APPENDIX B
ANNEXATIONS*

Article I.    1937 Order

Article II.    1947 Order

Article III.    1955 Order

Article IV.    1986 Order

*Note – See editor’s note for Appendix A.

Article I. 1937 ORDER*

*Editor’s note – Set out herein is an order of the Circuit Court of Augusta County, entered January 15, 1937, in Common Law Order Book 30, p. 192, and recorded in the Clerk’s Office of the then Corporation Court of the City of Staunton, in Deed Book 44, p. 291.

Virginia – In the Circuit Court of the County of Augusta, January 15, 1937; present – Honorable Joseph A. Glasgow, Judge of this Court, Honorable Philip Williams, Judge of the 17th Judicial Circuit, of Winchester, Virginia, and Honorable Lemuel F. Smith, Judge of the 8th Judicial Circuit of Charlottesville, Virginia, designated to sit in this case by the Honorable George C. Peery, Governor of Virginia, by commission received on the 7th day of January, 1937, and entered of record in Common Law Order Book No. 30 at page 178.

City of Staunton, Virginia, a municipal corporation,

V.

The Board of Supervisors of the County of Augusta, Virginia, etc.

ORDER

This day came the plaintiff, City of Staunton, by Peyton Cochran, its City Attorney, and the defendants by John D. White, Commonwealth’s Attorney of Augusta County, Virginia, Attorney for the Board of Supervisors and the County of Augusta, and the court having maturely considered the case upon the evidence introduced before it in the manner in which evidence is introduced in common law cases, including maps, documents and exhibits, and after a full view by the court itself of the territory sought to be annexed, the court is of opinion:

That it is necessary and expedient that the territory sought to be annexed by the city of Staunton, as designated in the ordinance of the city of Staunton, passed by a recorded affirmative vote of all of the members elected to its council, on November 27, 1936, certified copies of which said ordinance along with the notice of these proceedings were served upon the parties hereto defendant more than thirty days prior hereto, and copies of said notice and ordinance have heretofore been published once a week for four successive weeks in The Evening Leader, a newspaper published in the City of Staunton, should be annexed as a part of the City of Staunton, and being further of the opinion that the terms, conditions and provisions set forth in said ordinance are reasonable and fair, except as hereinafter modified and prescribed, doth order that the following territory from Augusta County be and is hereby annexed to the City of Staunton as a part thereof, to wit:

BEGINNING at a point in or near the old corporation line at the fence line between the property of L. W. H. Peyton and the Gypsy Hill Park and northwest of the rear of the hog barn on the fair grounds, which point bears north 51° 24’ E. 2606.1 feet from the old corporation corner, which is a stone situated south of the south line of the Parkersburg Pike or West Beverley Street adjacent to and immediately in front of the house designated by street numbering as 1728 West Beverley Street, thence N. 59° 50’ W. 1270.3 feet to a point on the northwest side of a fence post, which post is a corner common to Gypsy Hill Park, Margaret C. Gray and Staunton Park Addition or Highland Park, thence with the fence line between Gypsy Hill Park and Staunton Park Addition N. 37° 40’ E. 1781 feet to a point southwest of the Churchville Road at the end of the aforementioned division fence, thence crossing the Churchville Road and through the Taylor property N. 46° 38’ E. 789.2 feet to a point on the north side of a fence post, which post is a corner common to Taylor, Sillings, and Park View Addition, thence through the Sillings property S. 71° 27’ E. 279.5 feet to a point on the east side of a fence post, which post is a corner common to Sillings, Lyle and Park View Addition, thence through the Lyle property S. 2° 20’ W. 278.7 feet to a point, which point is a corner common to Lyle and Park View Addition, thence with the division fence between Park View Addition and Lyle S. 77° 25’ E. 1068.2 feet to a point where the west line of Lyle Avenue intersects the aforesaid division fence, thence with the west line of Lyle Avenue N. 20° 44’ E. 1189.8 feet to a point in the said west line of Lyle Avenue, thence crossing Lyle Avenue and along the south line of Third Street in the S. B. Lyle addition and crossing the Spring Hill Road S. 69° 15’ E. 389.9 feet to a point west of a stone wall in the front of the lot designated as Lot No. 13, in Block No. 16 of Selma Addition and on the east side of the Spring Hill Road, thence along the east side of the Spring Hill Road N. 21° 59’ E. 14.6 feet to a point in the north line of Selma Addition, thence with the north line of Selma Addition and crossing Virginia Avenue S. 79° 11’ E. 912.9 feet to a point on the east side of Virginia Avenue and 30 feet east of the fence on the west side of said avenue, thence along the east side of Virginia Avenue S. 8° 51’ 1272.6 feet to a point on the south- east side of a fence post, which post is a corner to Overlook Addition, thence leaving Virginia Avenue and with the north line of Overlook Addition N. 89° 33’ E. 730.6 feet to a point on the south side of a fence post, which post is a corner common to the Lynn and Overlook Additions, thence S. no. degrees 25’ E. 249.4 feet to a stone west of the division fence between Lynn and Overlook Additions, which stone is in or near the old corporation line and bears N. 86° 36’ W. 904.3 feet from the old corporation corner on the west side of the Valley Pike or North Augusta Street.

And it is further considered by the court that the following terms and conditions are fair, just and reasonable provisions for the annexation of said territory, and that said territory be annexed upon said terms and conditions, that is to say:

FIRST. The City of Staunton shall pay to the County of Augusta the sum of Six Thousand Dollars ($6,000.00), the amount agreed upon by the Board of Supervisors of Augusta County and the Council of the City of Staunton, in full reimbursement of the County of Augusta for the just proportion of the existing debt of said county and Beverley Manor District therein and for the value of such permanent public improvements made by said county in the territory annexed, as provided for in Section 2958, Code of Virginia, 1936, and in full payment for all levies imposed upon persons and property within such territory for the current fiscal year in which this annexation is made, it having been agreed that the levies imposed upon persons and property within such territory annexed for the year 1937 shall be imposed and collected by the City of Staunton.

SECOND. The tax rate upon the land annexed shall not be increased for five years after such annexation on beyond the rate at present assessed by the County of Augusta for its purposes, except upon the petition of a majority of the freeholders of such territory presented to the Council of the City of Staunton.

THIRD. All revenues derived by the City of Staunton from taxation in said territory during the said period of five years after this order, either on property or from other sources, including licenses, shall be wholly expended by the City of Staunton upon streets, sewers, lights, water or other public improvements in such territory; provided, however, that at any time within said five years the Council of the City of Staunton may by ordinance set apart a sum equal to twelve per centum of the assessed value at the time of annexation of the lands hereby annexed, or of such part thereof as may be determined upon by said Council, which sum so set apart shall be wholly expended in public improvements in and for the benefit of the annexed territory, or part thereof, as may be determined upon by the said Council; and when said sum shall have been so set apart and said public improvements shall have been substantially completed, the land annexed, or part thereof as aforesaid, shall be subject to the city tax rate, and the proceeds thereof shall be paid into the city treasury along with all other taxes and licenses in said territory for general purposes, although said five years shall not have elapsed; provided that the said sum to be so set apart and expended shall be reduced by the sum already expended on said improvements under any other plan of annexation, and provided, further, that out of the proceeds of sale of the next issue of bonds by the City of Staunton after this annexation the said sum equal to the said twelve per centum of the assessed value at the time of annexation aforesaid of the land annexed, reduced by the sum hereinbefore mentioned, shall be set apart and expended in said territory as hereinbefore directed, unless said sum has been already so expended.

FOURTH. The Clerk of the Circuit Court of Augusta County shall forthwith make and certify to the Commissioner of the Revenue of the City of Staunton from his Land Books a list of all real estate within the annexed territory, and from his Personal Property Books a list of all personal property taxed within said territory, as it appears on said books, embracing every entry thereon, for which services he shall be paid by the City of Staunton the fees allowed by law for similar services.

