20041012 r-04-72Illllllll
RESOLUTION NO. R-04-72
A RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT PERTAINING
TO CONDEMNATION LITIGATION AGAINST CAROLYN G. CHAPPELL,
LAUREN G. JENNINGS, AND DUSTON P. GREFE, FOR THE ACQUISITION OF
APPROXIMATELY 3.28 ACRES OF PROPERTY LOCATED ON MOSBY ROAD,
IDENTIFIED AS TAX MAP NUMBERS 58-3-02-001, 57-4-06-009E, AND 57-4-19-
000A.
WHEREAS, the City has determined that there is a public need for open space and a
public park on approximately 3.28 acres of property, identified as Tax Map Nos. 58-3-02-001,
57-4-06-009E, and 57-4-19-000A, owned Carolyn G. Chappell, Lauren G. Jennings, and
Duston P. Grefe; and
WHEREAS, by Resolution R-02-53, adopted on October 22, 2002, the City Council
authorized the initiation of condemnation proceedings in order to acquire the property; and
WHEREAS, on April 14, 2003, the City filed the Petition for Condemnation, and the
trial was scheduled for October 5-6, 2004; and
WHEREAS, the owners have agreed to settle the condemnation litigation in the
amount of One Million and No/100 Dollars ($1,000,000), payable no later than ninety days
after the date of the settlement agreement, which acquisition price shall bear interest at a rate
of six percent (6%) per annum, beginning on the 31st day after the date of the settlement
agreement, and accruing through the date of payment by the City;
WHEREAS, in order to avoid the costs and uncertainties of litigation, the City
Council has determined that it is in the best interest of the City to authorize this settlement
agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax, that a settlement agreement pertaining to condemnation litigation against Carolyn G.
Chappell, Lauren G. Jennings, and Duston P. Grefe, for the acquisition of approximately 3.28
acres of property located on Mosby Road, in the amount of $1,000,000, plus interest at a rate
of 6% per annum beginning on the 31st day after the date of the settlement agreement, through
the date of payment by the City, is hereby approved.
BE IT FURTHER RESOLVED that the property will be restricted perpetually for
use as open space and park land;
BE IT FURTHER RESOLVED that the City Manager is authorized to execute all
documents necessary to effectuate the settlement of the condemnation litigation and the
acquisition of the property on behalf of the City.
ADOPTED this 12th day of October 2004.
MAYOR
ATTEST:
· [ - City C~-erk
VOTE:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
absent
aye
aye
absent
aye
aye