HomeMy WebLinkAbout1/17/2012 - Regular Bradley F. Grose, Mayor p Vinton Municipal Building
Robert R.Altice, Council Member Ttr, 311 South Pollard Street
Carolyn D.Fidler,Vice Mayor Z Vinton,VA 24179
Matthew S. bare, Council Member ," (540)983-9597
William"Wes" lance, Council Member �
1884 "
Vinton Town Council
Regular Meeting
Tuesday, Janivary '17, 212
AGENDA
Consideration of:
A. 7:00 p.m. - ROLL CALF. AND ESTABLISHMENT OF A QUORUM
B. MOMENT OF SILENCE
C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
D. CONSENT AGENDA
w Consider approval of minutes for the regular Council meeting of December
2 , 2011.
2; Consider adoption of a Resolution reappointing ,James Warren Childress, II
to the Highway,Safety Commission.
. Consider adoption of a Resolution reappointing Fred L. Swisher to the
Highway Safety Commission.
E. AWARDS, RECOGNITIONS, PRESENTATIONS
I, Officers of the Month for December, 2011 — MPO Scott Hurt, Officer
r
Stephen Foutz and Officer Michael Byrd.;
F. CITIZENS' COMMENTS AND PETITIONS -This section is reserved for comments
and questions for issues not listed on the agenda.
G. TOWN N ATTORNEY
H. TOWN MANAGER,
BRIEFINGS-�NONE
ITEMS REQUIRING ACTION -COLD BUSINESS
1 Consider action on William Byrd High School's final design and location of
the electronic message board monument sign within the right-of-way owned
by the Town at the intersection of Washington Avenue and Bypass Road.
2, Consider adoption of an Ordinance to amend Ordinance No. 915 and Deed
of Easement, approved on June 21, 2011, relating to conveyance of an
access easement to Ella B. Ayers to amend the amount of insurance
coverage.
1. MAYOR
J. COUNCIL
K. ADJOURNMENT
L. WORK SESSION
1. Briefing on proposed use of Vinton Health Department Building.
Z Further update on War Memorial Business Plan.
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.
NEXT TOWN COUNCIL MEETINGS:
• February 7, 2012— Regular Council Meeting — Council Chambers
• February 21, 2012 — 6:30 p.m. — Council in the Neighborhood Meeting — W, E.
Cundiff Elementary School, 1200 Hardy Road
2
MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7.00 P.M.
ON TUESDAY, DECEMBER 20, 2011, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
MEMBERS PRESENT: Bradley E. Grose, Mayor
Carolyn D. Fidler, Vice Mayor
Robert R. Altice
Matthew S. Hare
William W. Nance
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Theresa Fontana, Town Attorney
Susan N. Johnson, Town Clerk
Consuella Caudill, Assistant Town Manager/Economic
Development Manager
Ben Cook, Police Chief
Joey Hiner,Assistant Public Works Director
Lijah Robinson, Accounting Manager
The Mayor called the meeting to order at 7:00 pm. Roll call
The Town Clerk called the roll with Council Member
Altice, Council Member Hare, Council Member Nance,
Vice Mayor Fidler, and Mayor Grose present.
The Mayor welcomed those in attendance and after
a Moment of Silence, Mr. Altice led the Pledge of
Allegiance to the U.S. Flag.
Under consent agenda, the Town Manager commented Approved minutes of December 6,
on his appointment to the Roanoke Valley Resource 2011 and December 8, 2011;
Authority. Upon the resignation of Mike Kennedy and adopted Resolution No. 1947
during the process of hiring a Public Works Director, he is reappointing Robert W. Benninger
requesting to be appointed in the interim so that the to Vinton Board of Appeals,
Town will have a voting member on the Board. Upon adopted Resolution No. 1948
motion by Mr, Hare, seconded by Mr. Nance, with a 5-0 appointing Christopher &
vote, Council approved the consent agenda as Lawrence to Roanoke Valley
presented. Resource Authority
Mr. Nance read a letter from Chief Cook naming
Officer Stephen Foutz as Officer of the Month of
November.