FIFTH. The City of Staunton shall, by proper ordinance, organize said annexed territory into a new ward, or by attaching the same to an existing ward, and shall provide by such proper ordinance or ordinances as may be necessary for the future management and government of such annexed territory, conformable to the management and government of the City of Staunton as now existing, and as may be rendered necessary by reason of increased population, or by any other reason, as may be required by law.

SIXTH. The City on and after February 1, 1937, shall furnish school facilities for the school population of the annexed district equal in all respects to the school facilities afforded to the citizens of Staunton living within the old corporate limits at the present time.

SEVENTH. The City shall proceed with all reasonable diligence to provide adequately for the police and fire protection of the annexed territory.

EIGHTH. That all fees for the service of papers in these proceedings and all other court costs shall be paid by the said City of Staunton.

Lemuel F. Smith, Judge

Phillip Williams, Judge

Jos. A. Glasgow, Judge

Article II. 1947 ORDER*

*Editor’s note – Set out herein is an order of the Circuit Court of Augusta County, entered December 29, 1947, in Common Law Order Book 32, p. 248, and recorded in the Clerk’s Office of the then Corporation Court of the City of Staunton, in Deed Book 61, p. 171.

Present: The Honorable Floridus S. Crosby, Judge of the Circuit Court of Augusta County, Virginia; the Honorable Lemuel F. Smith, Judge of the Eighth Judicial Circuit, an adjoining Circuit; and the Honorable J. Jordan Temple, Judge of the Third Judicial Circuit, a remote Circuit, the Honorable Lemuel F. Smith and the Honorable J. Jordan Temple, sitting by designation of the Chief Justice of the Supreme Court of Appeals of Virginia, made pursuant to Code Section 2958, as amended Acts of 1940, P. 43.

City of Staunton

 

V.

Annexation Proceeding

County of Augusta

 

DECREE OF ANNEXATION

This cause came on to be further heard on the 29th day of December, 1947, upon a motion of the City of Staunton for an order authorizing and declaring the annexation provided for by an ordinance of the City of Staunton adopted the 30th day of October, 1947, entitled “An Ordinance to provide for the extension of the corporate limits of the City of Staunton in pursuance of the provisions of Chapter 120 of the Code of Virginia as heretofore amended,” hereinafter sometimes called the “annexation ordinance,” whereupon on motion of the City of Staunton it was ordered and adjudged that said annexation ordinance and sundry other papers mentioned in said order should be and they were thereby made a part of the Record in this case, and there being no objection or exception to the form or sufficiency of said ordinance, or to the proceedings herein, that this cause should be docketed for hearing on the 8th day of December, 1947.

And thereupon the Court proceeded to hear the evidence and the objections and exceptions thereto as to the necessity and expediency of annexation, and having been fully argued, the question of the expediency and necessity of annexation was submitted to the Court.

And thereupon, the Court announced its opinion, that the necessity for and the expediency of annexing the area in Augusta County set forth and described in the annexation ordinance aforesaid had been proved by a preponderance of the evidence and to their satisfaction.

And the Court, having heard the evidence in its entirety, together with the argument of counsel, and being fully advised in the premises, doth adjudge, order and decree, for reasons stated, as follows:

FIRST. That the annexation ordinance of the City of Staunton was duly adopted by a recorded affirmative vote of Four (4) members of a council consisting of Five (5) members of the Council of the City of Staunton, one member of the Council being absent and not voting thereon, in the manner provided by law; that due notice thereof was given to and served upon the Commonwealth’s Attorney and each member of the Board of Supervisors of the County of Augusta, in which County the territory proposed by the said ordinance to be annexed lies; and that the said notice and ordinance were duly published and after being served, as aforesaid, duly returned to the Clerk of this Court, all in the manner provided in Section 2957 of the Code of Virginia; and that this Court has full jurisdiction of this proceeding.

SECOND. That the facts set forth in the annexation ordinance are fully sustained by the evidence in this case, and that for the reasons set forth in the said ordinance and for other reasons established by the evidence, it is necessary and expedient that the corporate limits of the City of Staunton should be extended as set forth in the annexation ordinance and herein.

THIRD. That except as hereinafter modified, amended, and added to, the terms and conditions of annexation as set forth in the annexation ordinance under the heading “Terms and Conditions”, and the provisions for the future management and improvement of the territory to be annexed as set forth in the annexation ordinance under the heading “Future Management and Improvement”, are reasonable, fair and just, and are hereby ratified and approved.

FOURTH. That the territory which should be and is hereby directed and adjudged to be annexed by metes and bounds is as follows:

All that property lying between the line of the present corporate limits of the City of Staunton and the line described by metes and bounds as follows: Beginning at a corner on the present City boundary line a point in the west line of the right of way of the Chesapeake Western Railway, a squared stone post for a corner; thence S 5° 30’ 00" E 1,080.40 feet to a monument, a corner; thence S 72° 59’ 00" E 4,064.00 feet to a monument, a corner in the Engleman property; thence S 34° 05’ 00" W 7,735.00 feet crossing Route No. 250 east of Staunton to a monument, a corner; thence N 57° 38’ 00" W 7,266.88 feet crossing Route No. 11, south of Staunton to a monument, a corner; thence S 40° 36’ 56" W 2,352.42 feet to a monument, a corner; thence S 64° 52’ 22" W 659.40 feet to a monument, a corner; thence N 76° 09’ 20" W 651.99 feet to a monument, a corner; thence N 4° 56’ 34" E 290.11 feet to a monument, a corner in the west line of the right of way of Route No. 252; thence with said right of way in a northerly direction to a monument, corner on Haile’s land at the west right of way of Route No. 252; thence No. 46° 45’ 36" W 2,588.94 feet to a monument, a corner in the west side of Peck’s Lane; thence with the west side of Peck’s Lane S 30° 12’ 40" W 1,626.41 feet to a monument, a corner on the Montgomery Hall property; thence with the Montgomery Hall property line N 61° 05’ 25" W 1,485.50 feet to a monument, another corner of the Montgomery Hall property; thence N 28° 04’ 00" W 4,229.38 feet crossing Hebron Church Road and C. & 0. Railway to a monument, a corner on Thayer property; thence S 72° 04’ 00" W 1,616.42 feet to a monument, a corner; thence N 13° 58’ 00" W 1,166.30 feet crossing Route No. 254 to a monument, a corner; thence N 21° 28’ 00" E 6,746.86 feet to a monument, a corner in the Peyton property; thence N 77° 53’ 33" E 2,979.14 feet to a monument, a corner in the Reid property; thence N 4° 35’ 47" E 1,347.30 feet crossing the Jacob’s property to a monument, a corner; thence N 52° 57’ 22" E 2,906.38 feet crossing Route No. 250 to a monument, a corner in the west right of way line of the Shutterlee Mill Road; thence S 35° 45’ 27" E 2,003.71 feet to a monument, a corner; thence S 12° 24’ 15" W 1,527.00 feet to a monument, a corner in the Skymont property line; thence with the east line of Skymont S 84° 05’ 45" E 2,565.00 feet crossing Route No. 613 to a monument, a corner; thence S 13° 14’ 30" W 453.05 feet to a monument, a corner; thence S 89° 15’ 30" E 3,204.19 feet to a monument, a corner on the Hanger property; thence N 37° 57’ 27" E 3,173.00 feet to a monument, a corner; thence S 41° 20’ 00" E 3,321.00 feet to a crossing Route 11 north of Staunton to a monument, a corner, thence S 29° 03’ 00" E 2,318.30 feet crossing Alternate Route No. 11 to a monument, a corner on the west line of the Chesapeake Western Railway right of way; thence with the west line of the Chesapeake Western Railway right of way in a southerly direction to the point of Beginning; and containing 3,593 Acres, more or less.

FIFTH. That the area described in paragraph Fourth above forms, when taken together with the present area of the City of Staunton, a reasonably compact body of land, and that said area is adapted to City improvements and will be needed in the reasonably near future for City development.

