Legislation # 15-0007 Enactment Number 1179
Type Ordinance - Non-Coded Effective Date 1/14/2015
Introduction Date 1/14/2015
Title Ordinance Approving the Vacation of a Drainage Easement on Property Owned by Mercury Mall Associates Located at 117 Marketplace Drive (LRSN 13001513), Comprising 17,822 Square Feet (0.409 Acre), More or Less
 
Legislation History 15-0007
DateNotice Of ActionDescription
2/5/2015 Enactment Number 1179
1/28/2015 Approved
1/28/2015 Held Public Hearing - there were no speakers on this item.
1/28/2015 Presented by Veronica Meade, Senior Assistant City Attorney.
1/5/2015 Received By Clerk's Office
 
View Attachments 15-0007
FileTypeSizeDescription
Mercury Mall Associates Vacation Agreement.pdf Other 668K Vacation Agreement
 
Legislation Text 15-0007

 

City of Hampton, Virginia

Ordinance - Non-Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0007

 

Enactment Number: 1179

 

Ordinance Approving the Vacation of a Drainage Easement on Property Owned by Mercury Mall Associates Located at 117 Marketplace Drive (LRSN 13001513), Comprising 17,822 Square Feet (0.409 Acre), More or Less

 

WHEREAS, Mercury Mall Associates (Owner) owns property located at 117 Marketplace Drive (LRSN 13001513) upon which a Walmart Neighborhood Market is being built in the Mercury Plaza shopping center, which is located at the intersection at W. Mercury Boulevard and Power Plant Parkway (the Property);

 

WHEREAS, the City has a public drainage easement across the Property, which does not convey public water;

 

WHEREAS, the drainage system across the Property conveys water only from the shopping center;

 

WHEREAS, pursuant to Chapter 34, Article V of the Code for the City of Hampton, the site plan reviewer recommends and Owner requests vacation of this drainage easement, comprising 17,822 square feet (0.409 acre), more or less, as depicted on the attached plat (the Vacation Area);

 

WHEREAS, upon approval, all maintenance responsibilities for this drainage system will lie with the Owner or its tenants;

 

WHEREAS, local public utility companies and City staff have reviewed this request, and none have any objection;

 

WHEREAS, the Vacation Area will not be needed for any public purpose; and

 

WHEREAS, pursuant to Chapter 34, Article V of the Code for the City of Hampton, City Council agrees to vacate the drainage easement on property owned by Mercury Mall Associates, which is located at 117 Marketplace Drive (LRSN 13001513), comprising 17,822 square feet (0.409 acre), more or less.

 

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

 

1. That the vacation of a portion of the drainage easement on property owned by Mercury Mall Associates, which is located at 117 Marketplace Drive (LRSN 13001513), comprising 17,822 square feet (0.409 acre), more or less, is hereby approved;

 

2. That the City Manager, or her authorized designee, and Clerk of Council are hereby authorized to execute and attest the vacation of the drainage easement at 117 Marketplace Drive as set forth in this Ordinance; and

 

3. That a certified copy of this vacation ordinance shall be recorded in the Office of the Clerk of the Circuit Court for the City of Hampton, Virginia in the manner as deeds are recorded and indexed in the name of the City of Hampton.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on January 14, 2015.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council