20050727 R-05-47RESOLUTION NO. R-05-47
A RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT OF
CONDEMNATION LITIGATION AGAINST VIRGINIA SEEKFORD SMITH
AND SMITH AND FRANCIS, INC., FOR THE ACQUISITION OF
APPROXIMATELY 0.37 ACRES OF PROPERTY LOCATED AT 3987
UNIVERSITY DRIVE, IDENTIFIED AS
TAX MAP NUMBER 57-4-((2))-108.
WHEREAS, the City has determined that there is a public need for a public parking
lot, a public street dedication, a temporary construction easement, and a storm drainage
easement on approximately 0.37 acres of property, identified as Tax Map No. 57-4-((2))-108,
owned Virginia Seekford Smith and Smith and Francis, Inc.; and
WHEREAS, by Resolution R-05-40, adopted on June 14, 2005, the City Council
authorized the use of "quick take" procedures in order to acquire the property for the
foregoing purposes; and
WHEREAS, on June 29, 2005, the City filed a Certificate of Deposit among the land
records of Fairfax County, Virginia, whereby the City acquired defeasible title to the property;
and
WHEREAS, the owners have agreed to settle the condemnation litigation in the
amount of Two Million Seven Hundred Fifty Thousand and No/100 Dollars ($2,750,000.00),
payable no later than August 1, 2005; and
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 Virginia
Seekford Smith and Smith and Francis, Inc., for the acquisition of approximately 0.37 acres of
property located at 3987 University Drive, in the amount of $2,750,000.00, is hereby
approved.
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 27th day of July, 2005.
Attest:
' [- City Clerk
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilmember Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye