003-01
BOARD OF SUPERVISORS
A RESOLUTION PURSUANT TO THE CODE OF VIRGINIA, 1950, AS AMENDED,
SECTION 15.2-2009, ET. SEQ., TO ALLOW FOR THE ENCROACHMENT OF
SHA WNEELAND SANITARY DISTRICT PROPERTY FOR THE PURPOSE OF
ACCESS TO A GROUNDWATER WELL LOCATED IN THE SHA WNEELAND
SA1~ITARY DISTRICT, LOT 18 AND LOT 19, RAINBOW FALLS, PLAT 1, SECTION
15, ROAD DESIGNATED AS DOE TRAIL
WHEREAS, an application of Virginia M. Salisbury has been made for adoption of a
resolution permitting the presently existing encroachment upon the property of the ShawneeLand
Sanitary District under and upon the public street known as Doe Trail in ShawneeLand, Back Creek
Magisterial District, for a well erroneously constructed thereon which serves the property known as
Lots 18 and 19, Rainbow Falls, Plat I, Section 15, ShawneeLand, of the applicant, such
encroachment being as more particularly shown on the plat of Artz and Associates dated April 4,
2001, which is incorporated herein by this reference; and
WHEREAS, such proposed resolution having been duly advertised and a public hearing
having been duly held thereon.
NOW, THEREFORE, BE IT KNOWN, that, upon motion duly made by Margaret B.
Douglas, and seconded by Charles W. Orndoff, Sr., and upon the votes as recorded hereinafter, this
resolution is hereby adopted as follows:
The ShawneeLand Sanitary District authorizes Virginia M. Salisbury, her heirs, successors,
or assigns, to maintain the well and necessary pump and piping presently existing as an
encroachment under and upon the public street known as Doe Trail, in ShawneeLand, Back Creek
Magisterial District, to service, and for the benefit of the property known as Lots 18 and 19,
Rainbow Falls, Plat 1, Section 15, ShawneeLand, and none other, and to the extent necessary to enter
and excavate upon and under Doe Trail to maintain and repair such well, pump, and piping,
provided; however, that those exercising any such authority shall restore such property to its
condition at their sole expense.
Such authority to so encroach shall continue until such time as such encroachment shall exist
only until such time as the present well is removed or for so long as the well remains operational and
does not interfere with any legitimate public use of the property, or until this resolution is repealed,
deleted, or superseded by further action of the governing body, whichever occurs sooner.
Such authority shall not be construed to relieve said owners or their successors of any
negligence on their part on account of such encroachment.
-.-/'
Resolution - Encroachment - ShawneeLand Sanitary District - Virginia M. Salisbury
Page 2
This resolution was passed this 11th day ofJuly, by the following recorded vote:
Richard C. Shickle
Aye
Robert M. Sager Aye
Charles W. Orndoff, Sr.
Aye
Margaret B. Douglas Aye
W. Harrington Smith, Jr.
Aye
Sidney A. Reyes Aye
A COPY TESTE:
Jo . Ri ey, Jr.
Clerk, Board ofSupervi rs
County of Frederick, Virginia
RESOLUTION NO.: 003-01
STATE OF VIRGINIA
COUNTY OF FREDERICK, TO WIT:
I,~A (,,11 , ~ ::;::>y i ( r ' a Notary Public in and for the State of Virginia and
County ofFrederi , do hereby certify that thiS day, John R. Riley, Jr., Clerk, Board of Supervisors,
County of Frederick, Virginia, personally appeared before me, whose name is signed to the
foregoing instrument dated July 11,2001, and acknowledged the same before me in the state and
county aforesaid.
Given under my hand this \::1.-!b
My commission eXPiret.) \1..\ ~
day 0(5"'\\..0
\
~\ !).('O~
,2001.
-.-J
~'Gvt'..d(A ....\C?r.'C!_
~ Public
, 'llj',\l':
LAW ntl'l!'t(:~
CHASLElf. BOWMAN
AND VANN. P.L.C.
l=~ WRST ntltoM""Wf/'..1\ri ron'wKK'T
.\'t~'III""'-~K. vlNUIN1A ltWtIO\
"''''''.1 lIDO
This ENCROACHMENT AGREEMENT made and dated this \ rl:.!l-day of July, 2001,
by and between SHAWNEELAND SANITARY DISTRICT OF FREDERICK COUNTY
,
VIRGINIA, hereinafter refereed to as Grantor; and VIRGINIA M. SALISBURY, formerly
known as VIRGINIA M. OPDYKE ,party of the second part, hereinafter refereed to as the
Grantee and GLEN E. WILDER, MANAGER, party of the third part.
WHEREAS, the Grantor is the owner of certain property located in Shawneeland,
Frederick County, Virginia a portion of which is improved by a road designated as DOE Trial;
and
WHEREAS, the Grantee owns Lot 18 and Lot 19 Rainbow Falls, Plat 1, Section 15,
Shawneeland, which a portion of which fronts on said road; and
WHEREAS, a well was inadvertently placed on the Grantor's land which encroaches
2.2 feet, as more particularly described by plat and survey of Artz and Associates dated April 4,
2001, and attached hereto and made a part hereof; and
WHEREAS, the Grantee has requested the right to maintain the encroachment on said
Doe Trial for so long as the well is operational and does not interfere with any legitimate public
use of the property.
NOW, THEREFORE, for and in consideration of the sum of money paid hereunder and
other consideration, receipt of which is acknowledged and pursuant to Section 15.2-20110fthe
Code of Virginia of 1950, as amended, the Grantor does hereby authorize the Grantee and her
successors the right to maintain the encroachment of 2.2 feet as set out on the attached plat until
such time as the well is removed or for so long as the well remains operational and does not
interfere with any legitimate public use of the property.
The party of third part joins in the execution of this encroachment agreement
evidencing its consent thereto.
WITNESS the following signatures and seals:
SHA WNEELAND SANIT AR Y DISTRICT
FREDERICK COUN Y, VIR INIA
(SEAL)
(SEAL)
By:
VIRGINIA M. SALISBURY
J7:1jL ~~.
GLEN E. WILDER, MANAGER
(SEAL)
STATE OF VIRGINIA
City/County of ~'(r"A.......;r\<' , to-wit:
----./ f~
I, \~,~r,,\C1c). r'r; c-<...,. , a Notary Public, in and for the jurisdiction
aforesaid, do hereby certify tha~c\-.-\rK--;?~,-<" Of" of SHAWNEELAND
SANITARY DISTRICT, FREDkdcK COUNTY, VIRGINIA, whose name IS Signed to the
foregoing agreement bearing date this \ \~ay of July, 2001, has this day personally appeared
before me and acknowledged the same.
Given under my hand this ~ ~day of July, 2001.
My Commission eXPires:d 1.1\ 6 0 \. ~ (x':)
:r~~~li()' ~r If(:_
STATE OF VIRGINIA
City/County of
, to-wit:
I,
, a Notary Public, in and for the jurisdiction
aforesaid, do hereby certify that VIRGINIA M. SALISBURY, whose name is signed to the
foregoing agreement bearing date this _ day of July, 2001, has this day personally appeared
before me and acknowledged the same.
Given under my hand this _ day of July, 2001.
My Commission expires:
Notary Public
ST ATE OF VIRGINIA
City/County of '=\ ( t.c:.h",'L.'I'- , to-wit:
I, ~J( u,\( l d '7~' ~ 1..<- , a Notary Public, in and for the jurisdiction
aforesaid, do hereby certify that GLEN E. WILDER, whose name is signed to the foregoing
agreement bearing date this \\.\-~day of July, 2001, has this day personally appeared before me
and acknowledged the same.
Given under my hand this \:.l" day of July, 2001.
My Commission eXPires:d I.A\~ D~ f).('f)~
\ e..r Co \u ~ . r:y r i UL....
Notary Pu .
HOltS:
I. _ SHOWN H(Jl(ON WAS O[l[lllON[O II' A nno _ SUlM't
Pl:RrORlol(O II' NIIl .. A$SOCIAltS ON JUly I. 1m.
SHEEl'lOFl
L.Or 11
L.Or21
LOr 22
'AW.. UXA110N ~f~
l.or5 18 & 19
W.fJON fK.l..5. PLAf I. ~11aJ 1!1. ~~e~
"Ia~~f. ~caNIY. vraNA
SCJt.e: III ... -1<)' "Me:.Af'D. -t. 200
m:~ CNHR:
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LOr 18 1M .~A2"H~H8 II!' -t11. PiA 662
LOr 19 1M .~A2"H'-t9 II!' +II. PiA 110
PIlO.I(Cr flll_
COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
July 12,2001
540/665-5666
Fax 540/667-0370
E-mail:
jri ley@co.frederick.va.us
Thomas J. Chasler
Chasler, Bowman and Vann, P.L.e.
124 West Boscawen Street
Winchester, V A 22601
Re: Salisbury Well
Dear Mr. Chasler:
The Frederick County Board of Supervisors, meeting in regular session and public hearing
held on July 11,2001, approved the resolution and encroachment agreement with reference to the
above. The executed resolution and agreement are enclosed.
Upon execution by Virginia Salisbury, would you please forward a fully executed copy to
our office for our records.
With kindest regards, I am
Sincerely,
;;
John R. Riley, Jr.
County Administrator
JRR/tjp
Enclosures
cc: Glen E. Wilder, Sr., Manager, ShawneeLand Sanitary District
Harvey E. Strawsnyder, Jr., P.E., Public Works Director
107 North Kent Street . Winchester. Virginia 22601-5000