Title
Resolution Authorizing the Grant of an Encroachment, Pursuant to § 34-86 of the City Code, to Dennis and Tammy Johnson of an Area Measuring 1,102 Square Feet, More or Less, of the Right of Way of E. Mercury Boulevard for the Installation of a Fence
Purpose
PURPOSE/BACKGROUND:
Dennis and Tammy Johnson (the “Johnsons”) own the lot identified as 161 Chichester Avenue (LRSN 12000715). The City owns the right of way known as E. Mercury Boulevard adjacent to the Johnsons’ lot (the “Property”).
The Johnsons request the City’s permission to encroach into a 1,102 square foot area, more or less, of the Property as illustrated on Exhibit “A” attached to the accompanying Encroachment Agreement. Last fall, the Johnsons requested the vacation of a 2,300 square foot area of the Property to include with their backyard fenced area to be used for family recreation. However, because of the area required to maintain the adjacent ditch, staff suggested reducing the vacated area to 704 square feet, which Council approved on February 24, 2016. The Johnsons now request to encroach into an additional area of the Property, adjacent to that previously vacated.
The request was routed to staff and local utility companies, and none have any objection. Therefore, pursuant to § 34-86 of the City Code, staff recommends approval under the conditions outlined in the accompanying Encroachment Agreement.
Discussion:
N/A
Impact:
N/A
Recommendation:
Rec
Approve Resolution
Body
WHEREAS, Dennis and Tammy Johnson (the “Johnsons”) own the lot identified as 161 Chichester Avenue (LRSN 12000715);
WHEREAS, the City owns the right of way known as E. Mercury Boulevard adjacent to the Johnsons’ lot (the “Property”);
WHEREAS, the Johnsons request the City’s permission to encroach into a 1,102 square foot area, more or less, of the Property as illustrated on Exhibit “A” attached to the accompanying Encroachment Agreement;
WHEREAS, last fall, the Johnsons requested the vacation of a 2,300 square foot area of the Property to include with their backyard fenced area to be used for family recreation; however, because of the area required to maintain the adjacent ditch, staff suggested reducing the vacated area to 704 square feet, which Council approved on February 24, 2016;
WHEREAS, the Johnsons now request to encroach into an additional area of the Property, adjacent to that previously vacated;
WHEREAS, staff recommends approval upon certain conditions; and
WHEREAS, pursuant to § 34-86 of the City Code, the City agrees to grant Dennis and Tammy Johnson a revocable license for the proposed encroachment under certain terms and conditions as specified in the attached Encroachment Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That the Encroachment Agreement among the City of Hampton and Dennis and Tammy Johnson is hereby approved; and
2. That the City Manager, or her authorized designee, and Clerk of Council are hereby authorized to execute and attest the Encroachment Agreement, as set forth in this Resolution.