Sponsor:                                                                                  Board of Supervisors Meeting Date:

Harry F. Atherton, Chairman, Marshall District Supervisor                                June 21, 2004


Staff Lead:                                                                                                     Department:

Paul S. McCulla, County Attorney                                                            County Attorney’s Office


Topic:  A Resolution to Abandon a Portion of Mosby Street in Fauquier County

Topic Description:

Mr. Gary Garrett and Mrs. Joanne Garrett, whose property is located adjoining the subject portion of Mosby Street, have requested that Fauquier County abandon this section of road and allow them to incorporate the abandoned portion into their lot by boundary adjustment.  The street was dedicated to public use by Plat of Survey dated August 31, 1946, and recorded in deed book 160 at page 143A among the Fauquier County land records.  The portion of the street to be abandoned has never been improved and used as a street.  Additionally, this portion of Mosby Street was never taken into the State Secondary System of roads.  Currently, adjoining property owners have incorporated portions of this area into their yards. 

Under the case of Tidewater Area Charities, Inc. v. Harbour Gate Owners Associations, Inc. et al., 240 Va. 221 (1990), it would appear that fee simple ownership to the centerline of the abandoned street is vested in the adjoining owners.  Mr. and Mrs. Garrett have obtained Quitclaim Deeds from all the adjoining owners to whom any property interest may vest as a result of the abandonment.  They request that the Fauquier County Board of Supervisors execute the Quitclaim Deeds to grant any interest the County may have acquired in the property, if any at all. 

Mr. and Mrs. Garrett contacted all adjoining property owners to obtain their consent to the abandonment and conveyance by the County.  The only property owner to object was David Baird of D&T Associates, LTD, who owns an unimproved commercially zoned parcel (C1C) of property adjoining a 40 foot portion of the road to be abandoned on the northwest side.  Mr. Baird’s property has road access through a private 50 foot easement, known as Towne Centre Drive, to Route 55.  Mr. Baird’s property is situated such that he would not have any vested property right to any portion of the abandoned road under the Tidewater Area Charities case.

The acquisition of this portion of property by the Garretts would not increase or otherwise affect the subdivision rights of their parcel.

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Financial Impact Analysis:


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

Landowners adjacent to this section of Mosby Street