RESOLUTION

A Resolution to Authorize the Grant of an Easement Over Property Subject to a county-held conservation Easement

WHEREAS, Thomas H. Thorpe owns property described as Parcel Identification Number 7839-44-7577 which is bisected by a 100 foot power line right of way easement held by Dominion Virginia; and

WHEREAS, the power line right-of-way deed acquired by Dominion, which predates the County conservation easement, sets forth restrictions on construction within the existing right-of-way; and

WHEREAS, Dominion seeks to acquire a new right-of-way from Thomas H. Thorpe which will permit aerial encroachment into the area encumbered by the Countyís conservation easement in the same location as the current right-of-way easement; and

WHEREAS, Dominion and Thomas H. Thorpe have requested that the County agree to allow Dominion to acquire a new right of way within the Countyís conservation easement; and

WHEREAS, to ensure the safety of Dominionís transmission line and facilities, Dominion needs the right to trim, fell, cut or remove any tree, limb, shrub, landscaping, vegetation or crop which is located outside of Dominionís easements, which in the opinion of Dominionís certified arborist, may endanger the safe or proper operation of Dominionís transmission line and facilities because (1) if the tree, limb, shrub, landscaping, vegetation or crop fell, it would fall within ten (10) feet of a conductor on Dominionís transmission line and facilities; or (2) the tree, limb, shrub, landscaping, vegetation or crop demonstrates signs of physical defects, e.g. root disease, stem decay, leaning trees, weak crotches or cracked stems, and if it fell, it would cause a healthy tree to fall within ten (10) feet of a conductor on Dominionís transmission line and facilities; and

WHEREAS the County has reviewed the proposed construction plan and determined that there will be no structure located on the ground within the existing right of way encumbered by the Countyís conservation easement, determined that the Countyís conservation easement is not converted or diverted by the proposed plan, and determined that the agricultural resource protected by the Countís conservation easement will be less impacted by the proposed plan than by the existing structures which are located within the area subjected to the conservation easement; and

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

WHEREAS, the Countyís conservation easement does not preclude aerial incursion into the conservation easement, the cutting of trees or clearing activity within the area encumbered by the conservation easement, which is to constitute a ďclear zoneĒ or buffer from the power line, and the proposed plan therefore would not constitute a conversion or diversion of the open space in accordance with the terms of the conservation easement, provided that no towers or other structures are erected on the ground located within the area encumbered by the Countyís conservation easement; and

WHEREAS, Dominion has confirmed that no structures would be constructed on the ground within the area encumbered by the conservation easement; and

WHEREAS, the elimination of structures within the area encumbered by the Countyís conservation easement will lessen the impact of the existing right of way on the agricultural use of the property preserved by the conservation easement such that the Countyís interest therein is not adversely affected by the subordination requested by Dominion, 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 8th day of October, 2009, That the County hereby agrees to subordinate its conservation easement to Dominion to allow Dominion to acquire a new right of way within the Countyís conservation easement which will permit aerial encroachment into the Countyís conservation easement, subject further to the condition that no such subordination shall authorize the construction of transmission towers or other structures on the ground, but may authorize aerial intrusion into the area currently subjected to the Dominion right of way easement as well as the clearing, mowing and maintenance of the land to provide for the use of the land as a ďclear zoneĒ or buffer from the proposed transmission line; and be it

RESOLVED FURTHER That to ensure the safety of Dominionís transmission line and facilities, the County hereby authorizes Dominion to, in its reasonable discretion, trim, fell, cut or remove any tree, limb, shrub, landscaping, vegetation or crop which is located outside its easement area, which in the opinion of Dominionís certified arborist, may endanger the safe or proper operation of Dominionís transmission line and facilities because (1) if the tree, limb, shrub, landscaping, vegetation or crop fell, it would fall within ten (10) feet of a conductor on Dominionís transmission line and facilities; or (2) the tree, limb, shrub, landscaping, vegetation or crop demonstrates signs of physical defects, e.g. root disease, stem decay, leaning trees, weak crotches or cracked stems, and if it fell, it would cause a healthy tree to fall within ten (10) feet of a conductor on Dominionís transmission line and facilities; and

RESOLVED FURTHER That the County finds that the requested consent to Dominion to acquire a new right of way within the Countyís conservation easement does not constitute a conversion or diversion of open space in accordance with the provisions of ß10.1-1704 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 requested subordination.

 

Back to Agenda...