AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

Chester W. Stribling, Lee District Supervisor

July 13, 2006

Staff Lead:

Department: 

Kevin J. Burke, County Attorney

County Attorney’s Office

Topic: 

A Resolution Authorizing the County Administrator and the County Attorney to Take All Actions Necessary to Negotiate the Acquisition of a Parcel of Real Estate Commonly Referred to as the Common Open Space for Edgewood East Subdivision in the Lee Magisterial District

 

Topic Description:

Potential acquisition of a parcel of real estate commonly referred to as the common open space for Edgewood East Subdivision in the Lee Magisterial District, and being further identified as PIN 6889-73-9188 for public parks purposes. 

The Fauquier County Parks and Recreation Department has indicated that it is interested in the acquisition of the parcel for public park and trail purposes.   Mr. Miller has indicated his department is committed to acquiring the property.

The present owners of the property are Charles and Maryetta Jones who developed the Edgewood East Subdivision.  At the time of development this property was not transferred to a homeowners association which has since been established. As a result real property taxes have and continue to accrue on the parcel. The association is not in a position to take title to a parcel of property with a significant tax lien.   At the present time, the delinquent real estate tax balance is $30,100.00. 

Alvin Henry appraised the property in 2000 and indicated that the highest and best use of the property is as a recreational and open space area for the surrounding subdivision.  The County is currently assessing the parcel at $241,000.

Requested Action of the Board of Supervisors:

Options available to the Board of Supervisors include:

  1. Authorize the purchase of the property for an amount equivalent to the taxes.  If this option is selected then the Jones’s tax liability will be discharged in exchange for the transfer of the property to the county.
  2. Authorize the acceptance of the donation of the property to the county.  If this option is selected the Jones’s would transfer the property by a deed of donation and the County would become the owner of the property.  Delinquent real estate taxes run with the land and the County would own the property subject to the tax obligation.  The County would then pay itself for the taxes and the lien would be discharged. 
  3. The County Attorney’s office would proceed to take a judgment on the delinquency.  The property would be sold to pay the taxes; however, given the limited value that the property has on the open market there would be a deficiency. 
  4. Take no action.

 

Recommendation:

Consider adoption of the attached resolution.

Financial Impacts Analysis:

Acquisition of the property by donation would result in the release of approximately $31,000.00 in delinquent real estate taxes.

 

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

Parks and Recreation Department

Charles and Maryetta Jones

Attachment:  Arial Photo

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