Title
Ordinance Vacating the City of Hampton’s Interest in a Certain Unnamed Street, Road, or Public Right-of-Way Containing 12,268+/- Square Feet Located Off of Martha Lee Drive and Approving a Vacation Agreement Between the City of Hampton and West Mercury LLC
Purpose
PURPOSE/BACKGROUND:
West Mercury LLC (the “Owner”) owns certain lots or parcels of land located at 4006 W. Mercury Blvd. (LRSN 3001979); 4030 W. Mercury Blvd. (LRSN 13005232); and 308 Martha Lee Dr. (LRSN 3001843) (collectively the “Property”). The City of Hampton (the “City”) owns that certain unnamed street, road, or public right-of-way located off of Martha Lee Drive, comprised of 12,268 square feet (0.282 acre), more or less, located in the City of Hampton (the “Vacation Area” and the “Right-of-Way”) adjacent to and abutting the Property. The Owner submitted an application and paid all required fees to the City requesting the vacation of the Vacation Area because (1) the Right-of-Way is completely surrounded by the Owner’s Property; (2) no other landowner will be affected by the vacation; and (3) per that certain instrument recorded in the Clerk’s Office of the Hampton Circuit Court as Instrument # 250000218, the Owner apparently holds a reversionary interest in and to the Vacation Area whenever the City ceases to use the area as a public right-of-way. The City’s staff circulated the application for review to various City departments and local utilities and none had any objections to the vacation of the Vacation Area. Accordingly, the City and the Owner have negotiated an agreement (the “Vacation Agreement”), attached hereto as Exhibit A, 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 A, 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, West Mercury LLC (the “Owner”) owns certain lots or parcels of land located at 4006 W. Mercury Blvd. (LRSN 3001979); 4030 W. Mercury Blvd. (LRSN 13005232); and 308 Martha Lee Dr. (LRSN 3001843) (collectively the “Property”);
WHEREAS, the City of Hampton (the “City”) owns that certain unnamed street, road, or public right-of-way located off of Martha Lee Drive, comprised of 12,268 square feet (0.282 acre), more or less, located in the City of Hampton (the “Vacation Area” and the “Right-of-Way”) adjacent to the Property;
WHEREAS, the Owner submitted an application and paid all required fees to the City requesting the vacation of the Vacation Area because (1) the Right-of-Way is completely surrounded by the Owner’s Property; (2) no other landowner will be affected by the vacation; and (3) per that certain instrument recorded in the Clerk’s Office of the Hampton Circuit Court as Instrument # 250000218, the Owner apparently holds a reversionary interest in and to the Vacation Area whenever the City ceases to use the area as a public right-of-way;
WHEREAS, the City and the Owner have negotiated an agreement (the “Vacation Agreement”), attached hereto as Exhibit A, 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, upon approval, the Vacation Area will be merged into the Property owned by the Owner as shown in Vacation Plat attached to Exhibit A;
WHEREAS, Section 2.05 of the Hampton City Charter and City Code Section 34-119(b) permits vacation of public rights-of-way by ordinance of the City Council without a public hearing; and
WHEREAS, the City, by its City Council, is of the opinion that the Vacation Area as shown on Exhibit A 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 in 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 A is hereby approved; and
2. That the City Manager or her authorized designee is hereby authorized to record this ordinance in accordance with Section 2.05 of the City Charter for the City of Hampton and to perform other such acts as may be necessary and appropriate in accordance with the intent of this ordinance, including but not limited to the execution of the Vacation Agreement in substantially the same form and content as that which is attached to this ordinance, subject to approval by the City Attorney.