Title
Ordinance Vacating the City of Hampton’s Interest in a Certain Unnamed Street, Road, or Public Right-of-Way Containing 12,268+/- Square Feet Located Off of Martha Lee Drive and Approving a Vacation Agreement Between the City of Hampton and West Mercury LLC
Purpose
PURPOSE/BACKGROUND:
West Mercury LLC (the “Owner”) owns certain lots or parcels of land located at 4006 W. Mercury Blvd. (LRSN 3001979); 4030 W. Mercury Blvd. (LRSN 13005232); and 308 Martha Lee Dr. (LRSN 3001843) (collectively the “Property”). The City of Hampton (the “City”) owns that certain unnamed street, road, or public right-of-way located off of Martha Lee Drive, comprised of 12,268 square feet (0.282 acre), more or less, located in the City of Hampton (the “Vacation Area” and the “Right-of-Way”) adjacent to and abutting the Property. The Owner submitted an application and paid all required fees to the City requesting the vacation of the Vacation Area because (1) the Right-of-Way is completely surrounded by the Owner’s Property; (2) no other landowner will be affected by the vacation; and (3) per that certain instrument recorded in the Clerk’s Office of the Hampton Circuit Court as Instrument # 250000218, the Owner apparently holds a reversionary interest in and to the Vacation Area whenever the City ceases to use the area as a public right-of-way. The City’s staff circulated the application for review to various City departments and local utilities and none had any objections to the vacation of the Vacation Area. Accordingly, the City and the Owner have negotiated an agreement (the “Vacation Agreement”), attached hereto as Exhibit A, showing the Vacation Area on the Vacation Plat attached thereto and setting forth the terms upon which the City and the Owner agree to vacate the Vacation Area pursuant to Section 2.05 of the Hampton City Charter. Per Exhibit A, the Vacation Area will merge into and become a part of the Owner’s Property.
Such a vacation agreement is authorized by Sec...
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