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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