Legislation # 06-0649 Enactment Number none
Type Acquisitions Effective Date none
Introduction Date 11/15/2006
Title Resolution Authorizing Acquisition of Property Known as RPC#2001051 - a parcel of land containing approximately 0.84+ acres at the northeast intersection of Back River Road and West Queen Street.
 
Legislation History 06-0649
DateNotice Of ActionDescription
1/10/2007 Approved
11/15/2006 Deferred (1/10/2007) - Council requested that staff report back on the status of this matter at the December 13, 2006, meeting and action will be considered at the January 10, 2007 meeting.
11/15/2006 Held Public Hearing
11/15/2006 Presented by Sally J. Andrews, Chief Deputy City Attorney, and Michael C. Canty, Director of School/Community Investments.
11/4/2006 Received By Clerk's Office
 
View Attachments 06-0649
FileTypeSizeDescription
EXHIBIT.doc Exhibit 26K Legal Description
Hunt survey.pdf Plat 53K Plat
061115 Proof of Ad 2.pdf Advertisement 19K Ad
 
Legislation Text 06-0649

 

City of Hampton, Virginia

Acquisitions

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0649

 

Enactment Number: -

 

Resolution Authorizing Acquisition of Property Known as RPC#2001051 - a parcel of land containing approximately 0.84+ acres at the northeast intersection of Back River Road and West Queen Street.

 

 

WHEREAS, the property containing 1.324 acres more or less and located at the northeast corner of Back River Road and West Queen Street in the City of Hampton, was acquired by Donald S. Hunt t/a Hunt Construction (Hunt) on Jan. 11, 1988, under a contract with the City of Hampton that obligated Hunt to develop the property in accordance with the West Hampton Target Area Plan within twenty-four months of acquisition; and

 

WHEREAS, the City of Hampton adopted the Conservation Plan for the Olde Hampton Neighborhood Approved on March 10, 2004; as the most current applicable revision of the West Hampton Target Area Plan; and

 

WHEREAS, pursuant to a Trustees deed, a portion of the property containing 0.5021 acres, more or less, was subsequently conveyed to the Hampton Redevelopment and Housing Authority (HRHA); and

 

WHEREAS, the balance of the property now owned by Hunt contains approximately 0.84+ acres (RPC #2001051) and is further described in the legal description annexed to and made a part of this resolution, as Exhibit A; and

 

WHEREAS, Hunt has failed to redevelop the property in accordance with the contract; and

 

WHEREAS, Hunt was given notice on March 22, 2005 that he had failed to meet the requirements for redevelopment of the property; and

 

WHEREAS, more than one year has elapsed from the date of notification to upgrade or redevelop wherein appropriate action has not been taken to bring the property into compliance with the objective of the Conservation Plan; and

 

WHEREAS, the rights of the City of Hampton under the contract with Hunt have been assigned to the HRHA; and

 

WHEREAS, the Site Acquisition Review Committee has met pursuant to Section H-#1 of the Conservation Plan for the Olde Hampton Neighborhood and has determined that the property should be acquired; and

 

WHEREAS, City staff has made every effort to acquire the property through meaningful negotiations with the property owner; and

 

WHEREAS, Hunt has not been able to convey good title free and clear of liens due to numerous judgment liens encumbering the property in excess of its value; and

 

WHEREAS, acquisition of the property by exercise of the power of eminent domain is necessary due to the longstanding failure of the owner to bring the property into compliance with the objectives of the Conservation Plan and the inability of the owner to convey title free and clear of all liens.

 

NOW, THEREFORE, be it Resolved by the Council of the City of Hampton, that the City of Hampton pursuant to the Conservation Plan authorizes the HRHA and requests the HRHA to acquire the property described in Exhibit A by negotiation and if the owner fails to accept the offer and is unable to convey title to the property free and clear of all liens and encumbrances, then by initiation of a suit for condemnation.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on January 10, 2007.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council