ARLINGTON COUNTY, VIRGINIA

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January 3, 2017 DATE: December 28, 2016 SUBJECT: Agreement of Sale for 2400 Shirlington Road, RPC # C. M. RECOMMENDATION: 1. Approve the attached Agreement of Sale between Charles A. Gavin, Special Commissioner ( Seller ), on behalf of Leslie J. Engelking, Sr. and Leslie J. Engelking, Jr. ( Owners ) and the County Board of Arlington County, Virginia, a body corporate ( Purchaser ) for the purchase of real property and improvements known as 2400 Shirlington Road, RPC # ( Property ). 2. Authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to execute the Agreement of Sale and all related documents necessary for the acquisition of the Property, subject to approval as to form of all documents by the County Attorney. ISSUES: There are no issues associated with the Agreement of Sale. SUMMARY: The attached Agreement of Sale for the Property is an offer from the Seller to sell, to the County Board, in fee simple, the real property and improvements known as 2400 Shirlington Road for a purchase price of $803, The Property is the last of the three properties identified by the County for the location of the Nauck Town Square ( NTS ). The County already has purchased the other two properties identified for the planned NTS. BACKGROUND: In , the County identified three properties for the location of the NTS. The County has purchased two of the properties so identified. The Property, which is the third and final property identified for the location of the NTS, is owned by Leslie J. Engelking, Sr. and Leslie J. Engelking, Jr. (a father and son), as tenants in common. It is the location of a plumbing business, currently run by Mr. Engelking, Sr. In September 2016, Mr. Engelking, Sr. filed a Partition Suit in the Arlington County Circuit Court seeking appointment of a Special Commissioner to sell the Property. The Court appointed Charles Gavin, Esq. as the Special Commissioner and approved the attached Agreement of Sale for the sale of the Property for a County Manager: ##### County Attorney: ***** Staff: Linda Eichelbaum Collier, Real Estate Bureau, DES

2 purchase price of $803,000.00, subject to County Board approval, and final confirmation of the Agreement of Sale by the Court after such County Board approval (See attached Court Order entered December 16, 2016). DISCUSSION: The Property is the third and final property identified for the location of the NTS. The proposed Agreement of Sale has been executed by the Seller, the Special Commissioner appointed by the Court, and is before the County Board for approval. Once the Board approves the Agreement of Sale, it will be ratified by the Court. The Property is owned by Leslie J. Engelking, Sr. and Leslie J. Engelking, Jr. (known of record as Leslie J. Engleking, Jr. and Leslie J. Engleking, Sr.), as tenants in common, by virtue of a Deed of Bargain and Sale recorded in the Arlington County Circuit Court Land Records in Deed Book 2699 at Page 834. As reflected in the Agreement of Sale, the proposed purchase price for the Property is $803, This price is consistent with an appraisal of the Property performed in August 2016 by an independent appraiser licensed by the Commonwealth of Virgnia. FISCAL IMPACT: Funds for the acquisition of the Property are available from Commercial Revitalization program balances ( CR) originating from the 2004 Community Conservation General Obligation Bond issuance

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16 Vicinity Map Engleking Property RPC # TH ST S SHIRLINGTON RD S KENMORE ST 24TH RD S Ü 0 50 Feet Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate Map prepared by Arlington County GIS Mapping Center Produced and September November 2016

17 Vicinity Map Engleking Property RPC # TS 24TH S L SHIR N RD INGTO S K ENMORE ST 0 50 Feet Ü Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate Map prepared by Arlington County GIS Mapping Center Produced and November September TH RD S

18 S GARFIELD ST Vicinity Map Engleking Property RPC # RD ST S 24TH ST S SHIRLINGTON RD S KE NMORE ST 24TH RD S S KENWOOD ST Ü Feet Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate Map prepared by Arlington County GIS Mapping Center Produced and September November TH ST S

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