Foreclosure won’t affect dedication
September 9, 2010
A little more than 30 acres of dedicated open space near the Martin Slough will remain open in the future despite foreclosure on the parcel and surrounding parcels tied to the Ranch at Gardnerville subdivision, according to town counsel.
A public auction for roughly 84 acres owned by the Ranch at Gardnerville 1, LLC, is scheduled for Sept. 22, which includes 30.83 acres dedicated as open space.
Town attorney Steve Handelin said the dedication agreement between the developer and the Town of Gardnerville, dated Dec. 12, 2007, never set forth the land as the town’s property.
However, he said the open space easement is binding and would transfer to any new owner.
“Whoever buys it is subject to that dedication,” he said.
Handelin said any change in the agreement would have to be approved by the town board.
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“I’m almost certain that it (the land) was dedicated to the town,” said board member Mike Philips.
“It’s probably another one that fell through the cracks,” added Chairman Tom Cook.
According to a notice of trustee’s sale, the beneficiary of the foreclosure, Nevada State Bank, is owed $8,014,477.52.
Ranch at Gardnerville, LLC, without the numeral at the end of its name, owns another 113.28 acres in the vicinity, according to the Douglas County Assessor’s Web site.
The property was originally part of the Anker-Park subdivision, which called for 633 homes on 201 acres.