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  County Attorney's Report     13. 2.    
BCC Regular Meeting Action  
Meeting Date: 02/15/2018  
Issue:    West Kingsfield Road and County Road 297-A Intersection Improvement Project
From: Alison Rogers
Department: County Attorney's Office  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the West Kingsfield Road and County Road 297-A Intersection Improvement Project.

That the Board proceed with the acquisition of property located at 305 West Kingsfield Road for the West Kingsfield Road and County Road 297-A intersection improvement project and accept the attached modified warranty deed from the sellers.
BACKGROUND:
On January 4, 2018, the Board approved the acquisition of real property at 305 West Kingsfield Road for a purchase price of $6,500. However, the title insurance commitment revealed that the property is encumbered by several large liens that the sellers are not able to satisfy.

If the County were to accept a deed from the sellers without requiring them to satisfy the liens, the County's interest could be subject to foreclosure. Should that happen, the County might have to pay more to protect its interest in the property or negotiate with the creditors to release their liens from the County's portion of the property.

The principal amount shown on the face of the liens are $18,618.22 and $131,589.36; the total amount necessary to satisfy the liens would likely be substantially more due to the accrued interest.

 
BUDGETARY IMPACT:
N/A
LEGAL CONSIDERATIONS/SIGN-OFF:
N/A
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
N/A

Attachments
Warranty Deed

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