Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and John Alex Will and Anne G. Will to Allow an Encroachment into the City’s Right of Way for the Installation of a Retaining Wall and Paver Driveway Within and Along the City’s Right of Way Known as N. First Street
Purpose
PURPOSE/BACKGROUND:
John Alex Will and Anne G. Will (the “Licensee” and “Grantee,” whether one or more), own the property located at 840 N. First Street, Hampton, Virginia 23664 (LRSN 12007588) (“Licensee’s Parcel”). The City is the owner of N. First Street (the “Right of Way”) running adjacent to Licensee’s Parcel. The Licensee was granted a prior encroachment into the Right of Way as set forth in that certain Encroachment Agreement dated February 20, 2018, and recorded in the Clerk’s Office of the Circuit Court of the City of Hampton, Virginia, on February 28, 2018, as Instrument # 180002405 (the “Prior Encroachment”). In addition to the Prior Encroachment, Licensee has requested that the City grant Licensee permission to encroach into two (2) additional areas of the Right of Way more particularly described as follows:
1. Area #1: Being an 80 +/- square foot (1’ wide x 80’ +/-) total encroachment area to install a 2’ to 4’ high retaining wall in the Right of Way in the location as illustrated on Exhibit “A” attached to the Encroachment Agreement presented to Council for approval; and
2. Area #2: Being a 75 +/- square foot (5’ wide x 15’+/-) total encroachment area to install a new paver driveway in the location as illustrated on said Exhibit “A”.
Area #1 and #2 being collectively the “Licensed Area”. The proposed retaining wall and paver driveway to be located within the Licensed Area shall be referred to collectively as the “Licensed Improvement” as requested on Licensee’s encroachment application and as further illustrated on Exhibit “A” attached to the Encroachment Agreement presented to Council for approval.
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 recommend approval of the Encroachment Agreement.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, John Alex Will and Anne G. Will (the “Licensee” and “Grantee”, whether one or more), own the property located at 840 N. First Street, Hampton, Virginia 23664 (LRSN 12007588) (“Licensee’s Parcel”);
WHEREAS, the City is the owner of N. First Street (the “Right of Way”) running adjacent to Licensee’s Parcel;
WHEREAS, the Licensee was granted a prior encroachment into the Right of Way as set forth in that certain Encroachment Agreement dated February 20, 2018, and recorded in the Clerk’s Office of the Circuit Court of the City of Hampton, Virginia, on February 28, 2018, as Instrument # 180002405 (the “Prior Encroachment”);
WHEREAS, in addition to the Prior Encroachment, Licensee has requested that the City grant Licensee permission to encroach into two (2) additional areas of the Right of Way more particularly described as follows:
1. Area #1: Being an 80 +/- square foot (1’ wide x 80’ +/-) total encroachment area to install a 2’ to 4’ high retaining wall in the Right of Way in the location as illustrated on Exhibit “A” attached to the Encroachment Agreement presented herewith to Council for approval; and
2. Area #2: Being a 75 +/- square foot (5’ wide x 15’+/-) total encroachment area to install a new paver driveway in the location as illustrated on said Exhibit “A”.
Area #1 and Area #2 being collectively the “Licensed Area”. The proposed retaining wall and paver driveway to be located within the Licensed Area shall be referred to collectively as the “Licensed Improvement” as requested on Licensee’s encroachment application and as further illustrated on the aforesaid Exhibit “A” attached to the Encroachment Agreement; and
WHEREAS, City staff have reviewed the request and recommend granting the Licensee a non-exclusive 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 John Alex Will and Anne G. Will 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.