motion to appoint Richard W. Peters, Jr., Town Manager; Cody Sexton, Treasurer; Peters, Jr., as Town Clerk, f February 1, 2023 and ending December 31, 2024. McCarty and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) – Liles. Re-appointed Richard W. Peters, Jr., Town ending on December 31, 2024; appointed Richard W. Peters, Jr., as Town Clerk, for a term beginning February 1, 2023 and ending December 31, 2024. The next item on the agenda was the appointment of members to the Council-appointed Committees. Council Member McCarty made a following Committees for two- December 31, 2024: Liles to the Community Development Committee; Committee and Laurie Mullins and Sabrina McCarty to the Public Works Committee. seconded by Council Member Mullins and carried by Vote 4-0; Yeas (4) – Grose; Nays (0) – None; Absent (1) – Liles. Appointed members to the Council- appointed Committees for two-year terms McCarty and Keith Liles to the Community Development Committee; Brad Grose and Mike Stovall to the Finance Committee and Laurie Mullins and Sabrina McCarty to the Public Works Committee Vice Mayor Stovall made a motion to approve the seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Nays (0) – None; Absent (1) – Liles. Approved minutes of the Regular Council Meeting of December 6, 2022; the regular meeting schedule for Calendar Year 2023 and the Calendar Year 2023; adopted Resolution No. 2528 appropriating funds in the amount of $2,169.10 received for scrap metal to the Public Works budget; adopted Resolution No. 2529 appropriating funds in the amount 3 claim made on a vehicle (Unit 1134) of the Police Department Under awards, introductions, presentations and proclamations, the next item on the agenda was the Year. After brief comments from Donna Collins, the Mayor Works Administrative Manager. The next item on the agenda was the Community Programs Update. Chasity Barbour first commented on the 2023 Town Calendar that has been mailed out to the residents. every Saturday the Lancer Lot is having Theater on Ice from 10:45 a.m. to 12 Noon and Monday through Friday each week there is open ice from 1-3:30 p.m. Chasity Barbour next commented on the 2022 statistics for the War Memorial and the Community Center. The War Memorial hosted 273 events and the Community Center hosted 394, which included paid rentals, senior programs and Town events. If already have 293 events booked at the War Memorial and 325 events at the Memorial and over 13,000 guests at the Community Center in projected to reach over $200,000 based on what we are currently doing. As of today, the revenues are approximately $135,000. that have been received this year. The next item on the agenda was to consider adoption of a Resolution Contractual Services to purchase eleven (11) Pre- empt Detectors. The Town Manager first commented the Town utilizes the interrupt traffic signals to assist with emergency services response, primarily for ambulances. Currently there are detectors on five intersections, which need to be replaced. Town Staff their advice on other i only the Roanoke County Fire & 4 Works Director, we made a determination that it would be of great benefit to not only replace the existing five detectors, but add the other six. Staff is recommending that Council consider approving the transfer of $92,618.62 to the Capital Fund Outlay to provide for the replacement and installation of 11 detectors. Campbell from Roanoke County who commented on the discuss their needs and infrastructure. The ability for them to be able to do their job starts with Council, Town Staff and this project moving forward. In responding in public safety, one of the things they have the least control over is other people and their reactions on the road when they emergency. emergency, from the 9-1-1 door step to the hospital doorstep to get aid rendered to those in need. Council Member Mullins made a motion to approve the Resolution as presented was seconded by Council Member McCarty and carried by the following roll call members voting: Vote 4-0; Yeas (4) – McCarty, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) – Liles. Adopted Resolution No. 2430 transferring Services to purchase eleven (11) Pre-empt Detectors The Town Manager commented that Staff will be providing a year in review of 2022 at the next Council meeting. Under appointments to boards/commissions/ committees, Council Member Mullins made a motion to re-appoint Mandy Fullen to the Board of Zoning Appeals to a new five-year term beginning January 17, 2023 and ending January 16, 2028 and Marshall Stanley to the Roanoke Valley Regional Cable TV Committee to replace Susan Johnson; was seconded by Vice Mayor Stovall and carried by the following roll call vote, with all memb Vote 4-0; Yeas (4) – Grose; Nays (0) – None; Absent (1) – Liles.. Re-appointed Mandy Fullen to the Board of Zoning Appeals to a new five- January 16, 2028 and appointed Marshall Johnson Under reports from Committees, Andrew Keen first commented that most of the items discussed by the Finance Committee were handled earlier in the meeting under the Consent Agenda 5 tax and Roanoke County sales tax revenues remain strong through October. October was the paving at $1.1 million. We have approximately $10 million in cash between accounts ARPA funds and Ge approximately accounts. Mr. Keen next commented that the Finance Committee account balance, which is the only