April 10, 2018
To the Honorable Council City of Norfolk, Virginia Richard Broad, Director ent of Public Works Depa
From:
Ward/Superward: 4/7
Reviewed: Wy
Chief Deputy City Manager Item Number:
Approved: Doug I.
Subject: 20' drainage easement conveyed by Lake Wright Retail Investors, LLC for existing storm drain pipe
R-01
ith, City Manager
Recommendation: Adopt Ordinance
II.
Applicant: City of Norfolk
III.
Description: This agenda item is an ordinance to approve the conveyance of a public drainage easement by Lake Wright Retail Investors, LLC to the City of Norfolk (the "City") over property located at 6282 Northampton Boulevard.
IV.
Analysis: The City owns and maintains a drainage pipe that corresponds to the location of the proposed public drainage easement being conveyed under this ordinance. This drainage easement will allow the City to continue to operate the pipe during and after planned development occurs to the property.
V.
Financial Impact: The easement is being conveyed to the City at no cost.
VI.
Environmental: The conveyed easement will have no impact of natural resources, neighborhood preservations or historic resources.
VII.
Community Outreach/Notification: Public notification for this agenda item was conducted through the City of Norfolk's agenda notification process.
810 UNION STREET, SUITE 1 101 1 NORFOLK VIRGINIA 23510 ■ 757-664-4242 www.norfolk.gov
VIII.
IX.
Board/Commission Action: N/A Coordination/Outreach: This letter and ordinance have been coordinated with the City Attorney's Office and Department of Public Works.
Supporting Material from the Office of the City Attorney • Ordinance • Deed of Easement • Exhibit Plat
2/27/2018-wid Form and Correctness Approve
Contents Approved:
By
By (Y,--.1(111r14t'j DEPT, Public Works
e of the City Attorney NORFOLK, VIRGINIA
ORDINANCE No. AN ORDINANCE ACCEPTING THE CONVEYANCE OF A DRAINAGE EASEMENT BY LAKE WRIGHT RETAIL INVESTORS, LLC TO THE CITY OF NORFOLK AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE DEED OF EASEMENT ON BEHALF OF THE CITY.
BE IT ORDAINED by the Council of the City of Norfolk: Section 1:- That the conveyance of a drainage easement shown on Exhibit A attached hereto, by Lake Wright Retail Investors, LLC to the City of Norfolk, is hereby accepted and approved. Section 2:- That the City Manager is authorized to accept a Deed of Easement, attached hereto as Exhibit B, in form approved by the City Attorney, and to do all things necessary and proper to effect the conveyance of the drainage easement to the City of Norfolk. Section 3:- That this ordinance shall be in effect from and after its adoption.
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EXHIBIT A TO ORDINANCE CURVE TABLE CURVE RADIUS Cl
583.50'
LENGTH TANGENT 76.56'
152.24'
DELTA
CHORD BEARING
CHORD
14°56'57"
N29°16'13'W
151.81'
LINE TABLE LINE
BEARING
LENGTH
L1
N10°45'10"E
35.21'
L2
N36°44'41'W
40.64'
L3
N22°1122'W
16.76'
L4
N11°21'44'W
51.25'
L5
N27°31'24'W
159.22'
L6
N30°34'44'W
402.20' 20' PUBLIC DRAINAGE t:•:•1 EASEMENT HEREBY •I DEDICATED TO THE I• CITY OF NORFOLK :4 (SEE SHEET 2 FOR DETAIL)-v::1
0
PARCEL 1A (M.B. 74, P. 136-137) N/F LAKE WRIGHT RETAIL INVESTORS, LLC (INST #160017267) ACCOUNT #80997618 GPIN 1458678668
PREMIUM OUTLETS BOULEVARD VARIABLE WIDTH PUBLIC R/W (INST #160009769) FORMERLY PARCEL 2A (MB. 74, P. 136-137)
EXHIBIT SHOWING
NOTE: THIS PLAT IS FOR EASEMENT DEDICATION PURPOSES AND DOES NOT CONSTITUTE A SUBDIVISION OF LAND THIS DRAWING PREPARED AT THE VIRGINIA PEACH OFFICE 2901 South Lynnhaven Road, Suite 200 I WOW. Beach, VA 23452 TEL 757.213.6679 FAX 757.340.1415 womtrnmons.com
SCALE 1"=100'
DEDICATION OF PUBLIC DRAINAGE EASEMENT TO THE CITY OF NORFOLK LOCATED ON PARCEL 1A
100'
YOUR VISION AGNEW) THROUGH OURS.
