Agenda 02/24/2004 - Laserfiche WebLink

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MEMORANDUM TO: FROM: DATE: Mr. Wayne Knox, Martinsville Dept. of Community Development Hon. Ruth Krauss, Commissioner of Revenue, Hon. Mayor Teague and Members of Council Eric Helms Monday, City Attorney Abandonment of alleyway and waiver of payment February 6, 2004 The Planning Commission has approved a request from J & R Management, Inc. to abandon an alley located on the property at 762 E. Church Street, as abandonment is necessary for future development plans. Survey maps indicate this is a "paper" alleyway passing through an existing building. It has never been used. J & R Management, Inc. owns ail the adjacent property bordering this aileyway, on which the CVS Pharmacy and several smaller businesses are currently located. According to the records of the City Assessor, the value of this 12-foot by 280-foot alley space is $4,267.50. As is City policy, condition of abandonment by the City would be payment of this property value and recordation of a survey combining these properties. Mr. J. R. Vaughn of J & R Management has stated that prior to the present survey they were unaware of the presence of this alley, and was uncertain as to whether he had already been paying taxes on it. My discussions with the Commissioner of Revenue indicate that the title is unclear as to whether the alley was ever formally accepted for public use. Further, the new tax maps now employed by the City indicate less area than before upon which tax is being paid, and it is uncertain whether the discrepancy is for the alley or for a past expansion of Church Street. It thus cannot be conclusively determined whether (1) the alley was ever accepted for public use or (2) whether the taxpayer has already been paying taxes on the alley. In light of this uncertainty, I am of the opinion that Abandonment be approved by Council. The City waive its policy of requiring payment for the assessed value of the property to be abandoned. Once the alley is abandoned, the new survey recorded, and the alley formally a part ofJ & R Management's property, the City can be assured it is being properly taxed.