RESOLUTION 

A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY TO EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE 128.8918 ACRES OF LAND OWNED BY J. PAUL WAMPLER, BRIDGEWATER COLLEGE, PRISCILLA W. WAMPLER, AND MABEL LOU WEISS BY PURCHASE OR CONDEMNATION UPON THE TERMS AND CONDITIONS AS SET FORTH IN THIS RESOLUTION  

           WHEREAS, by previous resolution, the Board of Supervisors approved 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 a 356.8649-acre parcel owned by J. Paul Wampler, Priscilla W. Wampler, Bridgewater College 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 aforesaid parcel to the County for Five Hundred Twenty Thousand Dollars and No Cents ($520,000), subject to certain covenants and restrictions hereinafter set forth; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 20th day of May 2002, That the County Administrator and the County Attorney be, and are hereby, authorized to execute all documents necessary to acquire by purchase or condemnation, that certain 128.8918 acre tract of land 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 and 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, for the sum of Five Hundred Twenty Thousand Dollars and No Cents ($520,000.00); 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 shall allow the owner and/or lessees of the residue of the property continued access across the subject property to the existing residence on the residue of the property until a new entrance is constructed, at which time the County shall grant an easement of less than 50 feet to the existing 12’ wide gravel driveway.  The location of the easement shall be subject to the mutual agreement of the County and the owners of the residue of the property.  The County shall bear all the costs associated with the grant of the easement including, but not limited to, the cost of surveying and preparation and recording of the deed.  The County shall not bear the cost of any engineering or construction associated with the grant of the easement;

2.                  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 residue of the property.  The exact location and type of fence shall be mutually agreed to by the parties;

3.                  The grant of access to Germantown Lake (Licking Run Reservoir) that is contained within Deed Book 313, at Page 733, is extinguished as to all of the residue of the subject property with the exception of the 15-acre tract located on the northwestern side of Virginia Route 602, Rouges Road; and

4.                  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 as set forth above, the property for a sum not to exceed Five Hundred Twenty Thousand Dollars and No Cents ($520,000) plus any normal property land acquisitions costs (including costs of title report and survey), customary adjustments (including land use taxes, if applicable) and settlement expenses.