Deed Modifications

Deed Modifications

Cooperative Management Area (CMA) Deed Modification Policy

The Board of County Commissioners adopted a policy permitting modification of the covenants, conditions and restrictions (CC&Rs) placed on eligible property previously conveyed in the CMA. The property’s location within the CMA boundary determines which of the “Incompatible Uses” in the original CC&Rs may be updated, if any, through a deed modification.

The policy pertains to qualifying property within the CMA boundary that was sold, transferred, or otherwise conveyed prior to 2014. Previously imposed restrictions may only be modified to permit uses now defined as “Compatible Uses” for a particular property.

Clark County is not obligated to remove any restrictions. Any deeds modified to update the CC&Rs are not intended to promise or guarantee that the proposed use will be allowed. Any CMA landowner obtaining a deed modification to update the CC&Rs must still apply for and obtain all land use, zoning, mapping and permit approvals as required by Clark County Code.

Incompatible Uses Available for Removal on Eligible Property
Outside AE-60
Within AE-60
Within AE-65 and greater
Residential (all forms), Transient lodging, Hotels, Motels, Inns, Lodges, Bed and Breakfasts, Churches, Hospitals, Care Centers, Nursing Homes, Schools, Auditoriums, Concert Halls, Amusement Parks, Outdoor Sports Arenas, Museums, Zoos, and Public Assembly Transient lodging and recreational vehicle parks (with less than 30 days stay), Resorts, Auditoriums, Concert Halls, Amusement Parks, Outdoor Sports Arenas, Museums, Zoos, and Public Assembly Public Assembly

For questions, please contact:

Real Property Management Department of Aviation
Ken Dickson SundayLee Cabrera
702-455-0199 702-261-3241
Kenneth.Dickson@clarkcountynv.gov realestate@mccarran.com








APPLICATION PROCESS

CMA landowners are encouraged to read the policy to understand the complete application process. There are two different application processes available, summarized as follows:

I. Process A – Deed Modification with Development Application

Process A applies to applicants with vacant or developed land in which a Development Application (any application required by Clark County Title 30 for the subdivision, use and/or development of land) is needed to develop it with the proposed use. The deed modification may be processed concurrently with the offsite and building permit or the map review processes.

  1. Once a CMA landowner is made aware, either through a direct inquiry to Department of Aviation or during the Development Application process, that a proposed use on the property requires a deed modification, then he or she will contact Real Property Management to begin the deed modification application process.

  2. To apply, applicants must submit a deed modification application to Real Property Management. Applicants may submit a single application for adjacent and/or contiguous parcels, as defined by Title 30 Chapter 30.08, which are under the same ownership. Separate applications are required for parcels that do not meet this criteria.

  3. Real Property Management will forward the deed modification application to Department of Aviation to determine the property’s eligibility for a deed modification. Department of Aviation will complete a CMA Deed Modification Eligibility Review Form to provide formal confirmation to applicant and Real Property Management that will include a summary of the changes to the Incompatible/Compatible uses that would occur with a deed modification for eligible property. For eligible property, the subject property taxes must be paid to date and remain current with the Clark County Assessor’s office until the deed modification application is processed to completion.

  4. For eligible property, the applicant will then submit the CMA Deed Modification Eligibility Review Form from Department of Aviation with its Development Application to Comprehensive Planning or Public Works.

  5. Comprehensive Planning will accept the Development Application with the required confirmation from Department of Aviation and schedule the item to be heard by the Board of County Commissioners. Department of Aviation will condition the approval to require a deed modification and payment of all related fees prior to the issuance of any permits or recordation of any maps related to the Development Application.

  6. Public Works will accept the Development Application for a minor subdivision parcel map with the required confirmation from Department of Aviation. Department of Aviation will condition the approval to require a deed modification and payment of all related fees prior to the recordation of any maps related to the Development Application.

  7. After receiving confirmation that the property is eligible for a deed modification, Real Property Management will hold processing the deed modification application until the Development Application is approved by the respective approval authority.

  8. After the applicant’s Development Application is approved, Real Property Management will move forward with the deed modification application. The applicant must submit the following items to complete the deed modification application submittal package for processing:
    1. The $15,000.00 application filing fee.
    2. Notice of Final Action when applicable.
    3. Proof of signing authority.
    4. Legal descriptions and/or surveys as required by staff.
    5. If the area (square footage/acres) of the property differs from when it was originally conveyed by Department of Aviation, then proof of dedication or vacation of public rights of way may be required by staff.

  9. The deed modification application will contain consent for and release of liability to appraisers and Clark County to access the subject property.

  10. Once all submittal requirements are met, Real Property Management will order a title report and the appraisal reports to determine the Deed Modification Fair Market Value. For the subject property, two appraisers will complete an independent appraisal. The average value of the two appraisals will be used to determine the Deed Modification Fair Market Value Fee of the subject property.

  11. Real Property Management will issue the applicant an invoice for the Deed Modification Fair Market Value Fee, copies of the appraisal reports and the new CC&Rs for signature. The appraisals must be prepared no more than six months before the date on which the fee is collected pursuant to NRS 244.2795(a), so the fee will have to be paid within six months of the earliest effective date of the two appraisal reports. The invoice will include the deadline to submit payment and the signed CC&Rs.

    1. Applicants will not have the right to challenge the appraisals used to determine the Deed Modification Fair Market Value.

    2. In the event the Deed Modification Fair Market Value Fee is not paid within the allotted time period, the application will expire. The applicant shall not be entitled to a refund of any of the related fees if the application is withdrawn by the applicant or the appraisals expire.