non-interest bearing account. Wells Fargo approached the Town with a sweep product they currently have that would allow us to accrue interest on those funds. After Staff did their due diligence by reaching out to others that handle public funds, the decision was made to move forward with the product. At this point this produce can generate as much as $5,800 a month in interest, which can accumulate to approximately $70,000 a year. Vice Mayor Stovall made a motion to approve the October 31, 2022 Financial Report as presented; the motion was seconded by Council Member Mullins and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Stovall, Grose; Nays (0) – None; Absent (1) – Liles. Approved the October 31, 2022 Financial Report The Mayor commented on the new CodeRED implemented and reminded citizens to sign up for the service. In response to a question about how many citizens have signed up, the T 200. Also, RVTV has assisted in producing a YouTube PSA that will go live tomorrow, another recruitment tool that will be utilized through social media to encourage folks to register. The Christmas Parade and the Santa Crawl. Vice Mayor Stovall expressed appreciation to the citizens that re- Council; Council Member Mullins congratulated Vice enthusiasm and the success of the Santa Crawl and Council Member McCarty congratulated Vice Mayor Stovall and e reached out to her recently concerning her mother. Council Member McCarty made a motion to adjourn the meeting; the motion was seconded by 6 Council Member Mullins and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) – Liles. The meeting was adjourned at APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 17, 2023 Department Council Issue Recognition of Susan N. Johnson, Executive Assistant/Town Clerk in her retirement Summary Susan Johnson will be retiring as the Executive Assistant/Town Clerk effective February 1, 2023. Council will recognize her at the meeting Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 17, 2023 Department Administration Issue Recognition of Cody Sexton – The Roanoker 40 under 40 for 2023 Summary The Town Manager will recognize Cody Sexton for being included in the Roanoker 40 under 40 for 2023. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 17, 2023 Department Administration Issue Recognition of Chasity Barbour – Smith Mountain Lake Regional Chamber of Commerce Leadership Academy for 2022 Summary The Town Manager will recognize Chasity Barbour for her completion of the Smith Mountain Lake Leadership Academy. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 17, 2023 Department Administration Issue Roanoke Valley Chapter Daughters of the American Revolution (RVCDAR) NexTrex Plastic Film Recycling Challenge Community Development Update Summary Cindy Higgins and Sharon Menzies with the RVCDAR will be present at the meeting to show a bench that was received as a part of the Challenge that was completed in April of 2022 and give an update on the success of the program. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 17, 2023 Department Administration Issue Community Development Update Summary Marshall Stanley, Economic Development Specialist, will present the Community Development Update Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 17, 2023 Department Police Issue Vinton Police Department 2nd Quarter Report Summary Chief Drumond will present the 2nd Quarter (October-November-December) report for the Department Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 17, 2023 Department Planning and Zoning Issue Consider adoption of a Resolution accepting the permanent sign easements and temporary construction easements from St. Timothy Lutheran Church, real estate Tax Parcel # 061.17-03-86.00-0000 and County School Board of Roanoke County, real estate Tax Parcel # 061.17-01-52.00-0000, located in the Town of Vinton, and authorizing the execution of the deed of easements documents for the Hardy Road Midblock Pedestrian Crosswalk Project. Summary In order to construct the Hardy Road Crosswalk, permanent sign easements and temporary construction easements are needed involving two properties. The project will significantly improve pedestrian access to the school and Wolf Creek Greenway. The construction project is funded by the Virginia Department of Transportation (VDOT) Highway Safety Improvement Program (HSIP) and local funds. These much-needed easements are being donated by St. Timothy Lutheran Church, 1201 Hardy Road; and County School Board of Roanoke County – W.E. Cundiff Elementary School, 1200 Hardy Road. Attachments Deed of Easements Property plats showing the permanent sign and temporary construction easements. Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary {00493968.DOCX } 1 Prepared by: Mark C. Popovich (VSB No. 46414) Guynn, Waddell, Carroll & Lockaby P.C. 415 South College Avenue Salem, Virginia 24153 Tax Parcel ID.: 061.17-03-86.00-0000 Title Ins.: Unknown to preparer. Consideration: $1.00 Exempt from recordation taxes and fees pursuant to Sections 58.1-811(A)(3) and 17.1- 279(E) of the Code of Virginia, 1950, as amended. DEED OF PERMANENT SIGN EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS DEED OF EASEMENT is dated as of this _______ day of _________, 20__, by and between ST. TIMOTHY EVANGELICAL LUTHERAN CHURCH, a Virginia non-profit organization (“Grantor”) and the TOWN OF VINTON, VIRGINIA, a political subdivision of the Commonwealth of Virginia (“Grantee”). WITNESSETH: WHEREAS, the Grantor is the sole owner of the property shown on that certain plat attached hereto as Exhibit A, having acquired said property by deed recorded in Deed Book 1688, Page 1654 and Deed Book 985, Page 332, among the land records of Roanoke County, Virginia; and WHEREAS, it is the desire and intent of the Grantor to grant and convey unto the Grantee a permanent sign easement and temporary construction easement within an existing public utility easement upon said property as shown on that certain plat referenced herein. NOW, THEREFORE, for and in consideration of the sum of one dollar ($1.00) and the covenants herein contained, the Grantor does hereby grant and convey unto the Grantee, its successors and assigns, the following permanent sign and temporary construction easements: TAX PARCEL ID 061.17-03-86.00-0000 {00493968.DOCX } 2 A permanent sign and temporary construction easement consisting of 50 and 432 square feet, respectively, located within an existing Hardy Road public utility easement (PUE), as designed as the “Permanent Sign Easement” and “Temporary Construction Easement” as shown on the plat entitled “Plat Showing a Permanent Sign and a Temporary Construction Easement on the Property of Trustees of St. Timothy Lutheran Church, Town of Vinton, Virginia” at a scale of 1” = 40’, dated November 29, 2022, and prepared by H&B Surveying and Mapping, LLC, which plat is attached hereto as Exhibit A. Said temporary construction easements shall be for the purpose of providing a temporary construction site access required to construct the Rapid Rectangular Flashing Beacon (RRFB) sign and right-of-way improvements. Said easement is subject to the following conditions: 1. The Grantee and its agents shall have full and free use of the temporary construction easement for the purposes named herein and shall have all rights and privileges reasonably necessary to the utilization of the temporary construction easement. 2. The term of the temporary construction easement shall be for such period of time as is necessary for the Grantee to complete its construction project and the Grantee agrees that the work shall be pursued as diligently and expeditiously as reasonably possible. 3. The Grantee agrees to repair or to pay for any actual damage caused by the Grantee in the exercise of any of the rights granted herein, to the extent required by law; provided, however, that the Grantee shall not be liable for any damages caused in the temporary construction easement by the clearing of any obstacles or obstructions that interfere with the Grantee’s use of the easement as set forth herein. 4. At the conclusion of all construction work, the Grantee shall restore the area of the temporary construction easement to its state and condition immediately prior to the commencement of the project. {00493968.DOCX } 3 THIS DEED HAS BEEN PREPARED WITHOUT BENEFIT OF A FULL TITLE REPORT AND NO REPRESENTATION AS TO THE STATE OF TITLE IS MADE BY THE ATTORNEY PREPARING THIS DEED. GRANTOR: ST. TIMOTHY EVANGELICAL LUTHERAN CHURCH ________________________________ Trustee COUNTY OF ROANOKE, COMMONWEALTH OF VIRGINIA, to wit: The foregoing instrument was acknowledged before me this _________________, 20 , by _________________, on behalf of St. Timothy Evangelical Lutheran Church. My commission expires: _______________ Notary registration number: _______________ ___________________________ Notary Public {00493968.DOCX } 4 ACCEPTANCE OF DEED OF EASEMENT Pursuant to Section 15.2-1803 of the Code of Virginia (1950), as amended, Richard W. Peters, Jr., Vinton Town Manager, hereby accepts the foregoing Deed of Easement, dated _____________, 20 from the Trustees of St. Timothy Evangelical Lutheran Church to the Town of Vinton, Virginia. Given under my hand as Town Manager and authorized representative for the Town Council of the Town of Vinton, Virginia. TOWN COUNCIL OF THE TOWN OF VINTON, VIRGINIA Richard W. Peters, Jr., Town Manager Approved as to Form: Jeremy E. Carroll, Town Attorney {00493968.DOCX } 5 EXHIBIT A {00493961.DOCX } 1 Prepared by: Mark C. Popovich (VSB No. 46414) Guynn, Waddell, Carroll & Lockaby P.C. 415 South College Avenue Salem, Virginia 24153 Tax Parcel ID.: 061.17-01-52.00-0000 Title Ins.: Unknown to preparer. Consideration: $1.00 Exempt from recordation taxes and fees pursuant to Sections 58.1-811(A)(3) and 17.1- 279(E) of the Code of Virginia, 1950, as amended. DEED OF PERMANENT SIGN EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS DEED OF EASEMENT is dated as of this _______ day of _________, 20__, by and between COUNTY SCHOOL BOARD OF ROANOKE COUNTY, a political subdivision of the Commonwealth of Virginia (“Grantor”) and the TOWN OF VINTON, VIRGINIA, a political subdivision of the Commonwealth of Virginia (“Grantee”). WITNESSETH: WHEREAS, the Grantor is the sole owner of the property shown on that certain plat attached hereto as Exhibit A, having acquired said property by deed recorded in Deed Book 1657, Page 1441, and Deed Book 911, Page 611, among the land records of Roanoke County, Virginia; and WHEREAS, it is the desire and intent of the Grantor to grant and convey unto the Grantee a permanent sign easement and temporary construction easement upon said property as shown on that certain plat referenced herein. NOW, THEREFORE, for and in consideration of