Sponsor:                                                                     Board of Supervisors Meeting Date:

Harry F. Atherton. Chairman, Marshall                         June 21, 2004 

District Supervisor


Staff Lead:                                                                 Department:


Paul S. McCulla, County Attorney                                County Attorney’s Office





A Resolution Authorizing the County Administrator and the County Attorney to Execute All Documents Necessary to Acquire a 9.61 Acre Parcel of Land Owned by George R. Thompson, Jr. by Purchase, or by Condemnation, Consented to by the Landowner, Upon the Terms and Conditions as Set Forth in this Resolution


Topic Description:


The proposed resolution authorizes the County Attorney and County Adminstrator to take all actions necessary to acquire a 9.61 acre tract of land located in the unincorporated town of Marshall.  The parcel is immediately adjacent to the Marshall Community Center and is to be used to locate the northern County swimming pool complex.  The resolution authorizes the County Attorney and County Administrator to negotiate a price up to $28,108 per acre.  If the landowner demands a higher price, it will be brought back to the Board of Supervisors for further consideration. The resolution specifies that upon the transfer of the deed, the purchase price will be paid to an escrow agent.  The money will be repaid to the County if the Board of Supervisors rezones a different piece of property to at least 18 units above its by right density, or in the alternative, if Mr. Thompson "sells" the development rights to another developer to be extingushed as an offset against the request for increased density in the other developer's rezoning request.  If the Board fails to rezone the property or if Mr. Thompson requests, or if three years pass without any action, the purchase price would be paid to Mr. Thompson.


Requested Action of the Board of Supervisors:


Consider adoption of the attached resolution.


Financial Impacts Analysis:


The maximum potential financial impact of the passage of the resolution was $28,108.80 per acre or a maximum payment of $270,125.56.



Identify any other Departments, Organizations or Individuals that would be affected by this request:


George R. Thompson, Jr.