RESOLUTION

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

    WHEREAS, Richard Wayne Arrington and Linda G. Arrington own property described as Parcel Identification Numbers 7829-21-2945 and 7829-32-8352 which is bisected by a 100 foot power line right of way easement held by Dominion Virginia; and

    WHEREAS, Dominion has requested that the Arringtons 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, Dominion has also requested that the County agree to a relocation of a portion of the existing 100 foot easement in order to reduce the impact of the power line on residential and agricultural structures located on the property; and

    WHEREAS, the property is subject to a County-held Purchase of Development Rights (PDR) easement which 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, Dominion, in exchange for the right to relocate a portion of the existing 100 foot right of way will relinquish or quitclaim its right, title and interest to the right-of-way easement in the area from which it has agreed to remove the power line; and

    WHEREAS, Dominion has submitted a preliminary profile showing the extent of the relocation of the 100 feet of right-of-way; and

    WHEREAS, the relocation of the power line easement in order to reduce the impact of the easement on the landowner involves a shift in location of the easement on the same parcel already subject to the PDR easement rather than an acquisition of additional easement property by Dominion; 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 13th day of August, 2009, That the County hereby authorizes the grant of a 50 foot wide easement by Arrington over the property of Arrington 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 consents to the relocation of a portion of the existing easement as shown on the preliminary profile provided by Dominion; and be it

    RESOLVED FURTHER, the authorization for the additional 50 feet of right-of-way and the relocation of the easement are conditioned upon the requirement that the final relocation and additional right-of way acquired shall be substantially as shown on the preliminary profile, consistent with the negotiations between Dominion and the Arringtons and acceptable to the Director of the Fauquier County Agricultural Development Office and the County Attorney; and be it

    RESOLVED FURTHER That the County finds that the grant of the proposed right of way easement and relocation of a portion of the existing right-of-way 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.

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