the sum of one dollar ($1.00) and the covenants herein contained, the Grantor does hereby grant and convey unto the Grantee, its successors and assigns, the following permanent sign and temporary construction easements: TAX PARCEL ID 061.17-01-52.00-0000 A permanent sign and temporary construction easement consisting of 50 and 420 square feet, respectively, as designed as the “Permanent Sign Easement” and “Temporary {00493961.DOCX } 2 Construction Easement” as shown on the plat entitled “Plat Exhibit Showing Permanent Sign and a Temporary Construction Easement on the Property of County School Board of Roanoke County, Town of Vinton, Virginia” at a scale of 1” = 40’, dated November 29, 2022, and prepared by H&B Surveying and Mapping, LLC, which plat is attached hereto as Exhibit A. Said temporary construction easements shall be for the purpose of providing a temporary construction site access required to construct the Rapid Rectangular Flashing Beacon (RRFB) sign and right-of-way improvements. Said easement is subject to the following conditions: 1. The Grantee and its agents shall have full and free use of the temporary construction easement for the purposes named herein and shall have all rights and privileges reasonably necessary to the utilization of the temporary construction easement. 2. The term of the temporary construction easement shall be for such period of time as is necessary for the Grantee to complete its construction project and the Grantee agrees that the work shall be pursued as diligently and expeditiously as reasonably possible. 3. The Grantee agrees to repair or to pay for any actual damage caused by the Grantee in the exercise of any of the rights granted herein, to the extent required by law; provided, however, that the Grantee shall not be liable for any damages caused in the temporary construction easement by the clearing of any obstacles or obstructions that interfere with the Grantee’s use of the easement as set forth herein. 4. At the conclusion of all construction work, the Grantee shall restore the area of the temporary construction easement to its state and condition immediately prior to the commencement of the project. THIS DEED HAS BEEN PREPARED WITHOUT BENEFIT OF A FULL TITLE REPORT AND NO REPRESENTATION AS TO THE STATE OF TITLE IS MADE BY THE ATTORNEY PREPARING THIS DEED. {00493961.DOCX } 3 GRANTOR: COUNTY SCHOOL BOARD OF ROANOKE COUNTY ________________________________ COUNTY OF ROANOKE, COMMONWEALTH OF VIRGINIA, to wit: The foregoing instrument was acknowledged before me this _________________, 20 , by _________________, on behalf of the County School Board of Roanoke County. My commission expires: _______________ Notary registration number: _______________ ___________________________ Notary Public {00493961.DOCX } 4 ACCEPTANCE OF DEED OF EASEMENT Pursuant to Section 15.2-1803 of the Code of Virginia (1950), as amended, Richard W. Peters, Jr., Vinton Town Manager, hereby accepts the foregoing Deed of Easement, dated _____________, 20 from the County School Board of Roanoke County to the Town of Vinton, Virginia. Given under my hand as Town Manager and authorized representative for the Town Council of the Town of Vinton, Virginia. TOWN COUNCIL OF THE TOWN OF VINTON, VIRGINIA Richard W. Peters, Jr., Town Manager Approved as to Form: Jeremy E. Carroll, Town Attorney {00493961.DOCX } 5 EXHIBIT A 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 17, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA A RESOLUTION ACCEPTING THE DEEDS OF EASEMENTS AND AGREEMENTS FOR PORTIONS OF CERTAIN REAL ESTATE TAX PARCEL NOS. 061.17-03-86.00-0000 AND 061.17-01-52.00-0000, (COLLECTIVELY REFERRED TO AS THE “PROPERTY”) LOCATED IN THE TOWN OF VINTON, AND AUTHORIZING THE EXECUTION OF THE DEED OF EASEMENTS. WHEREAS, on October 17, 2017, Town Council adopted Resolution No. 2220, requesting that the Roanoke Valley Area Transportation Planning Organization (RVTPO) file, on behalf of the Town of Vinton, a grant application for the allocation of funds from the FY20 Highway Safety Improvement Program (HSIP) administered by the Virginia Department of Transportation (VDOT) for the Hardy Road Midblock Pedestrian Crosswalk Project; and WHEREAS, on October 31, 2017, the HSIP grant application in the amount of $168,000.00 was submitted to VDOT for the Hardy Road Midblock Pedestrian Crosswalk Project to connect the neighborhood to the south of Hardy Road to W.E. Cundiff Elementary School and Wolf Creek Greenway; and WHEREAS, in August 2018, the HSIP funds were awarded for the Project for FY20; and WHEREAS, on December 1, 2020, staff was notified by VDOT Salem District that the Project’s cost estimates have increased; therefore, additional funding has to be requested and obtained for the Project to move forward; and WHEREAS, on July 16, 2021, staff was informed that the additional funding requested was approved, and the Standard Project Administration Agreement (PAA) between the Town and VDOT and Appendix A of the agreement were executed on August 9, 2021; and WHEREAS, in order to construct the proposed crosswalk project, of-way and temporary construction easements are needed that will affect two properties; St. Timothy Lutheran Church and County School Board of Roanoke County; and WHEREAS, the project will significantly improve pedestrian access to Wolf Creek Greenway and the W.E. Cundiff Elementary School and safety along Hardy Road; and WHEREAS, the property owners have been made aware of the Project since July 2022 and have been in conversations with Town personnel and the Town’s consultant since 2 October 2022, respectively; and WHEREAS, both property owners have agreed to donate the necessary easements to the Town for this project; and WHEREAS, Council finds it to be in the best interest of the Town of Vinton to accept the deeds and agreements to acquire the Property upon the terms and conditions stated therein. NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following: 1. The Town approves and accepts the deeds and agreements for the property and agrees to each and all of the covenants and conditions contained therein. 