    3. Applicants shall not be entitled to a refund when the appraised value of the subject property in the “after condition” (as if the CC&Rs are updated) is equal or less than the appraised value of the subject property in the “before condition” (as if original CC&Rs remain in place). The applicant may proceed with the deed modification, but there will be no Deed Modification Fair Market Value Fee due.

  12. If the applicant decides to continue with the deed modification, the Deed Modification Fair Market Value Fee must be made payable to Department of Aviation, in the form of a certified check and/or a cashier’s check, and delivered to Real Property Management together with the signed CC&Rs by the deadline stated on the invoice.

  13. Real Property Management will record the deed modification to replace the original CC&Rs with the new CC&Rs, and provide copies of the recorded document to the applicant and other Clark County departments as required.

  14. Comprehensive Planning may provide final sign-off for grading permits, building permits and business license permits for the related Development Application.

  15. Public Works may provide final sign-off for offsite permits, early grading and grading permits, and final approvals for recordation of any maps for the related Development Application.

Permits will not be issued and maps will not be recorded until the deed modifications associated with the Development Applications have been processed and the new CC&Rs recorded.

II. Process B – Deed Modification without Development Application

Process B applies to applicants with vacant or developed property in which a Development Application is not needed to develop or incorporate the proposed use. Process B also applies to applicants with vacant land that do not have immediate plans to develop the property.

  1. Once a CMA landowner makes a determination to process a deed modification or is made aware that a proposed use on the property requires a deed modification, then he or she will contact Real Property Management to begin the deed modification application process.

  2. To apply, applicants must submit a deed modification application to Real Property Management. Applicants may submit a single application for adjacent and/or contiguous parcels, as defined by Title 30 Chapter 30.08, which are under the same ownership. Separate applications are required for parcels that do not meet this criteria.

  3. Real Property Management will forward the deed modification application to Department of Aviation to determine the property’s eligibility for a deed modification. Department of Aviation will complete a CMA Deed Modification Eligibility Review Form to provide formal confirmation to applicant and Real Property Management that will include a summary of the changes to the Incompatible/Compatible uses that would occur with a deed modification for eligible property. For eligible property, the subject property taxes must be paid to date and remain current with the Clark County Assessor’s office until the deed modification application is processed to completion.

  4. After receiving confirmation that the property is eligible for a deed modification and that the applicant wishes to proceed, Real Property Management will move forward with the deed modification application. The applicant must submit the following items to complete the deed modification application submittal package for processing:
    1. The $15,000.00 application filing fee.
    2. Proof of signing authority.
    3. Legal descriptions and/or surveys as required by staff.
    4. If the area (square footage/acres) of the property differs from when it was originally conveyed by Department of Aviation, then proof of dedication or vacation of public rights of way may be required by staff.

  5. The deed modification application will contain consent for and release of liability to appraisers and Clark County to access the subject property.

  6. Once all submittal requirements are met, Real Property Management will order a title report and the appraisal reports to determine the Deed Modification Fair Market Value. For the subject property, two appraisers will complete an independent appraisal. The average value of the two appraisals will be used to determine the Deed Modification Fair Market Value Fee of the subject property.

  7. Real Property Management will issue the applicant an invoice for the Deed Modification Fair Market Value Fee, copies of the appraisal reports and the new CC&Rs for signature. The appraisals must be prepared no more than six months before the date on which the fee is collected pursuant to NRS 244.2795(a), so the fee will have to be paid within six months of the earliest effective date of the two appraisal reports. The invoice will include the deadline to submit payment and the signed CC&Rs.

    1. Applicants will not have the right to challenge the appraisals used to determine the Deed Modification Fair Market Value.

    2. In the event the Deed Modification Fair Market Value Fee is not paid within the allotted time period, the application will expire. The applicant shall not be entitled to a refund of any of the related fees if the application is withdrawn by the applicant or the appraisals expire.

    3. Applicants shall not be entitled to a refund when the appraised value of the subject property in the “after condition” (as if the CC&Rs are updated) is equal or less than the appraised value of the subject property in the “before condition” (as if original CC&Rs remain in place). The applicant may proceed with the deed modification, but there will be no Deed Modification Fair Market Value Fee due.

  8. If the applicant decides to continue with the deed modification, the Deed Modification Fair Market Value Fee must be made payable to Department of Aviation, in the form of a certified check and/or a cashier’s check, and delivered to Real Property Management together with the signed CC&Rs by the deadline stated on the invoice.

  9. Real Property Management will record the deed modification to replace the original CC&Rs with the new CC&Rs, and provide copies of the recorded document to the applicant and other Clark County departments as required.

Process B-Deed Modification without Development Application is an option available for CMA landowners on an “at-risk” basis. A deed modification and the payment of the Deed Modification Fair Market Value Fee does not guarantee future Development Application approvals for the property. The County is not responsible nor liable for allowing deed modifications on property for which the required Development Application approvals are not able to be obtained.

Applicants shall not be entitled to a refund of any of the related fees if future Development Application approvals are not able to be obtained for the property.

DOCUMENTS

• CMA Deed Modification Policy
            Referenced Documents in Policy:
                • Manager’s Information Report Number 5561, dated November 30, 2011
                • Interim Cooperative Management Agreement, dated November 4, 1992
                • Southern Nevada Public Land Management Act of 1998, dated October 19, 1998
                • MOA between Clark County and Bureau of Land Management, dated October 5,2004
• CMA Deed Modification Application – Process A
• CMA Deed Modification Application – Process B
• CMA Deed Modification Eligibility Review Form
• CMA Map of Sold Deed Restricted Property with Noise Contours
• New CC&Rs Sample