Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code §34-86 Between the City of Hampton and Anthony J. Lyles and Lexie Lyles to Allow an Encroachment into a Portion of a City of Hampton Public Drainage and Utility Easement for the Installation of a Privacy Fence
Purpose
PURPOSE/BACKGROUND:
Anthony J. Lyles and Lexie Lyles (the “Licensee”, whether one or more) own the property located at 300 Deaton Drive, Hampton, Virginia 23669 (LRSN 8004550) (“Licensee’s Parcel”). Licensee’s Parcel is burdened with a ten (10) foot wide existing public drainage and utility easement, for the benefit of the City of Hampton (“City”), being located along the south eastern property line of Licensee’s Parcel as illustrated on that certain Exhibit “A” attached to the Encroachment Agreement presented to City Council for approval (the “Easement”). Licensee requested that the City grant Licensee permission to encroach into a 79 +/- square foot (1’ wide x 79’ +/-) area of the Easement as illustrated on the aforesaid Exhibit “A” (the “Licensed Area”). The purpose of the encroachment is to install a new privacy fence as shown on the said Exhibit “A” (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 recommends approval of the Encroachment Agreement.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, Anthony J. Lyles and Lexie Lyles (the “Licensee”, whether one or more) own the property located at 300 Deaton Drive, Hampton, Virginia 23669 (LRSN 8004550) (“Licensee’s Parcel”);
WHEREAS, Licensee’s Parcel is burdened with a ten (10) foot wide existing public drainage and utility easement, for the benefit of the City of Hampton (“City”), being located along the south eastern property line of Licensee’s Parcel as illustrated on that certain Exhibit “A” attached to the Encroachment Agreement presented to City Council for approval (the “Easement”);
WHEREAS, Licensee requested that the City grant Licensee permission to encroach into a 79 +/- square foot (1’ wide x 79’ +/-) area of the Easement as illustrated on the aforesaid Exhibit “A” (the “Licensed Area”) for the purpose of installing a new privacy fence (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 Anthony J. Lyles and Lexie Lyles 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.