ATTACHMENT  1 

 

RESOLUTION

 

A Resolution to AUTHORIZE THE CHAIRMAN TO TAKE WHATEVER ACTIONS ARE NECESSARY TO TERMINATE AN OPEN SPACE USE AGREEMENT

 

WHEREAS, Fauquier County has established a special land assessment program for the preservation of real estate devoted to open space, pursuant to Section 58.1-3233 of the Code of Virginia, 1950, as amended; and

 

WHEREAS, a landowner may qualify for the special land assessment program for the preservation of open space upon the execution and recordation of a written Open Space Use Agreement between the landowner and the Board of Supervisors;  and

 

WHEREAS, on March 31, 2004, an Open Space Use Agreement was entered into between the Board of Supervisors and David R. and Georgia K. Buckwalter; and

 

WHEREAS, on November 4, 2004, a request to withdraw from the Open Space use Agreement was received from said landowners; and

 

WHEREAS, the Agreement stipulates in Section 11 that an agreement may be terminated in the manner provided in the Code of Virginia for withdrawal of land from an Agricultural & Forestal District; and

 

WHEREAS, the Fauquier County Board of Supervisors referred by resolution the request to terminate the Open Space Use Agreement to the Agricultural & Forestal Advisory Committee and Planning Commissions for their recommendations; and

 

WHEREAS, on March 9, 2005, the Agricultural & Forestal Advisory Committee forwarded a recommendation to the Board that the Open Space Use Agreement be maintained, with amendments as necessary to facilitate the operation of the farm; and

 

WHEREAS, on April 26, 2005, the Planning Commission conducted its public hearing and considered the request, and forwarded, on September 29, 2005, a recommendation to the Board that the Open Space Use Agreement be maintained; and

 

WHEREAS, on December 8, 2005, the Board of Supervisors held a public hearing on the issue and determined that the identified hardship is sufficient basis for terminating the open space agreement; now, therefore, be it

 

RESOLVED by the Fauquier County Board of Supervisors this 8th day of December 2005, That the Buckwalter Open Space Use Agreement be, and is hereby, terminated and that the County is authorizing the Chairman of the Board of Supervisors and the County Administrator to take whatever actions necessary to terminate the Open Space Use Agreement.