Legislation # 14-0123 Enactment Number none
Type Resolution Effective Date 3/12/2014
Introduction Date 3/12/2014
Title Resolution Authorizing the Conveyance of City Owned Property Located in the Grandview Subdivision, Also Known As “White Marsh,” Totaling 22± Acres and Designated as LRSNs 13002918 and 13002957 to GRANDVIEW ISLAND BEACH PARTNERS CORP., At No Cost, and the Execution and Delivery of All Documents Necessary for the Conveyance.
 
Legislation History 14-0123
DateNotice Of ActionDescription
3/12/2014 Approved
3/12/2014 Held Public Hearing - Bud Hurst and Anne Butcher spoke in favor of the resolution.
3/2/2014 Received By Clerk's Office
 
View Attachments 14-0123
FileTypeSizeDescription
DEED - COH to Grandview Island Beach Partners - FINAL.pdf Deed 238K Deed
CityProperty_Grandview_Whitemarsh (3).pdf Map 720K Exhibit 1 and Exhibit 2
 
Legislation Text 14-0123

 

City of Hampton, Virginia

Resolution

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 14-0123

 

Enactment Number: -

 

Resolution Authorizing the Conveyance of City Owned Property Located in the Grandview Subdivision, Also Known As White Marsh, Totaling 22 Acres and Designated as LRSNs 13002918 and 13002957 to GRANDVIEW ISLAND BEACH PARTNERS CORP., At No Cost, and the Execution and Delivery of All Documents Necessary for the Conveyance.

 

RESOLUTION

WHEREAS, the City of Hampton (the City) is the record owner of two vacant parcels of land in the City of Hampton, known as State Park Drive and designated as LRSNs 13002918 and 13002957, constituting an approximate total of 22 acres, which are further depicted on Exhibit 1 and Exhibit 2 attached hereto (the Property);

 

WHEREAS, the Property is part of the undeveloped Grandview subdivision, also known as White Marsh, which includes more than 100 acres of environmentally sensitive properties, beach, and water bodies;

WHEREAS, the City acquired the Property in 1966, has no plans to develop the Property, and desires to preserve the Property in an undeveloped state in perpetuity in order to benefit the general public;

WHEREAS, the surrounding properties are all owned by private individuals;

WHEREAS, the Hampton Community Plan (2006, as amended) identifies all of the White Marsh area as an undeveloped future beach and nature area;

WHEREAS, the City Council for the City discussed the possible conveyance of the Property at its February 12, 2014 afternoon session meeting and formed consensus around the idea of transferring ownership of the Property to a conservation group with restrictions on its development in order to preserve the Property;

WHEREAS, Grandview Island Beach Partners Corp. (Grandview Island) is a nonprofit Virginia corporation organized for the purpose of acquiring properties in the Grandview area in order to preserve and protect them in their natural state;

WHEREAS, Grandview Island has agreed to take ownership of the Property subject to Deed Restrictions binding on Grandview Island and all its successors and assigns in perpetuity, which will run with the land;

WHEREAS, said Deed Restrictions will: (1) limit the use of the Property to open space for the passive recreational, scenic, educational, and conservation use of the general public as well as allow all generally acceptable wildlife management practices; (2) prohibit all commercial, residential, or industrial development, including buildings, structures, hardscape, roads, parking areas, and utilities; (3) prohibit all land-disturbing activities except those reasonably necessary activities permitted by law and in accordance with the Coastal Primary Sand Dune Protection Act for: wetland or shoreline protection and/or restoration and erosion control, including oyster reefs, sand fencing, landscaping, and sand replenishment that may be necessary to protect sand dunes or wildlife habitat; (4) prohibit the subdivision, transfer, lease, or other conveyance of interest in the Property without formal approval of the City Council by a duly adopted resolution, and that any such transfer of interest in the Property shall incorporate the same restrictions as enumerated in the Deed Restrictions; (5) require that any sale of the Property as approved by the City Council shall entitle the City to 50% of the proceeds of such sale; (6) require that Grandview Island grant all shoreline protection easements requested by the City at no cost for the benefit of the City; (7) prohibit bonfires; (8) prohibit all activities on the Property after sundown; (9) require that the Property be kept clear of all trash, refuse, junk, and debris; (10) prohibit the display of all signage and advertising on the Property except for signage consistent with the zoning ordinance stating the name and/or address of the owners of the Property and/or the hours of use; (11) reserve the Citys right to enter the Property at any time for purposes of inspection to ensure compliance with the Deed Restrictions; (12) reserve the Citys right to bring an action at law or in equity to enforce the Deed Restrictions, including the right to demand reconveyance of the Property, to enjoin any activity in breach of the Deed Restrictions, and to require restoration of the Property to its condition at the time of the conveyance to Grandview Island, or to its condition prior to the violation, and recover damages arising from non-compliance; and (13) require that any change in the Deed Restrictions require formal Council approval by a duly adopted resolution; and

WHEREAS, the City Council has determined that the conveyance of the Property to Grandview Island with said Deed Restrictions is in the best interest of the City and its citizens, and that the terms of the conveyance are acceptable.

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

1. That the conveyance of the Property to Grandview Island, with said Deed Restrictions, is hereby approved; and

2. That the City Manager is authorized to execute and deliver all documents necessary for the conveyance.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia, held on March 12, 2014.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council