Title
Resolution Authorizing a Petition to the Commonwealth Transportation Board to Transfer Certain Real Property Acquired for the Construction of a Portion of Commander Shepard Boulevard to the City of Hampton Pursuant to Virginia Code §§ 33.2-1001 and 33.2-907
Purpose
The Commissioner of Highways is vested with the power to acquire such lands, structures, rights-of-way, franchises, easements, and other interest in lands from any municipality or political subdivision deemed necessary for the construction, reconstruction, alteration, maintenance, and repair of the public highways of the Commonwealth pursuant to Code of Virginia §33.2-1001. When real estate acquired incidental to the construction, reconstruction, alteration, maintenance, and repair of the primary state highway system that does not constitute a section of the public highway is deemed by the Commissioner of Highways no longer necessary for the uses of the primary state highway system, the Commissioner of Highways shall so certify in writing and may execute in the name of the Commonwealth a deed conveying such real estate, interest therein, or any portion thereof, either for consideration or in exchange for other lands that may be necessary for the uses of the primary state highway system pursuant to Code of Virginia §33.2-907.
Construction of a portion of Route 172 - 4 Lanes with Raised Median Project (aka Commander Shepard Boulevard) as shown on VDOT Preliminary Right of Way Data Sheet entitled “0172-114-VO2, RW-201,C-501, UPC 13428” (the “Project”) began with Virginia Department of Transportation (“VDOT”) acquiring approximately 21 parcels, including a net length of 34,518.920 square meters more or less, resulting in the Project site as illustrated on the attached Exhibit B (the “Property”). In early 2024, staff became aware that title to a number of right-of-way parcels related to that Project were not transferred to the City upon completion of that Project. The purpose of this resolution is to authorize staff to proceed with the VDOT’s process to transfer certain real property of this nature from the Commonwealth to the City.
Rec
Approve Resolution
Body
WHEREAS, in the normal course of right-of-way acquisition for road construction administered by the Virginia Department of Transportation (“VDOT”) pursuant to Code of Virginia §33.2-1001, the Commonwealth of Virginia (the “Commonwealth”) transfers real property of right-of-way projects no longer necessary for the uses of the primary state highway system to localities upon completion of the projects pursuant to Code of Virginia §33.2-907;
WHEREAS, the Commonwealth acquired parcels of real estate for the construction, reconstruction, alteration, maintenance, or repair of a portion of Route 172 - Four Lanes with Raised Median (Commander Shepard Boulevard) as shown on VDOT Preliminary Right of Way Data Sheet entitled “0172-114-VO2, RW-201,C-501, UPC 13428” (the “Project”) located in the City of Hampton, Virginia (the “City”);
WHEREAS, particulars of the Project include:
Commonwealth Project No.: 0172-114-V02, RW-201, C-501
Years Acquired: 2000-2006
Number of Parcels Acquired: 21
Net Length: 34,518.920 square meters taken, more or less, plus various easements acquired (see Exhibit “A” Right of Way Data Sheet attached to this resolution for details of the parcels acquired by the Commonwealth);
WHEREAS, all aspects of the construction, reconstruction, alteration, maintenance, or repair of the Project are complete, and title to the real property encompassed by the Project remains vested in the Commonwealth;
WHEREAS, the Project constitutes a section of public roadway and related residual areas acquired for which the City maintains the right-of-way (see attached Exhibit “B”, entitled “Exhibit Showing Commander Shepard Blvd. Project Extents”, which illustrates the right-of-way);
WHEREAS, in or around 2024, City staff became aware that title to a number of right-of-way parcels related to that Project were not transferred to the City upon completion of that Project; and
WHEREAS, the City Council, believing it is in the best interest of the City for title to the right-of-way acquired in connection with the Project be transferred to the City, petitions the Commonwealth to transfer the real property of the Project to the City pursuant to § 33.2-907 of the Code of Virginia, 1950, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA that:
1. The Commonwealth Transportation Board is hereby petitioned, pursuant to Code of Virginia §§ 33.2-1001 and 33.2-907, 1950, as amended, to transfer all real estate, property, and interests comprising the right-of-way acquired incidental to the construction, reconstruction, alteration, maintenance, or repair of the Project, to the City of Hampton, and to take such other action as necessary to complete the conveyance of title for the real property of the right of way to the City of Hampton, and upon transfer, such real property shall cease being a part of the State Highway System; and
2. The City Manager, or her authorized designee, is hereby authorized to execute any and all documents necessary to complete the conveyance of that title to the right-of-way of the Project from the Commonwealth to the City, so long as the documents contain such terms, conditions, and modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney.