COUNTY OF ALBEMARLE
Authorize the County Executive to Accept Deeds and to Enter into License Agreements for Greenways
Resolution authorizing the County Executive to accept deeds and to enter into license agreements for greenways
Tucker, Foley, Davis, Kamptner
LEGAL REVIEW: Yes
June 14, 2006
ACTION: X INFORMATION:
One objective of the Comprehensive Plan is to establish a countywide network of greenway trails. The Comprehensive Plan provides that the key functions of the greenway trail system are to: (1) protect important and/or sensitive resources; (2) provide recreational and educational opportunities; (3) provide an alternative transportation system; and (4) provide an economic benefit. Greenways may be acquired as the result of a proffer accepted with a rezoning, in conjunction with the development process, or through donations and other voluntary means.
Deeds may convey either a fee simple interest or an easement in the greenway lands. Deeds conveying a fee simple interest are typically in the form of a deed of dedication that describes the land to be conveyed and the public purpose to be served. Deeds of easement set forth the rights and responsibilities of the landowner and the County, including the County’s rights and obligations to maintain the trail improvements within the easement. Under Virginia Code § 15.2-1803, the Board must authorize the County Executive to accept these deeds on behalf of the County. In license agreements, landowners would grant the County permission to enter and use their land to establish a greenway trail, but would not convey an interest in the land itself. A license agreement has been considered when the lands would soon be developed and the parties do not wish to permanently fix the location of the trail. The County would install few, if any improvements besides the trail itself, on lands under a license agreement. The first license agreements are currently being negotiated. The Board is enabled to generally delegate the authority to the County Executive to accept deeds and to enter into agreements such as a license agreement.
4.2 Fund County services in a fair, efficient manner and improve needed public facilities and infrastructure.
The efficiency of County government would be improved by generally delegating the authority to the County Executive to accept deeds and license agreements pertaining to greenways. A proposed Resolution authorizing the County Executive to accept such conveyances and to enter into such agreements is attached as Attachment A.
This authorization will streamline the process and minimize staff resource requirements that would otherwise be required for staff to schedule the authorization for a Board meeting, prepare an executive summary, and then have the Board of Supervisors act on the authorization. For those conveyances that are associated with a development application, this authorization would save the applicants 3 to 6 weeks of possible delay.
Staff recommends that the Board adopt the attached Resolution (Attachment A) to authorize the County Executive to accept deeds conveying fee simple and easement interests, and to enter into license agreements easements, for greenways, provided that the deeds and agreements are approved as to form and content by the County Attorney.
A - Resolution
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