The next item on the agenda was to conduct a Public
Hearing on the request from Appalachian Power
Company, a Virginia corporation, a unit of American
Electric Power, (AEP) to purchase from the Town certain
permanent rights of way and easements for the
Huntington Court Transmission Line.
The Town Manager made opening comments that a
new 138kV power line is needed to support and provide
continuity of power to the Huntington Court substation.
The original easement documents were amended to
remove references to allowances of guy wires in all
easements and to state that a greenway is permitted
within easement No. 37 on Walnut Avenue provided it
does not interfere with the operations of the power line.
Surveys and appraisals have been completed on the
properties owned by the Town and AEP and the Town
have agreed on a final offer of $126,205 for six
easements.
The final easement documents were reviewed by our
Town Attorney and AEP's Attorney and some
amendments were made regarding indemnification and
insurance requirements. Ms. Fontana; Town Attorney,
explained that the insurance provisions were amended
to omit a specific amount of coverage, but that the
easements would be adequately insured for any type of
problems that could arise within the easement
premises.
The Mayor ripened the Public Hearing. There were no
public comments. Mr. Hare asked when construction
would begin and Tom Rotenberry with AEP answered
in the first quarter of 2012 and would take 10 to 12
months to complete. The target date to be completed
is December of 2012. Mr. Nance and Mayor Grose
expressed appreciation to Staff and AEP for working
together to come up with a final agreement.
The Mayor then closed the Public Hearing. Upon Adopted Ordinance No. 929
motion by Mr: Altice, seconded by Vice Mayor Fidler, approving purchase and
with a 5_0 vote; the Ordinance was adopted as conveyance of rights of way and
presented. easements to AEP for the
Huntington Court Transmission
Line
The Town Manager announced the appointment of
Joey Hiner as the Interim Public Works Director and
that he will report directly to Consuella Caudill,
Assistant Town Manager;
The Mayor commented that due to the fact that there Approved combining two Council
are no significant items for the January 3, 2012 regular meetings in January into one
Council meeting, that the two meetings in ,January be meeting on January 17, 2912,
combined into one meeting on January 17, 2012. Mr.
Hare asked about meeting on January 13, 2012. He
will not be at the January 17, 2012 meeting.: The Town
Manager indicated that his plans were to present the
Water Study at the first meeting in February. After
further discussion, upon motion by Mr. Hare, seconded
y Mr. Nance, with a 4-0-1 vote, with Vice Mayor Fidler
abstaining, the motion passed.
The Mayor commented that the City of Roanoke is
using power poles for traffic signage and he asked the
Town Manager to follow up on the matter and report
back to Council. The Mayor then expressed holiday
wishes to Council, staff and citizens.
Mr. Hare made brief comments on the Financial Report Approved Financial Report of
for October and upon motion by Mr. Hare, seconded by October 2011
Mr. Nance, with a -0 vote, the report was approved as
presented
Comments by Council Members: Mr. Hare commented
on the white and black pasts in the middle of
intersections that either need to be painted or removed.
The Town Manager indicated that he would work with
Public Works to evaluate the current pasts and
consider other options and Mr. Hiner indicated that he
has it on his to do list.
Mr. Nance acknowledged all the Town employees,
specifically mentioning Chief Cooley, Darlene Miley
and Mike Kennedy who left the Town this year. He
expressed appreciation to Susan Johnson, Town Clerk,
and best of luck to Chief Cook in his new position and
to Joey Hiner in his interim position. He commented
can growth in the Town and on the significant investment
for the future Vinton Library. He mentioned Sam
Cundiff and the Obenchain family, The Mayor
commented as well can Billy Obenchain and the
contributions he made to the Town. Mr. Altice wished
everyone a Merry Christmas and Happy New Year.
