A Resolution to request the Virginia commonwealth transportation BOARD to complete the abandonment of movern lane

WHEREAS, Movern Lane (Route 890) right-of-way was acquired for public use, constructed, and accepted into the State secondary system of highways in conjunction with VDOT project number 6029-030-102, RW202; and

            WHEREAS, a portion of the existing roadway is being realigned in conjunction with White’s Mill Subdivision under a plan approved by Fauquier County on December 19, 2003: and

            WHEREAS, a portion of the existing right-of-way outside of the boundaries needed for realigned Movern Lane was previously acquired by the Virginia Department of Transportation through eminent domain; and

            WHEREAS, the Virginia Department of Transportation no longer requires this portion of the right-of-way, and the property owner has requested that the right-of-way be abandoned through the process set forth in Section 33.1-151, et seq., of the Code of Virginia; and

            WHEREAS, the stated portion of road is shown on the plat identified as “Plat Showing Right-of-Way Abandonment a Portion of Movern Lane – Route #890”; and

            WHEREAS, public notice was posted as prescribed under §33.1-151 et seq., Code of Virginia, concerning abandoning the section of road described herein; and

            WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board’s intent to abandon the subject section of road; and

            WHEREAS, following the prescribed notice period, no request was made for a public hearing; and

            WHEREAS, after considering all evidence available, the Fauquier County Board of Supervisors is satisfied that no public necessity exists for the continuance of this section of right-of-way from approximately 330 feet north of Abingdon Place along both sides of Route 890 (14,174 square feet on the northwest side and 1,867 square feet on the southeast side), and hereby deems that section of road is no longer necessary; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 8th day of June 2006, That the Board of Supervisors does hereby abandon the above-described right-of-way, pursuant to § 33.1-151 et seq., Code of Virginia; and, be it

            RESOLVED FURTHER, That the County hereby requests that the Commissioner certify to the Commonwealth Transportation Board that the above-referenced right-of-way is no longer necessary, and that the Board and the Commissioner take such steps as are required to transfer the Commonwealth’s title or interest in the aforesaid portion of abandoned right-of-way to the adjoining property owner; and, be it

            RESOLVED FINALLY, That a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation.


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