Legislation # 14-0256 Enactment Number 1172
Type Ordinance - Non-Coded Effective Date none
Introduction Date 6/11/2014
Title Ordinance Vacating a Surplus 60’ Public Access and Utility Easement Containing 79,426± Square Feet or 1.83± Acres Located on Property Owned by the Economic Development Authority of the City of Hampton Near the Intersection of Floyd Thompson Boulevard and Research Drive and Designated as LRSNs 13003975 and 13003976.
 
Legislation History 14-0256
DateNotice Of ActionDescription
7/17/2014 Enactment Number 1172
6/11/2014 Adopted
6/11/2014 Held Public Hearing - there were no speakers on the item.
6/2/2014 Received By Clerk's Office
 
View Attachments 14-0256
FileTypeSizeDescription
Vacation Agreement - 60' Easement with exhibits.pdf Other 3028K Vacation Agreement
GIS - Location Map - 60' Easement.pdf Other 1138K GIS Location Map
 
Legislation Text 14-0256

 

City of Hampton, Virginia

Ordinance - Non-Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 14-0256

 

Enactment Number: 1172

 

Ordinance Vacating a Surplus 60 Public Access and Utility Easement Containing 79,426 Square Feet or 1.83 Acres Located on Property Owned by the Economic Development Authority of the City of Hampton Near the Intersection of Floyd Thompson Boulevard and Research Drive and Designated as LRSNs 13003975 and 13003976.

 

 

NON-CODED ORDINANCE # 1172

 

 

WHEREAS, the Economic Development Authority of the City of Hampton, Virginia (the EDA) is the fee simple owner of a certain parcel of property located in the City of Hampton and designated as LRSN 13003975, which is depicted as Parcel 5 on Exhibits 1-F and 1-G attached hereto (the EDA Property);

 

WHEREAS, the EDA is the fee simple owner of a second parcel of property located in the City of Hampton known as Basil Sawyer Drive and designated as LRSN 13003976, which is depicted as Parcel 6 on Exhibits 1-F and 1-G (the Basil Sawyer Drive Property);

 

WHEREAS, the City of Hampton (the City) is the owner of a certain 60 access and utility easement (the 60 Easement), as shown on Exhibit 1-G, used to provide access and utility lines to a City pump station located at 41 Floyd Thompson Boulevard, which was dedicated to the City as shown on that certain plat entitled, DEDICATION PLAT OF THE PROPERTY OF REGIONAL REDEVELOPMENT AND HOUSING AUTHORITY FOR HAMPTON AND NEWPORT NEWS, VA. CITY OF HAMPTON VIRGINIA, prepared by Coenen & Associates, Inc., recorded in the Clerks office of the circuit court of the City of Hampton, Virginia in Plat Book 8 at Page 10 and dated July 26, 1983;

 

WHEREAS, the 60 Easement contains 79,426 square feet or 1.83 acres and is located across both the EDA Property and the Basil Sawyer Drive Property owned by the EDA;

 

WHEREAS, the EDA and SDC 24 Norfolk, VA, L.L.C. (Contract Purchaser) are parties to a contract pursuant to which the EDA and Contract Purchaser agree to the sale of the EDA Property to be used by the Contract Purchaser to develop a small package sort and distribution facility (the Project);

 

WHEREAS, Contract Purchaser has requested vacation of the 60 Easement in order to facilitate construction of the Project;

 

WHEREAS, City staff reviewed this request and recommend approval provided that sufficient easement area is granted to the City to cover the existing utility lines within the 60 Easement to be vacated and the City retains access to its pump station at 41 Floyd Thompson Boulevard, as depicted on Exhibit 1-F;

 

WHEREAS, local public utility companies reviewed this request and do not object to the vacation, provided that if Dominion Virginia Power utility lines are identified on the EDA Property, Contract Purchaser shall relocate the utilities and dedicate all necessary easements at no cost to the City;

 

WHEREAS, Chapter 34 of the City Code and section 15.2-2006 of the Virginia Code permit vacation of public easements by action of the City Council;

 

WHEREAS, the City Council held a duly noticed public hearing concerning the proposed vacation pursuant to the requirements of Virginia Code 15.2-2006; and

WHEREAS, the City Council finds that vacation of the 60 Easement as shown on Exhibit 1-G is in the best interest of the City and its citizens.

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

1. That the vacation of the 60 Easement as depicted on Exhibit 1-G is hereby approved, provided that: (a) the Contract Purchaser shall dedicate to the City, at no cost, all easements necessary to serve the pump station located at 41 Floyd Thompson Boulevard for ingress, egress, and utilities as depicted on Exhibit 1-F; (b) conditions for the 20 access easement depicted on Exhibit 1-F shall include (i) use of the access easement shall be limited to City of Hampton (City) employees and other authorized designees of the City, (ii) City shall make a good faith effort to coordinate access times to coincide with lower-activity periods and to provide advanced notice to the property owner for all scheduled maintenance. City may access the pump station unannounced in cases of emergency. Notwithstanding the foregoing, the City shall have access to the pump station 24 hours a day, 7 days a week, (iii) City shall enter the property through the secure truck entrance gate. Entrance through the secure truck entrance gate shall not be withheld, and (iv) City shall lock the gate behind them when working on the pump station; and (c) if additional utility lines are identified on the EDA Property, Contract Purchaser shall relocate the utilities and dedicate all necessary easements at no cost to the City.

2. That the City Manager or her authorized designee is hereby authorized to execute the vacation as set forth in this ordinance.

3. That a certified copy of this vacation ordinance be recorded in the circuit court for the City of Hampton, Virginia after the aforesaid conditions are met, in accordance with the Virginia Code.

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia, held on June 11, 2014.

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council