RESOLUTION 

A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY TO EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE J. PAUL WAMPLER, BRIDGEWATER COLLEGE, PRISCILLA W. WAMPLER, AND MABEL LOU WEISS PROPERTY BY PURCHASE OR BY CONDEMNATION HEREAFTER CONSENTED TO BY THE LANDOWNERS UPON THE TERMS AND CONDITIONS AS SET FORTH IN PART IN THIS RESOLUTION 

 

WHEREAS, by previous resolution the Board of Supervisors the purchase of real property in the southern portion of Fauquier County to provide for the sporting and recreational needs of its citizens; and

WHEREAS, the Board of Supervisors has requested that J. Paul Wampler, Bridgewater College, Priscilla W. Wampler, and Mabel Lou Weiss sell to the County a 128.8918 acre portion of 356.8649 acre parcel owned by J. Paul Wampler, Priscilla W. Wampler, and Mabel Lou Weiss And more particularly identified as PIN #7900-77-6880; and

WHEREAS, J. Paul Wampler, Bridgewater College, Priscilla W. Wampler, and Mabel Lou Weiss have agreed to sell a 128.8918 acre portion of the parcel to the County for Five Hundred Twenty Thousand Dollars and No Cents ($520,000), subject to certain covenants and restrictions hereinafter set forth and other terms of a purchase agreement hereafter consented to by the County and landowners;  now therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 18th day of March 2002, That the County Administrator and the County Attorney be, and are hereby, authorized to execute all documents necessary to acquire that certain 128.8918. acre tract of land being a portion of land owned by , J. Paul Wampler, Bridgewater College, Priscilla W. Wampler, and Mabel Lou Weiss and more particularly described as PIN #7900-77-6880 as shown on that certain plat of survey entitled “A Portion of the Property of J. Paul Wampler, Bridgewater College, Priscilla W. Wampler and Mabel Lou Weiss” dated February 5, 2002 by Ross, France, Ratliff by purchase, or by condemnation hereafter consented to by the landowners, for the sum of Five Hundred Twenty Thousand Dollars and No Cents ($520,000); and be it

RESOLVED FURTHER, That the purchase or condemnation of the property shall be subject to the following covenants and restrictions, which are hereby approved by the Board of Supervisors;

1.                  The County’s occupancy and use of the property shall be solely as an outdoors sports complex and/or park for its citizens;

2.                  The property shall not be used in any manner as to constitute a nuisance, or endanger the lives, health, and comfort of , or unreasonably disturb the peace and quiet of any owner or occupant of any adjoining or other  property;

3.                  The County, upon transfer of fee simple title to the property to it or filing for record of the Condemnation Order of the Circuit Court of Fauquier County shall, at its sole cost and expense, be responsible for the ownership, operation, repairs, improvements, restoration, and maintenance of the property;

4.                  The County shall be responsible for complying with, at its sole costs and expense, all erosion and storm water management requirements;

5.                  The County shall at all times provide fencing and buffering of the property from all adjoining property to comply with prevailing County regulations and to impeded trespassing on any said adjoining property.  During all events, the property shall be adequately policed and security maintained at all times at the County’s expense to impede trespass and damage to any adjoining property;

6.                  No rights, rights of way, easements, privileges, limitations or restrictions with respect to any adjoining property or use thereof for any purpose whatsoever, including without limitation, parking, ingress/egress, development, or any other rights, right-of-way, easements, or uses whatsoever are conveyed to the County or relinquished by landowners as part of this transfer;

7.                  To the extent permitted by law and not satisfied by proceeds of the County’s insurance policies, the County expressly agrees to indemnify and hold harmless , J. Paul Wampler, Bridgewater College, Priscilla W. Wampler, and Mabel Lou Weiss, and any successor to, or transferee or assignee of any of the , J. Paul Wampler, Bridgewater College, Priscilla W. Wampler, and Mabel Lou Weiss Property, from any and all costs, damage or expense, including reasonable attorney’s fees arising form or in connection with the use of the property or breach of any covenant, condition, restriction or agreement hereunder;

8.                  The County shall keep the property, improvements, and uses thereof at all times in compliance with applicable local, state, and federal laws and regulations, including without limitation, all zoning and hazardous materials laws and regulation;

9.                  The County shall allow continued access to the existing residence on the property until a new entrance is constructed at which time an easement of less than 50 ft. shall be granted from County property to the existing driveway for access by the owner and/or lessees of the property;

10.              The County shall be responsible for installation of a fence along Licking Run and any adjacent sections to connect to existing fence lines and be adequate to contain livestock within the property to be retained by J. Paul Wampler, Bridgewater College, Priscilla W. Wampler, and Mabel Lou Weiss;

11.              The existing access to Germantown Lake that is contained within the deed………

12.              Development rights…….

13.              Anything to the contrary notwithstanding, the County shall have the right, by lease, operating agreement or otherwise, to fulfill its obligations under these covenants and restrictions through a third party chosen by the County to construct, operate and maintain the sports fields and park to be located upon the property, provided, however, the County shall remain obligated under these covenants and restrictions in the event of a default by any such third party; and, be it

RESOLVED FINALLY, That the County Administrator is authorized to expend such funds from fund #4-302-94720-8220 as are necessary to acquire, on the terms and conditions et forth above, the property for a sum not to exceed Five Hundred Twenty Thousand Dollars and No Cents ($520,000) plus any normal and property land acquisitions costs (including costs of title report and survey), customary adjustments (including land use taxes, if applicable) and settlement expenses.