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Agenda Item
4.02 Exchange of Real Property - Authorization of actions necessary to complete the exchange of real property with the Fairfax County Park Authority for the South County Middle School, approved by the School Board at its June 19, 2008 meeting (FTS; presented as new business 10/22/09)

Meeting:11/05/2009 Regular Meeting No. 7
Category:4. Action Items - 9:15 p.m.
Agenda Type:Action
Approver:Select Approver
Approval Tree:Select Approver
Agenda Item Content

4.02 Exchange of Real Property.mp3

Staff Contact: Dean A. Tistadt, chief operating officer, Facilities and Transportation Services

Meeting Type: November 5, 2009, Regular School Board Meeting No. 7

SUBJECT: Exchange of Real Property

TYPE: Decision

RELATED TO: N/A

KEY POINTS:

At its June 19, 2008, meeting the School Board authorized and directed the Superintendent, in open meeting, to enter into discussions with Fairfax County and the Fairfax County Park Authority for the purpose of exchanging the existing South County middle school property, more particularly identified as Fairfax County Tax Map Parcel No. 098-3-((01))-0025, containing approximately 39.74 acres (the "Existing South County Middle School Property") for other County or Park Authority-owned property and/or to acquire the "Nike Adaptive Reuse Area" site adjacent to the existing South County Secondary School site, more particularly identified as a portion of Fairfax County Tax Map Parcel No. 107-3-((01))-0019 (the "Nike Site"), for the purpose of constructing a new South County Middle School.

The School Board’s Office of Design and Construction Services, on behalf of the School Board, has pursued an exchange of the Existing South County Middle School Property for a 38.74-acre parcel of land owned by the Park Authority that includes the Nike Site (together, the "Existing Park Authority Property"), as described in Exhibit A hereto. The parties have agreed to the terms of the exchange, as will be detailed in the Deed of Exchange, which will be furnished prior to School Board action. An aerial photo showing the Existing South County Middle School Property and the Existing Park Authority Property is attached as Exhibit B.

The School Board has the authority to exchange the Existing South County Middle School Property pursuant to Va. Code § 22.1-129.


RECOMMENDATION:

That the School Board authorize and direct the Division Superintendant and Chief Operating Officer, either of whom is authorized to act individually on behalf of the School Board, to take all actions, with the advice of the School Board's Attorney, which such officials deemed to be appropriate or necessary in order to negotiate and complete the exchange with the Fairfax County Park Authority of the Existing South County Middle School Property and the Existing Park Authority Property, both as defined in this agenda Item, including but not limited to, executing on behalf of the School Board all documents related to the transaction (including, without limitation, the Deed of Exchange), securing the statutorily required title insurance, finalizing, signing, delivering, and recording the Deed of Exchange and delivering such further assurances as may be required; and that all such actions taken by the Division Superintendant, Chief Operating Officer and School Board Attorney in connection with this matter are hereby ratified and confirmed.


Attachments: A. Property Description SCMSExhibitA.pdf
B. Aerial PhotoSCMSExhibitB.pdf

Deed of Exchange DeedofExchange-SCMS.pdf



Action Agenda Details
Motion:
Authorize and direct the Division Superintendant and Chief Operating Officer, either of whom is authorized to act individually on behalf of the School Board, to take all actions, with the advice of the School Board's Attorney, which such officials deemed to be appropriate or necessary in order to negotiate and complete the exchange with the Fairfax County Park Authority of the Existing South County Middle School Property and the Existing Park Authority Property, both as defined in this agenda Item, including but not limited to, executing on behalf of the School Board all documents related to the transaction (including, without limitation, the Deed of Exchange), securing the statutorily required title insurance, finalizing, signing, delivering, and recording the Deed of Exchange and delivering such further assurances as may be required; and that all such actions taken by the Division Superintendant, Chief Operating Officer and School Board Attorney in connection with this matter are hereby ratified and confirmed.

Motion By:
Daniel G Storck
Second:
Martina A Hone
Action:Unanimous
Voting Record
Kathy L Smith ChairmanNot Present
Judith (Tessie) Wilson Vice ChairmanYea
Elizabeth T BradsherNot Present
Brad CenterYea
Stuart D GibsonNot Present
Martina A HoneYea
Kaye KoryYea
Ilryong MoonYea
James L RaneyYea
Daniel G StorckYea
Jane K StraussYea
Shawn Ghuman Student RepresentativeNot Present

 

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