Title
Ordinance Approving the Vacation of a Portion of Right-of-Way Adjacent to and South of Thomas Nelson Drive, Comprising 163,941 Square Feet (3.7636 Acres), More or Less, Pursuant to Section 2.05 of the City Charter, to the State Board for Community Colleges
Purpose
PURPOSE/BACKGROUND:
The City of Hampton (the “City”) owns the right-of-way adjacent to and south of Thomas Nelson Drive. The State Board for Community Colleges (“SBCC”), the governing body of operations of the Virginia Community College System, requests that the City vacate a portion of this right-of-way, comprising 163,941 square feet (3.7636 acres), more or less, to enable it to replace the existing sign advertising Thomas Nelson Community College (the “College”) and to continually maintain this area.
SBCC submits this request to comply with Virginia Code § 33.2-1217(B), which requires that no sign may be erected that is visible from the main traveled way within 660’ of the nearest edge of right-of-way except, among other uses, signs that advertise activities being conducted upon the real property where the signs are located. The sign was erected in 1971 and is visible to vehicles on Interstate 64 and Thomas Nelson Drive. SBCC has maintained the areas around the sign from the time of its installation and in the manner in which an owner would do so.
The sign has been upgraded through the years, but it is becoming increasingly difficult to find replacement parts. Soon those parts will not be available. Banners advertising enrollment and other events on campus are aesthetically unpleasing and present a safety concern in that they become unstable in windy conditions. The new sign will enhance the overall image of the College and will provide ready information for passersby.
This request has been routed to staff and local utilities. None have any objection; therefore, staff recommends approval of this vacation request pursuant to Section 2.05 of the Hampton City Charter with the condition that easements be retained for drainage and public right-of-way in accordance with the plat attached to the accompanying Vacation Agreement.
Discussion:
N/A
Impact:
N/A
Recommendation:
Rec
Approve Ordinance
Body
WHEREAS, the City of Hampton (the “City”) owns the right-of-way adjacent to and south of Thomas Nelson Drive;
WHEREAS, the State Board for Community Colleges (“SBCC”), the governing body of operations of the Virginia Community College System, requests that the City vacate a portion of this right-of-way, comprising 163,941 square feet (3.7636 acres), more or less, to enable it to replace the existing sign advertising Thomas Nelson Community College (the “College”) and to continually maintain this area;
WHEREAS, SBCC submits this request to comply with Virginia Code § 33.2-1217(B), which requires that no sign may be erected that is visible from the main traveled way within 660’ of the nearest edge of right-of-way except, among other uses, signs that advertise activities being conducted upon the real property where the signs are located;
WHEREAS, the sign was erected in 1971 and is visible to vehicles on Interstate 64 and Thomas Nelson Drive;
WHEREAS, SBCC has maintained the areas around the sign from the time of its installation and in the manner in which an owner would do so;
WHEREAS, the sign has been upgraded through the years, but it is becoming increasingly difficult to find replacement parts; soon those parts will not be available;
WHEREAS, banners advertising enrollment and other events on campus are aesthetically unpleasing and present a safety concern in that they become unstable in windy conditions;
WHEREAS, the new sign will enhance the overall image of the College and will provide ready information for passersby;
WHEREAS, the Vacation Area will not be needed for any public purpose with the exception of easements to be retained for drainage and public right-of-way in accordance with the plat attached to the accompanying Vacation Agreement as agreed to by SBCC and to be recorded with this ordinance; and
WHEREAS, pursuant to Section 2.05 of the Hampton City Charter, City Council agrees to vacate a portion of right-of-way adjacent to and south of Thomas Nelson Drive, comprising 163,941 square feet (3.7636 acres), more or less, with the retention of easements for drainage and public right-of-way.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Hampton, Virginia, as follows:
1. That the vacation of a portion of right-of-way adjacent to and south of Thomas Nelson Drive, comprising 163,941 square feet (3.7636 acres), more or less, as set forth in this Ordinance is approved;
2. That the City Manager, or her authorized designee, and Clerk of Council are authorized to execute and attest all necessary documents pertaining to the vacation of a portion of right-of-way adjacent to and south of Thomas Nelson Drive as set forth in this Ordinance; and
3. That a certified copy of this vacation ordinance together with the Vacation Agreement shall be recorded in the Office of the Clerk of the Circuit Court for the City of Hampton, Virginia in the manner as deeds are recorded and indexed in the name of the City of Hampton.