Legislation # 13-0362 Enactment Number none
Type Resolution Effective Date none
Introduction Date 9/11/2013
Title Resolution Authorizing the Granting and Execution of (1) a Deed of Easement Agreement to the Commonwealth of Virginia Department of State Police for a 70’ x 70’, 4900 Sq. Ft. Portion of City Owned Land and a 20’ Access and Utility Easement at 8110 Orcutt Avenue LRSN: 3002700, for a Telecommunications Tower and (2) a Right of Entry Agreement to New Cingular Wireless PCS, LLC for the Construction of a Telecommunications Tower for the Virginia Department of State Police at 8110 Orcutt Avenue
 
Legislation History 13-0362
DateNotice Of ActionDescription
9/11/2013 Adopted
9/11/2013 Held Public Hearing - there were no speakers but Cheryl Taylor of AT&T was available to answer any questions.
8/30/2013 Received By Clerk's Office
 
View Attachments 13-0362
FileTypeSizeDescription
Right of Entry Agreement Orcutt Ave.pdf Other 2924K Right of Entry Agreement
Exhibit A Orcutt Avenue.pdf Exhibit 176K Exhibit "A"
Deed of Easement Agreement Orcutt Avenue.pdf Deed 1207K Deed of Easement Agreement
 
Legislation Text 13-0362

 

City of Hampton, Virginia

Resolution

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 13-0362

 

Enactment Number: -

 

Resolution Authorizing the Granting and Execution of (1) a Deed of Easement Agreement to the Commonwealth of Virginia Department of State Police for a 70 x 70, 4900 Sq. Ft. Portion of City Owned Land and a 20 Access and Utility Easement at 8110 Orcutt Avenue LRSN: 3002700, for a Telecommunications Tower and (2) a Right of Entry Agreement to New Cingular Wireless PCS, LLC for the Construction of a Telecommunications Tower for the Virginia Department of State Police at 8110 Orcutt Avenue

 

RESOLUTION

WHEREAS, the City of Hampton owns a parcel of land approximately 2.8541 acres at 8110 Orcutt Avenue and designated as LRSN: 3002700 (the Property);

WHEREAS, by deed dated July 1, 1954 and recorded in Deed Book 220, page 189, wherein the Property was conveyed to the City, the Commonwealth of Virginia reserved unto itself, among other rights and easements, the complete ownership and control of an existing radio tower/telecommunications tower for the Department of State Police, and the right and easement to control, use and maintain an area 70 in length on all sides;

WHEREAS, the existing telecommunications tower is in a state of disrepair and the Commonwealth desires to construct, operate and maintain a new telecommunications tower on the Property which requires the City to grant the Commonwealth a new 70 x 70 easement area and a 20 access and utility easement for the installation, construction, maintenance, operation, use, repair, and replacement of the new telecommunications tower;

WHEREAS, New Cingular Wireless PCS, LLC is the contractor for the Commonwealth of Virginia and requests the City to grant a right of entry to a portion of the Property to construct the new telecommunications tower and remove the existing one once the new tower is completed;

 

WHEREAS, the City has negotiated a Deed of Easement Agreement with the Commonwealth of Virginia for the new telecommunications tower area and the access and utility easement and a Right of Entry Agreement with New Cingular for the construction of the new telecommunications tower and the removal of the existing tower; and

WHEREAS, the terms of the Deed of Easement Agreement and the Right of Entry Agreement, copies of which are attached to this Resolution, are reasonable and acceptable.

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

1. That the granting of a 70 by 70, 4900 sq. ft. easement area and a 20 access and utility easement at 8110 Orcutt Avenue to the Commonwealth of Virginia Department of State Police and a right of entry to New Cingular Wireless PCS, LLC at 8110 Orcutt Avenue are hereby approved.

2. That the City Manager or her designee is hereby authorized and directed to execute the Deed of Easement Agreement between the City of Hampton and the Commonwealth of Virginia Department of State Police and the Right of Entry Agreement between the City of Hampton and New Cingular Wireless PCS, LLC, as set forth in this Resolution.

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia, held on 11th day of September, 2013.

 

 

Signed by ____________________________ Date _________________

Molly Joseph Ward, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council