Legislation # 14-0257 Enactment Number 1173
Type Ordinance - Non-Coded Effective Date none
Introduction Date 6/11/2014
Title Ordinance Vacating a Surplus Variable Width Utility Easement Containing 14,239± Square Feet or 0.327± 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 LRSN 13003975.
 
Legislation History 14-0257
DateNotice Of ActionDescription
7/17/2014 Enactment Number 1173
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 14-0257
FileTypeSizeDescription
Vacation Agreement - Variable Width Easement with exhibits.pdf Other 2539K Vacation Agreement
GIS - Location Map - Variable Width Easement.pdf Other 1207K GIS Map
 
Legislation Text 14-0257

 

City of Hampton, Virginia

Ordinance - Non-Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 14-0257

 

Enactment Number: 1173

 

Ordinance Vacating a Surplus Variable Width Utility Easement Containing 14,239 Square Feet or 0.327 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 LRSN 13003975.

 

 

NON-CODED ORDINANCE # 1173

 

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-D and 1-E attached hereto (the EDA Property);

 

WHEREAS, the City of Hampton (the City) is the owner of a certain variable width utility easement (the Utility Easement) shown on Exhibit 1-E and used to provide utility lines to a City pump station located at 41 Floyd Thompson Boulevard, which was reserved by the City by that certain deed recorded in the Clerks office of the circuit court of the City of Hampton as instrument number 130011166;

 

WHEREAS, the Utility Easement contains 14,239 square feet or 0.327 acres and is located within the EDA Property;

 

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 Utility Easement in order to facilitate construction of the Project;

 

WHEREAS, City staff reviewed this request and recommend approval provided that Contract Purchaser properly abandon the utility lines within the Utility Easement area to be vacated, install and dedicate to the City new utility lines in the area depicted on Exhibit 1-D, and grant the city sufficient easements to cover the new utility lines as depicted on Exhibit 1-D;

 

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 Utility Easement as shown on Exhibit 1-E 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 Utility Easement as depicted on Exhibit 1-E is hereby approved, provided that the Contract Purchaser shall, at no cost to the City: (a) properly abandon the existing sewer utilities currently located in the Existing Variable Width Utility Easement area; (b) install and dedicate to the City new sewer utilities in the area depicted on Exhibit 1-D as 20 Utility Easement Hereby Dedicated to the City of Hampton, Virginia 19,109 S.F. 0.439 AC. , the installation and sufficiency of which shall be subject to the approval of the Department of Public Works; (c) dedicate to the City all easements necessary for the sewer utilities as depicted on Exhibit 1-D; and (d) 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