RESOLUTION

A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A REVISED CONSERVATION EASEMENT OVER THE  MARY BEVERLEY KOTEK AND PAULINE BEVERLEY HEIZENROTH PROPERTY ADDING ADDITIONAL ACREAGE

WHEREAS, Mary Beverley Kotek and Pauline Beverley Heizenroth have proposed to donate a conservation easement over property in a manner consistent with an easement previously approved by the Board of Supervisors on January 11, 2007 and to add a parcel described as PIN-7908-73-5189 consisting of approximately  6.5764 acres, for a total easement of 127.0356 acres hereinafter “the Property;” and

WHEREAS, the Board of Supervisors has determined that the proposed easement is appropriate, in the public interest, and furthers the goals and objectives of its Comprehensive Plan; and

WHEREAS, the Board of Supervisors has determined that the proposed easement will preserve important agricultural and forestal lands and scenic and natural resources in a manner consistent with the Comprehensive Plan; and

WHEREAS, the Board of Supervisors hereby designates the Property as open-space under the authority granted by Chapter 17 of Title 10.1 of the Code of Virginia, 1950, as amended, the “Open-Space Land Act;” now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 10th day of May 2007, That the Board finds as follows:

1.      The proposed easement preserves open-space lands in the County pursuant to the goals and objectives stated in the County’s Comprehensive Plan and thereby advances a public purpose of the County; and

2.      The restrictions contained in the proposed easement will preserve and protect in perpetuity the open-space values of the Property and will limit the uses of the Property to those uses that are consistent with and which will not adversely affect the open-space values described in the easement; and

3.      The proposed easement will provide a significant public benefit to the citizens of Fauquier County and the Commonwealth of Virginia; and, be it

RESOLVED FURTHER, That the County Administrator and the County Attorney be, and are hereby, authorized and directed to accept the donation of a conservation easement under those terms generally set forth in the proposed easement attached to the agenda request for this item, subject to such revisions as may be deemed appropriate to the County Administrator and County Attorney.

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