Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code §34-86 Between the City of Hampton and Michael D. Darden to Allow an Encroachment into a Portion of a City of Hampton Public Drainage and Utility Easement for the Installation of a Fence
Purpose
PURPOSE/BACKGROUND:
Michael D. Darden (the “Licensee”) owns the property located at 20 Northwood Drive, Hampton, Virginia 23661 (LRSN 3004951) (“Licensee’s Parcel”). Licensee’s Parcel is burdened with a ten (10) foot wide existing public drainage and utility easement, for the benefit of the City of Hampton (“City”), being located along the eastern portion of Licensee’s Parcel as illustrated on that certain Exhibit “A” attached to the Encroachment Agreement presented to City Council for approval (the “Easement”). Licensee installed a 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 Licensee permission to continue to encroach into a 95 +/- square foot (1’ wide x 95’ +/) area of the Easement as illustrated on the aforesaid Exhibit “A” (the “Licensed Area”). The above described 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, 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, Michael D. Darden (the “Licensee”) owns the property located at 20 Northwood Drive, Hampton, Virginia 23661 (LRSN 3004951) (“Licensee’s Parcel”);
WHEREAS, Licensee’s Parcel is burdened with a ten (10) ...
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