Title
Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of an Easement Take, Pursuant to §§ 25.1-100, Et Seq. and 15.2-1901, Et Seq. of the Code of Virginia of 1950, as Amended, from a Portion of 37 Northampton Drive (LRSN 4000743) for the Northampton Area Drainage Improvements Project
Purpose
PURPOSE/BACKGROUND:
The Mary Peake watershed study dated May 2009 revealed the need for improvements to reduce flooding in the Northampton area of the City. Staff concluded these improvements will include the installation of a new storm drain trunk line in Yorkshire Terrace, Berkshire Terrace, and within an easement adjacent to Northampton Drive (the “Project”). The Project area comprises approximately 82 acres and 250 properties.
The City began implementation of the Northampton Area Drainage Improvements Project (City Project No. 13-006) in October 2013. In order to construct this Project, easement acquisitions were required from eight (8) property owners along Northampton Drive and Todds Lane. Acquisitions began in November 2015. Six (6) acquisitions have been finalized, one (1) is nearing finalization, and following is the only acquisition that may not close in the foreseeable future:
Part of LRSN: 4000743
Owner: Robert L. Koch, Sr.
Address: 37 Northampton Drive
Proposed Acquisition: Permanent Drainage Easement: 740 S.F.+
The potential for property damage increases the longer the Project is delayed. If condemnation authority is approved, construction will start in approximately six months. If not approved, the Project will be abandoned, and Project funds will be used for other stormwater purposes.
Therefore, it is recommended that, pursuant to §§ 25.1-100, et seq. and 15.2-1901, et seq. of the Code of Virginia of 1950, as amended, the City exercise its eminent domain authority to commence condemnation proceedings upon the identified property if acquisition cannot be obtained through negotiation. Staff will continue to negot...
Click here for full text