MEMO. Hon. Carter Borden, Chair Gloucester County Board of Supervisors. Brenda G. Garton County Administrator. HMA Grants Coordinator

Transcription

1 COMMONWEALTH OF VIRGINIA County of Gloucester FEMA Hazard Mitigation Program 6504 Main Street, P.O. Box 329 Gloucester, Virginia Office: Cell: Fax: Michael Paul Dodson Hazard Mitigation Assistance Grants Coordinator MEMO TO: THRU: FROM: Hon. Carter Borden, Chair Gloucester County Board of Supervisors Brenda G. Garton County Administrator Michael Paul Dodson, HMA Grants Coordinator DATE: August 31, 2012 RE: Resolution to Purchase Real Property FEMA Mitigation Grant Luke A. Shanks Maryus Road Enclosed for the Board s consideration at the October 2 nd meeting is a resolution approving the purchase of the Luke A. Shanks property, Tax Map # (10346 Maryus Road), through the FEMA Mitigation Grant Program. Copies of the draft purchase offer and the statement of determination of compensation sheet have been enclosed with this memo. If you have any questions or wish to discuss this further, please give me a call.

2 County of Gloucester County Administrator 6467 Main Street P. O. Box 329 Gloucester, Virginia (804) September 26, 2012 Mr. Luke A. Shanks Maryus Road Hayes VA RE: Offer to Sell Real Property Maryus Road (Tax Map Parcel ) Dear Mr. Shanks: Gloucester County would like to enter into negotiations with you for the purchase of your property located at Maryus Road in Hayes Virginia, as part of the County s Hazard Mitigation Grant property acquisition project. If you choose to sell your property, title to your property will be transferred to the County of Gloucester. The County will purchase your property only if you voluntarily agree to the purchase. The County will not exercise its powers of eminent domain to acquire your property, nor will it dissuade you from withdrawing from the program if that is your ultimate decision. Michael Paul Dodson, FEMA Hazard Mitigation Coordinator, has been authorized to represent the County of Gloucester in negotiations. He will ensure you understand your rights and options under this acquisition program. Please review the enclosed Statement Of Determination Of Compensation, which estimates the fair market value of your property in accordance with established policies and procedures, and an Offer to Sell Real Property and Statement of Voluntary Participation, which is a legal offer from you to Gloucester County to sell your property. The following options are available to you: 1. Make an offer to sell your property for the amount stated in the above-referenced documents. If you choose to sell your property for the amount stated in the above-referenced documents, please sign and return the enclosed copies of the Offer to Sell Real Property as soon as possible, but no later than Wednesday, October 31, Once two copies have been executed, an original executed copy will be returned to you. Then, upon completion of a title examination, we will proceed with closing. 2. Reject this invitation to make an Offer to Sell Real Property. If you choose to reject this invitation and terminate negotiations, please notify Mr. Dodson of your decision in writing as soon as possible, but no later than Wednesday, October 31, Upon receipt of your letter of intent to reject the Offer to Sell Real Property, the County of Gloucester will cease its pursuit to acquire your property for inclusion in this property acquisition project. 3. Contest the amount stated in the Offer To Sell Real Property. If you disagree with the amount stated in the Offer To Sell Real Property, but want to continue negotiations, you may retain, at

3 your own expense, a qualified appraiser acceptable to the County of Gloucester to perform a second appraisal. If you choose to have a second appraisal conducted, please: a) Notify Mr. Dodson in writing as soon as possible, but no later than Wednesday, October 31, b) Forward the second appraisal once it is completed to Mr. Dodson. In turn, Mr. Dodson will forward the second appraisal on to the County. Upon receipt of the second appraisal, the County will accept, reject, or modify the estimated fair market value and Mr. Dodson will notify you regarding the County s decision. If applicable, Mr. Dodson will revise the Offer to Sell Real Property and the Statement of Determination of Compensation, and mail the revised forms to you. You may then choose to either execute one of the Offer(s) to Sell Real Property (the original or amended) and return it to Mr. Dodson, or terminate negotiations. If you terminate negotiations, Gloucester County will not pursue acquisition of your property any further. Representatives of the County of Gloucester know you are facing an important, life-changing decision and will assist you in any way possible. If you have any concerns or questions, please call Michael Dodson at (804) between the hours of 8:00 and 4:30 Tuesdays through Thursdays. Yours truly, Brenda G. Garton County Administrator Enclosures: Statement of Determination of Compensation Offer to Sell Real Property/ Statement of Voluntary Participation

