Legislation # 06-0606 Enactment Number none
Type Resolution Effective Date none
Introduction Date 10/25/2006
Title Resolution to authorize the execution of a Declaration of Restrictive Covenants over a portion of Mill Point Park in exchange for a release of a deed restriction imposed over a portion of Carousel Park by the Virginia Department of Conservation and Recreation.
 
Legislation History 06-0606
DateNotice Of ActionDescription
10/25/2006 Approved
10/14/2006 Received By Clerk's Office
 
View Attachments 06-0606
FileTypeSizeDescription
Carousel ParkFact Sheet revised (2).doc Other 36K Carousel Park Fact Sheet
Carousel Dec of Rest Cov final.doc Contract 50K Declaration of Restrictive Covenants
CAROUSEL SITE schedule b.pdf Plat 112K Carousel Site - Schedule B Plat
MillPtPrk_Wed_04Oct2006.pdf Plat 41K Plat of Mill Point Park
 
Legislation Text 06-0606

 

City of Hampton, Virginia

Resolution

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0606

 

Enactment Number: -

 

Resolution to authorize the execution of a Declaration of Restrictive Covenants over a portion of Mill Point Park in exchange for a release of a deed restriction imposed over a portion of Carousel Park by the Virginia Department of Conservation and Recreation.

 

RESOLUTION

WHEREAS, in 1989, the City of Hampton (City), developed Carousel Park in part through a grant and a loan from the Commonwealth of Virginia under the Department of Conservation and Recreation (DCR) Virginia Outdoor Fund Program ;

WHEREAS, in accordance with the funding requirements, a deed restriction was imposed over the Carousel Park Property which limited uses thereon to outdoor recreational uses;

WHEREAS, in 2004, City Council adopted the Downtown Hampton Master Plan which included recommendations for improved parks and waterfront connections, including restaurant/retail amenities and enhancements to Carousel Park;

WHEREAS, in order to implement the Plans recommendation for the addition of a restaurant/retail amenity within Carousel Park, the existing deed restriction would have to be released over a 19,043 square foot portion of the Carousel Park Property;

WHEREAS, the DCR has an established procedure to accomplish the proposed release through the imposition of restrictive covenants upon a site comparable in land characteristics and open space value to the existing site and acceptable to the DCR;

WHEREAS, in 2006, city staff and the DCR determined that a portion of Mill Point Park was identified as the most suitable site for replacing the open space values of the portion of the Carousel Park identified for the new restaurant/retail amenity;

WHEREAS, the attached Declaration of Restrictive Covenants solely restricts future development of that portion of Mill Point Park;

WHEREAS, the DCR has agreed that the imposition of restrictive covenants over a portion of Mill Point Park in exchange for the release of the deed restriction over a portion of Carousel Park meets the DCRs requirement to maintain the inventory of lands protected under the Virginia Outdoors Fund Program for the benefit and use of the public; and

WHEREAS, the City finds the terms and conditions of the Declaration of Restrictive 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 Restrictive Covenants attached hereto and, accordingly, the City Manager or his Authorized Designee is hereby authorized to execute the Deed of Restrictive 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 October 25, 2006.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council