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19810414 r-81-3RESOLUTION NO. R-1981-3 A RESOLUTION PROVIDING FOR AN EXCHANGE OF LAND BETWEEN THE CITY OF FAIRFAX, VIRGINIA AND CITY SQUARE PARTNERSHIP WHEREAS, City Square is the contract purchaser of a parcel of approximately 1.37± acres belonging to James L. Draper and Shirley Draper, his wife, known as 4219 Chain Bridge Road, Fairfax, Virginia, shown on Fairfax City tax map 57-4-002-24, being adjacent to the City Hall of the City of Fairfax ("Draper Property"); and WHEREAS, City Square heretofore applied to the City of Fairfax for a change of zoning of the Draper Property from R-2 to C-1 to permit the construction of a low-rise office building in accordance with a development plan and in accordance with proffers submitted with the application; and WHEREAS, the application of City Square to rezone the Draper Property was denied by the City of Fairfax; and WHEREAS, City Square thereafter brought a suit against the City of Fairfax in the Circuit Court of Fairfax County, in Chancery Number 67716; and WHEREAS, the City is the owner of a parcel of approxi- mately five acres of land adjacent to the Fairfax City Municipal Cemetery, having frontage on Page Avenue opposite the Fairfax County Police Headquarters; and WHEREAS, the City of Fairfax has a need for the Draper Property and house for additional office space for the provision of public services and for use as park land; and WHEREAS, the City of Fairfax and City Square Partnership have agreed to consider settling the Chancery case by exchanging 1.53± acres of the five (5) acres adjacent to the Fairfax City Municipal Cemetery shown as Parcel 2A at Schedule A for the 1.37± acre Draper Property identified as 4219 Chain Bridge Road, Fairfax, Virginia shown on Fairfax City tax map 57-4-002-24. R-81-3 - 2 - NOW, THEREFORE, BE IT RESOLVED, that the City of Fairfax, Virginia, agrees to exchange 1.53± acres of land owned by it adjacent to the Fairfax City Municipal Cemetery having frontage on Page Avenue and shown as Parcel 2A at Schedule A (plat pre- pared by Douglas M. Detwiler and Associates, Inc., dated March 31, 1981) for 1.37± acres of land and improvements known as the Draper Property, at 4219 Chain Bridge Road, Fairfax, Virginia, as shown on Fairfax City tax map 57-4-002-24, being adjacent to the City Hall of the City of Fairfax. This exchange of land is subject to the conditions of the Agreement of February 23, 1981 between City Square Partner- ship and the City of Fairfax, Virginia at Schedule B. Adopted by a three-fourths vote of the entire governing body of the City of Fairfax, Virginia on the 14th day of April , 1981. Mayor ATTEST: