RESOLUTION

A Resolution to Authorize the Grant of an Easement Over Property Subject to a Purchase of Development Rights Easement

WHEREAS, William D. and Janet L. Peters own property described as Parcel Identification Numbers 7829-62-8515 and 7829-84-3063 which is bisected by a 100 foot power line right of way easement held by Dominion Virginia; and

WHEREAS, Dominion has requested that William D. and Janet L. Peters grant an additional 50 feet of right of way over the property in order to create a “clear zone” which will permit the construction of fewer towers on the subject property; and

WHEREAS, the PDR easement prohibits the construction of structures on the property subject to the easement other than certain residential and agricultural structures; and

WHEREAS, the PDR easement does not preclude the cutting of trees or clearing activity within the 50 feet of right of way which is proposed for acquisition, and the use of the 50 feet of right of way as a “clear zone” or buffer from the power line therefore would not constitute a conversion or diversion of the open space in accordance with the terms of the PDR easement, provided that no towers or other structures are erected within the 50 feet of right of way; and

WHEREAS, Dominion has confirmed that no structures would be constructed within the 50 feet of additional right of way which it proposes to acquire; and

WHEREAS, the reduction of the number of towers will lessen the impact of the project on the agricultural use of the property preserved by the PDR easement such that the County’s interest therein is not adversely affected by the grant of the easement to a greater extent than it would be by the construction of the project within the existing right-of-way, and the County therefore releases any claim to compensation from the landowner for the diminution in value of its interest; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 9th day of July, 2009, That the County hereby authorizes the grant of a 50 foot wide easement by Peters over the property of Peters subject to the PDR easement, subject further to the condition that no such easement shall authorize the construction of transmission towers or other structures, but may authorize the clearing, mowing and maintenance of the land to provide for the use of the land as a “clear zone” or buffer from the proposed transmission line; and be it

RESOLVED FURTHER That the County finds that the proposed easement under the narrow circumstances presented does not constitute a conversion or diversion of open space in accordance with the provisions of §10.1-1704 of the Code of Virginia; and be it

RESOLVED FINALLY That the County releases its right to such compensation as it might otherwise be entitled to provided that all terms and conditions set forth in this resolution are satisfied by the easement granting the additional 50 feet of right of way to Dominion.

A Copy Teste

 

 

Paul S. McCulla

Clerk to the Board of Supervisors

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