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File #: 25-0095    Version: 1 Name: 1/21/25 - Authorize Settlement of City of Ann Arbor v 201 N Fourth
Type: Resolution Status: Passed
File created: 1/21/2025 In control: City Council
On agenda: 1/21/2025 Final action: 1/21/2025
Enactment date: 1/21/2025 Enactment #: R-25-020
Title: Resolution to Authorize Settlement of City of Ann Arbor v 201 N Fourth et al., Washtenaw County Circuit Court Case No. 24-000444-CH
Sponsors: Christopher Taylor

Title

Resolution to Authorize Settlement of City of Ann Arbor v 201 N Fourth et al., Washtenaw County Circuit Court Case No. 24-000444-CH

Staff

Prepared by:                       Jennifer Richards, Assistant City Attorney                     

Reviewed by:    Atleen Kaur, City Attorney

Body

Whereas, The City discovered encroachments in a City Alley and filed a lawsuit to quiet title to the parcel;

 

Whereas, The City Attorney’s Office has advised City Council on this matter in an attorney-client privileged and confidential legal advice memorandum;

 

Whereas, To avoid the cost of continued litigation, the parties now desire to settle and resolve the lawsuit;

 

RESOLVED, That City Council authorizes the City Attorney to fully resolve the case entitled City of Ann Arbor v 201 N Fourth, LLC et al., Washtenaw County Circuit Court Case No. 24-000444-CH by City sale of a portion of the City Alley to adjacent property owners and consistent with the recommendations in the privileged and confidential legal advice memorandum;

 

RESOLVED That settlement is contingent on the receipt of a full and final settlement agreement signed by the parties, release of all claims, and entry of dismissal of the lawsuit with prejudice by the Court, all of which shall be subject to City Attorney approval as to form and substance; and

 

RESOLVED, That the Mayor, Clerk, City Administrator and City Attorney are authorized to take actions to implement this resolution, including signing purchase agreements and a settlement agreement.

 

Sponsored by:  Mayor Taylor