Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Antwain C. Richardson and Relita Mallory to Allow an Encroachment into a Portion of City of Hampton Drainage Easement for the Installation of a Six-Foot Wood Privacy Fence.
Purpose
PURPOSE/BACKGROUND:
Antwain C. Richardson and Relita Mallory, (“Licensees”) own the property located at 231 Hampton Roads Avenue (LRSN 1005869) (“Licensees’ Parcel”). The City of Hampton has a fifteen (15) foot drainage easement along the southern property line of Licensees’ Parcel ("City Easement"). Licensees request permission to encroach into a 42+/- square foot area of the City Easement along the southern property line to install a six (6) foot wood privacy fence, as requested in their encroachment application, and as further illustrated on Exhibit “A” attached to the Encroachment Agreement presented to Council for approval.
The request was routed to City staff and local utility companies, and none had any objections, but some recommend certain conditions that are included in the attached Encroachment Agreement. Therefore, pursuant to Hampton City Code § 34-86, City staff recommend approval of the Encroachment Agreement.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Approve the Resolution
Body
WHEREAS, Antwain C. Richardson and Relita Mallory own property in Hampton, Virginia, referred to as 231 Hampton Roads Avenue, Hampton, Virginia 23661, LRSN 1005869 (the “Licensees’ Parcel”);
WHEREAS, the Licensees’ Parcel is burdened with a fifteen (15) foot existing drainage easement along the southern property line (“City Easement”) being for the benefit of the City of Hampton (“City”);
WHEREAS, Antwain C. Richardson and Relita Mallory have requested permission to encroach into a 42 +/- square foot area of the City Easement; and
WHEREAS, City staff have reviewed the request and recommend granting Antwain C. Richardson and Relita Mallory a non-exclusive revocable license, subject to certain terms and conditions and the execution of the Encroachment Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That the Encroachment Agreement between the City of Hampton and .Antwain C. Richardson and Relita Mallory is hereby approved; and
2. That the City Manager, or her authorized designee, is hereby authorized to execute the Encroachment Agreement, in substantially the same form as set forth in this Resolution, and to take any and all actions necessary to carry out the purposes of this Resolution, subject to approval by the City Attorney.