200'
(M.B. 74, P. 136 AND 137)
Norfolk Date: 01/24/2018 Sheet 1 of 2 Drawn by: Tellefsen
Virginia Scale: 1"= 100' J.N. : 38326 Checked by: Patterson
TIMMONS GROUP .••:•-•
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NOTE: THIS PLAT IS FOR EASEMENT DEDICATION PURPOSES AND DOES NOT CONSTITUTE A SUBDIVISION OF LAND.
15' PUBLIC UTILITY EASEMENT (M.B. 52, P. 139-140)
r I
N/F ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK (INST #130028948) ACCOUNT #80997616 GPIN 1458780196
15' PRIVATE DRAINAGE EASEMENT (INSTR #1600005875)
15' AND VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT (INSTR #1600005874)
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I-- •-r— APPROXIMATE LOCATION 15' VEPCO EASEMENT (INSTR #000018451)
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20' PUBLIC DRAINAGE EASEMENT HEREBY DEDICATED TO THE CITY OF NORFOLK AREA = 7,346 SQ.FT / 0.169 AC. PARCEL 1A (M.B. 74, P. 136-137) N/F LAKE WRIGHT RETAIL INVESTORS, LLC (INST #160017267) ACCOUNT #80997618 GPIN 1458678668
/
I
EASEMENT LINE TABLE
• / /
I I I I
LINE
BEARING
LENGTH
/
El
N52°26'02'W
15.92'
/
E2
N59°25'16"E
31.60'
E3
N59°25'16"E
57.32'
E4
S30°34'44"E
7.35'
E5
S59°24'25"W
13.00'
E6
S30°34'44"E
10.24'
/ I E6 w A• E4
PREMIUM OUTLETS BOULEVARD VAR/ABLE WIDTH PUBLIC R/W (INST #160009769) FORMERLY PARCEL 2A (MB. 74, P. 136-137) SCALE IWO' 0 THIS DRAWING PREPARED AT THE VIRGINIA BEACH OFFICE 2901 South Lynnhaven Road, State 200 I 1Ar9Inla Duch, VA 23452 TEL 757.213.6679 FAX 757.340.1415 www.bmrnons.com
40'
YOUR VISION ACHIEVED THROUGH OURS.
EXHIBIT SHOWING DEDICATION OF PUBLIC DRAINAGE EASEMENT TO THE CITY OF NORFOLK LOCATED ON PARCEL 1A (M.B. 74, P. 136 AND 137) 80' Norfolk Date: 01/24/2018 Sheet 2 of 2 Drawn by: Tellefsen
Virginia Scale: 1"= 40' J.N.: 38326 Checked by: Patterson
TIMMONS GROUP .••';'•••
EXHIBIT B TO ORDINANCE
Prepared by: Office of the Norfolk City Attorney Nathaniel Beaman IV, Deputy City Attorney (VSBH18486) Return to: Office of the Norfolk City Attorney Tax Map Reference No. 0091-1412 Consideration: $0.00
This Deed is exempt from recordation taxes imposed by Section 58.1-801 of the Code of Virginia, 1950, as amended, pursuant to Section 58.1-811(A)(3).
THIS DEED OF EASEMENT, made this
day of
, 2018, by and
between LAKE WRIGHT RETAIL INVESTORS, LLC, ("Lake Wright"), Grantor, and the CITY OF NORFOLK, a municipal corporation of the Commonwealth of Virginia, ("City"), Grantee, whose address is City Hall Building, 810 Union Street, Norfolk, Virginia, 23510. WITNESSETH: THAT FOR and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged by Lake Wright, Lake Wright does hereby grant and convey unto the City, and its successors and assigns, a permanent drainage easement ("Easement") as shown on Exhibit A attached hereto over the property known as 6282 Northampton Boulevard ("Property"). The Easement is subject to the follow int! conditions: I.