SIXTH. That the County of Augusta does not owe any bonded or other debt to be paid in proper proportion by the City of Staunton, except for the County School Loan from the Literary Fund, and as to that indebtedness the City of Staunton shall assume and pay to the County of Augusta the just proportion of 43.06%, which is equal to the proportion which the assessed value of the real and personal property in the areas annexed, stipulated to be $2,230,485.00 bears to the assessed value of all such property in Beverley Manor Magisterial District, amounting to $5,179,529.00, said Literary Fund debt being payable out of and a charge on Beverley Manor Magisterial District taxable values. The method by which the City of Staunton shall carry out this obligation is as follows:

In respect of school loans due by the County to the State Literary Fund, the City of Staunton shall not incur any liability to the Literary Fund in respect of said loans, but shall, not later than ten days before each principal and interest maturity date occurring after this decree becomes effective, pay to the County of Augusta 43.06% of the principal and interest at 2% which shall from time to time become due upon the following described loans:

Purpose of Loan

Date Maturity

Principal Amt.

Beverley Manor School

1947-48

$1,275.00

Cedar Green School

1947-48

$1,200.00

Beverley Manor School

1948-49

$1,275.00

Cedar Green School

1948-49

$1,200.00

Beverley Manor School

1949-50

$1,275.00

Cedar Green School

1949-50

$1,200.00

Beverley Manor School

1950-51

$1,275.00

Cedar Green School

1950-51

$1,200.00

Beverley Manor School

1951-52

$1,275.00

Cedar Green School

1951-52

$1,200.00

Cedar Green School

1952-53

$1,200.00

Cedar Green School

1953-54

$1,200.00

and upon the payment of said sums as and when required by this paragraph, the City of Staunton shall rest under no further obligation to the County of Augusta in respect of the here assumption of a just proportion of the debt of the County.

SEVENTH. That the City of Staunton shall not be required to pay to the County of Augusta any sum or sums by way of reimbursement for the value of the public improvements in the area annexed the evidence showing that the County does not own any buildings or other public improvements in the areas annexed, and has not constructed and maintained improvements such as streets, sidewalks, water pipe lines, sewers and drains in the areas annexed. That the usefulness of the County Schools will not be impaired by this annexation.

EIGHTH. That the County of Augusta shall not, from the date of the entry of this decree to the date upon which it shall become effective, take any action in relation to any matter pertaining to sanitation, zoning, the issuing of building permits, or subjects germane thereto, without the consent of the corporate authorities of the City of Staunton and the supervision of its City Manager or other official designated by him.

NINTH. That, except as hereinafter in this paragraph provided, the tax rate upon the lands hereby directed to be annexed shall not be increased for a period of five years after this decree shall become effective except upon the petition of a majority of the voters of such territory to the Council of the City of Staunton; and all revenue derived by the City of Staunton from taxation in said annexed territory during such period, either on property or from other sources, including licenses, shall be wholly expended by the City of Staunton upon street, sewer, light, water or other public improvements in said territory; provided, however, that at any time within the said five years the Council of the City of Staunton may, by ordinance, set apart a sum equal to twelve per centum of the assessed value at the time of annexation of the lands annexed, which sum so set apart shall be wholly expended in and for the benefit of the annexed territory in public improvements; and when said sum shall have been so set apart and said public improvements shall have been substantially completed, the land hereby annexed shall be subject to the tax rate of the City of Staunton, and the proceeds thereof shall be paid into the treasury of the City of Staunton along with all other taxes and licenses in said territory for general purposes, although said five years shall not have elapsed. Said sum to be so set apart and expended shall be reduced by the sum already expended on said improvements. Out of the proceeds of the sale of the next issue of bonds by the City of Staunton after this annexation shall have become effective, the said sum, equal to the twelve per centum of the assessed value at the time of annexation, of the land annexed, reduced by any sums theretofore expended hereunder by the City of Staunton for public improvements in the annexed territory, shall be set apart and expended in the annexation territory hereinbefore directed.

TENTH. That the Clerk of this court is ordered and directed to send a certified copy of this decree to the Auditor of Public Accounts of the Commonwealth of Virginia, to the Comptroller thereof and to the Department of Taxation of the Commonwealth of Virginia, in order that such allocations of State funds of various kinds to the City of Staunton or the County of Augusta as may be affected by the annexation to the City of the territory hereinabove described, and the population thereof which the Court finds to be 3,461, may be revised in accordance with law on and after the date upon which this decree shall become effective.

ELEVENTH. That this decree shall become effective at midnight, Eastern Standard Time, on the 31st day of December, 1947, and it is further ordered that the City of Staunton pay the costs in this Court.

Lemuel F. Smith, Judge

Floridus S. Crosby, Judge

J. J. Temple, Judge

ARTICLE III. 1955 ORDER*

*Editor’s note – Set out herein is an order of the Circuit Court of Augusta County, entered December 16, 1955, in Common Law Order Book 34, p. 48, and recorded in the Clerk’s Office of the then Corporation Court of the City of Staunton, in Deed Book 92, p. 160.

VIRGINIA: IN THE CIRCUIT COURT OF AUGUSTA COUNTY. December 16,1955

City of Staunton

 

 

Annexation

 

Proceeding

V.

Decree of Annexation

County of Augusta

 

This cause came on to be further heard on the 16th day of December, 1955, upon a motion of the City of Staunton for an order authorizing and declaring the annexation provided for by an ordinance of the City of Staunton adopted the 27th day of October, 1955, entitled “An ordinance to provide for the extension of the corporate limits of the City of Staunton in pursuance of the provisions of Chapter 8 of Title 15 of the Code of Virginia of 1950, as heretofore amended”, hereafter sometimes called the “Annexation Ordinance”, and upon the resolution of the Board of Supervisors of Augusta County, duly adopted on December 8, 1955, resolving that the necessity for and expediency of the annexation requested exists and should be decreed, and consenting that the annexation Court be composed of the local Judge only, and upon the answer of said County of Augusta filed herein, whereupon on motion of the City of Staunton it was ordered and adjudged that the said annexation ordinance and sundry other papers mentioned in said order should be and they were thereby made a part of the record in this case, and there being no objection or exception to the form or sufficiency of said ordinance or to the proceedings herein, that this cause should be docketed for hearing on the 16th day of December, 1955.

And thereupon the Court proceeded to hear the evidence and there being no objections or exceptions thereto as to the necessity for and expediency of annexation, and having been fully argued, the question of the expediency and necessity of annexation was submitted to the Court.

And thereupon, the Court announced its opinion, that the necessity for and the expediency of annexing the area in Augusta County set forth and described in the Annexation Ordinance aforesaid had been proved by a preponderance of the evidence and to its satisfaction.

And the Court, having heard the evidence in its entirety, together with the argument of counsel, and being fully advised in the premises, doth adjudge, order and decree, for reasons stated, as follows:

FIRST. That the Annexation Ordinance of the City of Staunton was duly adopted by the unanimous vote of five (5) members of the City Council of the City of Staunton, all of said members being present and voting there-on, in the manner provided by law; that due notice thereof was given to and served upon the Commonwealth’s Attorney and each member of the Board of Supervisors of the County of Augusta, in which County the territory proposed by the said ordinance to be annexed lies; and that the said notice and ordinance were duly published and after being served, as aforesaid, duly returned to the Clerk of this Court; that the Board of Supervisors of the County of Augusta did by resolution, duly adopted in accordance with the law, declare that the necessity for and expediency of annexation exists and should be decreed, and did consent that the annexation Court be composed of the local Judge only, all in the manner provided in Chapter 8, Title 15 of the Code of Virginia of 1950 as amended; and that this Court has full jurisdiction of this proceeding.

SECOND. That the facts set forth in the Annexation Ordinance are fully sustained by the evidence in this case, and that for the reasons set forth in the said ordinance and for other reasons established by the evidence, it is necessary and expedient that the corporate limits of the City of Staunton should be extended as set forth in the Annexation Ordinance and herein.

