Title
Ordinance Approving the Vacation of a Portion of Right of Way along E. Mercury Boulevard Adjacent to 161 Chichester Avenue, Comprising 704 Square Feet (0.0162 Acre), More or Less, to Dennis and Tammy Johnson pursuant to Section 2.05 of the Hampton City Charter.
Purpose
PURPOSE/BACKGROUND:
Dennis T. Johnson, Jr. and Tammy J. Johnson (“Owners”) own the property at 161 Chichester Avenue (the “Property”). The City owns the unimproved right of way along E. Mercury Boulevard adjacent to the Property, a portion of which comprises 704 square feet (0.0162 acre) (the “Vacation Area”). Sometime in the past 60 years, Owners’ grandparents planted and maintained shrubs, bushes, and flowers along Mercury Boulevard, mistakenly believing they owned the property upon which this vegetation was planted.
Owners recently purchased the Property from their grandmother’s estate and discovered the error after having the Property surveyed to install a privacy fence for their dogs’ recreation. Owners, therefore, request that the City vacate the Vacation Area; and, if approved, they intend to install a 6-foot high wooden privacy fence constructed of salt treated pickets measuring 5.5” wide and attached to 2”x4”s and 4”x4” posts.
Pursuant to Section 2.05 of the Hampton City Charter, the only abutting property owner (at 196 E. Mercury Boulevard) approves this request. Approval of this request will generate a modest amount of real estate tax income for the City. Pursuant to Section 34-120 of the City Code, the City values the Vacation Area at Three Hundred Fifty and 00/100 Dollars ($350.00).
Staff and none of the local public utility companies object to this request; therefore, staff recommends approval of this request for the purchase price of Three Hundred Fifty and 00/100 Dollars ($350.00) pursuant to Section 2.05 of the Hampton City Charter.
Recommendation:
Rec
Approve Ordinance
Body
WHEREAS, Dennis T. Johnson, Jr. and Tammy J. Johnson (“Owners”) own the property at 161 Chichester Avenue (the “Property”);
WHEREAS, the City owns the unimproved right of way along E. Mercury Boulevard adjacent to the Property, a portion of which comprises 704 square feet (0.0162 acre) (the “Vacation Area”);
WHEREAS, sometime in the past 60 years, Owners’ grandparents planted and maintained shrubs, bushes, and flowers along Mercury Boulevard, mistakenly believing they owned the property upon which this vegetation was planted;
WHEREAS, Owners recently purchased the Property from their grandmother’s estate and discovered the error after having the Property surveyed to install a privacy fence for their dogs’ recreation;
WHEREAS, Owners, therefore, request that the City vacate the Vacation Area; and, if approved, they intend to install a 6-foot high wooden privacy fence constructed of salt treated pickets measuring 5.5” wide and attached to 2”x4”s and 4”x4” posts;
WHEREAS, pursuant to Section 2.05 of the Hampton City Charter, the only abutting property owner (at 196 E. Mercury Boulevard) approves this request;
WHEREAS, approval of this request will generate a modest amount of real estate tax income for the City;
WHEREAS, pursuant to Section 34-120 of the City Code, the City values the Vacation Area at Three Hundred Fifty and 00/100 Dollars ($350.00);
WHEREAS, staff and none of the local public utility companies object to this request; therefore, staff recommends approval;
WHEREAS, the City, acting by and through its City Council, is of the opinion that the Vacation Area is not now and will not be needed for public interest; and
WHEREAS, pursuant to Section 2.05 of the Hampton City Charter, City Council agrees to vacate a portion of right of way along E. Mercury Boulevard, adjacent to 161 Chichester Avenue, comprising 704 square feet (0.0162 acre), more or less, for the purchase price of Three Hundred Fifty and 00/100 Dollars ($350.00).
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Hampton, Virginia, as follows:
1. That the vacation of a portion of right of way along E. Mercury Boulevard, adjacent to 161 Chichester Avenue, comprising 704 square feet (0.0162 acre), more or less, is approved;
2. That the City Manager, or her authorized designee, and Clerk of Council are authorized to execute and attest the vacation of a portion of right of way along E. Mercury Boulevard as set forth in this Ordinance; and
3. That a certified copy of this vacation ordinance shall be recorded in the Office of the Clerk of the Circuit Court for the City of Hampton, Virginia in the manner as deeds are recorded and indexed in the name of the City of Hampton.