Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Tiffany M. Corley, to Allow an Encroachment into Two Areas of City of Hampton Drainage and Utility Easements for the Installation of Fence.
Purpose
PURPOSE/BACKGROUND:
Tiffany M. Corley (“Licensee”) owns the property located at 85 Tupelo Circle, Hampton, Virginia 23666 (LRSN 5000157) (“Licensee’s Parcel”). Licensee’s Parcel is burdened with a ten (10) foot wide existing public drainage and utility easement along the eastern property line and a five (5) foot wide existing public drainage and utility easement along the southern property line, both being for the benefit of the City of Hampton (“City”), as illustrated on that certain Exhibit “A” attached to the Encroachment Agreement presented to Council for approval (collectively the “Easement”). Licensee requested that the City grant Licensee permission to encroach into two (2) areas more particularly described as follows:
1. Area #1: Being a 63 +/- square foot (1’ wide x 63’ +/-) total encroachment area to install a white vinyl privacy fence comprised of a fifty-eight foot (58’) long panel of fence (encroaching upon a 1’ wide x 58’ +/- area) and a five foot (5’) wide access gate (encroaching upon a 1’ wide x 5’ +/- area) all being along the eastern property line as illustrated on said attached Exhibit “A”; and
2. Area #2: Being a 5 +/- square foot (1’ wide x 5’ +/-) total encroachment area to install a new privacy fence along the southern property line as illustrated on the said attached Exhibit “A”.
Both areas being collectively the “Licensed Area”. The total of sixty-eight (68) feet, more or less, of fence and gates to be located within the Licensed Area shall be referred to as the “Licensed Improvement”.
The request was routed to City staff and local utility companies, and none had any objections, but some recommended certain conditions that are included in the attached Encroachment Agreement. Therefore, pursuant to Hampton City Code § 34-86, City staff recommends approval of the Encroachment Agreement.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, Tiffany M. Corley (the “Licensee”) is the owner of the property located at 85 Tupelo Circle, Hampton, Virginia 23666 (LRSN 5000157) (“Licensee’s Parcel”);
WHEREAS, Licensee’s Parcel is burdened with a ten (10) foot wide existing public drainage and utility easement along the eastern property line and a five (5) foot wide existing public drainage and utility easement along the southern property line, both being for the benefit of the City of Hampton (“City”), as illustrated on that certain Exhibit “A” attached to the Encroachment Agreement presented to Council for approval (collectively the “Easement”).
WHEREAS, Licensee requested that the City grant Licensee permission to encroach into two (2) areas more particularly described as follows:
1. Area #1: Being a 63 +/- square foot (1’ wide x 63’ +/-) total encroachment area to install a white vinyl privacy fence comprised of a fifty-eight foot (58’) long panel of fence (encroaching upon a 1’ wide x 58’ +/- area) and a five foot (5’) wide access gate (encroaching upon a 1’ wide x 5’ +/- area) all being along the eastern property line as illustrated on said attached Exhibit “A”; and
2. Area #2: Being a 5 +/- square foot (1’ wide x 5’ +/-) total encroachment area to install a new privacy fence along the southern property line as illustrated on the said attached Exhibit “A”.
Both areas being collectively the “Licensed Area”. The total of sixty-eight (68) feet, more or less, of fence and gates to be located within the Licensed Area shall be referred to collectively as the “Licensed Improvement” ; and
WHEREAS, City staff has reviewed the request and recommends granting the Licensee a non-exclusive revocable license, subject to the certain terms and conditions of and the execution of the Encroachment Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That the Encroachment Agreement between the City of Hampton and the Licensee is hereby approved; and
2. That the City Manager, or her authorized designee, is hereby authorized to execute the Encroachment Agreement, in substantially the same form as set forth in this Resolution, and to take any and all actions necessary to carry out the purposes of this Resolution, subject to approval by the City Attorney.