Title
Resolution to Authorize the Acquisitions, by Negotiation or Condemnation, of Portions of Land in Fee Simple from Properties Located at 19 E. Lamington Road (LRSN: 8005303); 619 E. Little Back River Road (LRSN: 8004918); 5 Sydney Jay Lane (LRSN: 8004916); 4 Crockett Drive (LRSN: 8004920); and 717 E. Little Back River Road (LRSN: 8004978), Pursuant to §§ 25.1-100, Et Seq. and 15.2-1901, Et Seq. of the Code of Virginia of 1950, as Amended, for Purposes of a Public Street/Road and Associated Public Right-of-Way Necessary for Bike and Pedestrian Access (Sidewalks/Paths)
Purpose
PURPOSE/BACKGROUND:
The City of Hampton (“City”) is proceeding with land acquisitions for the Little Back River Road Bike and Pedestrian Accommodation Project - Phase A (the “Project”), which will allow improvements to be made from approximately N. King Street to Valirey Drive. This Project will construct sidewalks, shared-use paths, and make associated improvements for pedestrian and bike access, including but not limited to, crosswalks and ADA amenities. In order to construct the improvements for this important Project to best serve the citizens of the City, acquisitions are required of portions of those certain five properties located in Hampton, Virginia:
1) Address: 19 E. Lamington Road, Hampton, VA 23669 (LRSN 8005303)
Owner: Melanie A. Couzzo and Kelsey L. Couzzo
Acquisition Area: 432 square feet +/- (0.0010 Acres +/-)
2) Address: 619 E. Little Back River Road, Hampton, VA 23669 (LRSN: 8004918)
Owner: Sharan H. Ballard
Acquisition Area: 2,944 square feet +/- (0.068 Acres +/-)
3) Address: 5 Sydney Jay Lane, Hampton, VA 23669 (LRSN: 8004916)
Owner: Vaughn D. Murray, Jr.
Acquisition Area: 841square feet +/- (0.019 Acres +/-)
4) Address: 4 Crockett Drive, Hampton, VA 23669 (LRSN: 8004920)
Owner: Matthew Dillon Bookman and Kimberly Lynn Bookman
Acquisition Area: 5,554 square feet +/- (0.128 Acres +/-)
5) Address: 717 E. Little Back River Road, Hampton, VA 23669 (LRSN: 8004978)
Owner: Fox Hill Congregation of Jehovah’s Witnesses
Acquisition Area: 2,365 square feet +/- (0.054 Acres +/-)
All five parcels being collectively the “Properties”.
Partial fee takes of the required portions of the Properties using the City’s eminent domain authority are necessary.
Therefore, it is recommended that, pursuant to §§ 25.1-100, et seq., 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended, that the City exercise its eminent domain authority to commence condemnation proceedings upon the identified required portions of the Properties since the acquisitions cannot be obtained through negotiation.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Conduct public hearing and approve the Resolution.
Body
WHEREAS, the City of Hampton (“City”) is proceeding with land acquisitions for the Little Back River Road Bike and Pedestrian Accommodations Project - Phase A (the “Project”), which will allow improvements to be made from approximately N. King Street to Valirey Drive;
WHEREAS, the Project will construct sidewalks, shared-use paths, and make associated improvements for pedestrian and bike access, including but not limited to, crosswalks and ADA amenities;
WHEREAS, the Project is partially funded by the Virginia Department of Transportation (“VDOT”), and VDOT requires certification that all necessary property needed for the Project has been acquired;
WHEREAS, in order to construct the improvements for this important Project to best serve the citizens of the City, acquisitions are required of portions of those certain five properties located in Hampton, Virginia, commonly known as and, based on title examinations, owned by:
1) 19 E. Lamington Road (LRSN: 8005303) - Owned by Melanie A. Couzzo and Kelsey L. Couzzo;
2) 619 E. Little Back River Road (LRSN: 8004918) - Owned by Sharan H. Ballard;
3) 5 Sydney Jay Lane (LRSN: 8004916) - Owned by Vaughn D. Murray, Jr.;
4) 4 Crockett Drive (LRSN: 8004920) - Owned by Matthew Dillon Bookman & Kimberly Lynn Bookman; and
5) 717 E. Little Back River Road (LRSN: 8004978) - Owned by Fox Hill Congregation of Jehovah’s Witnesses.