4 OFFER TO SELL REAL PROPERTY & STATEMENT OF VOLUNTARY PARTICIPATION THIS AGREEMENT is made and entered into this day of September, 2012, by and between GLOUCESTER COUNTY, hereinafter referred to as Subgrantee, by its authorized agent, MICHAEL PAUL DODSON, and LUKE A. SHANKS, hereinafter referred to as Seller. The parties agree as follows: 1. Subgrantee, acting under a subgrant from the VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT, hereinafter referred as Grantee, desires to purchase certain properties as a means of mitigating the risks of natural disasters. 2. Subgrantee has notified Seller that the Subgrantee may wish to purchase Property and, If Seller agrees to sell, Seller must permanently relocate from Property. 3. Seller hereby affirms that seller owns Property located at: MARYUS ROAD and further described as: TAX MAP PARCEL , together with all improvements on and appurtenances belonging to the property hereinafter referred to as Property, which is among properties Subgrantee desires to purchase. 4. Seller represents that the: a) Property has been damaged by natural disaster; b) Seller qualifies for the assistance granted; c) Seller understands that there is no obligation to sell Property; d) Seller chooses to voluntarily sell Property to Subgrantee. 5. Subgrantee has notified Seller that Seller is not required to sell Property and that Subgrantee will not use its power of eminent domain for the purpose of this acquisition project to acquire Property if Seller chooses not to sell it. 6. Subgrantee has notified Seller that if Seller agrees to sell Property to Subgrantee, such a Transaction is voluntary. Consequently, Seller is NOT entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, benefits available to property owners who must sell their properties involuntarily. This Provision applies to the FEMA Hazard Mitigation Grant Program and does NOT preclude qualification for additional state funds. 7. Subgrantee affirms that it has provided the notifications and explained the information described in the preceding paragraphs, and Property identified above is not a part of an intended, planned, or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits. 8. Seller agrees that FEMA Hazard Mitigation Grant Program funds being used for the purchase of Property cannot and will not duplicate benefits received from other sources of funds. SELLER WILL RETURN ANY DISASTER AID MONEY RECEIVED IF ANY SUCH MONEY RESULTS IN A DUPLICATION OF BENEFITS. Seller affirms that all insurance receipts were applied toward the restoration of said property.

5 9. The Seller is responsible, under the terms of the grant and the guidelines of the program, for covering five (5%) percent of the costs of each project. The grant covers ninety five (95%) of the acquisition price and all closing costs. The five (5%) percent costs on this property that is the responsibility of the owner(s) is set at six thousand seven hundred seventy two dollars and seventy-five cents ($6,772.75) for this property. 10. Subgrantee shall pay Seller the sum of one hundred sixteen thousand two hundred twenty seven dollars and twenty-five cents ($116,227.25) for Property (compensation value minus owner obligated costs), payable at settlement after the acceptances of this Agreement and preliminary approval of Seller s title, provided Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in Fee Simple, clear of all liens and encumbrances, subject to the availability of funds from the FEMA Hazard Mitigation Grant Program. 11. All taxes, assessments, interest, rent, etc, will be pro-rated between Seller and Sub grantee as of the date of settlement. Any fuel oil, propane or like material is to be removed from the Property by Seller prior to closing. Proceeds from the sale of the property, after being adjusted for prorated items and settlement costs, shall first be applied to all liens on the Property, including any real estate taxes that are due and payable to the date of settlement, and the balance shall be paid to Seller. Seller agrees to pay the cost of deed preparation, any recordation tax applicable to grantors, Seller s legal expenses, and any other document preparation, recording, or release charges that are customarily the responsibility of the Seller. 12. Risk of Loss The risk of loss or damage to the Property by fire or other casualty is assumed by the Seller until recordation of the deed of conveyance. 13. Seller shall execute all necessary documents to transfer Fee Simple title to Property to Sub-grantee, and any and all documents, now and in the future, required by Subgrantee, Grantee, or FEMA to complete this transaction and comply with local, State, or Federal regulations. 14. Seller shall not remove any property considered a portion of the real estate without first notifying Sub grantee in writing and providing written appraisals of any such property. Final value of the property will be determined by Sub grantee and negotiated prior to removal. The value, as finally determined, will be deducted from the purchase price or repaid by Seller within ten (10) days after removal, as appropriate. 15. Seller hereby authorizes access to the property for Sub grantee and/or Contractors for the inspection of hazardous materials and other inspectable items necessary for the demolition and removal of the structure. 16. Seller represents and warrants that (i) the Property has never been used as a landfill, nor has the Property been used for the burying or placement of any hazardous or toxic wastes as such terms may be defined according to applicable regulations of federal, state, or local governmental agencies, and that in the event

