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Potential
acquisition of three parcels of real estate, commonly
referred to as the common open space for Fox Meade
Subdivision in Lee Magisterial District, and being further
identified as PINs 6889-94-9805, 6899-03-8862 and
6899-13-1316, for public parks purposes (Attachment
1). The property has an old farm pond located on
it.
The
Fauquier County Parks and Recreation Department has
indicated that it is interested in the acquisition of the
parcels for public park and trail purposes. A preliminary
engineering review indicated that the cost of constructing a
trail on the properties could exceed $80,000-$100,000, and
would involve grading, stormwater management work, and
movement of manholes, and possibly some poles for power
lines (Attachment 2).
Larry Miller, Parks and Recreation Director, indicated that,
not withstanding the comments by the engineer, the subject
properties do not contain “any issues that make this site
any different from most sites that are used for park land.”
Mr. Miller also states that the Parks and Recreation Board
remains committed to acquiring the properties (Attachment
3).
The present
owner of the properties, Trifam Systems, Inc., developed Fox
Meade Subdivision. At the time of the development, Trifam
failed to transfer the property to the Fox Meade Subdivision
Homeowners’ Association. Although a Homeowners’ Association
was called for in the subdivision’s covenants and
restrictions, it appears that it was never incorporated.
Because Trifam failed to transfer the property to a
Homeowners’ Association, taxes continue to accrue on the
property. At the present time, the delinquent real estate
tax balance is approximately $8,000. Trifam has offered to
either donate the property subject to the delinquent taxes
to Fauquier County or to sell the property to the County for
the cost of the delinquent taxes.
The
property has been the subject of some complaints by
neighbors that it is being used by persons as a place to run
their All Terrain Vehicles (ATVs) and motorcycles, which
results in noise and disturbance. The Zoning Administrator
indicated that she has not, at this time, cited Trifam, or
any other entity, for any zoning violations at this site.
Fauquier
County is currently assessing the properties for $72,000,
which includes a building lot on one of the parcels.
Because the property is common open space upon which a
dwelling cannot be built, the assessment is subject to
challenge. Al Henry, the County’s appraiser, has opined
that, due to its nature as open space, the properties have
little or no value on the open market to a private
purchaser.
Options
available to the Board of Supervisors include:
a)
Authorize the purchase of the property for an amount
equivalent to the delinquent taxes. If this option is
taken, Trifam’s tax liability will be discharged in exchange
for the transfer of the property to the County;
b)
Authorize the acceptance of a donation of the property to
the County. If this option is taken, Trifam would transfer
the property by deed of donation, and the County would
become the owner of the property. As delinquent real
property taxes run with the land upon taking ownership, the
County would own the property subject to the delinquent
taxes and Trifam would be released from its liability for
the taxes. The County would then “pay itself” for the
delinquent taxes, and the tax lien would be discharged;
c) Do
nothing. Under this option, the situation would remain the
same with the property continuing to be titled in Trifam’s
name, and the delinquent taxes would continue to accrue;
d) Sue
Trifam for the delinquency, and then sell the property to
collect on the judgment. Because the property may only be
used for open space, according to the County’s appraiser, it
has little or no value to the general public and, as such,
the County will most likely be the only bidder, which would
result in the County owning the property and the judgment
still not being fully satisfied.
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