Legislation # 06-0543 Enactment Number none
Type Resolution Effective Date 9/27/2006
Introduction Date 9/27/2006
Title Resolution to Authorize the Execution of a Declaration of Restriction Covenants Over a Portion of Newmarket Creek at Air Power Park to Protect and Preserve a Wetlands Mitigation Site
 
Legislation History 06-0543
DateNotice Of ActionDescription
9/27/2006 Approved items 1 through 13 on the consent agenda.
9/18/2006 Received By Clerk's Office
 
View Attachments 06-0543
FileTypeSizeDescription
SandlerAirPowerPark.cov.doc Other 53K Draft Declaration of Restriction Covenants
LandTech_EXH-B.pdf Map 195K Exhibit B, Plat of Area Subject to Restrictive Covenants
 
Legislation Text 06-0543

 

City of Hampton, Virginia

Resolution

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0543

 

Enactment Number: -

 

Resolution to Authorize the Execution of a Declaration of Restriction Covenants Over a Portion of Newmarket Creek at Air Power Park to Protect and Preserve a Wetlands Mitigation Site

 

RESOLUTION

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, a portion 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 for wetlands mitigation;

WHEREAS, as a condition of the JPA approval, the USACE requires the owner of the Property (the City) wherein the mitigation site is located to impose deed restrictions upon the mitigation area to protect it from future negative impacts and to preserve its character as a wetlands site;

WHEREAS, the attached Declaration of Restriction Covenants solely restricts future development of the 30,673.873 square foot wetlands mitigation site with the exception of passive recreational development activities and, accordingly, 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; and

Whereas, the City finds the terms and conditions of the Declaration of Restriction Covenants to be acceptable.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, that it approves the terms of the Deed of Restriction Covenants attached hereto and, accordingly, the City Manager or his Authorized Designee is hereby authorized to execute the Deed of Restriction Covenants in substantially the form attached hereto and deliver same to the City attorney for recordation in the Office of the Clerk of the Circuit Court for the City of Hampton, Virginia.

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