HomeMy Public PortalAbout2006_05_09_r088
The Town of
Leesburg,
Virginia
PRESENTED:May 9. 2006
RESOLUTION NO. 2006- 88
ADOPTED: Mav 9. 2006
A RESOLUTION: AUTHORIZING THE SETTLEMENT OF LITIGATION WITH RR
LEEGA TE, LLC
WHEREAS, Leesburg Run, LLC filed a Verified Bill of Complaint against Town on
April 17, 2000 in the Circuit Court of Loudoun County, known as Leesburg Run LLe v. Town of
Leesburg, Virginia, et ai., Chancery No. 19940 (the "Lawsuit"), in which Leesburg Run alleged
claims relating to the zoning and development of a 10-acre parcel abutting Market Street in
Leesburg and commonly referred to as Leegate Lot 5 ("Lot 5"); and
WHEREAS, the Town denied the material allegations of the Lawsuit; and
WHEREAS, on April 9, 2004, Leesburg Run conveyed its fee simple interest in Lot 5 to
RR Leegate , LLC "RR" and assigned all claims in the Lawsuit to RR; and
WHEREAS, the Town and RR wish to enter into a full and final settlement of the
Lawsuit; and
WHEREAS, the Town Attorney and Town Staff have negotiated a settlement agreement
that dedicates to the Town certain portions of Lot 5 that will facilitate the construction ofa
Battlefield Parkway tie-in to Market Street and certain land for the extension of Russell Branch
Parkway.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
RESOLUTION:
-2-
AUTHORIZING THE SETTLEMENT OF LITIGATION WITH RR
LEEGA TE, LLC
SECTION I. The Town Council hereby authorizes the Town Manager to execute the
Settlement Agreement and Release between the Town of Leesburg and RR Leegate, LLC.
PASSED this 9th day of May 2006.
~~.D~
. . Umstattd, Mayor
Town of Leesburg
ATTEST:
~A'i~r
C rk of Council
R08: leegatesettlement