Title
Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of a Partial Fee Take, Pursuant to §§ 25.1-100, Et Seq. and 15.2-1901, Et Seq. of the Code of Virginia of 1950, as Amended, for Purposes of a Public Street/Road and Associated Public Right-of-Way Necessary for Pedestrian Access (Sidewalks)
Purpose
PURPOSE/BACKGROUND:
The City of Hampton (“City”) is proceeding with land acquisitions for the Old Buckroe Pedestrian Upgrades Project (the “Project”), which will allow improvements to be made from Pembroke Avenue to Fox Hill Road/Silver Isles Boulevard. This Project will construct sidewalks and make associated improvements for pedestrian access, including but not limited to, crosswalks, pedestrian signals, and ADA amenities such as pedestrian lighting. In order to construct the improvements for this important Project to best serve the citizens of the City, acquisition of a portion of that certain property commonly known as 1805 Old Buckroe Road (Property Identification Number/LRSN/RPC 11003026) (the “Property”) is required. Based upon a title examination of the Property, it is owned by Nicholas Perigo (the “Owner”). The City has reached out on numerous occasions to the Owner to negotiate the purchase of the required portion of the Owner’s Property, but the Owner has been non-responsive. A partial fee take of the required portion of the Property using the City’s eminent domain authority is necessary. The proposed partial fee take area comprises of approximately 38 square feet +/- (0.0009 Acres +/-) in accordance with that certain plat entitled “Plat Showing Right-of-Way Located at 1805 Old Buckroe Road Conveyed to the City of Hampton, VA By Nicholas Perigo”, which plat is dated March 21, 2024, revised April 22, 2025, and made by City Surveyor - Randal J. Edwards, L.S., City of Hampton Public Works Engineering (the “Plat”).
Therefore, it is recommended that, pursuant to §§ 25.1-100, et seq., 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended, that the City exercise its eminent domain authority to commence condemnation proceedings upon the identified required portion of the Property since the acquisition cannot be obtained through negotiation.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Conduct public hearing and approve the Resolution.
Body
WHEREAS, the City of Hampton (“City”) is proceeding with land acquisitions for the Old Buckroe Pedestrian Upgrades Project (the “Project”), which will allow improvements to be made from Pembroke Avenue to Fox Hill Road/Silver Isles Boulevard;
WHEREAS, the Project will construct sidewalks and make associated improvements for pedestrian access, including but not limited to, crosswalks, pedestrian signals, and ADA amenities such as pedestrian lighting;
WHEREAS, the Project is partially funded by the Virginia Department of Transportation (“VDOT”), and VDOT requires certification that all necessary property needed for the Project has been acquired;
WHEREAS, to construct the improvements for this important Project to best serve the citizens of the City, acquisition of a portion of that certain property known as 1805 Old Buckroe Road (Property Identification Number/LRSN/RPC 11003026) (the “Property”) is required;
WHEREAS, the acquisition of a certain portion of the Property is necessary to the public health, safety, peace, good order, comfort, convenience, and welfare of the City;
WHEREAS, the City has reviewed the acquisition for purposes of complying with Section 1-219.1, of the Virginia Code and has certified that the acquisition is for the possession, ownership, occupation, and enjoyment of the property by the public, for the purpose of expanding the public road/street to construct sidewalks and make associated improvements for pedestrian access;
WHEREAS, based upon a title examination of the Property, the Property is owned by Nicholas Perigo (the “Owner”);
WHEREAS, the City has reached out on numerous occasions to the Owner to negotiate the purchase of the required portion of the Owner’s Property, but the Owner has been non-responsive, therefore the City has been unable to acquire title to the required portion of the Property by voluntary negotiations;
WHEREAS, the proposed partial fee take area comprises of approximately 38 square feet +/- (0.0009 Acres +/-) in accordance with that certain plat entitled “Plat Showing Right-of-Way Located at 1805 Old Buckroe Road Conveyed to the City of Hampton, VA By Nicholas Perigo”, which plat is dated March 21, 2024, revised April 22, 2025, and made by City Surveyor - Randal J. Edwards, L.S., City of Hampton Public Works Engineering (the “Plat”), a copy of which Plat is made a part of this Resolution; and
WHEREAS, to best serve the City’s citizens and to construct the stated improvements for this Project, Council has determined that a partial fee take acquisition of the Owner’s Property is necessary; and it is in the best interest of the City that the certain portion of the Property identified herein be acquired by condemnation, pursuant to §§ 25.1-100, et seq. and 15.2-1901, et seq. of the Code of Virginia of 1950, as amended, since the acquisition thereof cannot be obtained through negotiation.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia:
1. That the Resolution seeking acquisition by condemnation (or by negotiation, if possible), pursuant to the authority set forth in §§ 25.1-100, et seq., 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended, for a partial fee take acquisition of that certain area of the Property containing approximately 38 square feet +/- (0.0009 Acres +/-) in accordance with that certain Plat referenced herein is approved;
2. That the property rights described in Paragraph 1 are to be acquired for the public use of street and roads;
3. The Council hereby approves the public use (public street and roads) for this acquisition in accordance with Section 15.2-1903;
4. That the proposed acquisition is for the purpose of expanding the public road/street to construct sidewalks and make associated improvements for pedestrian access and is declared to be necessary for a public use and an authorized public undertaking pursuant to Chapter 19 of Title 15.2 of the Code of Virginia, as amended;
5. That it is necessary to enter upon the property and acquire defeasible title to the fee acquisition area prior to the completion of the condemnation proceedings;
6. That the City Attorney, or her designee, is authorized and directed to acquire the property interests for public use by condemnation or other means, and to institute and conduct condemnation proceedings to acquire the fee acquisition area in the manner authorized and provided by §§ 25.1-100, et seq., and 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended; and
7. That a certified copy of this Resolution and the aforesaid Plat shall be recorded in the Office of the Clerk of the Circuit Court for the City of Hampton in the manner as deeds are recorded and indexed in the name of the City of Hampton.