File #: 22-0192    Version: 1 Name: 5 Armistead Pointe Encroachment Agreement
Type: Resolution Status: Passed
File created: 5/27/2022 In control: City Council Legislative Session
On agenda: 6/8/2022 Final action: 6/8/2022
Title: Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Lumos Networks Inc. d/b/a Segra to Allow an Encroachment into the City’s Right of Way for Installation of Communication Conduit with Fiber Optic Cable at 5 Armistead Pointe Parkway
Attachments: 1. Encroachment Agreement, 2. Presentation
Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Lumos Networks Inc. d/b/a Segra to Allow an Encroachment into the City’s Right of Way for Installation of Communication Conduit with Fiber Optic Cable at 5 Armistead Pointe Parkway

Purpose
PURPOSE/BACKGROUND:
Lumos Networks Inc. d/b/a Segra (the “Licensee” and “Grantee”), is a fiber optic communications network service provider intending to provide services to certain property owned by the Economic Development Authority of the City of Hampton, Virginia, a political subdivision of the Commonwealth of Virginia (the “EDA”) located at 5 Armistead Parkway, Hampton, Virginia 23666 (LRSN 13004683) (the “Serviced Parcel”), and has requested permission to encroach into Armistead Pointe Parkway owned by the City of Hampton (the “Right of Way”). The Licensee has requested permission to encroach into a 4,500 +/- square foot (45’ x 10’ wide) of the Right of Way (the “Licensed Area”) to install communication conduit with fiber optic cable in the Licensed Area (the “Licensed Improvement”), as requested on their 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, the City of Hampton (the “City) is the owner of Armistead Point Parkway (the “Right of Way”);

WHEREAS, Lumos Networks Inc. d/b/a Segra (the “Licensee”), is a fiber optic communications network service provider intending to provide services to certain property o...

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