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2006 SESSION

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063874750
SENATE BILL NO. 625 Offered January 16, 2006 A BILL to allow the conveyance of certain real property in Hampton to a nonmunicipal entity containing deed restrictions, relating to outdoor recreation parks and facilities. ---------- Patron-- Locke ---------- Referred to Committee for Courts of Justice ----------

Whereas, the City of Hampton acquired certain tracts of real property as shown on a plat entitled "PLAT SHOWING PROPERTY BELONGING TO THE CITY OF HAMPTON KNOWN AS THE 'CAROUSEL SITE' LOCATED AT SETTLERS LANDING ROAD AND NORTH KING STREET, HAMPTON, VA" (the Carousel Site), and recorded in the Office of the Clerk of the Circuit Court of the City of Hampton as Instrument Number 050033249 for the purpose of establishing a park to house the Hampton Carousel; and

Whereas, the Carousel Site was funded through the Virginia Outdoors Fund Grant Program, which is a recreational reimbursement program for the acquisition and development of outdoor recreation facilities within the Commonwealth of Virginia; and

Whereas, a condition of receiving the funding through the Virginia Outdoors Fund is that the area be developed and maintained in perpetuity as a public outdoor recreation park consonant with the provisions of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897); and

Whereas, the City of Hampton has set as a priority the revitalization of downtown to attract investment, new business, and new vitality to its downtown and has adopted the Downtown Master Plan, which inter alia calls for the enhancement of the Carousel Site; and

Whereas, the Carousel Site, in its current design, is underutilized and is not conducive to public recreational use; and

Whereas, in order to accomplish its objectives, the City of Hampton desires to convey a portion of the Carousel Site to a nonmunicipal entity to enhance the public recreational facilities currently on the Carousel Site by providing indoor and outdoor dining and retail amenities and a redesigned park with additional green space and intimate conversation seating areas; and

Whereas, the enhancement to a portion of the Carousel Site, as proposed by the City of Hampton, is in the best interests of the City and its citizens and visitors and is consistent with the development of outdoor recreational parks; now therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That the conveyance of any portion of real property as shown on that certain plat entitled "PLAT SHOWING PROPERTY BELONGING TO THE CITY OF HAMPTON KNOWN AS THE 'CAROUSEL SITE' LOCATED AT SETTLERS LANDING ROAD AND NORTH KING STREET, HAMPTON, VA" recorded as Instrument Number 050033249 in the Office of the Clerk of the Circuit Court of the City of Hampton, Virginia to a nonmunicipal entity shall not violate the public outdoor recreation park restrictions established by the Virginia Outdoors Fund Grant Program so long as the uses and facilities on the conveyed portion enhance the public outdoor recreation park.