Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Sascha Winter to Allow an Encroachment into a Portion of a City of Hampton Drainage and Utility Easement for the Installation of a Wood Privacy Fence.
Purpose
PURPOSE/BACKGROUND:
Sascha Winter (“Licensee”) owns the property located at 8308 Orcutt Ave (LRSN 3002519) (“Licensee’s Parcel”). Licensee’s Parcel is burdened with ten foot (10’) wide existing drainage and utility easements, for the benefit of the City of Hampton (“City”), being located on the northeastern, eastern, southeastern and southern portions of Licensee’s Parcel as illustrated on that certain Exhibit “A” attached to the Encroachment Agreement presented to City Council for approval (collectively the “Easement”). Licensee installed a new wood privacy fence (the “Fence”) encroaching within the Easement without obtaining the required City Council approved non-exclusive revocable license. Licensee has since applied for an encroachment and requested that the City grant him permission to continue to encroach into an 85 +/- square foot (1’ wide x 85’ +/-) area of the Easement as illustrated on the aforesaid Exhibit “A” (the “Licensed Area”). The aforesaid Fence is to be considered the “Licensed Improvement” for the purposes of the encroachment.
The request was routed to City staff and local utility companies, and none had any objections as to the location of the encroachment, but some recommend certain conditions that are included in the attached Encroachment Agreement. Therefore, pursuant to Hampton City Code § 34-86, City staff recommends approval of the Encroachment Agreement.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, Sascha Winter (the “Licensee”) is the owner of the property located at 8308 Orcutt Ave, Hampton, Virginia 23605 (LRSN 3002519) (“Licensee’s Parcel”); ...
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