Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Lorne B. Thomas and Mesha McDaniels Thomas, to Allow Encroachments within a City of Hampton Soundwall Maintenance Easement; a Drainage and Utility Easement; a Variable Width Drainage Easement; a Variable Width Utility Easement; and City Right-of-Way.
Purpose
PURPOSE/BACKGROUND:
Lorne B. Thomas and Mesha McDaniels Thomas (“Licensee”, whether one or more) own the property located at 5 Thoroughbred Drive, Hampton, Virginia 23666 (LRSN 5001362) (“Licensee’s Parcel”). Licensee’s Parcel is burdened with an existing soundwall maintenance easement along the northeastern property line; an existing public drainage and utility easement along the northwestern property line; an existing variable width drainage easement along the northeastern property line; an existing variable width utility easement along the northeastern property line; and an existing City Right-of-Way along the northeastern property line, all being for the benefit of the City of Hampton (“City”), as illustrated on that certain Exhibit “A” (containing 2 Sheets) attached to the Encroachment Agreement presented to Council for approval (all being collectively the “Easement” even though a portion is City Right-of-Way). Licensee requested that the City grant Licensee permission to encroach into two (2) areas more particularly described as follows:
1. Area #1: Being a 23 +/- square foot (1’ wide x 23’ +/-) encroachment area to install a privacy fence along the northwestern property line as illustrated on said attached Exhibit “A”; and
2. Area #2: Being a 35 +/- square foot (1’ wide x 35’ +/-) encroachment area to install a privacy fence along the northeastern property line as illustrated on the said attached Exhibit “A”.
All areas being collectively the “Licensed Area”. The total of fifty-eight (58) feet, more or less, of fence and gates to be located within the Licensed Area shall be referred to as the “Licensed Improvement”.
The request was routed to City staff and local utility companies, and none had any objections, but some recommended certain conditions that are included in the attached Encroachment Agreement. Therefore, pursuant to Hampton City Code § 34-86, City staff recommends approval of the Encroachment Agreement.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, Lorne B. Thomas and Mesha McDaniels Thomas (the “Licensee” , whether one or more) are the owners of the property located at 5 Thoroughbred Drive, Hampton, Virginia 23666 (LRSN 5001362) (“Licensee’s Parcel”);
WHEREAS, Licensee’s Parcel is burdened with an existing soundwall maintenance easement along the northeastern property line; an existing public drainage and utility easement along the northwestern property line; an existing variable width drainage easement along the northeastern property line; an existing variable width utility easement along the northeastern property line; and an existing City Right-of-Way along the northeastern property line, all being for the benefit of the City of Hampton (“City”), as illustrated on that certain Exhibit “A” (containing 2 Sheets) attached to the Encroachment Agreement presented to Council for approval (all being collectively the “Easement” even though a portion is City Right-of-Way).
WHEREAS, Licensee requested that the City grant Licensee permission to encroach into two (2) areas more particularly described as follows:
3. Area #1: Being a 23 +/- square foot (1’ wide x 23’ +/-) encroachment area to install a privacy fence along the northwestern property line as illustrated on said attached Exhibit “A”; and
4. Area #2: Being a 35 +/- square foot (1’ wide x 35’ +/-) encroachment area to install a privacy fence along the northeastern property line as illustrated on the said attached Exhibit “A”.
All areas being collectively the “Licensed Area”. The total of fifty-eight (58) feet, more or less, of fence and gates to be located within the Licensed Area shall be referred to as the “Licensed Improvement”; and
WHEREAS, City staff has reviewed the request and recommends granting the Licensee a non-exclusive revocable license, subject to the certain terms and conditions of 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 the Licensee 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.