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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