BOARD OF COUNTY COMMISSIONERS
Agenda Item #31
Title
Settlement of Lawsuit Challenging Hawthorne Northeast Annexations - Correction to Exhibit B of Agreement (Amended)
Amount
N/A
Description
Request Approval of this item to correct the legal description (Exhibit )B of the agreement settling the lawsuit challenging Hawthorne's northeast annexations (originally approved on April 8, 2008).
Recommendation
Approve the agreement settling the lawsuit challenging Hawthorne's northeast annexations, and specifically approve the correction of the legal description in Exhibit B.
Alternative(s)
Provide other direction to the County Attorney and County Manager.
Requested By
County Attorney
Originating Department
County Attorney
Attachment(s) Description
Settlement Agreement Attachment - Exhibit A Attachment - Exhibit B Map of Hawthorne municipal limits
Documents Requiring Action
Settlement Agreement
Executive Summary
Pursuant to the County Commission's direction, a settlement agreement was prepared and approved to resolve the lawsuit with the City of Hawthorne concerning annexations to the northeast. An error in the legal description (Exhibit B) has been discovered, and is now before the Board for correction.
Background
On July 5, 2006, Alachua County filed a lawsuit in circuit court, challenging annexations by the City of Hawthorne of approximately 337 acres to the northeast that nearly enclosed approximately 500 acres of unincorporated area. Representatives of the parties negotiated the attached proposed settlement, which was approved by the City of Hawthorne on March 4, 2008, and by the County Commission on April 8, 2008. Since that date, an error was discovered in the legal description (Exhibit B), which is now before the Board for correction.
Issues
Should the Board approve the attached Settlement Agreement with the corrected legal description (Exhibit B)?
Fiscal Recommendation
n/a
Fiscal Alternative(s)
n/a
Funding Sources
n/a
Account Code(s)
n/a
Attachment: StipulationExhibitA.pdf
Attachment: StipulationFinal.pdf
Attachment: ExhibitBrevised.pdf
Attachment: HawthorneQuashMap.pdf