A Resolution to Authorize the Execution of an Agreement to Provide for FAUQUIER COUNTY Maintenance of the ASPHALT TRAIL along BEAR WALLOW ROAD ADJACENT TO the SILVER CUP SUBDIVISION

WHEREAS, an asphalt shared-use trail along Bear Wallow Road and adjacent to the Silver Cup subdivision will be located partially within the Virginia Department of Transportation (VDOT) right-of-way; and

WHEREAS, to accept the trail for maintenance VDOT will require (i) construction of a standard shoulder and ditch section along Bear Wallow Road and (ii) additional grading between the trail and road, which would require removal of all the trees along Bear Wallow Road between Timber Fence Parkway (Silver Cup subdivision) and Fox View Drive (Broadview Manor Estates); and

WHEREAS, the asphalt shared-use trail, constructed to avoid the removal of the large trees along Bear Wallow Road and to lessen adverse impacts to the residents of the Silver Cup subdivision, is not eligible for maintenance by VDOT; and

WHEREAS, VDOT will not allow portions of the trail in the right-of-way under such circumstances unless the County agrees to maintain the trail; and

WHEREAS, there is no improved connection to the Silver Cup subdivision, but the trail forms an important link in pedestrian access to Rady Park in the Town of Warrenton and other area trails, and the Department of Parks and Recreation recommends approval of this agreement; and

WHEREAS, the developer has agreed to construct the trail at no cost to Fauquier County

as shown on the attached exhibit entitled “SHARED USE PATH SILVER CUP SUBDIVISION SECTION ONE,” prepared by Dewberry and Davis, LLC of Fredericksburg, Virginia; and

WHEREAS, minor technical modifications may be made to the trail design as shown on said exhibit to meet the requirements of the VDOT permit process; and

WHEREAS, the developer has agreed to make a voluntary contribution, in the total amount of $6,000 to defray a portion of the trail maintenance costs; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 14th day of December 2006, That the County Administrator be, and hereby is, authorized to execute an agreement, in a form approved by the County Attorney, to provide for Fauquier County maintenance of the asphalt shared use trail along Bear Wallow Road adjacent to the Silver Cup Subdivision.

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