All five parcels referenced above being collectively the “Properties,” and the owners referenced above are collectively the “Owners”;
WHEREAS, the acquisitions of certain portions of the Properties are necessary to the public health, safety, peace, good order, comfort, convenience, and welfare of the City;
WHEREAS, the City has reviewed the acquisitions for purposes of complying with Section 1-219.1, of the Virginia Code and has certified that the acquisitions are for the possession, ownership, occupation, and enjoyment of the properties by the public, for the purpose of expanding the public road/street to construct sidewalks, shared-use paths, and make associated improvements for pedestrian and bike access;
WHEREAS, the City has been unable to acquire the necessary rights-of-way in this matter, because the Owners and the City have been unable to timely reach a settlement for acquisition of the required portions of the Properties;
WHEREAS, the proposed partial fee take areas for each of the Properties are comprised of the following based on the plats and the City’s Roadway Plan Sheets referenced below:
1) 19 E. Lamington Road (LRSN: 8005303) - approximately 432 square feet +/- (0.010 Acres +/-) in accordance with that certain plat titled “PLAT SHOWING RIGHT-OF-WAY LOCATED AT 19 E LAMINGTON ROAD HEREBY CONVEYED TO THE CITY OF HAMPTON, VIRGINIA, BY MELANIE A. COUZZO AND KELSEY COUZZO”, which plat is dated February 11, 2025, and prepared by Precision Measurements, Inc. and the City’s Roadway Plan Sheet Number 5B, prepared by Kimley Horn and dated December 12, 2024;
2) 619 E. Little Back River Road (LRSN: 8004918) - approximately 2,944 square feet +/- (0.068 Acres +/-) in accordance with that certain plat titled “PLAT SHOWING RIGHT-OF-WAY LOCATED AT 619 EAST LITTLE BACK RIVER ROAD HEREBY CONVEYED TO THE CITY OF HAMPTON, VIRGINIA, BY SHARAN H. BALLARD”, which plat is dated February 11, 2025, and prepared by Precision Measurements, Inc. and the City’s Roadway Plan Sheet Numbers 7B and 8B, prepared by Kimley Horn and dated December 12, 2024;
3) 5 Sydney Jay Lane (LRSN: 8004916) - approximately 841 square feet +/- (0.019 Acres +/-) in accordance with that certain plat titled “PLAT SHOWING RIGHT-OF-WAY LOCATED AT 5 SYDNEY JAY LANE HEREBY CONVEYED TO THE CITY OF HAMPTON, VIRGINIA, BY VAUGHN D. MURRAY, JR.”, which plat is dated February 11, 2025, and prepared by Precision Measurements, Inc. and the City’s Roadway Plan Sheet Number 8B, prepared by Kimley Horn and dated December 12, 2024;
4) 4 Crockett Drive (LRSN: 8004920) - approximately 5,554 square feet +/- (0.128 Acres +/-) in accordance with that certain plat titled “PLAT SHOWING RIGHT-OF-WAY LOCATED AT 4 CROCKETT DRIVE HEREBY CONVEYED TO THE CITY OF HAMPTON, VIRGINIA, BY MATTHEW DILLON BOOKMAN & KIMBERLY LYNN BOOKMAN”, which plat is dated February 11, 2025, and prepared by Precision Measurements, Inc. and the City’s Roadway Plan Sheet Number 8B, prepared by Kimley Horn and dated December 12, 2024; and
5) 717 E. Little Back River Road (LRSN: 8004978) - approximately 2,365 square feet +/- (0.054 Acres +/-) in accordance with that certain plat titled “PLAT SHOWING RIGHT-OF-WAY LOCATED AT 717 EAST LITTLE BACK RIVER ROAD HEREBY CONVEYED TO THE CITY OF HAMPTON, VIRGINIA, BY FOX HILL CONGREGATION OF JEHOVAH’S WITNESSES”, which plat is dated February 11, 2025, and prepared by Precision Measurements, Inc. and the City’s Roadway Plan Sheet Number 9B, prepared by Kimley Horn and dated December 12, 2024.
All five plats referenced above being collectively the “Plats” and all Roadway Plan Sheets referenced above being collectively the “Roadway Plan Sheets;” and
WHEREAS, to best serve the City’s citizens and to construct the stated improvements for this Project, Council has determined that partial fee take acquisitions of the Owners’ Properties are necessary; and it is in the best interest of the City that the certain portions of the Properties identified herein be acquired by condemnation, pursuant to §§ 25.1-100, et seq. and 15.2-1901, et seq. of the Code of Virginia of 1950, as amended, since the acquisitions thereof cannot be obtained through negotiation.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia:
1. That the Resolution seeking acquisitions by condemnation (or by negotiation, if possible), pursuant to the authority set forth in §§ 25.1-100, et seq., 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended, for partial fee take acquisitions of those certain areas of the Properties referenced above in accordance with those certain Plats and Roadway Plan Sheets referenced herein is approved;
2. That the property rights described herein are to be acquired for the public use of street and roads;
3. The Council hereby approves the public use (public street and roads) for these acquisitions in accordance with Section 15.2-1903;
4. That the proposed acquisitions are for the purpose of expanding the public road/street to construct sidewalks, shared-use paths, and make associated improvements for pedestrian and bike access and are declared to be necessary for a public use and an authorized public undertaking pursuant to Chapter 19 of Title 15.2 of the Code of Virginia, as amended, in accordance with the Plats and Roadway Plan Sheets;
5. That it is necessary to enter upon the Properties and acquire defeasible title to the fee acquisition areas prior to the completion of the condemnation proceedings;
6. That the City Attorney, or her designee, is authorized and directed to acquire the property interests for public use by condemnation or other means, and to institute and conduct condemnation proceedings to acquire the fee acquisition areas in the manner authorized and provided by §§ 25.1-100, et seq., and 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended; and
7. That a certified copy of this Resolution and the aforesaid Plats and Roadway Plan Sheets shall be recorded in the Office of the Clerk of the Circuit Court for the City of Hampton in the manner as deeds are recorded and indexed in the name of the City of Hampton.