Hannes Zacharias, County Manager

Briefing Sheet

To: Board of County Commissioners Hannes Zacharias, County Manager From: Robert Ford, Legal Department Date: February 4, 2016

Issue: Hold a public hearing on February 18 to consider the public sale of a buildable lot in Olathe previously acquired by the County at a tax foreclosure sale.

Background: In 2012 the County acquired Lot 54, THE NEW VILLAGE AT PRAIRIE HAVEN, 1st Plat, a subdivision in Olathe (“Lot 54”) at a tax sale. Although most often these tax foreclosure properties are unmarketable remnants, this is a buildable lot and several individuals have expressed an interest acquiring it. A County AIMS map is attached.

Analysis: Because the Lot is marketable, the County’s surplus property policy requires a public sale. In the past, properties of this type have been sold at a public auction after satisfying the County’s publication and advertising requirements. It is contemplated that a minimum bid will be not less than the amount of unpaid delinquent property taxes which is about $8000. The tentative sale date is March 25 and will occur at Lot 54. The Board will have the opportunity to approve the sale after bidding is complete. If an acceptable bid is not received, the proposed Resolution allows the County Manager to sell the property by negotiated sale, a procedure that has been used in the past when the minimum bid was not met.

Alternatives: The Board routinely approves the sale of County surplus property but always has the option of retaining Lot 54 if some public use for it is identified or if no acceptable bid is received.

Legal Review: The Legal Department prepared the resolution and arranged for publication of a notice of the hearing. If a sale occurs, the transferring quit-claim deed will be prepared by the Legal Department.

Funding Review: N/A

Recommendation: It is recommended that the Board approve Resolution 010-16 which authorizes the sale of Lot 54.

Proposed Motion: I move the Board adopt Resolution No. 10-16 declaring Lot 54 as described in the Resolution as surplus property and authorizing its sale.