2. The Mayor and/or Town Manager is hereby authorized to execute all documents pertaining to the needed easements for the project, in accordance with the terms and conditions contained therein. This Resolution adopted on motion made by Council Member _____________ and seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 17, 2023 Department Planning and Zoning Issue Consider adoption of a Resolution accepting permanent and temporary stream restoration easements and an access easement for future maintenance from Woodland Event Center, LLC, real estate Tax Parcel # 070.08-01-03.00-0000, and a permanent stream restoration easement from Shirley M. Jones, real estate Tax Parcel # 060.20-03-80.00-0000, located in the Town of Vinton, and authorizing the execution of the deed of easements for the Woodland Place Stream Restoration Project. Summary Town Council Resolution No. 2446 was adopted on July 20, 2021, authorizing the Town Manager to file a grant application for the allocation of funds from the FY21 Virginia Department of Environmental Quality (DEQ) Stormwater Local Assistance Fund (SLAF) for The Woodland Place Stream Restoration Project. This project will allow the removal of pollutants (sediment, phosphorus, nitrogen, and suspended solids) in order to meet the Virginia DEQ Municipal Separate Stormwater Sewer System (MS4) Permit requirements. The Town was awarded the grant on December 22, 2021, contingent on the receipt of construction bids and approval of a final project budget based on those bids. On August 16, 2022, Wetland Studies and Solutions, Inc. (WSSI) was awarded the contract for professional engineering, construction engineering, management, and inspection services for the project. Since May 2021, Town Staff and WSSI personnel have been meeting with and still continue to have conversations with both of the property owners and/or the property owners’ representatives. These much- needed easements are being donated by Woodland Event Center, LLC and Shirley M. Jones. Attachments Deed of Easements Property plats showing the easements. Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary {00495171.DOCX } 1 Prepared by: Mark C. Popovich (VSB No. 46414) Guynn, Waddell, Carroll & Lockaby P.C. 415 South College Avenue Salem, Virginia 24153 Tax Parcel ID. No.: 070.08-01-03.00-0000 Consideration: $1.00 This deed is exempt from recordation taxes and fees pursuant to Sections 58.1-811(A)(3) and 17.1-266(E) of the Code of Virginia, 1950, as amended. DEED OF PERMANENT STREAM RESTORATION EASEMENT, TEMPORARY STREAM RESTORATION EASEMENT AND PERMANENT ACCESS EASEMENT THIS DEED OF EASEMENT is dated as of this _______ day of _________, 20__, by and between WOODLAND EVENT CENTER, LLC, a Virginia limited liability company (“Grantor”) and the TOWN OF VINTON, VIRGINIA, a political subdivision of the Commonwealth of Virginia (“Grantee”). RECITALS: WHEREAS, the Grantor is the sole owner of the property shown on that certain plat attached hereto as Exhibit A, having acquired said property by deed recorded in Deed Book 2011, Page 04501, and Deed Book 2018, Page 0364, among the land records of Roanoke County, Virginia; and WHEREAS, the Grantee, needs to perform certain work on the Property in connection with Woodland Place Steam Restoration Project (“Project”), a public works project designed to reduce sediment and E. coli loads within the Roanoke River by stabilizing the existing eroded stream on the property, a tributary of the Roanoke River, and provide for the installation of stream features and bank structures, and establishment of a riparian buffer, and perform such other work on the Property, as described herein (the “Work”); WHEREAS, Grantor desires to create certain easements for the benefit of Grantee within a portion of the Property, including without limitation: a permanent easement (the “Permanent Stream Restoration Easement”); temporary stream restoration easement; and permanent access easement on the Property in the area shown on the plat attached hereto as Exhibit A (the “Plat” and legal description) prepared by Wetland Studies and Solutions, Inc.