Vice Mayor also extended holiday wishes and reminded
everyone of the New Year's Eve gala at the liar
Memorial sponsored by the Chamber of Commerce.
Upon motion by Mr. Hare, seconded by Mr. Nance, with
a -0 vote, the meeting was adjourned at 7.45 p.m.
APPROVED;
Bradley E. Grose, Mayor
ATTEST:
Susan N. Johnson, Town Clerk
S
RESOLUTION NO.
AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY,
JANUARY 17, 2012, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING,311 SOUTH POLLARD STREET,VINTON, VIRGINIA.
WHEREAS, James Warren Childress, 11's three-year term on the Vinton Highway Safety
Commission will expire on February 4,2012; and,
WHEREAS, according to the Highway Safety Commission's By-laws, members are appointed
for three-year terms by the Town Council and may be appointed to succeed
themselves in office; and,
WHEREAS, Mr. Childress has been contacted and is willing to continue serving on this
Commission, subject to reappointment by Town Council.
NOW,THEREFORE, BE IT RESOLVED,that the Vinton Town Council does hereby reappoint
James Warren Childress, 11 to a new three-year term on the Vinton Highway Safety Commission
that will run from February 5,2012 through February 4, 2015.
This Resolution adopted by consent 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, Town Clerk
RESOLUTION NO.
AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY,
JANUARY 17, 2012, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING,311 SOUTH POLLARD STREET,VINTON,VIRGINIA.
WHEREAS, Fred L. Swisher's three-year term on the Vinton Highway Safety Commission will
expire on February 4, 2012; and,
WHEREAS, according to the Highway Safety Commission's By-laws, members are appointed
for three-year terms by the Town Council and may be appointed to succeed
themselves in office; and,
WHEREAS, Mr. Swisher has been contacted and is willing to continue serving on this
Commission, subject to reappointment by Town Council,
NOW,THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby reappoint
Fred L. Swisher to a new three-year term on the Vinton Highway Safety Commission that will run
from February 5,2012 through February 4,2015.
This Resolution adopted by consent 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, Town Clerk
Vinton Police Department
311 9ol1TH POLLARD STREET
VINTON, VIRINIA 24179
BENJAMIN L.COOK
PHONE (540) 983-0617 CHIEF of POLICE
FAX (540) 983-0624
A State Accredited Agency
To: MP« Scott Hurt, Officer Stephen Foutz, Officer Michael Byrd
From: Benjamin L. Cook; Chief of Police
Date; January 9, 2012
Subject: Officers of the Month - December 2011
Congratulations! You have been nominated and selected as Officers of the Month for
December 2011.
Can December 17, 2011, you responded to a call of an elderly female having difficulty
breathing. As stated in a fetter of commendation received from the Vinton First Aid
Grew, you had to farce entry into the residence to gain access to the victim and found
an elderly female that had stopped breathing. You assisted rescue by holding Ws,
providing light for them in low light conditions, gathered equipment,ment, and obtained
necessary information about the patient.
The First Aid Crew was very appreciative of your efforts and 1 want to commend you as
well for your dedication to duty and continued service to the community. Keep up the
good work!
TO: TOWN COUNCIL
a-_
FROM:: Christopher S. Lawrence Town Mann r
DATE January 13,2012
SUBJECT. WBIS Electronic Message Board Sign
ISSUE/PURPOSE:
Roanoke County Public Schools has submitted the details requested by Town Council for the
electronic message board sign proposed for installation at the intersection of Washington
Avenue and Bypass Road,
The MOU requires that the sign location and angle of the sign structure be designed to
maximize safety, visibility, and conform to the site triangle visibility standards set forth in the
Town Code,Appendix B,Sec, -11 and:Sec. -43,1(d)a Town staff has reviewed the location
in its relationship to the intersection and has determined that the location does not interfere
with the site triangle visibility standards. It is set 2 -feet off of edge of curb from Washington
Ave. and 30-feet of off Bypass Road. It is also 33-feet off of the old Preston load (driveway)
to the rear of the sign. The location is oriented to be primarily seen be vehicles traveling East
on Washington Avenue as they approach the intersection. The sign is visible as you pass the
entrance to River Park shopping Center and becomes more legible as you get closer. The sign
is also oriented to be visible and legible traveling West on Washington avenue,primarily as
you sit in the turn lane to turn left onto Bypass Road as well as continuing to travel West on
Washington Ave.
