File #: 19-0177    Version: 1 Name: Secrest Encroachment Application
Type: Resolution Status: Passed
File created: 5/8/2019 In control: City Council Legislative Session
On agenda: 5/22/2019 Final action: 5/22/2019
Title: Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code ยง 34-86 between the City of Hampton, Bonner M. Secrest, and Heather N. Secrest to Allow an Encroachment Into a Portion of a City of Hampton Drainage and Utility Easement for the Installation of a Wooden Privacy Fence
Indexes: ,
Code sections: 34-86 - Application; processing fee; procedures; council review
Attachments: 1. Presentation, 2. Encroachment Agreement

Title

Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 between the City of Hampton, Bonner M. Secrest, and Heather N. Secrest to Allow an Encroachment Into a Portion of a City of Hampton Drainage and Utility Easement for the Installation of a Wooden Privacy Fence

 

 

Purpose

PURPOSE/BACKGROUND:

 

Bonner M. Secrest and Heather N. Secrest (“Licensee”) own the property located at 51 Buffalo Drive (LRSN 11003435) (“Licensee’s Parcel”).  The City has a 10' wide drainage and utility easement along the westerly property line of Licensee’s Parcel and a 10' wide drainage and utility easement along the southerly property line of Licensee's Parcel (collectively the "City Easements"), with the Licensee's property line running through the center of the latter easement.  Licensee requests permission to encroach into a 265 square foot area of the City's Easement along their westerly property line and a 77 square foot area along their southerly property line, both areas more or less, to install a wooden privacy fence with a 10' drive gate and a 4' walk gate as illustrated on Exhibit “A” attached to the Encroachment Agreement.  

 

The request was routed to 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, staff recommends approval of the Encroachment Agreement.

 

 

Discussion:

 

See Purpose/Background Above.

 

Impact:

 

Encroachment granted without cost to the Licensee; allows Licensee privacy and enjoyment of Licensee's Parcel.

 

Recommendation:

Rec

Approve Resolution

 

 

Body

 

                     WHEREAS, Bonner M. Secrest and Heather N. Secrest (the “Secrests”) occupy property in Hampton, Virginia, referred to as 51 Buffalo Drive, Hampton, Virginia  23664, LRSN 11003435 (the “Property”);

                     WHEREAS, the Secrests have requested permission to encroach into portions of the City of Hampton’s (“City”) existing drainage and utility easements along the westerly Property line and the southerly Property line of the Property, in the combined area of 342 square feet; and

                     WHEREAS, City Staff has reviewed the request and recommends granting the Secrest’s a 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 of Hampton and the Secrests is hereby approved; and 

                     2.                     That the City Manager, or her authorized designee, is hereby authorized to execute the Encroachment Agreement, as set forth in this Resolution.