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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. |