Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Matthew Sterling Crockett and Elizabeth Mae Crockett to Allow an Encroachment into the City’s Right-of-Way for Installation of Plants for Landscaping and a Privacy Fence Within and Along the City’s Right-of-Way Known as Sunset Road East
Purpose
PURPOSE/BACKGROUND:
Matthew Sterling Crockett and Elizabeth Mae Crockett (the “Licensee”, whether one or more), own the property located at 25 Charles Street (LRSN 2002780) (“Licensee’s Parcel”). The City of Hampton (the “City”) is the owner of Sunset Road East (the “Right-of-Way”). Licensee installed a privacy fence encroaching within the Right-of-Way without obtaining the required City Council approved non-exclusive revocable license. Licensee also installed trees, bushes, and/or other plants for landscaping that were encroaching within the Right-of-Way without obtaining the required City Council approved non-exclusive revocable license. Licensee has since submitted an encroachment application and requested that the City grant Licensee permission to encroach into two (2) areas of the Right-of-Way more particularly described as follows:
1. Area #1: 62 +/- square foot area (1’ x 62’ +/- area) to allow the existing privacy fence to continue to encroach within the Right-of-Way in the location illustrated as a dashed line on Exhibit “A” attached to the Encroachment Agreement presented to Council for approval; and
2. Area #2: 1,265 +/- square foot area (11’ x 115’ +/- area) of the Right-of-Way to allow any encroaching existing trees, bushes, and/or other plants for landscaping (“Landscape Encroachment”) to be moved by Licensee to the location illustrated on said Exhibit “A”.
Area #1 and Area #2 being collectively the “Licensed Area”. The privacy fence and the Landscape Encroachment as described above are the improvements being proposed to be located within the Licensed Area and herein being collectively referred to as the “Licensed Improvement”.
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:
Rec
Approve the Resolution.
Body
WHEREAS, Matthew Sterling Crockett and Elizabeth Mae Crockett (the “Licensee”, whether one or more), own the property located at 25 Charles Street (LRSN 2002780) (“Licensee’s Parcel”);
WHEREAS, the City of Hampton (the “City”) is the owner of Sunset Road East (the “Right-of-Way”);
WHEREAS, Licensee installed a privacy fence encroaching within the Right-of-Way without obtaining the required City Council approved non-exclusive revocable license;
WHEREAS, Licensee also installed trees, bushes, and/or other plants for landscaping that were encroaching within the Right-of-Way without obtaining the required City Council approved non-exclusive revocable license;
WHEREAS, Licensee has since submitted an encroachment application and requested that the City grant Licensee permission to encroach into two (2) areas of the Right-of-Way more particularly described as follows:
1. Area #1: 62 +/- square foot area (1’ x 62’ +/- area) to allow the existing privacy fence to continue to encroach within the Right-of-Way in the location illustrated as a dashed line on Exhibit “A” to the Encroachment Agreement presented to Council for approval; and
2. Area #2: 1,265 +/- square foot area (11’ x 115’ +/- area) of the Right-of-Way to allow any encroaching existing trees, bushes, and/or other plants for landscaping (“Landscape Encroachment”) to be moved by Licensee to the location illustrated on the aforesaid Exhibit “A”.
Area #1 and Area #2 being collectively the “Licensed Area”. The privacy fence and the Landscape Encroachment as described above are the improvements being proposed to be located within the Licensed Area (collectively the “Licensed Improvement”) as requested on Licensee’s encroachment application and as further illustrated on the aforesaid Exhibit “A” attached to the Encroachment Agreement; and
WHEREAS, City staff have reviewed the request and recommend granting Licensee 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 and Matthew Sterling Crockett and Elizabeth Mae Crockett 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.