(WSSI), dated November 28, 2022, which plat is attached hereto as Exhibit A; as approved by the U. S. Army Corps of Engineers (the “ACOE”), the Virginia Department of Environmental Quality (“DEQ”), the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (USFWS) and the associated construction plans approved by Roanoke County (the “County”), and to perform any and all work associated with said construction plans (the “Woodland Place Stream Restoration Site Plans”); and {00495171.DOCX } 2 WHEREAS, Grantor and Grantee desire to set forth other understandings and agreements with respect to the Property; and WHEREAS, the Grantee agrees that after the Work has been completed on the Property, it shall restore the Property to the same condition in which the Property existing prior to the commencement of the Work by the Grantee, as close as is reasonably practical, except the permanent stream restoration easement areas where to the necessary grading and restoration work associated with the restoration project. NOW, THEREFORE, for and in consideration of the sum of one dollar ($1.00) cash in hand paid, receipt of which acknowledged, the Grantor does hereby grant and convey unto the Grantee, the following: 1. Permanent Stream Restoration Easement. Grantor does hereby create and convey to Grantee, its successors and assigns, the Permanent Stream Restoration Easement, consisting of 37,928 square feet, in the location shown on Exhibit A. The Permanent Stream Restoration Easement shall permit the restoration, monitoring and maintenance of stream reaches within the Permanent Stream Restoration Easement Area and shall entitle Grantee to perform any and all work associated with Stream Restoration Site Plans. Grantee, its successors and assigns, shall be responsible for the maintenance of the streams located within the Permanent Stream Restoration Easement Area until the DEQ releases Grantee from any further maintenance responsibilities and shall repair any damage to the Property caused by the exercise of its rights under the Stream Easement. Grantee joins in the execution of this Deed of Easement to acknowledge and evidence its consent to such maintenance responsibility. 2. Permanent Access Easement. Grantor hereby creates, grants and conveys to Grantee the right to use the 15’ access easement (the “Permanent Access Easement”), consisting of 2,587 square feet, in the location shown on Exhibit A for purposes of accessing the Property from public roadway. (the “Public Roadway”) or pathways that the Grantor owns. Grantor agrees that the Access Easement shall provide pedestrian and vehicular access from the Public Roadway or pathway to the Permanent Stream Restoration Easement Area as well as access for construction equipment and other equipment that Grantee deems necessary for the restoration of the streams in the Stream Easement Area. Grantee shall repair any damage to the Property caused by the exercise of its rights under the permanent access easement. Grantee joins in the execution of this Deed of Easement to acknowledge and evidence its consent to such maintenance responsibility until DEQ releases Grantee from any further maintenance responsibilities. 3. Temporary Grading and Construction Easement. Grantor hereby grants and conveys to Grantee the temporary stream restoration easement “A” and “B”, consisting of 3,133 square feet, in the areas shown on Exhibit A (the “Temporary Grading and Construction Easement Area”). Grantee shall be permitted to use the Temporary Grading and Construction Easement Area as required in connection with the restoration of the streams, including with approval of the Grantor, the permanent placement of excess fill and materials generated by the restoration of the streams in the Permanent Stream Restoration Easement Area. The Temporary Grading and Construction Easement shall terminate at such time as Grantee’s monitoring and maintenance {00495171.DOCX } 3 obligations under the DEQ Stormwater Local Assistance Fund (SLAF) requirements have terminated and the DEQ releases Grantee from any further maintenance responsibilities. 4. Miscellaneous. This Deed of Easement shall be interpreted and enforced under the laws of the Commonwealth of Virginia. No modification or amendment of this Deed of Easement shall be of any force or effect unless made in writing and executed by both Grantor and Grantee and is approved by the Corps. This Deed of Easement shall run with the land and be binding upon the parties’ successors and assigns. THIS DEED HAS BEEN PREPARED WITHOUT BENEFIT OF A FULL TITLE REPORT AND NO REPRESENTATION AS TO THE STATE OF TITLE IS MADE BY THE ATTORNEY PREPARING THIS DEED. GRANTOR: WOODLAND EVENT CENTER, LLC ________________________________ Authorized Agent COUNTY OF ROANOKE, COMMONWEALTH OF VIRGINIA, to wit: The foregoing instrument was acknowledged before me this _________________, 20 , by _________________, on behalf of Woodland Event Center, LLC. My commission expires: _______________ Notary registration number: _______________ ___________________________ Notary Public {00495171.DOCX } 4 ACCEPTANCE OF DEED OF EASEMENT Pursuant to Section 15.2-1803 of the Code of Virginia (1950), as amended, Richard W. Peters, Jr., Vinton Town Manager, hereby accepts the foregoing Deed of Easement, dated _____________, 20 from Woodland Event Center, LLC, to the Town of Vinton, Virginia. Given under my hand as Town Manager and authorized representative for the Town Council of the Town of Vinton, Virginia. TOWN COUNCIL OF THE TOWN OF VINTON, VIRGINIA Richard W. Peters, Jr., Town Manager Approved as to Form: Jeremy E. Carroll, Town Attorney {00495171.DOCX } 5 EXHIBIT A {00495172.DOCX } 1 Prepared by: Mark C. Popovich (VSB No. 46414) Guynn, Waddell, Carroll & Lockaby P.C. 415 South College Avenue Salem, Virginia 24153 Tax Parcel ID. No.: 060.20-03-80.00-0000 Consideration: $1.00 This deed is exempt from recordation taxes and fees pursuant to Sections 58.1-811(A)(3) and 17.1-266(E) of the Code of Virginia, 1950, as amended. DEED OF PERMANENT STREAM RESTORATION EASEMENT THIS DEED OF EASEMENT is dated as of this _______ day of _________, 20__, by and between SHIRLEY M. JONES, “Grantor” and the TOWN OF VINTON, VIRGINIA, a political subdivision of the Commonwealth of Virginia (“Grantee”). RECITALS: WHEREAS, the Grantor is the sole owner of the property shown on that certain plat attached hereto as Exhibit A, having acquired said property by Plat Book 24, Page 124, deed recorded in Deed Book 1357, Page 951, and Will Book 2021, Page 0240, among the land records of Roanoke County, Virginia; and WHEREAS, the Grantee, needs to perform certain work on the Property in connection with Woodland Place Steam Restoration Project (“Project”), a public works project designed to reduce sediment and E. coli loads within the Roanoke River by stabilizing the existing eroded stream on the property, a tributary of the Roanoke River, and provide for the installation of stream features and bank structures, and establishment of a riparian buffer, and perform such other work on the Property, as described herein (the “Work”); WHEREAS, Grantor desires to create a permanent stream restoration easement consisting of 14,507 square feet, for the benefit of Grantee within a portion of the Property, in the area shown on the plat attached hereto as Exhibit A (the “Plat” and legal description) prepared by Wetland Studies and Solutions, Inc.(WSSI), dated November 28, 2022, which plat is attached hereto as Exhibit A; as approved by the U. S. Army Corps of Engineers (the “ACOE”), the Virginia Department of Environmental Quality (“DEQ”), the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (USFWS) and the associated construction plans approved by Roanoke County (the “County”), and to perform any and all work associated with said construction plans (the “Woodland Place Stream Restoration Site Plans”); and WHEREAS, Grantor and Grantee desire to set forth other understandings and agreements with respect to the Property; WHEREAS, this Deed of Easement shall be interpreted and enforced under the laws of the Commonwealth of Virginia. No modification or amendment of this Deed of Easement shall be of {00495172.DOCX } 2 any force or effect unless made in writing and executed by both Grantor and Grantee and is approved by the Corps. This Deed of Easement shall run with the land and be binding upon the parties’ successors and assigns; WHEREAS, the Grantee agrees that after the Work has been completed on the Property, it shall restore the Property to the same condition in which the Property existing prior to the commencement of the Work by the Grantee, as close as is reasonably practical, except the permanent stream restoration easement areas where to the necessary grading and restoration work associated with the restoration project. NOW, THEREFORE, for and in consideration of the premises and the sum of one dollar ($1.00) cash in hand paid, receipt of which acknowledged, the Grantor does hereby grant and convey unto the Grantee, its successors and assigns (the “Town”), the permanent stream restoration easement as shown on the plat attached hereto as Exhibit A. THIS DEED HAS BEEN PREPARED WITHOUT BENEFIT OF A FULL TITLE REPORT AND NO REPRESENTATION AS TO THE STATE OF TITLE IS MADE BY THE ATTORNEY PREPARING THIS DEED. WITNESS the following signature and seal: (SEAL) Shirley M. Jones COUNTY OF ROANOKE, COMMONWEALTH OF VIRGINIA, to wit: The foregoing instrument was acknowledged before me this _________________, 20 , by Shirley M. Jones. My commission expires: _______________ Notary registration number: _______________ ___________________________ Notary Public {00495172.DOCX } 3 ACCEPTANCE OF DEED OF EASEMENT Pursuant to Section 15.2-1803 of the Code of Virginia (1950), as amended, Richard W. Peters, Jr., Vinton Town Manager, hereby accepts the foregoing Deed of Easement, dated _____________, 20 from Shirley M. Jones to the Town of Vinton, Virginia. Given under my hand as Town Manager and authorized representative for the Town Council of the Town of Vinton, Virginia. TOWN COUNCIL OF THE TOWN OF VINTON, VIRGINIA Richard W. Peters, Jr., Town Manager Approved as to Form: Jeremy E. Carroll, Town Attorney {00495172.DOCX } 4 EXHIBIT A TRACT B TOWN OF VINTON INST. # 201104501 INST. # 201104502 TAX MAP NUMBER: 070.08-01-01.08 SHIRLEY M. JONES DB. 1357, PG. 951 & WB. 202100240 TAX MAP NUMBER: 060.20-03-80.00 TEMPORARY STREAM RESTORATION EASEMENT "A" TRACT A INST. # 201104501 TAX MAP NUMBER: 070.08-01-03.00 TEMPORARY STREAM RESTORATION EASEMENT "B" PERMANENT 15' ACCESS EASEMENT NI A G A R A R O A D (R / W V A R I E S ) PERMANENT STREAM RESTORATION EASEMENT BL U E R I D G E PA R K W A Y ROA N O K E R I V E R NIA G A R A R D BY P A S S R D WASHIN G T O N A V E HARD Y R D SITE SHEET 1 OF 1 Wetland Studies and Sol utions, Inc.R companyaDAVEYR 5300 WELLINGTON BRANCH DRIVE, SUITE 100 GAINESVILLE, VA 20155 PHONE 703 679 5600 FAX 703 679 5601 www.wetlands.com TOWN OF VINTON ROANOKE COUNTY, VIRGINIA SCALE: 1" = 30' DECEMBER 15, 2022 INST. # 201104501 BEING PRESENTLY IN THE NAME OF WOODLAND EVENT CENTER, LLC INST.# 201800364 AN ACCESS EASEMENT AND PERMANENT AND TEMPORARY STREAM RESTORATION EASEMENTS TRACT A ON A PORTION OF NOTES: 1.THE PROPERTY SHOWN HEREON IS IDENTIFIED AS TAX MAP PARCEL ID 070.08-01-03.00 AS SHOWN ON THE PROPERTY IDENTIFICATION MAP FOR ROANOKE COUNTY, VIRGINIA AND IS PRESENTLY IN THE THE NAME OF WOODLAND EVENT CENTER, LLC AS RECORDED IN INST. # 201800364. 