AGENDA DATE: 8/3/2016
TITLE:
Title
Central Telephone Company of Virginia Easement on County-Owned Parcel
BODY
SUBJECT/PROPOSAL/REQUEST: Public hearing to consider granting easement to Central Telephone Company of Virginia on County-owned property located at the intersection of Old Trail Drive and Jarmans Gap Road
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley, Kamptner
PRESENTER (S): Greg Kamptner
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: In conjunction with the recordation of the final subdivision plat for the Old Trail Carriage Park Subdivision in 2007, two pieces of land composing a single tax parcel (TMP 055E0-00-00-000A1, hereinafter "Parcel 55E-A1"), totaling 2.398 acres, were dedicated to the County for public use as open space. The two pieces of Parcel 55E-A1 are separated by Old Trail Drive near its intersection with Jarmans Gap Road (Attachment A). Unaware that title in Parcel 55E-A1 transferred to the County upon recordation of the Old Trail Carriage Park subdivision plat, the State Commissioner of Highways (the "State") commenced a condemnation action in 2010 against March Mountain Properties, the prior owner of Parcel 55E-A1, to establish a stormwater management facility and to relocate utilities as part of the Jarmans Gap Road project. The State recorded a certificate of take identifying March Mountain Properties, which purportedly transferred title to the State. The State installed the stormwater management facility and the utilities were relocated on Parcel 55E-A1 in conjunction with the improvements to Jarmans Gap Road. When the County learned of the taking, it informed the State that it was the owner of Parcel 55E-A1. On November 12, 2014, the Board approved the proposed conveyance of a fee simple interest in the portion of Parcel 55E-A1 to the State on which the stormwater management facility is located. That conveyance has not yet been completed. The proposed utility easement for Central Telephone C...
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