Friday, July 11, 2003

1941 deed restrictions

The city pledged to maintain a stadium

By THOMAS E. LINK

   THERE have been many words and thoughts expressed in recent months about the city's plans to build a combination amphitheater-stadium north of Orange Avenue.

    This project, if consummated, will of necessity mean the abandonment of Victory Stadium. Its demise is an obvious component of the overall, long-term planning by the city manager's office, and it would be foolhardy indeed to have and financially support two city-sponsored stadiums unless there were also a need for two or a plan to make them self-sustaining.

    At this time there seems to be neither a need for two stadiums nor a plan to sustain both. As a matter of public record, several of the members of council have said that Victory Stadium will ultimately be subject to the wrecking ball after its replacement facility is in place.

    What has not been exposed to the general public, however, either by design or neglect, is the incontrovertible and startling fact that Victory Stadium was created on the inescapable condition that the land on which it was built could be used only for a stadium.

    This property was generously given to the city and its citizens in 1941 on the express condition that it be used to erect a stadium and, after such construction, on the further covenant that it would be maintained as such.

    The authority for this eye-opening, legally binding declaration is found in the deed of gift to the city of Roanoke from the Virginia Holding Corp., then a subsidiary of the Norfolk and Western Railway Co. The deed, signed and acknowledged by both parties, was dated March 15, 1941, and is recorded in the clerk's office in Deed Book 664, beginning at page 54.

    It conveyed 30.15 acres of valuable land bounded on the east and west by Jefferson Street and Franklin Road, and on the north and south by Reserve Avenue and the Roanoke River. This conveyance was expressly made subject to the following condition:

    "To have and to hold unto the City, upon the condition that said tract of land shall be used for stadium, armory, park and recreational purposes only."

    In addition, the city by uniting in that deed, pursuant to Council Resolution No. 6889, accepted the gift and became honorbound and dutybound thereby on behalf of the citizens of Roanoke.

    Furthermore, in consideration of this generous gift, the city covenanted as follows (paraphrased):

    "1. That it would comply with the conditions and that breach thereof could be enjoined by the N&W.

    "2. That it would improve said tract, in order that it would be used for the stated purposes and that it would construct and thereafter maintain a stadium and armory."

    If not previously known by the city council or its professional staff in the city manager's office, this discovery and disclosure should compel a rethinking of their never-tried, self-conflicting Orange Avenue experiment.

    These solemn words of positive commitment by our city fathers should not be lightly disavowed or openly ignored. The citizens of Roanoke are the intended third-party beneficiaries of this conditional gift that has given them such pleasure and pride through the years. The council that controls our civic destiny should be held to its pledge: to use the 30.15 acres gift as the stadium it promised to build and maintain.

    Our civic leaders are bound to keep their inherited word, because the example they set has a far-reaching impact on the morals and values of the citizens they serve.

    Keeping one's word is the keystone to the sacred trust sought by and given to our members of council.

    THOMAS E. LINK lives in Roanoke.

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    Victory Stadium was created on the inescapable condition that the land on which it was built could be used only for a stadium.

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