City of Alexandria, Virginia
_____________
MEMORANDUM
DATE: MAY 5, 2021
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: MARK B. JINKS, CITY MANAGER /s/
DOCKET TITLE:
TITLE
Disposition of City-owned Property Located at 3002A Mosby Street.
BODY
ISSUE: Disposition of City-owned property located at 3002A Mosby Street.
RECOMMENDATION: That City Council:
(1) Declare City-owned property located at 3002A Mosby Street surplus property and authorize the City Manager to seek offers of bids as described in the City Real Estate Disposition Policy; and
(2) Authorize the City Manager to issue an Invitation to Bid (ITB) for the disposition and sale of City-owned property at 3002A Mosby Street for no less than thirty (30) days following the process detailed in the City Real Estate Disposition Policy.
BACKGROUND: The City-owned property at 3002A Mosby Street is a 2,137 square foot, triangle-shaped parcel (approx. 103’ x 45’ x 95’) located between 3002 Mosby Street to the east, 3009 Holly Street to the west and 2915 Holly Street to the South. The parcel is zoned R8 - Single Family, 8,000 square feet.
This property was previously owned by Frank N. Hume, surviving Trustee under the will of Emma P. Hume and was acquired by the City on April 23, 2014 at public auction for the sum of $1.00 via Special Commissioner’s Deed. The property became the subject of public auction as a result of unpaid real estate taxes assessed against the property for the tax years 1994 through 2011 in the amount of $1,987.60 with accrued penalties and interest in the amount of $1,291.99. Under the Code of Virginia §58.1-3965, the City may commence a tax sale process once the real estate taxes due on a property have been delinquent for three (3) years. Thirty (30) days following notification of the property owner of the intent to take action and notice was published in the newspaper that the property would be offered for sale, the City initiated proceedings to sell the property for the purpose of collecting the delinquent taxes. Being the highest bidder, at $1.00, the property was sold and conveyed to the City via Special Warranty Deed as there were no other interested buyers.
This City-owned parcel has not been declared surplus and no formal unsolicited offers for this property have been received. There was interest from the adjacent property owner at 3002 Mosby Street during the tax sale process in 2014, however this property owner made no formal offer to purchase the property.
DISCUSSION: A property is said to be “landlocked” when it does not have road frontage, an established easement, or recorded deed that describes how the property is to be accessed. This condition usually occurs when a parcel of land without road access is entirely surrounded by land owned by others which is the case with the City-owned property at 3002A Mosby Street.
The property (see attached plat), bounded by 3002 Mosby Street to the east, 3009 Holly Street to the west and 2915 Holly Street to the South, is landlocked with no road access or established easement and is entirely surrounded by land owned by others. Over the years the City has received several nuisance complaints regarding the property primarily regarding upkeep. In order to maintain the property, the adjacent landowners must grant the City permission to access the property. Currently the property is maintained by the Department of Recreation, Parks and Cultural Activities (RPCA) when possible.
Zoned R8 - Single Family, 8,000 sq. ft., permitted by right city uses of the City-owned parcel at 3002A Mosby Street include public park and public school. However, because of the landlocked condition restricting access to the parcel, Planning and Zoning staff cannot identify any uses that may be of interest to the City. In addition, it would be extremely difficult, if not impossible for a purchaser to develop anything on this lot because there is no public access and it does not meet the size requirement for development.
To use this parcel as a pocket park for community use, an easement would be required across one or more private properties and would require the removal of privately-owned fencing. To acquire the easement(s), either one or more of the adjacent landowners would have to agree to grant the City the easement(s) or the City would have to sue to acquire an easement. The easement(s) and the removal of the fencing would also be required to maintain the site and for inspections. In addition, a pocket park would result in public access and congregating at the rear of the adjacent private properties. If the City were to not sell the property, the parcel could be designated as a non-maintained natural area for open space conservation. However, the fact that this parcel is so difficult to maintain is the reason to consider other options for this property.
Therefore, although the City has not received any formal offers for the property staff recommend that the property be declared surplus. In addition, because the property is landlocked and not “independently developable” because the adjacent landowners would be the only entities having access to or capable of using the land, staff recommends soliciting offers from the adjacent land owners for a period of thirty (30) days for the purchase of the property through an Invitation to Bid (ITB) process as determined by the City’s Real Estate Disposition Policy in which the bids would be evaluated solely on the basis of the price and relevant terms not related to price as stated in the bid.
If the ITB is authorized and subsequently issued for a period of 30 days, the next steps would be to evaluate the bids and seek Council authorization to execute a sales contract contingent on review by the Planning Commission pursuant to Section 9.06 of the City Charter, and passage of an ordinance to sell City property with a three-fourths majority vote (i.e., six (6) members of Council).
FISCAL IMPACT: Staff will present to Council the highest bid received during the Invitation to Bid (ITB) process per the City’s Real Estate Disposition Policy and pursuant to Section 9.06 of the City Charter for consideration. Revenue from the sale of this City-owned property will be allocated to the City’s Capital Improvement Program (CIP) as prescribed in the City’s Real Estate Disposition Policy.
ATTACHMENT: Aerial of Parcel at 3002A Mosby Street
STAFF:
Laura Triggs Deputy City Manager
Joanna Anderson, City Attorney
Jeremy McPike, Director, Department of General Services
Alfred Coleman, Deputy Director, Department of General Services