Title
Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of Easement Takes, Pursuant to §§ 25.1-100, Et Seq. and 15.2-1901, Et Seq. of the Code of Virginia of 1950, as Amended, from Portions of 1413 N. Armistead Ave. (LRSN 7000124) for the North Armistead Avenue Raising Resilience Project
Purpose
PURPOSE/BACKGROUND:
The City of Hampton (“City”) is proceeding with land acquisitions for the North Armistead Avenue Raising Resilience Project (the “Project”), which involves the elevation of the roadway and the retrofitting of stormwater management infrastructure at Lake Hampton from Convention Center Boulevard to Thomas Street. The project consists of elevating a half-mile stretch of the road, improving stormwater management, and a sidewalk and shared use path connecting to the Waterwalk Trail. In order to construct the improvements for this important Project to best serve the citizens of the City, the acquisition of temporary construction easements and permanent drainage easements from portions of 1413 N. Armistead Ave. (LRSN 7000124) (the “Property”) – are required. Based upon a title examination, the Property is owned by HD Development of Maryland Inc. (“Property Owner”). The City has reached out on numerous occasions to the Property Owner to negotiate the purchase of the required easements on portions of the Property, but responses have been limited and negotiations have not progressed.
Easement takes of the required portions of the Property, using the City’s eminent domain authority, are necessary.
The proposed easement take areas for the Property are comprised of approximately 3,712 square feet +/- (0.085 Acres +/-) for temporary construction easements and approximately 2,457 square feet +/- (0.056 Acres +/-) for permanent construction easements in accordance with that certain plat entitled “Plat Showing Proposed Temporary Construction Easement for Entrance and Grading to be Acquired and Permanent Drainage Easements to be Dedicated to City of Hampton to be Acquired from HD Development of Maryland, Inc. Project: N. Armistead Avenue Raising Resilience Project City of Hampton, Virginia Project Parcel: 015”, which plat is dated September 24, 2024, and made by Gary C. Thomas, Precision Measurements, Inc.
Therefore, it is recommended that, pursuant to §§ 25.1-100, et seq. and 15.2-1901, 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 Property and to allow the City Attorney, or her designee, to continue to negotiate the acquisition of the Property Interests, subject to approval by City Council.
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 easement acquisitions for the North Armistead Avenue Raising Resilience Project (the “Project”), which involves the elevation of the roadway and the retrofitting of stormwater management infrastructure at Lake Hampton from Convention Center Boulevard to Thomas Street;
WHEREAS, the Project consists of elevating a half-mile stretch of the road, improving stormwater management, and constructing a sidewalk and shared use path connecting to the Waterwalk Trail;
WHEREAS, to construct the improvements for this important Project to best serve the citizens of the City, the acquisition of temporary construction easements and permanent drainage easements from portions of 1413 N. Armistead Ave. (LRSN 7000124) (“Property”) are required;
WHEREAS, the acquisition of temporary construction easements and permanent drainage easements from portions of the Property are necessary to the public health, safety, peace, good order, comfort, convenience, and welfare of the City;
WHEREAS, the City has reviewed the acquisition for purposes of complying with Section 1-219.1, of the Virginia Code and has certified that the acquisition is for the purpose of a public street/road and drainage project and associated activities for grading, paving, and drainage;
WHEREAS, based upon a title examination, the Property is owned by HD Development of Maryland Inc. (the “Property Owner”);
WHEREAS, the City has reached out on numerous occasions to the Property Owner to negotiate the purchase of the required easements on portions of the Property, but responses have been limited and negotiations have not progressed; therefore, the City has been unable to acquire the easements required on portions of the Property by voluntary negotiations;
WHEREAS, the proposed easement take areas for the Property are comprised of approximately 3,712 square feet +/- (0.085 Acres +/-) for temporary construction easements and approximately 2,457 square feet +/- (0.056 Acres +/-) for permanent construction easements in accordance with that certain plat entitled “Plat Showing Proposed Temporary Construction Easement for Entrance and Grading to be Acquired and Permanent Drainage Easements to be Dedicated to City of Hampton to be Acquired from HD Development of Maryland, Inc. Project: N. Armistead Avenue Raising Resilience Project City of Hampton, Virginia Project Parcel: 015”, which plat is dated September 24, 2024, and made by Gary C. Thomas, Precision Measurements, Inc. (the “Plat”), a copy of which Plat is made a part of this Resolution; and
WHEREAS, to best serve the City’s citizens and to construct the stated improvements for this Project, Council has determined that easement take acquisitions of portions of the Property are necessary; and it is in the best interest of the City that the certain portions of the Property 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 acquisition by condemnation (or by negotiation, if possible), pursuant to the authority set forth in §§ 25.1-100, et seq., 15.2-1901, et seq. of the Code of Virginia of 1950, as amended, for easement acquisitions of those certain areas of the Property containing approximately 3,712 square feet +/- (0.085 Acres +/-) for temporary construction easements and approximately 2,457 square feet +/- (0.056 Acres +/-) for permanent construction easements in accordance with that certain Plat referenced herein is approved;
2. That the property rights described in Paragraph 1 are to be acquired for the public use of street and roads and drainage purposes;
3. The Council hereby approves the public use (public street and roads and drainage) for this acquisition in accordance with Section 15.2-1903;
4. That the proposed easement acquisitions are for the purpose of a public street/road and drainage project and associated activities for grading, paving, and drainage and is 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;
5. That it is necessary to enter upon the Property and begin the activities associated with grading, paving, and drainage in the temporary construction easement areas and permanent drainage easement 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 easement acquisition areas in the manner authorized and provided by §§ 25.1-100, et seq. and 15.2-1901, et seq. of the Code of Virginia of 1950, as amended and further to continue to negotiate these acquisitions with the respective landowner, subject to approval by City Council; and
7. That a certified copy of this Resolution and the aforesaid Plat 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.