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HomeMy WebLinkAboutCLIFFORD CHANNELL SETTLEMENT OF ALL CLAIMS RELATED TO SAME RESOLUTION RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS RELATED TO THE REAL PROPERTY OF CLIFFORD CHANNELL LOCATED AT 215 CRAWFORD AVENUE THAT WAS DAMAGED IN THE AGGREGATE AMOUNT OF THIRTY SIX THOUSAND DOLLARS ($36,000.00); AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE THE AMOUNT OF THIRTY SIX THOUSAND DOLLARS ($36,000.00); WAIVING AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County Trees and Landscape Department was in the process of hewing a large tree in the Augusta-Richmond County right-of-way; and was called away from the process to an exigent assignment; WHEREAS, On March 3,2008, said tree fell onto 213, 215 and 217 Crawford Avenue; and WHEREAS, the damage to the real property located at 215 Crawford Avenue, owned by Claimant Clifford Channell, rendered it uninhabitable; WHEREAS, Claimant has not filed a lawsuit and wants to consider settling his claim prior to retaining an attorney; WHEREAS, Claimant has agreed to settle all claims against Augusta-Richmond County Trees and Landscaping Department and Augusta-Richmond County for the sum of thirty-six $36,000.00; WHEREAS, it is in the best interests of Augusta-Richmond County to resolve this matter and recommends that it pay the amount of thirty-six thousand dollars ($36,000) to Claimant to settle all claims of Claimant against Augusta-Richmond County arising out of the alleged facts; WHEREAS, Augusta-Richmond County admits no liability; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission Section 1: The Augusta-Richmond County Commission will settle the claim of Clifford Channell for the aggregate amount of thirty-six thousand dollars ($36,000.00). Section 2: The County Administr1;ltor is authorized to pay a total sum of thirty-six thousand dollars ($36,000) to Clifford Channell at the direction of the Commission and payment shall be in the form of a check payable to Claimant. Section 3: To the extent that any section of the AUGUSTA CODE IS III conflict herewith, that subsection is waived for this instance only. Adopted this 2- day of ~ ' 2008. ct0~- David S. Copenh As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the ~ R~lution was duly adopted by the Aug~sta-Richmond Count~ Commissio.n on ~ ' 2008 and that such ResolutIOn has not been modIfied or rescIllded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which as approved and adopted in the foregoing meeting(s).