THIRD. That except as hereinafter modified, amended and added to, the terms and conditions of annexation as set forth in the Annexation Ordinance under the heading “Terms and Conditions”, and the provisions for the future management and improvement of the territory to be annexed as set forth in the Annexation Ordinance under the heading “Future Management and Improvement”, are reasonable, fair and just, and are hereby ratified and approved.

FOURTH. That the territory which should be and is hereby directed and adjudged to be annexed to the City of Staunton from the County of Augusta is described by metes and bounds as follows:

Beginning at a concrete monument, a corner in the existing City of Staunton corporation line, corner to Echols and Beverley Hills Subdivision: thence with the present corporation line, running through Beverley Hills, Forest Hill and College Park N 33° 27’ 46" E 3074.80’ to an iron axle, a corner of the present corporation line and a corner of College Park Subdivision and the property of Baldwin Acres; thence with the present corporation line, running through Baldwin Acres and crossing Augusta Street S 41° 54’ 07" E 3425.57’ to a stake, a corner of the present corporation line and corner to Smith; thence with the present corporation line, and the east line of Mountain View Drive and the line of Smith S 29° 52’ 38" E 2318.30’ crossing the Bypass to a point on the north line of the Chesapeake Western Railway Company right of way, a corner of the present corporation line; thence leaving the present corporation line and running with the north line of the said Chesapeake Western Railway Company, and the south line of the Bypass N 40° 02’ 23" E 2334.84’ to a point; thence on a curve to the left whose radius is 2894.79’ a distance of 88.50’; thence leaving the Railroad and running along the west side of Bells Lane, N 43° 04’ 56" W 545.7 1’ to a point in the right of way of Augusta Street extended; thence crossing Augusta Street extended and running six lines with the property of Baldwin Acres, N 32° 42’ 26" W 2805.84’ to a point; thence N 40° 39’ 34" E 929.36’; thence N 53° 14’ 26" E 1782.58’; thence S 36° 50’ 34" W 1350.28’; thence S 88° 48’ 34" W 427.94’; thence S 45° 24’ 34" W 861.33’ to an iron axle corner to College Park, and a corner of the present corporation line; thence leaving the latter and running with the line of the College Park Subdivision S 37° 17’ 52" W 969.91’ to an iron corner to Forest Hill Subdivision; thence with Forest Hill line S 41° 18’ 12" W 81.40’; thence N 33° 03’ 48" W 40.30’; thence S 77° 06’ 12" W 833.30’; thence S 0 degrees 2’ 12" E 61.50’; thence with the line of Forest Hill and Beverley Hills Subdivision S 4° 18’ 12" W 1612.10’ to the beginning, containing 301.4 acres or 0.47 sq. mi.

FIFTH. That each of the areas described in paragraph Fourth above forms, and that all of them form, when taken together with the present area of the City of Staunton, a reasonably compact body of land, and that each of said areas is adopted to city improvements and will be needed in the reasonably near future for city development.

SIXTH. That the County of Augusta does not owe any bonded or other debt to be paid in proper proportion by the City of Staunton. The City of Staunton shall rest under no future obligations to the County of Augusta in respect to the assumption of a just proportion of the debt of the County.

SEVENTH. That the City of Staunton shall not be required to pay to the County of Augusta any sum or sums by way of reimbursement for the value of the public improvements in the area annexed, the evidence showing that the County does not own any buildings or other public improvements in the areas annexed, and has not constructed and maintained improvements such as streets, sidewalks, water pipe lines, sewers, and drains in the areas annexed. That the usefulness of the County Schools will not be impaired by this annexation.

EIGHTH. That the City of Staunton shall pay to the County of Augusta the sum of Five Thousand Five Hundred Dollars ($5,500.00), to compensate the County of Augusta for prospective loss of net tax revenues because of annexation of taxable values to the City of Staunton and said payment shall be made on or before the effective date of annexation provided for in this decree.

NINTH. That the County of Augusta shall not, from the date of the entry of this decree to the date upon which it shall become effective, take any action in relation to any matter pertaining to sanitation, zoning, the issuing of building permits, or subjects germane thereto, without the consent of the corporate authorities of the City of Staunton and the supervision of its City Manager or other official designated by him.

TENTH. That the Clerk of this Court is ordered and directed to send a certified copy of this decree to the Auditor of Public Accounts of the Commonwealth of Virginia, to the Comptroller thereof and to the Department of Taxation of the Commonwealth of Virginia, in order that such allocations of State funds of various kinds to the City of Staunton or the County of Augusta as may be affected by the annexation to the City of the territory hereinabove described, and the population thereof which the Court finds to be 62 persons, may be revised in accordance with law on and after the date upon which this decree shall become effective.

ELEVENTH. That this decree shall become effective at midnight, Eastern Standard Time, on the 31st day of December, 1955, and it is further ordered that the City of Staunton pay the costs in this Court.

Wm. S. Moffett, Jr.

Judge.

Article IV. 1986 ORDER*

*Editor’s note – Set out herein is an order of the Circuit Court of Augusta County, entered February 3, 1986.

VIRGINIA:

IN THE CIRCUIT COURT OF AUGUSTA COUNTY

In the matter of the Review    )

of Provisions of the Study    )

Agreement for Consolidation    )

and the Consolidation    )

Agreement between the City    )

of Staunton, Virginia, a    )

municipal corporation of the     ) Voluntary

Commonwealth of Virginia,    ) Settlement

and the County of Augusta, a    ) Proceeding

County of the Commonwealth     )

of Virginia, pursuant to Title     ) At Law No.

15.1, Chapter 26 and 26.1:1    ) 3644

of the Code of Virginia    )

COUNTY OF AUGUSTA,    )

VIRGINIA     )

    )

    )

    )

    )

    ) Partial

    ) Immunity

V.    ) Proceeding

    )

    ) At Law No.

    ) 3730

    )

    )

CITY OF STAUNTON,    )

VIRGINIA, et al.     )

CITY OF STAUNTON     )

    ) Annexation

    ) Proceeding

    )

V.     ) At Law No.

    ) 3850

    )

COUNTY OF AUGUSTA     )

IN THE CIRCUIT COURT OF THE CITY OF STAUNTON

In the matter of the Review     )

of Provisions of the Study     )

Agreement for Consolidation     )

and the Consolidation    )

Agreement between the City    )

of Staunton, Virginia, a     ) Voluntary

municipal corporation of the    ) Settlement

Commonwealth of Virginia    ) Proceeding

and the County of Augusta, a    )

County of the Commonwealth    ) At Law No.

of Virginia, pursuant to Title    ) 7522

15.1, Chapters 26 and 26.1:1    )

of the Code of Virginia     )

ORDER

These proceedings came on to be heard the 6th day of November, 1985, having been duly consolidated for hearing, upon the notice and petition by the County of Augusta, Virginia (“County”) for an order declaring parts of the County immune from annexation initiated by the City of Staunton, Virginia (“City”) and from the incorporation of new cities, as provided in a certain ordinance of the County adopted on January 22, 1985; upon the answer of the City to said partial immunity petition; upon the answer by the City of Waynesboro, Virginia to said partial immunity petition; upon the notice and petition by the City for the annexation of territory lying in the County, as provided in a certain ordinance of the City adopted on September 12, 1985; upon the Study Agreement for Consolidation (the “Settlement Agreement”) between the City and the County dated March 21, 1983; upon the petition to intervene by John N. Jackson, Jr. and other landowners (“Intervenors”); upon the City’s demurrer to the petition to intervene; upon the Supplemental Settlement Agreement between the City and the County dated October 16, 1985; upon the Order previously entered herein on December 14, 1984 affirming and validating the provisions of the Settlement Agreement; upon the Report of the Commission on Local Government dated September, 1985; upon the various pretrial orders entered herein; upon the stipulations by the City and County made herein; upon the testimony and exhibits received by the Courts at a consolidated hearing on all four proceedings; and upon the arguments of counsel.

