Title
Ordinance Vacating a Portion of the City of Hampton’s Interest in an Existing Permanent Shared Landscape, Utility and Drainage Easement on Property Located at 120 Saunders Road and Approving a Vacation Agreement Between the City of Hampton and S4K Construction LLC
Purpose
PURPOSE/BACKGROUND:
S4K Construction LLC (the “Owner”) is the fee simple owner of certain lots or parcels of land located at 120 Saunders Road (LRSN 5000213) (the “Property”). The City of Hampton (the “City”) owns an existing thirty-foot (30’) permanent shared landscape, utility and drainage easement located in the City of Hampton, Virginia, within the Property adjacent to Saunders Road, comprised of approximately 11,496 square feet (0.264 acre), more or less, (the “Easement”). By application to the City, Owner requested that the City vacate ten feet (10’) or approximately 3,863 square feet (0.089 acre), more or less, of the City’s Easement to allow Owner to use the vacated space for additional building area. The said ten-foot portion of the City Easement requested by Owner to be vacated is herein referred to as the “Vacation Area.” The Owner further requested the vacation of the Vacation Area by the City because (1) the Vacation Area only abuts the Owner’s Property and (2) no other landowner will be affected by the vacation. The City’s staff circulated the application for review to various City departments and local utilities and none had any objections to the vacation of the Vacation Area. Accordingly, the City and the Owner have negotiated an agreement (the “Vacation Agreement”), attached to this ordinance as Exhibit “1”, showing the Vacation Area on the Vacation Plat attached thereto and setting forth the terms upon which the City and the Owner agree to vacate the Vacation Area pursuant to Section 2.05 of the Hampton City Charter.
Such a vacation agreement is authorized by Section 2.05 of the Hampton City Charter and must be approved by the City Council.
Recommendation:
Rec
Adopt the ordinance.
Body
WHEREAS, S4K Construction LLC (the “Owner”) is the fee simple owner of certain lots or parcels of land located at 120 Saunders Road (LRSN 5000213) ( the “Property”);
WHEREAS, the City of Hampton (the “City”) owns an existing thirty-foot (30’) permanent shared landscape, utility and drainage easement located in the City of Hampton, Virginia, within the Property adjacent to Saunders Road, comprised of approximately 11,496 square feet (0.264 acre), more or less, (the “Easement”);
WHEREAS, by application to the City, Owner requested that the City vacate ten feet (10’) or approximately 3,863 square feet (0.089 acre), more or less, of the City’s Easement (the “Vacation Area”) to allow Owner to use the vacated space for additional building area;
WHEREAS, the Owner further requested the vacation of the Vacation Area by the City because (1) the Vacation Area only abuts the Owner’s Property and (2) no other landowner will be affected by the vacation;
WHEREAS, the City and the Owner have negotiated an agreement (the “Vacation Agreement”), attached hereto as Exhibit “1”, showing the Vacation Area on the Vacation Plat attached thereto and setting forth the terms upon which the City and the Owner agree to vacate the Vacation Area pursuant to Section 2.05 of the Hampton City Charter;
WHEREAS, the Vacation Agreement requires the Owner to dedicate to Dominion Virginia Energy, Verizon, Newport News Waterworks, and/or other utility or similar companies, at no cost to the City or the companies, all such easements as are deemed necessary by the applicable entities to address existing above ground and underground facilities, including but not limited to utility poles, cables, and waterlines;
WHEREAS, Section 2.05 of the Hampton City Charter and City Code Section 34-119(b) permits vacation of easements by ordinance of the City Council without a public hearing; and
WHEREAS, the City, by its City Council, is of the opinion that the Vacation Area as shown on Exhibit “1” is not now needed nor will it be needed in the future for easement purposes, and that approval of the Vacation Agreement and vacation of the Vacation Area are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Hampton, Virginia, as follows:
1. That the vacation of the Vacation Area per the terms of the Vacation Agreement attached hereto as Exhibit “1” and as depicted by the Vacation Plat attached thereto is hereby approved; and
2. That the City Manager or her authorized designee is hereby authorized to record this ordinance in accordance with Section 2.05 of the City Charter for the City of Hampton and to perform other such acts as may be necessary and appropriate in accordance with the intent of this ordinance, including but not limited to the execution of the Vacation Agreement in substantially the same form and content as that which is attached to this ordinance, subject to approval by the City Attorney.