RESOLUTION

A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO ACQUIRE INTERESTS IN REAL PROPERTY NECESSARY TO CONSTRUCTION AND INSTALL PUBLIC SAFETY RADIO SYSTEM EQUIPMENT, ANTENNAS, AND EQUIPMENT ENCLOSURES

            WHEREAS, the Fauquier County Board of Supervisors has entered into a contract with Motorola, Inc. for the construction and installation of a public safety radio system and other communications equipment; and

            WHEREAS, Motorola identified five tower sites for the placement of radio equipment transmitters and equipment enclosures, and Fauquier County has been unable to reach agreement regarding availability of space on two of the proposed sites; and

            WHEREAS, one of the proposed sites is owned in fee simple by American Tower, located on Blue Mountain, and another proposed site is owned by David M. and Robert A. Graves and leased to American Tower pursuant to a 45-year lease dated December 1, 2000.  The properties are more fully described as follows:

NAME                                                 PIN                                          ACREAGE

David M. and Robert A. Graves A portion of 7827-57-3632           6000 s.f. and access easement

American Tower Corporation       A portion of 6013-71-8278            3.62 acres;

and

            WHEREAS, pursuant to 15.2-1800 et seq. and 15.2-1900 et seq. of the Code of Virginia, 1950, as amended, counties are authorized to acquire property or interests in property to construction, maintain, and operate a Public Safety Radio System and to enter onto the property before the conclusion of condemnation proceedings; and

            WHEREAS, the Board of Supervisors does, by the adoption of this resolution, determine that public use and necessity require the acquisition of the properties for the construction and operation of the Public Safety Radio System and the entry onto the properties before the conclusion of condemnation proceedings; and

            WHEREAS, the Board of Supervisors does, by the adoption of this resolution, determine that it is in the public interest to acquire the properties either through the payment of the fair market value as determined by appraisal, or, if such value is not acceptable to the landowners and any other party in interest, by the power of eminent domain, and to enter onto the property prior to the conclusion of condemnation proceedings; now, therefore, be it 

            RESOLVED by the Fauquier County Board of Supervisors this 19th day of August 2002, That the County Administrator be, and is hereby, authorized and directed to make an offer to purchase the properties or such interests in the properties as is deemed appropriate by the County administrator, in fee simple, easement or leasehold, including, but not limited to, the right to extend the telecommunications towers located on the subject properties, at their fair market value as determined by a competent appraisal for the purposes of acquiring the properties; and, be it

            RESOLVED FURTHER, That in the event that it is determined by the County Administrator that the fair market value offer is unacceptable to the landowners or other parties in interest, the County Administrator and County Attorney be, and are hereby, authorized to institute, on behalf of Fauquier County, condemnation proceedings to acquire the feel simple, easement or leasehold interest in the properties for the purpose of installing, maintaining, repairing and replacing the proposed radio equipment, related communications equipment, antennas and equipment enclosures and access to any necessary utility; and, be it

            RESOLVED FINALLY, That the County Administrator be, and is hereby, authorized to execute all purchase and settlement documents or eminent domain pleadings as are necessary to enter onto the properties prior to the conclusion of condemnation proceedings and to acquire title to or interests in the properties and is hereby further authorized to expend such funds as are necessary to acquire the foresaid.