6 debris or hazardous or toxic wastes are discovered on the Property, Seller will pay for all removal and cleanup costs; and (ii) no owners or occupants of the Property have received any notice from any governmental or private entity with regard to hazardous materials. A breach of this warranty shall immediately void this contract. 17. Unless otherwise agreed to in writing by the Sub grantee, the Seller agrees to remove all personal property, including debris, from the Property prior to closing to include fuel oil, propane tanks, abandoned vehicles, and any hazardous materials or deposits. 18. Settlement will occur on or before sixty (60) days after the date both parties sign this Contract, assuming all contingencies have been satisfied and all the terms and conditions of this Contract have been fulfilled. In event of defects or objections to the title, Seller shall have a reasonable time in which to clear the title at Seller s expense. The date for settlement shall be extended by the amount of time required by Seller to correct any defects. If the items complained of are not corrected by Seller within ninety (90) days from the date the title objections are made in writing to the Seller, then this Agreement, at the option of Sub grantee, shall become null and void unless Sub grantee is willing to accept such title as Seller is able to deliver. It shall be the responsibility of the Seller to obtain any partial or full release or other documents necessary to convey good and marketable property free and clear of any liens or encumbrances. Except as set forth in this paragraph regarding the correction of title defects, this Agreement shall expire one hundred twenty days (120) after its date if closing has not occurred, unless both parties agree in writing to an extension before such date. Seller acknowledges that he/she/they has/have reviewed this Agreement and has/have had an opportunity, at his/her/their discretion, to contact an attorney of his/her/their choice to review this Agreement. Seller also acknowledges that it enters into this Agreement fully understanding the nature thereof, and saves and holds harmless Subgrantee as a result of this Agreement or anything incident to the sale of the referenced real property. THIS AGREEMENT is binding on the heirs, executors, successors, and assigns of both parties. (SEAL) Luke Shanks, Seller Date (SEAL) Michael Paul Dodson, Sub grantee Authorized Agent Date Witness

7 GLOUCESTER COUNTY STATEMENT OF DETERMINATION OF COMPENSATION HMGP # VA ) Property Location Maryus Road, Parcel # Hayes, Virginia ) Owner(s) of Record Mr. Luke A. Shanks 3) Interest to be Acquired FEE SIMPLE 4) 5) 6) Improvements A single-family home containing 701 square feet of living space. Interior consists of five (5) rooms including two (2) bedrooms and one (1) bath. Exterior is vinyl siding over wood clapboard. The lot size was estimated to be 0.51 acres. Amount of Compensation The estimated fair market value of this property is determined to be $123, Description of Appraisal Technique The amount of compensation disregards any increase in the fair market value of the property caused by the project. If appropriate, the amount of compensation is based upon an appraisal that utilized the sale comparison approach for studying the property in light of its own characteristics and location in relation to the sales of other similar sites in the same general area. The following definition of market value was used: The amount of cash, or on terms reasonably equivalent to cash, for which in all probability the property would be sold by a knowledgeable owner willing but not obligated to sell to a knowledgeable purchaser who desired but is not obligated to buy. This property was studied considering its highest and best use, which is for single family residential use. Signature Michael Paul Dodson FEMA/Hazard Mitigation Coordinator title Date

8 OWNER 5% CALCULATIONS PROPERTY OWNER: Luke Shanks Maryus Road Project Cost 1 Pre-Award Elevation Certificate $ Appraisal $ Appraisal Review $ Survey/Environmental Review $ 2, Title Search $ Closing Costs/Deed Preparation $ 1, Acquisition Costs $ 123, Utility Disconnection $ Demolition/Asbestos $ 4, Construction Management - County Permit Plan Review, Inspection Costs, and Site Visits $ 2, TOTAL COST OF PROJECT $ 135, OWNER 5% OF GRANT COSTS $ 6, OWNER PAYMENT (EST.) $ 116,227.25

9 AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, OCTOBER 2, 2012, AT 7:00 P.M., IN THE COLONIAL COURTHOUSE, 6504 MAIN STREET GLOUCESTER, VIRGINIA: ON A MOTION MADE BY AND SECONDED BY THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE: Carter M. Borden, ; Ashley C. Chriscoe, ; Christopher A. Hutson, ; Andrew James, Jr., ; John H. Northstein, ; Robert J. Orth, ; Louise D. Theberge, ; A RESOLUTION APPROVING THE ACQUISITION OF REAL PROPERTY KNOWN AS MARYUS ROAD (TAX PARCEL # ) WHEREAS, the Gloucester County Board of Supervisors has been advised by its staff that a certain property general described as Maryus Road (Tax Parcel #53-325), is available to purchase through the FEMA Hazard Mitigation Grant DR ; and WHEREAS, the Gloucester County Board of Supervisors feels that this is a purchase that should be made at this time; and WHEREAS, the Gloucester County Board of Supervisors has reviewed the purchase contract and is satisfied with its provisions. NOW, THEREFORE BE IT RESOLVED this the 2nd day of October, 2012, by the Gloucester County Board of Supervisors that the purchase of the property currently owned by Luke A. Shanks, generally known as Maryus Road, Gloucester, Virginia, and shown on the Gloucester County Tax Map as tax parcel , for the purchase price of $123,000 is hereby approved; and BE IT FURTHER RESOLVED by the Gloucester County Board of Supervisors that the County Administrator and the County Attorney are hereby authorized to take all actions necessary to complete this transaction as soon as practical; and BE IT FURTHER RESOLVED that $128, is hereby appropriated from the FEMA Mitigation Grant funds in the Capital Budget for the fiscal year beginning July 1, 2012, and is dedicated to the purchase price and necessary closing costs associated with the acquisition of this property. A Copy Teste: Brenda G. Garton, County Administrator