AGENDA REQUEST

Sponsor:                                                      Board of Supervisors Meeting Date:

Town/County Liaison Committee                                  April 21, 2003

Staff Lead:                                                                 Department:

Paul S. McCulla                                                           County Attorney

Topic:  A RESOLUTION TO APPROVE THE SETTLEMENT OF THAT PARTICULAR LITIGATION STYLED COUNTY OF FAUQUIER , ET AL. v. JOYCE ANN HALEY THOMAS, et al., Law No. 98-389

Topic Description:

As part of the Rails to Trails Project, Fauquier County and the Town of Warrenton "quick took" title to a portion of property owned by Joyce Ann Haley Thomas, et als.  Once the project was completed, litigation was filed to determine the value of the property taken.  As a result of settlement negotiations, a proposed settlement was crafted in that the Town/County agreed to pay the defendants $25,000 for the value of the land taken.  The terms of the proposed settlement are:

(1)        Payment of $25,000;

(2)        Grant of a 50' wide easement from the property to Washington Street;

(3)        Grant of a 3-lot subdivision by the Town for single-family residences. 

As further explanation of the proposed settlement, $9,000 had been previously paid into the Court.  It is proposed that the remaining $16,000 is to be split between the Town of Warrenton and Fauquier County.  While a 50' wide right-of-way would be platted, the roadbed would be restricted to no wider than the presently existing roadbed, or the minimum width required by the Town.  While the property is currently zoned "residential townhouses," Defendants agree to accept a three-lot single-family residential subdivision.  The County's appraiser indicates that, given the right to divide the property into three lots, the potential value of the property taken exceeds the amount to be paid.  In order to litigate this matter, the County would be required to present, as expert witnesses, a title abstractor, surveyor and appraiser.  The final estimated cost for services of these expert witnesses exceeds the cost to be paid under the settlement.  This matter has been reviewed by the Town/County Liaison Committee, which unanimously recommend settlement of this lawsuit on the terms discussed above.

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Financial Impacts Analysis:

$8,000

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Parks and Recreation