All City water, structures and appurtenant facilities which are installed or placed in
the Easement shall be and remain the property of the City, its successors and assigns. 2.
The City, its officers, agents, and employees shall have full and free use of the
Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the utilization of the Easement, including the right at any time to construct, maintain, inspect, operate, replace and repair present or future drainage pipes, necessary structures and appurtenances necessary for the collection of storm water and for its transmission through and across the Property of the Grantor within the Easement.
3.
The City shall have the right to trim. cut and remove trees, shrubbery, fences,
structures, or other obstructions or facilities in or near the Easement being conveyed, deemed by it to interfere with the proper and efficient maintenance of the Easement. 4.
The Easement shall further include, the right of unimpaired access to the Easement
over the right-of-way granted herein, with the further right to maintain the right-of-way and keep the right-of-way clear as to allow the Easement to function according to its intended purposes. 5.
The City agrees to pay for any actual damage caused by the City in the exercise of
the rights granted herein, to the extent required by law, to include, but not be limited to, the repair or replacement in a good and workmanlike manner of all paving, turf, or anything disturbed or cut during the construction, maintenance or operation of the Easement. The City shall, upon completion of any construction activities, as soon as reasonably possible, restore and level the surface of the Easement to the same grade existing prior to any construction activities, and will leave the Easement clean, free of debris, and free of any liens relating to the City's work. 6.
Lake Wright reserves the right to make any use of the Easement herein granted
which may not be inconsistent with the rights herein conveyed or interfere with the use of said Easement by the City for the purposes named; provided, however, that Lake Wright shall not erect any roadway, building, or structure of any kind on the Easement without obtaining prior written approval of the City, such permission not to be unreasonably withheld. 7.
The City shall not construct any structures, roadway or aboveground huildings in
the Easement without obtaining prior written approval from Lake Wright, such permission not to be unreasonably withheld. The terms, covenants, and provisions set forth herein shall extend to and be binding upon the
Page 2 of 4
heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. Lake Wright covenants that it has the right to convey the Easement herein granted. WITNESS the following signatures and seals: LAKE WRIGHT RETAIL INVESTORS, LLC
By: Name (Printed): Title:
COMMONWEALTH OF VIRGINIA, , to-wit: CITY OF , a Notary Public in and for the City of in the Commonwealth of Virginia, do hereby certify that (Title), of Lake Wright Retail Investors, LLC, whose name is signed to the foregoing Deed of Easement, has acknowledged the same before me in my City and State aforesaid. He/she is personally known to me or has produced a driver's license as identification. Given under my hand this
day of
Notary Public Registration No.
Page 3 of 4
, 2018.
The signature of Douglas L. Smith, City Manager is affixed hereto on behalf of the Council of the City of Norfolk, Virginia, pursuant to an ordinance duly adopted by the City Council, to evidence the acceptance of this Deed of Easement by the City, in accordance with Section 15.2-1803, Code of Virginia, 1950, as amended. CITY OF NORFOLK
(SEAL)
By: City Manager Attest:
City Clerk COMMONWEALTH OF VIRGINIA CITY OF NORFOLK, to-wit: , a Notary Public in and for the City of Norfolk, in 1, day of the Commonwealth of Virginia, whose term of office expires on the , 20_, do hereby certify that Douglas L. Smith, City Manager, and R. Breckenridge Daughtrey, City Clerk, respectively, of the City of Norfolk, whose names as such are signed to the foregoing Deed of Easement, have acknowledged the same before me in my City and State aforesaid. Given under my hand this
day of
Notary Public Registration No.
Approved as to Form and Correctness:
Deputy City Attorney
Page 4 of 4
, 2018.
R .'