And being now fully advised of the premises and having matured their judgment and having reached a unanimous opinion in all four proceedings, the Courts do ADJUDGE, ORDER, and DECREE as follows:

1. Jurisdiction

(a) The four Special Courts, each consisting of Judge J. M. H. Willis, Jr., of the Fifteenth Judicial Circuit, Judge H. A. Pickford, III, of the Sixteenth Judicial Circuit, and Judge Donald H. Kent, of the Eighteenth Judicial Circuit, were duly constituted and convened as provided in Chapter 26.215.1-1168) of Title 15.1 of the Code of Virginia (1950), as amended, to hear petitions filed pursuant to Chapter 26.1:1 (§ 15.1-1167.1) Chapter 21.215.1-977.19:1 et seq.), and Chapter 2515.1-1032 et seq.) of Title 15.1 of the Code of Virginia (1950), as amended.

(b) The County has duly adopted, in the manner required by law, a partial immunity ordinance filed with its petition, and said ordinance and the map attached thereto comply in form and content with the requirements of the partial immunity statutes. Copies of the notice of motion to grant the requested immunity order and a copy of the ordinance have been duly served on each city or town adjoining or within the County or the parts of the County proposed for immunity, and said notice and ordinance have been published in a newspaper of general circulation in the County.

(c) The City has duly adopted, in the manner required by law, an annexation ordinance filed with its petition, and said ordinance and the map attached thereto comply in form and content with the requirements of the annexation statutes. A copy of the notice of motion to grant the requested annexation and a copy of the ordinance have been duly served on the Chairman of the Board of Supervisors of the County and upon the County Attorney, and said notice and ordinance have been published as required by law.

(d) All proper jurisdictional steps have been taken to bring these four proceedings before the Courts.

2. Findings of the Courts

By orders dated December 14, 1984, the Special Courts convened pursuant to § 15.1-1167.1 of the Code of Virginia (1950), as amended, determined that the Settlement Agreement is in the best interest of the City and the County and that it meets the interest of the Commonwealth in promoting orderly growth and the continued viability of the local governments, and is not contrary to the best interests of the Commonwealth. The Courts further find and determine that the provisions for annexation and for permanent immunity contained in the Settlement Agreement and the provisions for the terms and conditions of the annexation contained in the Supplemental Settlement Agreement are in the best interests of the people of the City, of the people of the area herein ordered to be annexed, of the people of the areas herein ordered to be immune, and of the people in the remaining portions of the County, and are in the best interests of the State, considering the factors set forth in §§ 15.1-977.22:1, 15.1-1041, and 15.1-1167.1 of the Code of Virginia (1950), as amended.

This order shall constitute the written opinion of the Courts, and such opinion is hereby made a part of the records in these proceedings.

3. Territory Annexed

(a) The territory hereby ordered annexed to the City contains approximately 11.1 square miles and 2,583 persons, and is described by metes and bounds as follows:

Beginning at a point in the northwestern corporation line of the City of Staunton, said point being S 52° 27’ 22" W 800 feet ± from a corporation corner in the western right of way line of Shutterlee Mill Road, thence leaving said corporation line N 70° 45’ W 650 feet ±, through properties of Trustees of Poplar Street Church of God and the City of Staunton Filtration Plant to a point on the top of a ridge at or near said Filtration Plant, thence with lines along or near the top of a ridge N 17° 30’ E 1,175 feet ± to a point, thence N 44° 00’ E 2,300 feet ±, thence down the ridge N 76° 45’ E 300 feet ± to a point, thence S 51° 45’ E 2,700 feet ± across Route 742 to a point, said point also being located in the southerly right of way line of proposed Route 275, thence with said southerly right of way line of proposed Route 275 in an easterly direction 4,350 feet ± to a point in the center of Route 613, thence crossing Route 613 N 77° 00’ E ± 4,350 feet ± to a point on the top of a ridge, thence along the top of a ridge N 32° 20’ E 550 feet ± to a point, thence N 47° 10’ E 700 feet ± to a point, thence N 70° 00’ E 900 feet ± to a point on the top of a ridge, thence continuing along the top of the ridge N 38° 50’ E 2,350 feet ± to a point, thence S 65° 30’ E ± 2,580 feet ± along a joint property line of Silver Subdivision and J. B. Yount, III to a point, said point being at the intersection of another joint property line of Silver Subdivision and J. B. Yount, III on a bearing of S 80° 30’ E ±, thence S 80° 30’ E ± 720 feet ± along a joint property line of Silver Subdivision and J. B. Yount, III to a point, said point being at the intersection of a joint property line of Silver Subdivision and S. Link on a bearing of S 23° 30’ W ±, thence S 23° 30’ W 1,440 feet ± to a point, said point being at the intersection of a joint property line of S. Link and G. E. Yount on a bearing of S 66° 00’ E ±, thence S 66° 00’ E ± 780 feet ± along a joint property line of S. Link and G. E. Yount to a point in the centerline of Route 11, thence S 56° 30’ E ± 420 feet ± to a point in the eastern right of way line of the Chesapeake and Western Railway, thence along the eastern right of way line of the railway S 49° 00’ W ± 180 feet ± to a point in the right of way at its intersection with a property line on a bearing of S 60° 00’ E ± separating two parcels owned by G. E. Yount, thence S 60° 00’ E ± 300 feet ± along said joint property line to a point, thence S 44° 30’ E ± 3,630 feet ± along a property line separating parcels owned by G. E. Yount and J. M. Moore to a point, said point being at the intersection of another joint property line of Yount and Moore on a bearing of S 73° 00’ W ±, thence S 73° 00’ W ± 1,220 feet ± along said joint property line to a point, thence continuing along said joint property line S 78° 30’ W ± 1,260 feet ± to a point, said point being at the intersection of another joint property line of Yount and Moore on a bearing of N 56° 00’ W ±, thence along said joint property line N 56° 00’ W ± 320 feet ± to a point, said point being at the intersection of another joint property line of Yount and Moore on a bearing of S 31° 30’ W ± thence S 31° 30’ W ± 2,140 feet ± to a point in the northerly right of way line of Route 275, thence 4,750 feet ± along said northern right of way line in a southeasterly direction to a point in said line at the northwest quadrant of the Interstate 81 and Route 275 interchange, thence S 37° 30’ W ± 240 feet ± crossing Route 275 to a point in the southern right of way line, thence with the southern right of way and limited access lines of said interchange 700 feet ± in a southerly direction to a point at the intersection of said line with the western right of way and limited access line of Interstate 81, thence with said western right of way and limited access line in a southerly direction 15,580 feet ± crossing Lewis Creek and Route 254 to a point in said line at the northwest quadrant of the Interstate 81 and Route 250 Interchange, thence with the northwestern right of way and limited access lines of said interchange in a westerly direction 240 feet ± to a point in the northern right of way and limited access line at Route 250, thence S 48° 00’ W ± 300 feet ±, crossing Route 250, to a point in the southern right of way of Route 250, thence in southeasterly and southerly direction with the southwesterly right of way and limited access line of said interchange 480 feet ± to a point at the interchange of said line with the western right of way and limited access line of Interstate 81, thence with said western right of way and limited access line in a southerly direction 4,120 feet ± to a point in the western right of way line, said point is also the intersection of the City Corporate Limits line extended on a course of S 55° 30’ E ± from its southern corporate limit corner, thence N 55° 30’ W ± 3,640 feet ± to a point on the southern most Staunton Corporate Limits corner thence following along said corporate limit line 3,400 feet ± in a northwesterly direction passing through Route 635, Route 11 and Route 613 to a point on the existing corporate limit line 300 feet northwest of the centerline of Route 613, thence in a southwesterly direction by a line parallel to and 300 feet west of Route 613, 2,850 feet ± to a point, said point being on a line 300 feet west of and parallel to Route 613 and in the northern right of way line of proposed Route 262 (Southern By-Pass), thence in a northwesterly direction with the northern right of way line of proposed Route 262 5,400 feet ± to a point in the center of Route 252, said point being 300 feet ± southwest from the Staunton Corporate Limits as measured along the centerline of Route 252, thence with said northeasterly right of way line of proposed Route 262 in a northwesterly direction 6,500 feet ± to a point in the center of the Chesapeake & Ohio Railway tracks, said point being 2,150 feet ± southwest from the Staunton Corporate Limits as measured along the centerline of the tracks, thence with said northeasterly right of way line of proposed Route 262 in a northerly direction 3,600 feet ± crossing Route 703 to a point in the center of Route 254, said point being 250 feet ± west from the Staunton Corporate Limits as measured along the centerline of Route 254, thence with said easterly right of way line of proposed Route 262 in a northerly direction 3,900 feet ± to a point in the center of Route 720, said point being 420 feet ± west from the Staunton Corporate Limits as measured along the centerline of Route 720, thence with said easterly right of way line of proposed Route 262 in a northerly and northeasterly direction 3,600 feet ± to a point in said easterly right of way line of proposed Route 262, said point also being in a line 500 feet ± parallel to and northwest of the Staunton Corporate Limits line ± which is on a bearing of N 19° 15’ E ±, thence N 24° 30’ E ± 3,300 feet crossing both the northbound and southbound lanes of proposed Route 262 to a point, said point being in a line 500 feet to the west of and parallel to the western right of way line of proposed Route 262, thence 1,800 feet ± with said line 500 feet west of and parallel to the westerly right of way line of proposed Route 262 in a northeasterly direction to a point in the centerline of Route 250, said point being 2,600 feet ± west of the Staunton Corporate Limits as measured along the centerline of Route 250, thence 3,200 feet ± with said line 500 feet west of and parallel to the westerly right of way line of proposed Route 275 (formerly Route 262) in a northeasterly direction to a point, thence N 86° 15’ E 1,250 feet ± to a point, said point also being the point described in the fourth course of this description, thence S 44° 00’ W 2,300 feet ± to a point, thence with lines along or near the top of a ridge S 17° 30’ W, 1,175 feet ± to a point, thence through properties of the City of Staunton Filtration Plant and the Trustees of Poplar Street Church of God S 70° 45’ E 650 feet ± to a point in the corporation line, thence along the corporation line N 52° 27’ 22" E 800 feet ± to a corporation corner in the western right of way line of Shutterlee Mill Road said point being the point of beginning, containing 11.1 ± square miles, more or less.