The MOU also requires that the sign structure be no larger than6-feet in height and -feet in
width. As submitted, the design drawing states the height and width of both sides of"the sign
conform to this standard. The sign will constructed of brick and will have a "precast
concrete cap. The sign will be a V-shaped sign with a maximum angle of30-degrees in
conformance with the Town.Code, Landscaping will be installed after the sign is constructed
in after consultation with the immediate neighbors. The landscaping will be inspected after
installation to ensure conformance with the MOU. All other standards related to lighting
standards and content will be inspected after installation.
It is staff s determination that all requirements on the MOO have been met.
ACTION QUESTED: For the Town.Council to take final action on the proposal.
DATE ACTION NEEDED: January 17, 012
RESOLUTION NO, 1940
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
SEPTEMBER 20, 2011, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING,311 SOUTH POLLARD STREET, VINTON,VIRGINIA.
WHEREAS, the Roanoke County School Board, specifically William Byrd High School proposes to
build an electronic message board monument sign in the Town of Vinton's right of way
located at the intersection of Washington Avenue and Bypass Road; and
WHEREAS, the sign will serve as a public community information sign for the schools, the Town
government and the Vinton Area Chamber of Commerce; and
WHEREAS, the Roanoke County School Board will enter into a Mernorandurn of Understanding
setting forth the conditions controllingthe construction and maintenance of the sign; and
1
WHEREAS, the design, location,and message board lighting will conform to all Town Code standards
set forth in the Zoning Ordinance.
NOW THEREFORE, >BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON,
VIRGfNIA, as follows:
I The Memorandum of Understanding is hereby approved in a form substantially similar to the
Memorandum of Understanding attached hereto as amended at this Council meeting; and
2, The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to
deliver the Memorandum of Understanding and any other necessary documents in furtherance of
the same; and
3, The Memorandum of Understanding and any other necessary documents shall be in form
approved by the Town Attorney,
This Resolution shall be effective from and after the date of its adoption,
This Resolution adopted on motion made by Council Member Nance and seconded by Council
Member Fidler, with the following votes recorde&
AYES: Altice, Fidler, Hare,Nance, Mayor Grose
NAYS. None
APPROVED:
alley E, e, Mayor -
ATTEST:
A
JU
wj
Susan N.Johnson, wn Clerk
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding made this 27 day of October, 2011, by and
between the Roanoke County School Board ("School Board") and the Town of Vinton, Virginia
("Town"),
The School Board and the Town agree as follows:
The School Board proposes to construct an electronic message board monument sign
("EMBMS")within the right-of-way owned by the Town at the intersection of Washington Avenue
and Bypass Road, This location is more specifically identified on the attached site map.
As proposed, the sign will be a monument sign with a masonry base and the electronic
sign attached above. The sign will be a v-shaped sign, whereby two faces Will be constructed,
each facing Washington Avenue and Bypass Road respectively. Final location and angle of
sign structure will be determined by the contractor/designer to maximize visibility, minimize
safety issues, and conform to site triangle visibility standards set forth in the Town Code,
Appendix B, Sec. 5-11 and Sec. 5-43.1(d). This final location must be approved by Town
Council prior to construction.
The final sign design will be determined by the School Board and also requires the
Vinton Town Council's approval to ensure conformance with the following conditions:
I. Maximum size of the sign, to include its base, will be 6-feet in height and 8-feet in
width as measured in conformance with the definition of "sign area" in the Town
Code,Appendix B, Sec, 5-41(20).
