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Gifford Gardens Update <br />January 30, 2020 <br />P a g e 14 <br />redeem the tax certificates, the County would have title to the Property. County Attorney's <br />office has ordered a title search of the Property to determine the existence or status of <br />other liens on the Property. The County, as owner, could place deed restrictions on the <br />Property to make sure its use is reserved,for affordable housing. These restrictions would <br />be binding on future owners. If the County would decide to foreclose on its lien(s), there <br />are the costs of litigation to consider. The filing fee for the lawsuit is $905.00. In order to <br />clear title, it would be recommended to name the previous owners listed in the chain of <br />title above as defendants to the foreclosure suit. Most of the previous owners are <br />dissolved limited liability companies so their directors would have to be found and served. <br />If the previous owners are deceased, their heirs would have to be located and named as <br />defendants. The search and service for the additional defendants could cost between <br />$2,500 and $4,000. A second problem with a foreclosure is that the County could <br />prosecute the case and have the Property auctioned for sale only to have a 3rd party <br />purchase the Property at the auction. The third party purchaser may have plans for the <br />Property other than affordable housing or hold the Property as an investment for the future <br />and the County would not be able to control the future use of the Property. <br />A copy of the sketch of the Gifford Gardens parent parcel is attached to this <br />memorandum. <br />Funding: Funding will be provided via budget amendment from General Fund/Cash <br />Forward Oct 1St <br />Recommendation: Staff recommends that an arm's length negotiation to purchase <br />the Property be initiated with Mr. Green, the current owner of the Property and present <br />the Board with a contract for purchase and sale. If a contract cannot be negotiated, <br />the Board hereby authorizes the County Attorney's Office to file a foreclosure suit <br />against the current and former owners and keep the Board apprised of the suit's <br />progress. <br />Attachments <br />1. Order Conditionally Setting Fine <br />2. Property Maintenance Lien <br />3. Order Imposing Fine <br />4. 2019 TRIM Notice <br />5. QuitClaim Deed <br />6. Tax Deed <br />7. Release of Mortgage <br />8. Utilities Department History for Property <br />a -O <br />