File #: 16-0126    Version: 1 Name: 41 Tripp Terrace
Type: Resolution Status: Passed
File created: 3/30/2016 In control: City Council Legislative Session
On agenda: 4/13/2016 Final action: 4/13/2016
Title: Resolution Authorizing the Grant of an Encroachment, Pursuant to § 34-86 of the City Code, to Jens R. Knudsen, II and Phyllis A. Knudsen ( the "Knudsens") of an Area Comprising 4,000 Square Feet, More or Less, Over a Portion of a City Drainage Easement at the Rear of the Knudsens’ Property Located at 41 Tripp Terrace (LRSN 4004684) and the Adjacent City Property Near the Sound Wall for Fence
Attachments: 1. Knudsen Encroachment

Title

Resolution Authorizing the Grant of an Encroachment, Pursuant to § 34-86 of the City Code, to Jens R. Knudsen, II and Phyllis A. Knudsen ( the "Knudsens") of an Area Comprising 4,000 Square Feet, More or Less, Over a Portion of a City Drainage Easement at the Rear of the Knudsens’ Property Located at 41 Tripp Terrace (LRSN 4004684) and the Adjacent City Property Near the Sound Wall for Fence

 

 

Purpose

PURPOSE/BACKGROUND:

Jens R. Knudsen, II and Phyllis A. Knudsen own a parcel of land located at 41 Tripp Terrace, LRSN 4004684 (“Licensee’s Property”). The City is the holder of a drainage easement at the rear of Licensee’s Property and owns the right of way between Licensee’s Property and the adjacent sound wall (the “City Property”).  The Knudsens request use of the City Property to install a 6-foot high wooden fence for privacy and family recreation, comprising an area of 4,000 square feet, more or less, as shown on Exhibit “A” attached to the accompanying Encroachment Agreement.

 

This request was routed to local utility companies and staff, none of which have any objection.  Therefore, staff recommends approval pursuant to § 34-86 of the City Code. 

 

 

Recommendation:

Rec

Approve Resolution

 

Body

WHEREAS, Jens R. Knudsen, II and Phyllis A. Knudsen (the “Knudsens”) own a parcel of land located at 41 Tripp Terrace, LRSN 4004684 (“Licensee’s Property”);

 

WHEREAS, the City is the holder of a drainage easement at the rear of Licensee’s Property and owns the right of way between Licensee’s Property and the adjacent sound wall (the “City Property”);

 

WHEREAS, the Knudsens request use of the City Property to install a 6-foot high wooden fence for privacy and family recreation (“Licensed Improvements”), comprising an area of 4,000 square feet, more or less, as shown on Exhibit “A” attached to the accompanying Encroachment Agreement (“Licensed Area”);

 

WHEREAS, City staff and local utility companies who reviewed this request have no objection; therefore, staff recommends approval;  

 

WHEREAS, pursuant to § 34-86 of the City Code, the City agrees to grant a revocable license to the Knudsens to use the Licensed Area for the Licensed Improvements under certain terms and conditions.

 

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:

 

1.                      That the Encroachment Agreement among the City of Hampton and Jens R. Knudsen, II and Phyllis A. Knudsen is hereby approved; and 

 

2.                      That the City Manager, or her authorized designee, and Clerk of Council are hereby authorized to execute and attest the Encroachment Agreement, as set forth in this Resolution.