Board of Supervisors Meeting Date:

William G. Downey, Scott District Supervisor


June 21, 2004

Staff Lead:


Elizabeth A. Cook, Chief of Planning


Community Development

Magisterial District:  Scott



A Resolution Authorizing the County Administrator to Execute a Road Agreement Regarding Inclusion of Blantire Road into the State Secondary Road System

Topic Description:

With the Lake Whippoorwill Subdivision, the developer dedicated 110 feet of right-of-way for the future, relocated Route 605 connection to US 15/29.  The Comprehensive Plan describes this road as two to four lanes in width.  Subsequent to that dedication, the Virginia Department of Transportation (VDOT) has reconstructed Route 605 on-line and does not plan on relocating Route 605 at this time.


The developer is now attempting to have the portion of this subdivisionís roadway accepted into the State System of Highways; however, VDOT does not accept sections of right-of-way without the full road improvements in place.  Based on the road improvements needed for the subdivision, only 60 feet of right-of-way would be acceptable to VDOT.  For several months, there has been ongoing negotiation between the County, VDOT, the developer, and the homeowners association on the status of the unused 50 feet of right-of-way.


Staff is suggesting that the Board of Supervisors consider entering a Road Agreement which includes VDOT, the County and the Lake Whippoorwill Home Owners Association (HOA).  The draft form and content of agreement would enable VDOT to accept the improved 60-foot section into the State Secondary System for maintenance, while the County retains fee simple ownership of unimproved 50 feet of right-of-way.  The agreement envisions the HOA to be responsible for the maintenance of the remaining right-of-way and the developer installed pedestrian path/sidewalk.


The street was dedicated to public use with Phase 1 of the Lake Whippoorwill Subdivision Plat dated July 25, 1995, and recorded in deed book 742 at page 626 among the Fauquier County land records.  The remaining 50-foot section of Blantire Road has never been added and used as a street.



Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.


Transportation Committee Recommendation:

On May 26, 2004, the Transportation Committee recommended that the Board of Supervisors initiate the abandonment process for this excess right-of-way.


Financial Impact Analysis:



Identify any other Departments, Organizations or Individuals that would be affected by this request:


Department of Community Development

Residents in the Lake Whippoorwill Subdivision





Portion of the Lake Whippoorwill Plat