(b) A copy of the above description of the annexation line and of the map reflecting the survey of said line, which is attached hereto and hereby made a part of this order, shall be filed in the Clerk’s Office of the Circuit Court of Augusta County and in the Clerk’s Office of the Circuit Court of the City of Staunton to be recorded in the current plat books.

(c) The annexation hereby ordered shall become effective at midnight on December 31, 1986.

4. Immune Territory

(a) The Fishersville and Verona areas of the County are hereby declared to be permanently immune from annexation initiated by the City of Staunton and from the incorporation of new cities, pursuant to the provisions of Chapter 21.2 of Title 15.1 of the Code of Virginia (1950), as amended. The areas decreed to be immune are described by metes and bounds as follows:

Fishersville Immunity Area

Beginning at a point on the top of a ridge in the northerly right of way line of Interstate Route 64, thence with said northerly right of way and limited access line in a westerly direction 9265 feet ± to a point in said line at the northeast quadrant of the Interstate Route 64 and Route 608 interchange, thence with the right of way and limited access line of said interchange in a northwesterly direction 1310 feet ± to a point in the eastern right of way line of Route 608, thence N 35° 59’ 08" W 69.00 feet to a point in the center of Route 608, thence in a southwesterly direction along the center of Route 608 4795 feet ± crossing Interstate Route 64 to a point at the center of the intersection of Route 608 and Route 635, thence in a northwesterly direction along the center of Route 635 4375 feet ± to a point at the center of the intersection of Route 635 and Route 637, thence in a northeasterly direction along the center of Route 637 2080 feet ± to a point in the center of said Route 637, thence in a northwesterly direction along the center of Route 637 2470 feet ± to a point in the center of said Route 637, thence with the Augusta Agricultural Industrial Exposition, Inc. and Thompson property line and the extension of said property line N 55° 31’ 25" E 2145 feet ± to a point in the southern right of way line of Interstate Route 64, thence N 57° 35’ 55" E 520 feet ± crossing Interstate Route 64 to a point in the northerly right of way and limited access line of Interstate Route 64, thence with said northerly right of way and limited access line in a northwesterly direction 6,000 feet ± crossing Route 637 to point, said point being the intersection of the center of Christians Creek with the northern right of way and limited access line of Interstate Route 64, thence in a northeasterly direction down the center of Christians Creek as it meanders 12,700 feet ±, crossing the Chesapeake & Ohio Railroad, Route 637 and Route 250 to a point in the center, thence N 29° 21’ 47" W 1000 feet ± in part with a property line of the Augusta County Service Authority to a point, thence N 42° 14’ 43" E 595 feet ± with the Augusta County Service Authority property line to a point in the center of Route 794, thence in a northeasterly and northerly direction along the center of Route 794, crossing Christians Creek 2725 feet ± to a point in the center of said road, a corner to Moran and Wilfong, thence S 16° 00’ E 332.3 feet along the Moran and Wilfong property line to a point, a corner to Moran, Wilfong and Conyers, thence S 6° 30’ E 1750 feet ± through Conyers’ land to the corner to Conyers 1.00 acre parcel, thence S 37° 08’ E 204.74 feet to a point, a corner to Conyers in a line of the Augusta County School Board, thence N 69° 52’ 22" E 932.50 feet, with the Conyers and Augusta County School Board property line to a point, thence S 36° 20’ 36" E 2450 feet ± in part with the Conyers and Augusta County School board property line to a point in the Lockridge line on the top of a ridge, thence along the top of a ridge S 46° 00’ W 1000 feet ± to a point, thence S 18° 00’ W 500 feet ± to a point, thence S 18° 30’ E 900 feet ± to a point, thence S 21° 30’ W 500 feet ± to a point, thence S 7° 00’ W 1400 feet ± to a point, thence S 36° 00’ W 350 feet ± to a point, a corner to Staunton Machine Works, Inc. and Village Garden Center and Landscape Service, Inc., thence S 66° 49’ E 575 feet ± with the Staunton Machine Works, Inc., Village Garden Center and Landscape Service, Inc. and Flint property line to a point in the Flint property line, a corner to Staunton Machine Works, Inc. and Arehart, thence with the Staunton Machine Works, Inc. and Arehart property lines N 49° 45’ E 800 feet ± to a point, thence S 67° 10’ E 400 feet ± to a point in the center of Route 642, thence in a northeasterly direction along the center of Route 642 4450 feet ± to a point, thence S 58° 00’ E 2100 feet ± to a point, thence S 78° 00’ E 500 feet ± to a point, thence S 46° 00’ E 800 feet ±, crossing Meadow Run and Route 608 to a point on the top of a ridge, thence along the top of the ridge N 87° 30’ E 800 feet ± to a point, thence S 2° 30’ W 600 feet ± to a point, thence S 38° 30’ W 1450 feet ± to a point, thence S 78° 20’ E 1500 feet ± to a point, thence S 7° 30’ E 1500 feet ± crossing Route 796 to a point on the top of a ridge, thence S 27° 30’ E 800 feet ± to a point on the top of a ridge, thence S 10° 00’ E 1050 feet ±, crossing the Chesapeake & Ohio Railroad to a point, thence S 24° 20’ E 1125 feet ± to a point on the top of a ridge, thence S 81° 30’ E 875 feet ± down the side of a ridge to a point, thence S 50° 00’ E 1200 feet ± to a point in the west property line of Kingsbury Manor Subdivision, and in a line of Lambert, thence S 53° 03’ 30" W 1083 feet ± with the Lambert and Kingsbury Manor Subdivision property line to a point in the northern right of way line of Route 250 at the southwest corner of Kingsbury Manor Subdivision, thence East 200 feet ± crossing Route 250 to a point in the southern right of way of Route 250 on the top of a ridge, thence S 48° 00’ W 1200 feet ± along the top of a ridge, to a point, thence S 61° 50’ W 1500 feet ± along the top of a ridge, to a point, thence South 1450 feet ±, crossing Route 640 to a point on top of a ridge, thence S 2° 30’ E 900 feet ± along the top of Hickory Hill, to a point, thence S 37° 00’ W 900 feet ± along the top of Hickory Hill, to a point, thence S 38° 00’ W 2400 feet ± along the top of Hickory Hill, to a point, thence S 68° 45’ W 1100 feet ±, crossing route 834 to a point on top of Hickory Hill, thence S 55° 50’ W 675 feet ± down the ridge, through the Zirk property to a point in the northerly right of way and limited access line of Interstate Route 64 the beginning; containing 9.71 square miles, more or less, by planimeter measurement.

