R-07-33
RESOLUTION NO. R-07-33
A RESOLUTION APPROVING T:EIE DEED OF TRAIL EASE~ENT.
~AINTENANCE AGREE~ENT AND FINANCIAL AGREEJVJ:ENT BETVVEEN
COUNTRY CLUB :EIILLS RECREATION CORPORATION (CC:EIRC) AND
NORT:EIERN VIRGINIA CONSERVATION TRUST (NVCT) (COLLECTIVEL Y
"GRANTORS") AND T:EIE CITY. FOR.JVJ:ALIZING A TRAIL EASEJVJ:ENT ACROSS
A PORTION OF CC:EIRC'S PROPERTY (T:EIE "PROPERTY") TO PROVIDE USE
OF TRAILS AS VVELL AS PUBLIC ACCESS TO DANIELS RUN PARK AND
OT:EIER PUBLIC AJVJ:ENITIES.
"'V'VHEFlEAS, the City has for some time maintained a public trail across the Property
in accordance vvith prior agreements bet"V\Teen the CCHRC and the City; and
"VVHEREAS,. the City has determined that there continues to be a public :need for a
public trail easement across the Property; and
VVHEFt.EAS, Courrtry Club Hills Recreation Corporation is the ovvner of record of
certain real property vvhich is located in the City of Fairfax, Virginia, a.r1d identified as Tax
lVlap No. 57-2 ((2)) 185; a=d
'VVHEREAS, the Grantors are parties to that: certain "Deed of Gift of Conservation
Easement" dated December 16,2004 a=d recorded in Deed Book 16838, at page 1739, among
the lan.d records of Fairfax County, vvherein CCHRC (Ovvrrer) conveyed to NVCT a
"Conservation Easement in gross over the Property,. forever and in perpetuity"''''; and
~I-IE:REAS,.. the City and the Grantors desire to formalize the Trail Easement over
and across a portion of the Property to provide use of the trail as vvell as public access to
Daniels Run Park and other public amenities for an initial period of tvventy (20) years,.. and
shall automatically renevv on the t"Vlv'entieth year,.. and on every fifth (St:h) year thereafter unless
ei"ther CCHRC or the City, or their assigns or successors,.. notifies the other parties hereto,.. or
their assigns or successors,.. of the termination of this Deed of Trail Easement.
NOVV. T:EIEREFORE. BE IT RESOLVED by the City Council of the City of
Fairfax that a Deed of Trail Easement,.. lVlaintenance Agreement and Financial Agreement
betvveen the City and the Grantors,.. is hereby approved, and the City l\.Ila.:nager is authorized to
execute such documents on behalf of the City.
ADOPTED July 10,2007
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.. ~C>R
At"test:
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City Clerk
The vote on the motion to approve vvas recorded as Iollovvs:
VOTE:
Council"Vlv'omaY1 Cross
Councilman Greenfield
Councilvvoman.. Lyon
Councilman Rasmussen
Councilman Silverthome
Councilmember ~inter
Nay
~ye
~ye
Nay
~ye
~ye