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HomeMy WebLinkAbout96-299 . . . RESOLUTION NO. 96-~ A RESOLUTION OF THE MORAVE COUNTY BOARD OF SUPERVISORS AUTHORIZING SETTLEMENT OF MOHAVE COUNTY SUPERIOR COURT CAUSE NO. 28991 (CONSOLIDATED WITH CAUSE NO. 33936) AND EXECUTION OF A SETTLEMENT AGREEMENT AND MUTUAL FULL AND FINAL RELEASE OF ALL CLAIMS AND THE PURCHASE OF THE PROPERTY IDENTIFIED BELOW. WHEREAS, Mohave County is a defendant in Mohave County Superior Court Cause No. 28991 (consolidated with Cause No. 33936) wherein the parties are litigating whether Mohave County took a drainage easement over Lot 14 and the east ~ half of Lot 21 of Big Bend Acres, Mohave County (the ~Property"), as more particularly described in the attached Settlement Agreement and Mutual Full and Final Release of all Claims (the ~Agreement"); and WHEREAS, A.R.S. ~11-251(14) authorizes the Board of Supervisors to direct, control, and compromise any actions to which the County is a party; and WHEREAS, Mohave County does not admit any improper conduct, omissions, or liability, but, rather, acknowledges that the Agreement represents an economic decision which recognizes the uncertainty, inconvenience, and economic demands of the litigation process and is a means to resolve the matters equitably for all concerned; NOW, THEREFORE, BE IT RESOLVED THAT the Mohave County Board of Supervisors hereby approves and authorizes the attached Agreement and the purchase of the Property. BE IT FURTHER RESOLVED THAT anyone of the following persons are authorized: (1) to sign on behalf of Mohave County the Agreement and any other documents necessary to conclude the settlement and purchase of the Property described in the Agreement, including, but not limited to, escrow instructions and other documents required by the title and/or escrow company;-and (2) to take such other and further actions as are necessary to conclude the settlement and purchase of the Property: 1 . . . Sam Standerfer, Chairman of the Mohave County Board of Supervisors; and Richard A. Skalicky, P.E., Mohave County Public Works Director. PASSED, APPROVED and ADOPTED this August , 1996. 5th day of MORAVE COUNTY BOARD OF SUPERVISORS BY~' S Standerfer, C irman of the Board of Supervisors of the WILLIAM J. EKSTROM, JR. MORAVE COUNTY ATTORNEY !~ ~~~k;;/-- By: Deborah L. Herbert Chief Civil Deputy County Attorney 2