Verona Immunity Area

Beginning at a point in the end of the centerline of Cedar Lane (said street being a part of Silver Subdivision D.B. 727, page 68), thence N 45° 40’ E 840 feet ± to a point, thence N 33° 00’ E 700 feet ± to a point, thence N 37° 50’ E 2,750 feet ± to a point, thence N 30° 30’ E 2,900 feet ± across the top and down the point of a ridge to a point in the center of Middle River, thence down the center of Middle River as it meanders 19,500 feet ± to the confluence of Middle River and Lewis Creek, thence in a southwesterly direction up the center of Lewis Creek as it meanders 10,850 feet ±, crossing Route 612 and Route 792, to the confluence of an unnamed tributary flowing into Lewis Creek from a northwesterly direction (said confluence being 600 feet ± southwest of the intersection of Route 792 and Lewis Creek), thence in a northwesterly direction up the center of said unnamed tributary as it meanders 3,250 feet ± crossing Interstate 81 to a point in the center of said unnamed tributary and in the western right of way and limited access line of Interstate 81, thence with said western right of way and limited access line of Interstate 81 in a southerly direction 4,340 feet ± to a point in said line at the northwest quadrant of the Interstate 81 and Route 275 interchange, thence in a northwesterly direction along the northern right of way line of Route 275 a distance of 4,750 feet ± to a point, said point being a corner of Moore property line with Yount, thence N 31° 30’ E 2,140 feet ± along a joint property line of Moore and Yount to a point, thence S 56° 00’ E 320 feet ± along said joint property line to a point, thence N 78° 30’ E 1,260 feet ± along said joint property line to a point, thence N 73° 00’ E 1,220 feet ± along said joint property line to a point, thence N 44° 30’ W 3,630 feet ± along a property line separating two parcels owned by Yount, thence N 60° 00’ W 300 ± to a point, said point being a corner of G. E. Yount property with the intersection of the eastern right of way the Chesapeake and Western Railroad, thence N 49° 00’ E 180 feet ± along the eastern right of way of the Chesapeake and Western Railroad to a point, said point being the extension of a property line on a bearing S 56° 30’ E at its intersection with said eastern right of way line, thence N 56° 30’ W 420 feet ± to a point, said point being the centerline of Route 11, thence N 66° 00’ W 780 feet ± to a point, said point being a common corner of property owned by Link and Yount, thence N 23° 30’ E 1,440 feet ± to a point, said point being the southern property line of Silver Subdivision, D.B. 727, page 68, thence N 80° 30’ W 720 feet ± to a point, thence N 65° 30’ W 2,580 feet ± to a point, thence N 9° 50’ E 275 feet ± to a point, thence N 45° 40’ E 200 feet ± to the point of beginning, containing 5.74 ± square miles, more or less by planimeter measurement.

(b) The County shall have a copy of the descriptions of the immunity areas and of the maps reflecting the same, which are attached hereto and hereby made a part of this order, filed in the Clerk’s Office of the Circuit Court of Augusta County to be recorded in the current plat book.

(c) The permanent immunity hereby ordered shall become effective at midnight on December 31, 1986.

5. Limited Waiver of Immunity Rights in Other Portions of the County

The County shall not institute an action, and will oppose any action by any other party, seeking partial immunity from annexation initiated by the City of Staunton pursuant to Chapter 21.2 of Title 15.1 of the Code of Virginia (1950), as amended, for any areas in the County other than the Fishersville and Verona immunity areas described above until after December 31, 1994.

6. Other Terms And Conditions

(a) Loss of Net Tax Revenue

The Courts hereby find that the County’s loss of net tax revenue for the first year following annexation will be $584,000 and during the fifth year will be $796,000, with the average annual loss of net tax revenue during the five-year period being $690,000.

Accordingly, the City shall pay the County $690,000 per year for five years for an aggregate payment of $3,450,000 as compensation for the County’s prospective loss of net tax revenue during the next five years because of the annexation of taxable values to the City. The City shall pay to the County each annual sum of $690,000 in two equal installments, one due on or before June 30 and the other due on or before December 31. The first such installment shall be paid on or before June 30, 1987.

(b) Assumption of Debt

The City shall assume and provide for the reimbursement to the County of 4.46% of existing County indebtedness as of the effective date of annexation, which the Courts determine to be a just proportion thereof. The Courts find that the existing debt, projected to December 31, 1986, amounts to $1,991,800 and consists of the following general obligation bonds and Literary Fund Loans:

Projected Balance

 

December 31, 1986

 

General Obligation:

 

2.5% School bonds due $200,000 in 1987 and 1988

$400,000

State Literary Fund Loans:

 

3% due through 1992

91,800

3% due through 1993

175,000

3% due through 1993

175,000

3% due through 1998

450,000

3% due through 2000

700,000

 

$1,991,800

The Courts hereby determine that the County’s unfunded past service liability resulting from its participation in the Virginia Supplemental Retirement System does not constitute an existing debt of the County, and accordingly the City shall not be required to assume any portion of such liability.

The City shall not by these proceedings incur any obligation to any creditors of the County as a result of the debt assumption provided for herein, but shall pay to the Treasurer of the County, not less than ten days before the maturity date of each installment in respect to which payment is required, cash sums equal to 4.46% of each installment of principal falling due after the effective date of annexation and of interest which may accrue thereon after said date, under the terms of the various bonds and loans described above.

(c) Interim School Attendance

During the remainder of the school year (1986-87) in which annexation becomes effective, all pupils residing within the annexation area shall remain in the County school system. During the first full school year (1987-88) after the effective date of annexation, high school seniors residing within the annexation area shall have the option of attending their County high school during their senior year. For those pupils who attend County schools following the effective date of annexation during the interim period described above, the City shall reimburse the County for providing such educational services in an amount equal to a pro rata share of the County’s local costs per pupil (excluding expenditures for capital outlay and debt service) during the applicable period. Local costs are specifically defined to exclude all state and federal funding including the state sales tax distributed to localities for educational purposes.

(d) Compensation for Public Improvements

The City shall pay the County on the effective date of annexation compensation in the amount of $74,719 for those portions of the Springhill storm drainage facilities lying outside the street rights-of-way within the annexation area. Upon such payment, title to such storm drainage facilities owned by the County shall automatically vest in the City.

7. Certification of Real Estate

The Clerk of the Circuit Court of the County shall make after January 1, 1986 from the land books and certify to the Commissioner of Revenue of the City a list of all real estate within the annexed territory as provided in § 15.1-1052 of the Code of Virginia (1950), as amended, for which service he shall be paid by the City the fees allowed by law for similar services.

8. Copies of Decree

The Clerk of the Circuit Court of Augusta County is ordered and directed to send a certified copy of this order to the Secretary of the Commonwealth, to the Auditor of Public Accounts of the Commonwealth of Virginia, to the Comptroller thereof, to the State Corporation Commission, to the Department of Taxation of the Commonwealth of Virginia, to the Department of Planning and Budget of the Commonwealth of Virginia, to the United States Department of the Treasury and to the Bureau of the Census of the U.S. Department of Commerce, in order that such allocation of state and federal funds of various kinds to the City or the County as may be affected by the annexation to the City of the territory herein described may be revised in accordance with law on and after the effective date of this order.

