RESOLUTION

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

            WHEREAS, Fauquier County and the Town of Warrenton are currently engaged in that certain litigation styled COUNTY OF FAUQUIER, ET AL. v. JOYCE ANN HALEY THOMAS, et al., Law No. 98-389; and

            WHEREAS, said litigation is for the purpose of ascertaining that just compensation be paid for the property taken by the localities as part of the Rails-to-Trails Project; and

            WHEREAS, the parties propose to settle said litigation on the hereinafter set forth terms; and

            WHEREAS, by the adoption of this resolution, the Board of Supervisors has determined it is in the best interest for Fauquier County to settle the present litigation; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 21st day of April 2003, That the County Administrator and County Attorney be, and are hereby, authorized to settle that certain litigation styled COUNTY OF FAUQUIER, ET AL. v. JOYCE ANN HALEY THOMAS, et al., Law No. 98-389, on the following terms and conditions:

(1)        Payment of $25,000 to be shared equally between the Town of Warrenton  and Fauquier County ; and

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

(3)        Grant of a 3-lot subdivision for single-family residences; 

and, be it

            RESOLVED FURTHER, That such settlement shall include a provision that the actual roadbed for the private road to serve the subdivision parcels shall be no greater than that presently existing, or that which is required by the Town's zoning or subdivision ordinance; and be it

            RESOLVED FINALLY, That the funds necessary to pay the County's share of the settlement shall be taken from the County's reserve for contingencies.