2. The base of the monument sign will be landscaped With mulch, In addition,
evergreen vegetation will be installed behind the sign to shield it from the
adjacent single-family homes.
3. The School Board will consult with the immediately adjacent property owners to
the rear of the sign to allow input into the final landscaping design. This shall be
completed within 60 days of the completion of the installation of the sign,
4. The hours of the EMBMS shall be limited as follows:
A. Operating times'. 5am-11prn
B. Sign turned off., III -yam
5. The School Board will be responsible for the maintenance of the landscaping
around the sign. Maintenance will include, but not be limited to replacement of
any dead evergreen and mulch as needed and/or removal of debris and lifter.
The Town will continue to maintain the grass areas within the adjacent right-of-
way,
63 The School Board will manage the sign message board content and agrees to
allow public announcements from the Town of Vinton and the Vinton Area
Chamber of Commerce. Announcements will meet School Board policies:
7 The message board lighting shall conform to all Town sign standards, including
intensity of illumination, glare, frequency of changing message, interference with
traffic control device, sight lines, and sight visibility at the intersections. Zoning,
electrical, and any other applicable permits will be submitted to the Town by the
School Board for review and approval of the Town and Roanoke County
applicable departments.
8. The following properties are located behind the sign:
a. Parcel I 06113-04-17.00-0000
b, Parcel ID 061.13-04- &00.0000
C. Parcel ID 061.13-04-19.00-0000
d. Parcel ID 061,13-04-20.00.0000
If any of these adjacent properties are redeveloped for commercial use and the
Town maces a determination that the right-of-way is required for said commercial
development, the sign shall be removed by the School Board. The School Board
Will incur all costs associated with this removal. Removal must be completed
within 60 days of written notice by the Town.
9: If the Town determines the right-of-way is needed for any other public purpose,
such as, but not limited to, public safety, road widening, intersection
enhancements, or utility line installation, the School Board agrees to remove the
sign. The School Board will incur all costs associated with this removal.
Removal must be completed within 60 days of written notice by the Town.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum of
Understanding on the day and year first above written.
ROAN! QU SCHOOL BOARD
By
4)AWP ,44. Lot GSM. 44A u�ty c cad
Printed Name and Title
TOWN VI N; IRCI
By `
C e sto e S. LavvKeKce, Town Manager
2
TOWN OF VINTON
311 S. Pollard Street v Vinton, VA 24179
PERMIT NO, DATE—JL��O t10 Lk
PERMIT FOR: VALID BUSINESS LICENSE?
ZONING )Value $_Fee License#:
SIGN N)Value $ b n Fee Locality:
OTHER )Value $—.-_Fee (Require local license if value over$26,000)
Total Fee
PROPERTY OWNER:
APPLICANT
PERMIT FOR:(include dimensions) 1111 101,
5:
)New Alteration Addition Accessory E31dg, )New Business )Home Occupation
15
ADDRESS
LOT BLOCK SECTION—SUBDIVISION
ZONING DISTRICT_. T AX MAP#
INFORMATION ON APPLICANT.
Name (21 ''N I
Mailing Address,City,State,Zip_ ?�tff�
Telephone Cell
-
State License,_ Expires
VERIFICATION OF RESPONSIBILITY,SERVICE AND CONNECTIONS
Water Sewer
(Developer assures finished floor elevation is accessible to sanitary sewer)
Solid Waste Storm Drainage
Erosion and Sediment Control
I hereby submit this application for said permit,and cert' t I ill ob a e at a I v e is of the Code of the Town of
Vinton and any Federal,State,and Local laws. 1 .0
wrier or Au---pp.6m it
Approved By:
For questions on BUILDING CODE call(540)772-2065
For questions on ZONING call(540)983-0601
COPY DISTRIBUTION:
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TO: TOWN COUNCIL
FROM: Christopher S. Lawrence, Town Manager
DATE: January 13,2012
SUBJECT: 605 Maplewood Dr. Easement
ISSUE/PURPOSE:
The original casement was approved by Town Council on June 21, 2011, allowing an access
easement over town property to clear up title issues. The easement was written to require
two-million dollars of liability insurance by the homeowner to cover the town as an
additional insured. Ms. Kathy Stafford attempted to purchase the insurance coverage and
received quotes that appeared to be excessive and were well over$1,000 per year for the
policy. After contacting the town, staff researched and determined that two-million dollars of
insurance is typical for commercial liability needs. However, after discussion with legal
counsel and staff, a more appropriate amount of insurance for residential liability is one-
million dollars. This is much more affordable and easier to acquire for instances such as this.
This amount is also sufficient to cover and protect the town's liability. It is believed that the
sale of the property has been impacted by this requirement.
To this end,we are recommending that the specific reference to an insurance amount be
removed from the deed of easement. The deed will still require insurance, but it will be
determined by staff as to the appropriate amount, in this case,one-million dollars.
ACTION REQUESTED: For the Town Council to take action on the proposed casement.
DATE ACTION NEEDED: January 17, 2012
LEGEND
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POWER POLE
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PHYSICAL IMPROVEMENT SURVEY FOR DATE MAY 5, 2i31 s
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EULA B. AYRES
LOB' 155, BLOCK 7, MAP NOA L.TATD 'NWOOD
PLAT BOOR 3, PAGE 191 �FV�,VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA �,�°"
CURRENT OWNER: EULA B. AYRES a
STREET ADDRESS IS: 605 MAPLEWOOD DRIVE
SCALE. 1 40' ALb R, CLARh:
No, 174
NOTES:
PREPARED BY, <
CLARK SLT.RVEYN� TAX 61.15 O3 72 '�
SOURCE OF TITLE: WB, 4 1.37 �' s u sz
P,O. BOW 5575 NO TITLE REPORT FURNISHED
MAN?XE VIRGINM PROPERTY IS DESIGNATED AS
PVONE�' (540) 36Z—fOO2 F.E,M.A, DEFINED ZONE X, UNSHADED.
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
JANUARY 17, 2012, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING,311 SOUTH POLLARD STREET,VINTON,VIRGINIA,
AN ORDINANCE approving the conveyance of a certain non-exclusive access easement
("Easement Premises") as set forth in the revised Deed of Easement attached hereto as Exhibit A and
located on property owned by the Town of Vinton, Virginia, said property more specifically described as
Well Tract 16 of Map #4 Lindenwood, Plat Book 3, Page 191, Vinton Magisterial District, Roanoke
County, Virginia("Town Property"); and
WHEREAS, Eula B. Ayres("Grantee"), has requested access to the Easement Premises along an
existing driveway located on Town Property in order to access her property located at 605 Maplewood
Drive-, and
WHEREAS,the Town wishes to provide access to the Easement Premises pursuant to the Terms,
Conditions, and Provisions of the Deed of Easement set forth in Exhibit A; and
WHEREAS, the Town previously approved the easement (Ordinance No. 915, adopted on June
21, 2011), but the Grantee requested that the amount of insurance coverage be removed from the
easement document and the Town has agreed; and
WHEREAS, the Town Council held a public hearing on Tuesday, June 21, 2011, for public
comment on the proposed non-exclusive access easement;
NOW THEREFORE, BE IT HEREBY ORDAINED by the Council of the Town of Vinton,
Virginia, that:
I. The Town Manager and the Town Clerk are hereby authorized, for an on behalf of the
Town, to execute and attest, respectively, the necessary documents, including a deed of easement,
conveying the non-exclusive easement.
1 All documents necessary to accomplish this acceptance shall be in form approved by the
Town Attorney.
This ordinance shall take effect immediately upon passage,
This Ordinance 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, Town Clerk
Prepared by:
Theresa J, Fontana
GUY NN, MEMMER& DILLON, P.C.
415 S, College Ave.
Salem, Virginia 24153
1-1.0. Box 20788
Roanoke, Virginia 24018
Tax Map No. 061:15-03-73.00-0000
THIS CONVEYANCE IS EXEMPT FROM THE GRANTOR'S TAX IMPOSED BY
SECTION 58.1-802 PURSUANT TO SECTION 58,1-811(C)(4) OF THE CODE OF
VIRGINIA (1950), AS AMENDED.
THIS DEED OF EASEMENT is made this _ day of January, 2012, by and between
THE TOWN OF VINTON, VIRGINIA, a Virginia municipal corporation, the GRANTOR, and,
EULA B. AYRES, the GRANTEE, whose address is: 605 Maplewood Drive, Vinton, VA
24179.
WITNESSETH:
WHEREAS, the Grantor is the owner of property identified as Tax Map No. 061.15-03-
73.00-0000, Vinton, Virginia 24179, hereinafter referred to as the "Town Property," and more
fully described as Well Tract 16 of Map #4 Lindenwood, Plat book 3, Page 191, Vinton
Magisterial District, Roanoke County, Virginia, Tax Map# 061,15-03-73.00-0000; and
WHEREAS, Grantee has requested access to the Town Property in order to access
Grantee's property located at 605 Maplewood Drive, Vinton, Virginia 24179, hereinafter
referred to as "Grantee's Property," and more fully described as Lot 15, Block 7 of Map #4,
Lindenwood, Plat Book 3, Page 191, Vinton Magisterial District, Roanoke County, Virginia
Tax Map# 61.15-03-72.00-0000; and
WHEREAS, the Grantor wishes to provide Grantee access to the Town Property for the
limited purpose as set forth herein;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, Grantor does hereby grant and convey unto Grantee a non-exclusive access easement as
shown on the map entitled "Physical Improvement Survey for Eula B. Ayres, Lot 15, Block 7,
Map No. 4, Lindenwood" showing a 10 foot easement consisting of a concrete driveway along
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the common boundary line of the Town Property and Grantee's Property, dated May 5, 2011,
and prepared by Clark Surveying, which map is attached hereto and incorporated herein as said
Exhibit A.
TERMS, CONDITIONS,AND PROVISIONS
I Use. Grantee may utilize and occupy the Town Property for the sole purpose of
accessing Grantee's Property by way of an existing driveway located on the Town Property as
depicted in Exhibit C.
1 Town's RigLs. Grantee acknowledges that this non-exclusive access casement is
being granted solely to allow Grantee to access Grantee's Property by way of an existing
driveway over the Town Property and that Grantor is the owner of the Town Property described
herein. Grantee acknowledges that its right to use the Town Property is limited to access only
and that Grantee's use of the Town Property shall always be subordinate to Grantor's rights in
the Town Property. Grantor reserves the right to use and enter upon the Town Property for
Grantor's purposes at any time at its discretion. Grantee agrees that Grantor shall not be liable
for any damage to personal property of Grantee or its guests located on Town Property nor shall
Grantor be responsible for any damage to the driveway located on Town Property under any
circumstances.
1 Restrictions on Use. Grantee shall not use the Property in any manner which, in
the sole opinion and discretion of Grantor, will or may interfere with the Town's facilities, use of
its property, or may cause a hazardous condition to exist. Grantee shall not cause or permit any
waste, damage, or alteration of the Property without the written permission of Grantor. Other
than routine maintenance of the current driveway to Grantee's property, Grantee shall not
enlarge the driveway located on Town Property, or install any type of building, structure, fence,
gate, shelter, attachment, or other improvement without the prior written permission of Grantor.