5U8328-lake Mont hiked U.o1DWOk38326.ESMI.ORAIN oyng I Rollos on 12412018 11:51 AM I by RON Temr.en
EXHIBIT A CURVE TABLE CURVE
RADIUS
C1
583.50'
LENGTH TANGENT 76.56'
152.24'
DELTA
CHORD BEARING
CHORD
14°56'57"
N29°16'13'W
151.81'
LINE TABLE LENGTH
LINE
BEARING
L1
N10°45'10"E
35.21'
L2
N36°44'41'W
40.64'
L3
N22°11'22'W
16.76'
N11°21'44'W
51.25'
L5
N27°31'24"W
159.22'
L6
N30°34'44'W
402 20'
L4
/7.1
20' PUBLIC DRAINAGE EASEMENT HEREBY t•.• DEDICATED TO THE CITY OF NORFOLK (SEE SHEET 2 FOR DETAIL)-v•:. hi1: 7 #:•:: .4 i'.• ..1 PARCEL 1A (M.B. 74, P. 136-137) N/F LAKE WRIGHT RETAIL INVESTORS, LLC (INST #160017267) ACCOUNT #80997618 GPIN 1458678668
1•••
PREMIUM OUTLETS BOULEVARD VARIABLE WIDTH PUBLIC R/VV (INST #160009769) FORMERLY PARCEL 2A (M.B. 74, P. 136-137)
NOTE: THIS PLAT IS FOR EASEMENT DEDICATION PURPOSES AND DOES NOT CONSTITUTE A SUBDIVISION OF LAND.
THIS DRAWING PREPARED AT THE VIRGINIA SIAM OFFICE 2901 South Lynnhaven Road, Suite 200 I VimInta Reich, VA 23452 TEL 757.213.6679 FAX 757.340.1415 vAvw.Drnmons.com
SCALE 1"=100' 0
100'
YOUR VISION AO0EVE0 THROUGH OURS.
EXHIBIT SHOWING DEDICATION OF PUBLIC DRAINAGE EASEMENT TO THE CITY OF NORFOLK LOCATED ON PARCEL 1A (M.B. 74, P. 136 AND 137) 200' Norfolk Date: 01/24/2018 Sheet 1 of 2 Drawn by: Tellefsen
Virginia Scale: 1"= 100' J.N.: 38326 Checked by: Patterson
TIMMONS GROUP:':
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NOTE: THIS PLAT IS FOR EASEMENT DEDICATION PURPOSES AND DOES NOT CONSTITUTE A SUBDIVISION OF LAND.
15' PUBLIC UTILITY EASEMENT (M.B. 52, P. 139-140) I _1
T -1—
N/F ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK (INST #130028948) ACCOUNT #80997616 GPIN 1458780196
------
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15' PRIVATE DRAINAGE EASEMENT (INSTR #1600005875)
15' AND VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT (INSTR #1600005874)
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,
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LOCATION 15' VEPCO EASEMENT (INSTR #000018451)
• 20' PUBLIC DRAINAGE EASEMENT HEREBY DEDICATED TO THE CITY OF NORFOLK AREA = 7,346 SQ.FT / 0.169 AC.
•
• •
PARCEL 1A (M.B. 74, P. 136-137) N/F LAKE WRIGHT RETAIL INVESTORS, LLC (INST #160017267) ACCOUNT #80997618 GPIN 1458678668
/
I
EASEMENT LINE TABLE LINE
BEARING
LENGTH
I
El
N52°26'02'W
15.92'
/
E2
N59°2516"E
31.60'
E3
N59°25'16"E
57.32'
E4
S30°34'44"E
7.35'
E5
S59°24'25'W
13.00'
E6
530°34'44"E
10.24'
/
1 /
I I
I .o
E6 • •:::41 in .•:••••4 • w
E4
PREMIUM OUTLETS BOULEVARD
EXHIBIT SHOWING
DEDICATION OF PUBLIC DRAINAGE EASEMENT
VARIABLE WIDTH PUBLIC R/W (INST #160009769) FORMERLY PARCEL 2A (M.B. 74, P. 136-137)
TO THE
CITY OF NORFOLK
SCALE 1"--40' 0 THIS DRAWING PREPARED AT THE VIRGINIA BEACH OFFICE 2901 South Lynnlwoen Road, Suite 200 I Vinanie Beath, VA 23452 TEL 757.213.6679 FM 757.340.1415 twny.Urnmont4.1:0m
40'
YOUR VISION ACHIEVED THROUGH OURS.
80'
LOCATED ON PARCEL 1A (M.B. 74, P. 136 AND 137)
Norfolk Date: 01/24/2018 Sheet 2 of 2 Drawn by: Tellefsen
Virginia Scale: 1"= 40' J.N.: 38326 Checked by: Patterson
TIMMONS GROUP .••':.