9. Payment of Costs

The City shall pay the court costs of the annexation proceeding and the County shall pay the court costs of the immunity proceeding. The City and the County shall share equally the costs of the voluntary settlement proceeding in this Court, including the per them of the court reporter at the hearing conducted on November 6, 1985.

10. Intervenors

Upon consideration of the Intervenors’ request that the City be required to adopt use value assessment for a period of at least five years following the effective date of annexation and upon consideration of the City’s demurrer thereto, the Courts find that they do not have the statutory authority to grant the requested relief, and accordingly order that the demurrer be sustained. The Courts further find that the City should not be required to adopt use value assessment even if the Courts possessed the statutory authority to require the enactment of such a program. The Intervenors, by counsel, duly objected and excepted to such findings and to the action of the Courts in sustaining the demurrer.

11. Adjournment

It is ordered that the Courts be adjourned, but not dissolved, subject to being reconvened in any manner provided by law.

Entered this 3 day of February, 1986.

J. M. H. Willis, Jr.

Judge H. A. Pickford, III,

Judge Donald H. Kent, Judge

RESOLUTION OF CITY COUNCIL OF THE CITY OF STAUNTON, VIRGINIA APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENTAL SETTLEMENT AGREEMENT BETWEEN THE CITY OF STAUNTON, VIRGINIA AND THE COUNTY OF AUGUSTA, VIRGINIA

BE IT RESOLVED by the City Council of the City of Staunton, Virginia that the City Council of the City of Staunton does hereby approve and authorize the execution on behalf of the City of Staunton, Virginia, of the Supplemental Settlement Agreement between the City of Staunton, Virginia and the County of Augusta, Virginia, a copy of which is attached to this Resolution and is to be read as a part hereof.

BE IT FURTHER RESOLVED, that Hugh B. Sproul, III, Mayor, is hereby authorized and directed to execute and deliver for and on behalf of the City of Staunton, Virginia said Supplemental Settlement Agreement with Betty W. Herr, City Clerk, hereby being authorized and directed to affix the Seal of the City of Staunton, Virginia to said Supplemental Settlement Agreement and to attest the same.

Hugh B. Sproul, III, Mayor

16 October 1985

Date

I, Betty W. Herr, Clerk of the City Council of the City of Staunton, Virginia, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Staunton, Virginia, at a continued meeting of the City Council of the City of Staunton, Virginia duly held in the Council Chambers, City Hall, Staunton, Virginia, on October 16, 1985, at Noon at which meeting all seven (7) members of City Council were present, this constituting a quorum, and said resolution was adopted on a vote of 7 ayes and 0 nays.

Given under my hand and the seal of the City of Staunton, Virginia, this 16th day of October 1985.

Betty W. Herr, Clerk

(SEAL)

SUPPLEMENTAL SETTLEMENT AGREEMENT

THIS AGREEMENT is made and entered into this 16th day of October, 1985, by and between the City of Staunton, Virginia (“City”), a municipal corporation of the Commonwealth of Virginia, and the County of Augusta, Virginia (“County”), a political subdivision of the Commonwealth of Virginia.

WHEREAS, the City and the County entered into a Study Agreement For Consolidation (the “Settlement Agreement”) on March 21, 1983, which provided among its alternative provisions for the annexation of approximately 12.25 square miles of County territory and for the permanent immunity of an area of approximately 9.71 square miles (Fishersville) and of an area of approximately 5.74 square miles (Verona) in the County;

WHEREAS, the City and the County have instituted separate court actions for annexation and for immunity in order to implement the provisions of the Settlement Agreement;

WHEREAS, the Settlement Agreement provided that the Special Courts would determine the terms and conditions of the annexation pursuant to Article 1, Chapter 25 of Title 15.1 of the Code of Virginia (1950), as amended;

WHEREAS, the Commission on Local Government has issued its Report containing its recommendations regarding the terms and conditions of annexation; and

WHEREAS, the City and the County desire to compromise and settle all remaining issues without the necessity of further contested legal proceedings;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and the County agree as follows:

1. The following provisions will constitute the terms and conditions of the annexation and immunity to be granted by the Special Courts in accordance with the Settlement Agreement.

2. The parties accept the Commission’s finding that the County’s loss of net tax revenue during the first year following annexation will be $584,000 and during the fifth year will be $796,000, with the average annual loss of net tax revenue during the five-year period being $690,000. The City will therefore pay the County $690,000 per year for five years for a total payment of $3,450,000. Each annual sum of $690,000 shall be payable in two equal installments, one due on or before June 30 and the other due on or before December 31. The first such payment shall be made on June 30th following the effective date of annexation.

3. The City shall assume 4.46% of existing County debt as of the effective date of annexation. The County’s existing debt, projected to December 31, 1986, amounts to $1,991,800. The County’s unfunded past service liability to the Virginia Supplement Retirement System shall not be considered existing debt. The City shall make payments to the County for its proportionate share of existing debt as each installment of principal and interest becomes due after the effective date of annexation. The City shall assume a portion of the interest on such indebtedness accruing after the effective date of annexation but not prior thereto.

4. The City shall acquire ownership of those portions of the Springhill storm drainage facilities lying outside the street rights-of-way within the annexation area. The City shall pay the County on the effective date of annexation compensation for such facilities in the amount of $74,719, which represents their original cost less depreciation based upon a 100-year useful life.

5. The effective date of the annexation shall be midnight, December 31, 1986.

6. The County agrees that during the pendency of these court proceedings it will take no official action or position as to whether the City should be required by the Special Court to adopt following the effective date of annexation an ordinance providing for use value assessment for purposes of real estate taxation. The County does, however, encourage the City voluntarily to consider and adopt such an ordinance. If landowners intervene in the court proceeding to request that the adoption of such an ordinance be required by the Special Court, the County agrees that it will take no official position on the issue before the Court. This provision does not prevent any County official or employee from testifying with respect to this question if subpoenaed by a third part to do so.

7. All pupils residing within the annexation area shall attend County schools for the entire school year (1986-87) during which the annexation becomes effective. During the first full school year (1987-88) following the effective date of annexation, high school seniors residing within the annexation area shall have the option of attending their County high school during their senior year. The City shall compensate the County for providing such educational services during that transition period in an amount equal to a pro rata share of the County’s local costs per pupil (excluding expenditures for capital outlay and debt service) during the applicable period. Local costs are specifically defined to exclude all state and federal funding including the state sales tax distributed to localities for educational purposes.

8. The effective date of the permanent immunity to be granted pursuant to Chapter 21.2 of Title 15.1 of the Code of Virginia (1950), as amended, for the Verona and Fishersville areas shall be midnight, December 31, 1986.

9. The City shall pay the court costs of the annexation proceeding, and the County shall pay the court costs of the immunity proceeding. The City and the County shall share equally the court costs of the proceeding to affirm and implement the Settlement Agreement, including the per diem of any court reporter retained in connection with November, 1985 hearing scheduled in these proceedings.

10. The City and the County hereby authorize and direct their respective legal counsel (a) to stipulate in the pending court actions that the City and the County have determined that the provisions set forth above constitute fair and reasonable terms and conditions of the annexation to be granted by the Special Courts and (b) to request that the Special Courts enter an order in the form of the draft attached hereto.

IN WITNESS WHEREOF, the governing bodies of the parties have each by resolution caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, by their respective mayor or chairman and attested by their respective clerks.

CITY OF STAUNTON, VIRGINIA

By Hugh B. Sproul, III

Mayor

Attest: Betty W. Herr

Clerk

COUNTY OF AUGUSTA,

VIRGINIA

By A. Ray Hull

Chairman, Board of Supervisors

Attest: R. E. Huff

Clerk