4. Grantor's Right to Cure. Grantor may, at its sole discretion, remove or cause to
be removed by it or its contractors, agents, or vendors, all objects, materials, debris, or structures
that create or may create a hazardous condition on the Town Property or may interfere with
Grantor's use thereof. All costs expended by Town pursuant to this paragraph are and shall be
the sole obligation of Grantee and shall be reimbursed to Grantor immediately upon demand,
5, Maintenance. Grantee acknowledges that Grantor currently provides minimal
maintenance of the Property. In no event shall Grantor be responsible or liable to Grantee or any
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third party for Grantee's inability to access the Town or Grantee's Property due to maintenance
issues. In the event Grantee determines additional maintenance of the Town Property is needed
for its use, Grantee shall provide a written request to Grantor for same. If Grantor agrees to
provide the additional maintenance of the Town Property, Grantee shall reimburse Grantor for
100% of the cost of the additional maintenance. Grantee shall be solely responsible for the
maintenance of Grantee's driveway,
6. Notices, Any notices or communications required or permitted to be given
pursuant to the terms of this easement shall be in writing and may be delivered to, or sent by
prepaid registered or certified mail addressed to:
In the case of a notice or communication to the Town:
Christopher S. Lawrence, To Manager
311 South Pollard Street
Vinton, VA 24179
In the case of a notice or communication to Grantee:
Name, Title
Address
or to such other address as either party may notify the other in accordance with this section, and
if so delivered shall be deemed to have been given when delivered, and if so mailed shall be
deemed to have been given on the fifth business day after the date of mailing,
7, Compliance with Laws. Grantee agrees, at its sole cost and expense, to comply
with all laws, rules, regulations, and all orders of all governmental and/or quasi-governmental
authority(ies) having jurisdiction over the Town Property.
8. Indemnity. Grantee shall exercise its privileges hereunder at its own sole risk and
agrees to indemnify and save harmless Town, its elected officials, officers, directors, agents, and
employees from all liability, loss, cost, and expense, including attorneys' fees, which may be
sustained by Grantor by reason of the death or injury to any person or damage to any property,
arising out of or in connection with the use of the Town Property by Grantee, its employees,
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contractors, agents, invitees, or emergency personnel. Further, Grantee agrees to defend, at its
sole cost and expense, and at no cost or expense to Grantor, any and all suits or actions instituted
against Town for the imposition of such liability, loss, costs, and expense.
9: Insurance, Grantee shall maintain at its sole cost and expense, liability insurance
coverage acceptable to the Town of Vinton for property damage arising out of a single
occurrence. Said coverage shall be endorsed to insure against obligations assumed by the
Grantee in the indemnity herein. A certificate of insurance naming the Town of Vinton as both
an additional insured and as a certificate holder shall be Rimished to Grantor at its request
evidencing that said coverage is in force and will not be cancelled or materially changed without
notice to and written permission of Grantor.
M Ingress & Egress. Grantor makes no warranties or representations concerning the
Town Property or any means of ingress thereto or egress therefrom.
11. Applicable Law & Venue. These terms and conditions are governed and
interpreted pursuant to the laws of the Commonwealth of Virginia. All legal matters arising out
of, or in connection with this casement, shall be subject to a court of competent jurisdiction
within Roanoke County, Virginia. If any part(s) of the terms, conditions, and/or provisions of
this easement is/are unlawful,'void, or unenforceable, that part(s) will be deemed severable and
will not impair of affect the validity and enforceability of any of the remaining terms, conditions,
and/or provisions,
IN WITNESS WHEREOF, the parties hereto have caused this Deed of Easement to be
executed on the day and year first above written.
[SIGNATURE PAGE FOLLOWS ON NEXT PAGE]
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TOWN OF VINTON, VIR INIA
By:
Its Town Manager
COMMONWEALTH OF VIRCINIA
)to-wit:
of
The foregoing instrument was acknowledged before me, a Notary Public in and for the
Commonwealth of Virginia at-lame, this ____ day of 2012, by Christopher S.
Lawrence, Town Manager of and on behalf of the Town of Vinton, Virginia
Notary Public
My CommissionExpires:
APPROVED AS TO FORM:
Town Attorney