Legislation # 15-0215 Enactment Number 1199
Type Ordinance - Non-Coded Effective Date 7/8/2015
Introduction Date 7/8/2015
Title Ordinance Approving the Vacation of a Portion of Boxwood Point Road Comprising 3,797 Square Feet (0.087 Acre), More or Less, to Annie K. Starnes, Trustee of the Annie K. Starnes Revocable Trust, Dated January 16, 1991
 
Legislation History 15-0215
DateNotice Of ActionDescription
7/9/2015 Enactment Number 1199
7/8/2015 Adopted
7/8/2015 Held Public Hearing - there were no speakers on this item.
7/8/2015 Presented by Delane Carty, Civil Engineer Technician, Department of Public Works.
6/23/2015 Received By Clerk's Office
 
View Attachments 15-0215
FileTypeSizeDescription
Ordinance Exhibit A.pdf Exhibit 265K Ordinance Exhibit "A"
Ordinance Exhibit B.pdf Exhibit 661K Ordinance Exhibit "B"
Vacation Agreement Starnes.pdf Other 490K Vacation Agreement
 
Legislation Text 15-0215

 

City of Hampton, Virginia

Ordinance - Non-Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0215

 

Enactment Number: 1199

 

Ordinance Approving the Vacation of a Portion of Boxwood Point Road Comprising 3,797 Square Feet (0.087 Acre), More or Less, to Annie K. Starnes, Trustee of the Annie K. Starnes Revocable Trust, Dated January 16, 1991

 

WHEREAS, the City owns certain real property comprising 3,797 square feet (0.087 acre) known as a portion of Boxwood Point Road as depicted on Exhibit A (Vacation Area);

 

WHEREAS, Annie K. Starnes, Trustee of the Annie K. Starnes Revocable Trust dated January 16, 1991, owns property adjacent to the Vacation Area, which is identified as 108 Stonehurst Road (LRSN 12000593) (the Trust Property);

 

WHEREAS, the Orchards at Hampton River subdivision, also adjacent to the Vacation Area (the Orchards), is being developed at the end of Boxwood Point Road;

 

WHEREAS, during site plan review of the Orchards, staff became aware that the entire area highlighted on Exhibit A had been used for years as a public right of way;

 

WHEREAS, the owner of the property at 105 Southerland Drive (LRSN 12000609) demonstrated that the City obtained a sanitary sewer easement only over the highlighted section of Exhibit A adjacent to his property;

 

WHEREAS, restricting access across only the Vacation Area resulted in a dead-end right of way with insufficient area for a turnaround; and construction of the right of way to accommodate the Orchards would adversely impact the Trust Property, that is, the proposed curb at the intersection of Boxwood Point Road and Stonehurst Road is approximately 2 feet lower than the Trust property;

 

WHEREAS, staff suggested closure of the Vacation Area because Boxwood Point Road does not meet Hamptons Design and Construction Standards, for example, the pavement does not meet the required width for two-way traffic or emergency vehicle access, there is inadequate drainage, and no curb, gutter, or sidewalk;

 

WHEREAS, since the deficiencies severely limit the usefulness of the Vacation Area of public purposes, staff recommends that the Vacation Area be transferred without charge;

 

WHEREAS, staff also recommends that the Vacation Area not be developable unless it is merged with the Trust Property;

 

WHEREAS, staff and local public utility companies recommend that a 20 non-exclusive easement be retained over the entire Vacation Area for sanitary sewer and utilities;

 

WHEREAS, letters were sent to twelve residents in the neighborhood to gauge their interest in closing a portion of Boxwood Point Road; and staff received only two responses, one in favor of the closure, and the other, opposed;

 

WHEREAS, letters were sent to the three abutting property owners, two of which have no interest in the Vacation Area; and only the owner of the Trust Property expressed an interest in acquiring the Vacation Area; and

 

WHEREAS, pursuant to Chapter 34, Article V of the Code for the City of Hampton, City Council agrees to vacate a portion of Boxwood Point Road to Annie K. Starnes, Trustee of the Annie K. Starnes Revocable Trust dated January 16, 1991, comprising 3,797 square feet (0.087 acre), more or less, with the conditions that it not be developable unless merged with the Trust Property and that a 20 easement be retained over the entire Vacation Area for sanitary sewer and utilities.

 

NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Hampton, Virginia, as follows:

 

1. That the vacation of a portion of Boxwood Point Road comprising 3,797 square feet (0.087 acre), more or less, to Annie K. Starnes, Trustee of the Annie K. Starnes Revocable Trust, dated January 16, 1991, is hereby approved;

 

2. That the City Manager, or her authorized designee, and Clerk of Council are hereby authorized to execute and attest the vacation of a portion of Boxwood Point Road as set forth in this Ordinance and the Vacation Agreement attached as Exhibit B; and

 

3. That a certified copy of this vacation ordinance shall be recorded in the Office of the Clerk of the Circuit Court for the City of Hampton, Virginia in the manner as deeds are recorded and indexed in the name of the City of Hampton.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on July 8, 2015.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council