R-12-72 RESOLUTION NO. R-12-72
RESOLUTION REAFFIRMING AND CLARIFYING THE AUTHORITY OF THE
CITY MANAGER TO EXECUTE DOCUMENTATION IN CONNECTION WITH
THE SALE OF CERTAIN REAL PROPERTY OWNED BY THE CITY, AND
LOCATED PARTIALLY WITHIN THE CITY AND PARTIALLY WITHIN THE
COUNTY OF FAIRFAX, AND FURTHER D X MAP D 57ITY TAX MAP NO. 57-
4-02-003, 004 AND COUNTY
WHEREAS, by Ordinance No. 2011-08, enacted May 10, 2011 (the "Ordinance"),
the City Council authorized the sale of certain real property located partially within the City
and partially within the County of Fairfax (the "County"), and more particularly identified as
City Tax Map No. 57-4-02-003, 004 and County Tax Map No. 57-4-01-0006 (the
"Property"); and
WHEREAS, the City and Eleven Oaks, L.L.C., as assignee from MHI-Eleven Oaks,
L.L.C. subsequently entered into a Real Estate Sales Contract (the "Contract"), which
Contract remains in full force and effect as of the date of this Resolution; and
WHEREAS, the Ordinance authorized the City Manager, or his designee, to "execute
any and all documentation in connection with the transaction that is the subject of [the]
Ordinance, including but not limited to, any documentation required as part of the closing or
settlement of this transaction, with the concurrence of the City Attorney"; and
WHEREAS, in connection with certain land use actions pending in the County with
respect to the portion of the Property located within the County, the County has requested
clarification of the authority granted to the City Manager to execute certain documentation in
connection with the land use actions pending in the County.
NOW THEREFORE BE IT RESOLVED THAT:
1. The authority granted to the City Manager in Ordinance No. 2011-08 is hereby
reaffirmed.
2. To the extent required, the City Council hereby clarifies and affirms its specific
intent in passing Ordinance No. 2011-08; namely, that such authority includes,
without limitation, the grant of authority to the City Manager, or his designee, with
the concurrence of the City Attorney, to sign, on behalf of the City, proffers,
development conditions, applications, authorizations and other such
documentation associated with Rezoning/Final Development Plan RZ/FDP 2012-
BR-014, now pending before the County with regard to the Property.
3. This Resolution shall take effect immediately upon its adoption and all prior
actions by the City are reaffirmed.
Adopted this 11`h day of December, 2012.
Mayor
ATTEST:
ern -
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Absent
Councilmember Schmidt Aye
Councilman Stombres Aye