Title
Ordinance Vacating the City of Hampton’s Interest in a Portion of Lawrence Avenue Containing 14,197+/- Square Feet (0.326 Acres) and Approving a Vacation Agreement Between the City of Hampton, Hampton Redevelopment and Housing Authority, and North Mallory Quay, LLC
Purpose
PURPOSE/BACKGROUND:
The Hampton Redevelopment and Housing Authority (“HRHA”) and North Mallory Quay, LLC (the “Developer”) have negotiated a certain Development Agreement, through which the Developer plans to redevelop approximately 14 acres within the Buckroe area as a residential community. Additional information about the proposed project is contained within a separate agenda item, number 26-0095, which is a rezoning application. This agenda item pertains to a 14,197+/- square foot (0.326 acre) portion of a public right-of-way designated as Lawrence Avenue, which is situated in the project site between Sargeant Street and the remaining portion of Lawrence Avenue (the "Lawrence Avenue Vacation Area"). This portion of Lawrence Avenue is needed to facilitate the completion of the proposed project. The City’s staff circulated the application for review to various City departments and local utilities and all comments have been addressed.
Accordingly, the City, HRHA, and the Developer have negotiated an agreement (the “Vacation Agreement”), attached hereto as Exhibit 1, showing the Vacation Area on the Vacation Plat attached thereto and setting forth the terms upon which the City and the Owner agree to vacate the Vacation Area pursuant to Section 2.05 of the Hampton City Charter. Per Exhibit 1, the Vacation Area will merge into and become a part of the Owner’s Property.
Such a vacation agreement is authorized by Section 2.05 of the Hampton City Charter and must be approved by the City Council.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Adopt the Ordinance.
Body
WHEREAS, the Hampton Redevelopment and Housing Authority (the “Owner”) owns certain lots or parcels of land located at 45 Lawrence Avenue, 49 Lawrence Avenue, 2 Sargeant Street, 6 Sargeant Street, 38 Lawrence Avenue, and 34 Lawrence Avenue (LRSNs 12006081, 12006082, 12006083, 12006084, 12006099, and 12006098, respectively; collectively, the “Property”);
WHEREAS, North Mallory Quay, LLC (the “Developer”) is the contract purchaser of the Property pursuant to that certain Development Agreement between Developer and HRHA regarding a residential redevelopment project involving the Property (the “Development Agreement”);
WHEREAS, the City of Hampton (the “City”) owns that certain portion of Lawrence Avenue, comprised of 14,197 square feet (0.326 acre), more or less, located in the City of Hampton (the “Vacation Area”) adjacent to the Property;
WHEREAS, the Owner, in coordination with the Developer, submitted an application to the City requesting the vacation because (1) the Vacation Area is completely surrounded by the Owner’s Property; (2) no other landowner will be affected by the vacation; and (3) the Development Agreement, in part, contemplates the closure and re-use of the Vacation Area to facilitate the completion of the residential redevelopment project;
WHEREAS, the City, Owner, and Developer have negotiated an agreement (the “Vacation Agreement”), attached hereto as Exhibit 1, showing the Vacation Area on the Vacation Plat attached thereto and setting forth the terms upon which the City and the Owner agree to vacate the Vacation Area pursuant to Section 2.05 of the Hampton City Charter;
WHEREAS, the Vacation Agreement requires the Owner to dedicate to the City, at no cost to the City, any necessary easements within the Vacation Area, as determined by the City, needed to address existing conditions, including but not limited to for City utilities and drainage;
WHEREAS, the Vacation Agreement further requires the Owner to dedicate to Dominion Virginia Energy, Verizon, Newport News Waterworks, and/or other utility or similar companies, at no cost to the City or the companies, all such easements as are deemed necessary by the applicable entities to address existing above ground and underground facilities, including but not limited to utility poles, cables, and waterlines;
WHEREAS, the Vacation Agreement further requires that the Property be transferred to the Developer, the Developer’s submission of a subdivision plat to the City for review and approval in accordance with the terms and conditions of the Development Agreement, and the Developer’s dedication of necessary easements to utility and similar companies to address new or relocated facilities associated with the development;
WHEREAS, upon approval, the Vacation Area will be merged into the Property owned by the Owner as shown in Vacation Plat attached to Exhibit 1;
WHEREAS, Section 2.05 of the Hampton City Charter and City Code Section 34-119(b) permit the vacation of public rights-of-way by ordinance of the City Council without a public hearing; and
WHEREAS, the City, acting by and through its City Council, is of the opinion that the Vacation Area as shown on Exhibit 1 is not now needed nor will it be needed in the future for a public right-of-way, and that approval of the Vacation Agreement and vacation of the Vacation Area are consistent with the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Hampton, Virginia, as follows:
1. That the vacation of the Vacation Area per the terms of the Vacation Agreement and as depicted on Exhibit 1 is hereby approved; and
2. That the City Manager, or her authorized designee, is hereby authorized, in accordance with Section 2.05 of the City Charter, to execute the Vacation Agreement in substantially the same form and content as that which is attached to this ordinance, subject to approval of the City Attorney; and record this ordinance, Vacation Agreement, and other related documents in the Clerk’s Office of Circuit Court for the City of Hampton, Virginia, and to perform other such acts as may be necessary and appropriate in accordance with the intent of this ordinance.