Sponsor:                                                                     Board of Supervisors Meeting Date:

Raymond E. Graham, Vice Chairman,                                  September 9, 2004      

Cedar Run District Supervisor


Staff Lead:                                                                 Department:


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





A Resolution Authorizing the Chairman of the Fauquier County Board of Supervisors to Execute an Encroachment Agreement with the Fauquier Water and Sanitation Authority


Topic Description:


The Fauquier County Water and Sanitation Authority is the holder of a 20' permanent utility easement located on certain property in the Cedarbrooke Subdivision (the old Reynards Crossing Development). As part of the development proffers, the County is to become the holder of a 15' easement in which the Parks and Recreation Department intends to install a walking trail. A portion of the trail will enter upon the Fauquier Water and Sanitation Authority's existing utility easement.  The County has requested that the Authority be permitted to encroach into a 15' segment of the Authority's utility easement in order to install the proposed walking trail. The encroachment area is shown on the plat as a 15' easement requested by the County.  The Authority desires and intends to grant the County the right to encroach upon the easement for the aforesaid purpose and requests the County enter into the attached Encroachment Agreement.  Under the Encroachment Agreement, the Authority grants the County a license to enter upon and use the 15' easement area for its walking trail. The Agreement grants the Authority the right to terminate the license upon 30 days written notice. The County agrees to maintain that portion of the easement area in which it has been granted a license, and also agrees to repair any damage to the permanent easement.  In addition, the County agrees to provide the Authority with a comprehensive liability insurance policy with a minimum combined limit of $2,000,000 to protect the Authority and its agents, employees, officers and directors from any claims arising out of the County's use of the encroachment area.


Requested Action of the Board of Supervisors:


Consider adoption of the attached resolution.


Financial Impacts Analysis:




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


Parks and Recreation Department

Fauquier County Water and Sanitation Authority