Legislation # 06-0544 Enactment Number none
Type Resolution Effective Date 9/27/2006
Introduction Date 9/27/2006
Title Resolution to Authorize the Execution of a Temporary Easement Agreement Granting Two Temporary Easements to Sandler at Coliseum Central, LLC on a portion of Newmarket Creek at Air Power Park
Legislation History 06-0544
DateNotice Of ActionDescription
9/27/2006 Adopted
9/27/2006 Held Public Hearing
9/18/2006 Received By Clerk's Office
View Attachments 06-0544
SandlerAirPowerTemp.doe 8.28.06.DOC Exhibit 76K Temporary Easement Agreement
LandTech_EXH-A.pdf Exhibit 233K Plat
aerial impacted wetlands.pdf Photo 103K Aerial view of the Drainage Ditch proposed to be filled
Legislation Text 06-0544


City of Hampton, Virginia


22 Lincoln Street

Hampton, VA 23669



File Number: 06-0544


Enactment Number: -


Resolution to Authorize the Execution of a Temporary Easement Agreement Granting Two Temporary Easements to Sandler at Coliseum Central, LLC on a portion of Newmarket Creek at Air Power Park



WHEREAS, the City of Hampton (City) conveyed approximately 25.38 acres of land in the Crossroads area at Coliseum Central to the Hampton Redevelopment and Housing Authority (HRHA) for the development by Sandler at Coliseum Central L.L.C. (Sandler) of what is now known as the H2O Residential Project;

WHEREAS, the HRHA subsequently entered into a Development Agreement dated February 25, 2005 with Sandler for the development of the H2O Residential Project;

WHEREAS, in order to effectively utilize the H2O Residential Project site, Sandler, requested permission from the appropriate governmental authorities to fill a drainage ditch that bisects the H2O property and accordingly, filed a Joint Permit Application (JPA) with the Virginia Marine Resource Commission (VMRC), the Army Corp of Engineers (USACE), and the Hampton Wetlands Board (Wetlands Board) for the fill of the drainage ditch;

WHEREAS, VMRC requires that filled wetlands be replaced (mitigated) either on site or within the watershed of the area being disturbed, if no area is available on site;

WHEREAS, a 35,579.184 square foot portion (Wetlands Mitigation Area) of an 11.185 acres City-owned parcel of land along the waters edge at Newmarket Creek at the rear of Air Power Park (the Property) was selected as the most suitable site;

WHEREAS, Sandlers proposal to create a wetlands mitigation site upon the Wetlands Mitigation Area necessitates the Citys grant of two 5 year easements which consist of (i) a " Temporary Wetlands Mitigation Easement", which will permit Sandlers construction, creation, enhancement and maintenance of the wetlands as required under the permits issued by the Wetlands Board and the USACE, and (ii) a Temporary 20 Access Easement, which will grant Sandler ingress and egress over a specified portion of the Property to the Wetlands Mitigation Area.;

WHEREAS, the City Council has determined that (i) the location of the Wetlands Mitigation Area will not impose any negative impact to future development proposals at Air Power Park or to the proposed improvements included as part of the draft Newmarket Creek Park Plan, (ii) the mitigation project will clean up debris, remove invasive plant species, and create better visibility of Newmarket Creek from Air Power Park, and (iii) the grant of the two temporary easements as aforesaid is essential to the development of the H2O Residential Project to which the City Council has committed its support; and

Whereas, the City finds the terms and conditions of the Easement Agreement attached hereto to be acceptable.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, that it approves the terms of the Temporary Easement Agreement attached hereto and, accordingly, the City Manager or his Authorized Designee is hereby authorized to execute and deliver to Sandler the Temporary Easement Agreement in substantially the form attached hereto.

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia, held on September 27, 2006.



Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor





Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council