Legislation # 15-0298 Enactment Number 1203
Type Ordinance - Non-Coded Effective Date 10/14/2015
Introduction Date 10/14/2015
Title Ordinance Approving the Vacation of 40’ Environmental Easements and 10’ Drainage Easements to the Following Property Owners: (i) John L. Henderson and Kelley L. Henderson at 14 Hawkins Court (LRSN 5001217), Comprising 2,800 s.f. and 700 s.f., Respectively; (ii) Julio E. Santiago Alers and Myrna Santiago, Also Known as Myrna Santiago Alers at 18 Hawkins Court (LRSN 5001215) Comprising 2,800 s.f. and 700 s.f., Respectively; and (iii) Don R. Edwards and Jennifer L. Edwards at 26 Hawkins Court (LRSN 5001211) Comprising 3,560 and 865 s.f., Respectively, All Measurements More or Less
 
Legislation History 15-0298
DateNotice Of ActionDescription
10/18/2015 Enactment Number 1203
10/14/2015 Approved
10/14/2015 Held Public Hearing - there were no speakers on this item.
10/5/2015 Received By Clerk's Office
 
View Attachments 15-0298
FileTypeSizeDescription
Sketch - 14 Hawkins Court.pdf Other 249K Sketch - 14 Hawkins Court
Sketch- 18 Hawkins Court.pdf Other 258K Sketch - 18 Hawkins Court
Sketch - 26 Hawkins Court.pdf Other 262K Sketch - 26 Hawkins Court
 
Legislation Text 15-0298

 

City of Hampton, Virginia

Ordinance - Non-Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0298

 

Enactment Number: 1203

 

Ordinance Approving the Vacation of 40 Environmental Easements and 10 Drainage Easements to the Following Property Owners: (i) John L. Henderson and Kelley L. Henderson at 14 Hawkins Court (LRSN 5001217), Comprising 2,800 s.f. and 700 s.f., Respectively; (ii) Julio E. Santiago Alers and Myrna Santiago, Also Known as Myrna Santiago Alers at 18 Hawkins Court (LRSN 5001215) Comprising 2,800 s.f. and 700 s.f., Respectively; and (iii) Don R. Edwards and Jennifer L. Edwards at 26 Hawkins Court (LRSN 5001211) Comprising 3,560 and 865 s.f., Respectively, All Measurements More or Less

 

WHEREAS, the recorded Samantha Lakes subdivision plat depicts a 10 drainage easement and an abutting 40 environmental easement (the Easements) at the rear of Lot Nos. 013 through 020 on Hawkins Court (the Burdened Lots);

 

WHEREAS, definitive evidence as to why the environmental easement was required and by whom is unclear despite diligent efforts to locate this information;

 

WHEREAS, it is speculated that the environmental easement was a condition of subdivision plat approval at the beginning of the environmental conservation era, or perhaps wetlands existed in the area that may explain the prohibition against construction of out buildings and/or the addition of fill material within the environmental easement pursuant to the recorded Declaration of Restrictions of Samantha Lakes;

 

WHEREAS, drainage problems existed on the Burdened Lots, which currently drain to a grass swale;

 

WHEREAS, construction plans for the subdivision indicate a concrete swale exists in this area, which could not be located either because it was never installed or has been buried;

 

WHEREAS, in April of 2011, the City agreed to vacate the environmental easement and re-grade the Burdened Lots at no cost to the owners of the Burdened Lots;

 

WHEREAS, drainage pipes and an earth swale were installed, such that the Burdened Lots now drain to the rear yards;

 

WHEREAS, to honor the Citys earlier agreement, staff requested written acquiescence from each of the eight sets of property owners prior to presenting these vacation requests to Council;

 

WHEREAS, the following property owners have requested vacations as indicated:

 

Owners

Address (LRSN)

40 Environmental Easement

10 Drainage Easement

John L. & Kelley L. Henderson

14 Hawkins Court

(5001217)

2,800 s.f.

700 s.f.

Julio E. Santiago Alers and Myrna Santiago, also known as Myrna Santiago Alers

18 Hawkins Court

(5001215)

2,800 s.f.

700 s.f.

Don R. and Jennifer L. Edwards

26 Hawkins Court

(5001211)

3,560 s.f.

865 s.f.

 

WHEREAS, local public utility companies and city staff have reviewed this request, none of which 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 40 environmental easements and 10 drainage easements as set forth in this Ordinance without cost to the property owners.

 

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 40 environmental easements and 10 drainage easements to the following property owners: (i) John L. Henderson and Kelley L. Henderson at 14 Hawkins Court (LRSN 5001217), comprising 2,800 s.f. and 700 s.f., Respectively; (ii) Julio E. Santiago Alers and Myrna Santiago, also known as Myrna Santiago Alers at 18 Hawkins Court (LRSN 5001215) comprising 2,800 s.f. and 700 s.f., respectively; and (iii) Don R. Edwards and Jennifer L. Edwards at 26 Hawkins Court (LRSN 5001211) comprising 3,560 and 865 s.f., respectively, more or less, is approved;

 

2. That the City Manager, or her authorized designee, and Clerk of Council are authorized to execute and attest the vacation of the 40 environmental easements and 10 drainage easements 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 October 14, 2015.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council