2.THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT; THEREFORE NOT ALL ENCUMBRANCES TO THE PROPERTY ARE NECESSARILY SHOWN HEREON. 3.ALL RECORD INFORMATION USED IN PREPARATION OF THIS EASEMENT PLAT, INCLUDING BOUNDARIES AND EXISTING EASEMENTS, WERE PROVIDED BY THE TOWN OF VINTON. 4.THE INFORMATION SHOWN ON THIS PLAT WAS COMPILED FROM EXISTING LAND RECORDS (SEE NOTE 3) AND DOES NOT REPRESENT THE RESULTS OF AN ACTUAL FIELD RUN BOUNDARY SURVEY. 5.BOUNDARY INFORMATION SHOWN IS DERIVED FROM LAND RECORDS (SEE NOTE 3) AND HAS BEEN ROTATED TO THE VIRGINIA COORDINATE SYSTEM OF 1983, SOUTH ZONE. WOODLAND EVENT CENTER, LLC EASEMENT AREA TABULATION TEMPORARY STREAM RESTORATION EASEMENT TEMPORARY STREAM RESTORATION EASEMENT "A": 1,364 sq. ft. TEMPORARY STREAM RESTORATION EASEMENT "B": 1,769 sq. ft. TEMPORARY STREAM RESTORATION EASEMENT TOTAL: 3,133 sq. ft. VICINITY MAP SCALE: 1" = 2000' PERMANENT STREAM RESTORATION EASEMENT PERMANENT STREAM RESTORATION EASEMENT TOTAL: 37,928 sq. ft. PERMANENT ACCESS EASEMENT PERMANENT 15' ACCESS EASEMENT TOTAL: 2,587 sq. ft. SHOWING PLAT PREPARED FOR THE TOWN OF VINTON TRACT A INST. # 201104501 TAX MAP NUMBER: 070.08-01-03.00 SHIRLEY M. JONES DB. 1357, PG. 951 AND WB. 202100240 TAX MAP NUMBER: 060.20-03-80.00 LOT 41 TIMBERIDGE FARMS PLAT BOOK 6, PAGE 7 TAX MAP NUMBER: 060.20-03-54.00 LOT 42 TIMBERIDGE FARMS PLAT BOOK 6, PAGE 7 TAX MAP NUMBER: 060.20-03-55.00 NI A G A R A R O A D (R / W V A R I E S ) PERMANENT STREAM RESTORATION EASEMENT TRACT B TOWN OF VINTON INST. # 201104501 INST. # 201104502 TAX MAP NUMBER: 070.08-01-01.08 BL U E R I D G E PA R K W A Y ROA N O K E R I V E R NIA G A R A R D BY P A S S R D WASHIN G T O N A V E HARD Y R D SITE SHEET 1 OF 1 Wetland Studies and Sol utions, Inc.R companyaDAVEYR 5300 WELLINGTON BRANCH DRIVE, SUITE 100 GAINESVILLE, VA 20155 PHONE 703 679 5600 FAX 703 679 5601 www.wetlands.com TOWN OF VINTON ROANOKE COUNTY, VIRGINIA SCALE: 1" = 30' DECEMBER 15, 2022 SHIRLEY M. JONES D.B. 1357, PG. 951 AND WB. 202100240 SHOWING A PERMANENT STREAM RESTORATION EASEMENT ON A PORTION OF NOTES: 1.THE PROPERTY SHOWN HEREON IS IDENTIFIED AS TAX MAP PARCEL ID 060.20-03-80.00 AS SHOWN ON THE PROPERTY IDENTIFICATION MAP FOR ROANOKE COUNTY, VIRGINIA AND IS PRESENTLY IN THE THE NAME OF SHIRLEY M. JONES AS RECORDED IN DB. 1357, PG. 951 AND WB. 202100240. 2.THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT; THEREFORE NOT ALL ENCUMBRANCES TO THE PROPERTY ARE NECESSARILY SHOWN HEREON. 3.ALL RECORD INFORMATION USED IN PREPARATION OF THIS EASEMENT PLAT, INCLUDING BOUNDARIES AND EXISTING EASEMENTS, WERE PROVIDED BY THE TOWN OF VINTON. 4.THE INFORMATION SHOWN ON THIS PLAT WAS COMPILED FROM EXISTING LAND RECORDS (SEE NOTE 3) AND DOES NOT REPRESENT THE RESULTS OF AN ACTUAL FIELD RUN BOUNDARY SURVEY. 5.BOUNDARY INFORMATION SHOWN IS DERIVED FROM LAND RECORDS (SEE NOTE 3) AND HAS BEEN ROTATED TO THE VIRGINIA COORDINATE SYSTEM OF 1983, SOUTH ZONE. SHIRLEY M. JONES EASEMENT AREA TABULATION PERMANENT STREAM RESTORATION EASEMENT PERMANENT STREAM RESTORATION EASEMENT TOTAL: 14,507 sq. ft. VICINITY MAP SCALE: 1" = 2000' THE PROPERTY OF PLAT PREPARED FOR THE TOWN OF VINTON 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JANUARY 17, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA A RESOLUTION ACCEPTING THE DEED OF EASEMENTS FOR PORTIONS OF CERTAIN REAL ESTATE TAX PARCEL NOS. 070.08- 01-03.00-0000 AND 060.20-03-80.00-0000, (COLLECTIVELY REFERRED TO AS THE “PROPERTY”) LOCATED IN THE TOWN OF VINTON, AND AUTHORIZING THE EXECUTION OF THE DEED OF EASEMENTS. WHEREAS, on July 27, 2021, staff submitted the Virginia Department of Environmental Quality (DEQ) Stormwater Local Assistance Fund (SLAF) for The Woodland Place Stream Restoration Project that will allow the removal of pollutants (sediment, phosphorus, nitrogen, and suspended solids); and WHEREAS, on December 22, 2021, the Town was awarded the SLAF grant, contingent on the receipt of construction bids and approval of a final project budget based on those bids; and WHEREAS, in order to conduct the proposed stream improvements project, easements for permanent stream restoration and temporary stream restoration, and permanent access easements are needed that will affect two properties; Woodland Event Center, LLC, and Shirley M. Jones; and WHEREAS, the property owners were made aware of the project beginning in May 2021 and have been in conversations with Town personnel and the Town’s consultant, Wetland Studies and Solution, Inc. (WSSI) since October 2021, respectively; and WHEREAS, both property owners have agreed to donate the necessary easements to the Town for this project; and WHEREAS, Council finds it to be in the best interest of the Town of Vinton to accept the deeds of easements and agreements upon the terms and conditions stated therein. NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following: 1. The Town approves and accepts the deeds and agreements for the property and agrees to each and all of the covenants and conditions contained therein. 2. The Mayor and/or Town Manager is hereby authorized to execute all documents pertaining to the needed easements for the project, in accordance with the terms and conditions contained therein. 2 This Resolution adopted on motion made by __________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk