R-06-12
RESOLUTION NO_ Ft.-06-12
A RESOLUTION ACCEPTING TIIE TFt.ANSFEFt. OF TITLE TO TIIE CITY OF THE
FORJVI:EFt. VVESTJVl:ORE ELEJVl:ENTAFt.Y SCIIOOL PFt.OPEFt.TY FFt.OJVI: TIIE CITY
OF FAIFt.FAX: SCIIOOL BOAFt.I>, AND AUTIIOFt.IZING TIIE EXECUTION ANI>
RECOFt.I>ATION OF A DECLAFt.ATION OF COVENANTS REGAFt.I>ING THE
POTENTIAL FUTURE AVAILABILITY OF TIIE FORJVI:EFt. GFt.EEN ACRES
ELEJVl:ENT AFt.Y SCIIOOL PFt.OPEFt.TY FOFt. PUBLIC SCIIOOL PVFt.POSES
~:EIER.EAS" the City is the OV\.Tner of record of the former Green Acres Elementary School
property (the "Green Acres Property") and the City of Fairfax School Board (the ""School
Board"") is the ovvn.er of record OT the former ~est:more Elementary School property (the
"''''''\lVestmore Property"""); and
"VVHER..EAS, the School Board has indicated its desire to transfer the ovv-uership and title of
the "'V\Testmore Property to the City" in exchange for the City"s agreement to prepare and
record a Declaration of Covenants providing for the potential future availability of the Green
Acres Property ror public school purposes, should the School Board determine that it has need
Tor the Green Acres Property; and
","I-IEREAS,. the City believes that it is in the best interest of its citizenry to secure ov.rnership
of the V\l'"estmore Property and to agree to the conditions required by the School Board in
connection v.rith said transfer of ov.rnership and title.
NOVV, TIIEREFORE, BE IT RESOL"VED by the City Council of the City of Fairfax, that
it does hereby adopt this resolution accepting the transfer of title and o-vvuership to the
~estmore Property, such transfer to be effected by the execution and recordation by the
School Board of the Deed substantially in the form of that attached to this resolution as
Attachment 1.
BE IT FUFt.TFIEFt. RESOLVED by the City Conncil of the City of Fairfax, that it does
hereby authorize the :M:ayor to execute the necessary documentation, to include a Declaration
of Covenants substantially in the form of that attached to this resolution at Attachment 2, to
evidence the agreement of the City to make the Green Acres Property available to the School
Board for public school purposes, upon the fu.tu.re request by the School Board, on the terms
and conditions as set forth in the Declaration of Covenants.
BE IT FUFt.TIIEFt. RESOLVED by the City COUI1cil of the City of Fairfax, that the City
Attomey is hereby authorized and directed to make any necessary changes aT a non-
substantive nature to the forms of the Deed and the Declaration of CovenaI1ts necessary to
implement the provisions of this resolution.
BE IT FUFt.TIIEFt. RESOLVED that the City's obligation to proceed under this Resolution
is expressly made contingent upon the School Board approving the transfer of the 'N"estmore
Property to the City at its regularly scheduled meeting on lVlay 1, 2006, and the School
Board's approval of the Deed and the Declaration of Covenants substantially in the forms as
attached to this resolution.
Adopted this 25th day of April, 2006.
~~~
Mayor
ATTEST:
~~~
City Clerk
The vote on the motion to approve was recorded as follows:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye