Title
Resolution Authorizing the Following Transfers and Grants Associated With City Property Located at or Adjacent to River Street Park to the Commonwealth of Virginia for Purposes of the Virginia Department of Transportation Project, State Project: 0064-114-374, I-64 Hampton Roads Express Lanes Segment 4C: (1) the Transfer of City Property Containing 821 Square Feet, More or Less (Portion of LRSN 2003325); and (2) the Granting of a Temporary Construction Easement on City Property Containing 518 Square Feet, More or Less (Portion of LRSN 2003325)
Purpose
PURPOSE/BACKGROUND:
At its June 12, 2024 meeting, following a public hearing, City Council authorized various transfers and grants associated with City property located at or adjacent to the Woodlands Golf Course and River Street Park. These transfers and grants the transfer and grant to the Commonwealth of Virginia, fee simple title to LRSN 2003325 and portions of LRSNs 12000815 and 12000817; temporary construction easements to portions of LRSNs 12000815, 12000817, and 2003323; and easements of access, light or air to portions of LRSNs 12000815, 12000817, 2003323, and 2003325 for the purpose of Virginia Department of Transportation (VDOT) Project, State Project: 0064-114-374, I-64 Hampton Roads Express Lanes Segment 4C (the “Project”).
Prior to the execution and recordation of the deed for these transfers and grants, VDOT indicated that a modified offer package for LRSN 2003325 would be submitted and that rather than transferring the entire parcel in fee simple, the request would be for the City to transfer a portion of LRSN 2003325 in fee simple and the remaining portion as a temporary construction easement. There are no other changes to the other parcels which City Council has already authorized. The purpose of today’s public hearing and City Council’s action is to consider this modification to LRSN 2003325.
LRSN 2003325, is a small triangular parcel that runs along the existing interstate. Approximately 821 square feet of the parcel will be transferred in fee simple - ultimately becoming a part of the expanded interstate. This area is outlined in red on the enclosed plan sheets - for LRSN 2003325 see Sheets 13 and 13RW. A temporary construction easement will be granted for the remaining area of the parcel, approximately 518 square feet. This easement area will be utilized for purposes of constructing the Project and will be returned as close as reasonably possible to preconstruction condition following completion of the Project. This area is outlined in orange on the enclosed plan sheets - for LRSN 2003325 see Sheets 13 and 13RW.
The portion of City Council’s prior approval on June 12, 2024 regarding the fee simple transfer of portions of LRSNs 12000815 and 12000817; temporary constructions easements for portions of LRSNs 12000815, 12000817, and 2003323; and easements of access, light or air to portions of LRSNs 12000815, 12000817, 2003323, and 2003325 remain in effect and unchanged.
For these transfers and grants, as modified with respect to LRSN 2003325, the City will be compensated in the amount of $136,970. This amount is based off a determination of fair market value via an appraisal (for the larger parcels) and via a basic acquisition report (for the smaller parcels).
This matter requires a public hearing pursuant to §§15.2-1800 and 15.2-2100 of the Code of Virginia of 1950, as amended, which was duly advertised pursuant to Code of Virginia §15.2-1813.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Conduct a public hearing, and approve the Resolution.
Body
WHEREAS, the City of Hampton (the “City”) owns property located at 530 River Street, commonly known as River Street Park, (identified as LRSN 2003325) (the “Park”);
WHEREAS, on June 12, 2024, City Council approved the transfer and grants of fee simple title to LRSN 2003325 and portions of LRSNs 12000815 and 12000817; temporary construction easements to portions of LRSNs 12000815, 12000817, and 2003323; and easements of access, light or air to portions of LRSNs 12000815, 12000817, 2003323, and 2003325 for the purpose of Virginia Department of Transportation Project, State Project: 0064-114-374, I-64 Hampton Roads Express Lanes Segment 4C (the “VDOT Project”);
WHEREAS, prior to execution and recordation of the deed, VDOT informed the City that a modified offer package would be submitted to the City;
WHEREAS, in accordance with a modified offer package received from VDOT, City Council now desires to modify the fee simple transfer of LRSN 2003325 to instead be the transfer of fee simple title of a portion of LRSN 2003325 and the grant of a temporary construction easement for a portion of LRSN 2003325;
WHEREAS, the portion of City Council’s prior approval on June 12, 2024 regarding the fee simple transfer of portions of LRSNs 12000815 and 12000817; temporary constructions easements for portions of LRSNs 12000815, 12000817, and 2003323; and easements of access, light or air to portions of LRSNs 12000815, 12000817, 2003323, and 2003325 remains in effect and unchanged;
WHEREAS, VDOT is now requesting that the City execute the deed attached to this resolution (the “Deed”) to transfer and grant to the Commonwealth of Virginia, fee simple title to portions of LRSNs 12000815, 12000817, and 2003325; temporary construction easements to portions of LRSNs 12000815, 12000817, 2003323, and 2003325; and easements of access, light or air to portions of LRSNs 12000815, 12000817, 2003323, and 2003325 for the purpose of the VDOT Project;
WHEREAS, the fee simple transfers are outlined in red, the temporary construction easements are outlined in orange, and the easements of access, light or air are marked as a blue line on the attached VDOT roadway plan sheets identified as Sheets 13, 13RW, 14, 14RW, 16, 16RW, 16(1), 16(1)RW, 17, 17RW, 18, 18RW, 19, 19RW, 20, and 20RW, copies of which are attached hereto as EXHIBIT “A”;
WHEREAS, the VDOT Project will assist in the safe and efficient flow of traffic on Interstate 64;
WHEREAS, for the previously approved transfers and grants which have not been modified and this modified transfer and grant, the Commonwealth shall compensate the City in the amount of $136,970;
WHEREAS, City staff recommends approval of the Deed; and
WHEREAS, this matter requires a public hearing pursuant to §§15.2-1800 and 15.2-2100 of the Code of Virginia of 1950, as amended, which was duly advertised pursuant to Code of Virginia §15.2-1813.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That City Council approves the modifications to the transfer and grant of portions of LRSN 2003325 identified herein to the Commonwealth of Virginia for purposes of the VDOT Project;
2. That the previously approved transfers and grants which have not been modified and this modified transfer and grant is being done in exchange for compensation in the amount of $136,970; and
3. That the City Manager, or her authorized designee, is authorized and directed to execute, on behalf of the City, the Deed in substantially the same form and content as that which is attached to this resolution, subject to approval of the City Attorney; to execute any other related documents; and to perform other such acts as may be necessary and appropriate to effectuate the intent of this resolution.