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CASE <br /> <br />ISSUES RELATING TO OUTLOT B, <br />COUNTRYSIDE ESTATES <br /> <br />BY: William K. Goodrich, city Attorney <br /> <br />~ACKGROUND: <br /> <br />Countryside Estates was platted and accepted by the then Township <br />of Ramsey in 1972. The dedication language of the plat states in <br />part as follows: <br /> <br />Also dedicating to the public for the public <br />use forever for park and recreation purposes <br />Outlots B, C, D, E, and F, as shown on this <br />plat. <br /> <br />Attached for your information is a copy of a part. of the Plat <br />showing Outlot B. Unfortunately, the actual plat when recorded did <br />not show any of the outlots as parks, only as outlots. This <br />resulted in the problem as follows: <br /> <br />The developer of the plat was First Guaranty Corporation, Arthur <br />K. Raudio, President, and Joseph E. Campion, Secretary. Subsequent <br />to the platting, First Guaranty Corporation apparently ignored the <br />fact that it -had dedicated the lot to the City as park and <br />proceeded to act as if it owned the lot by mortgaging it, amongst <br />other things. Anoka County did not recognize the lot as a park as <br />it was taxing this lot and eventually took it back because of <br />property tax forfeiture. At some point in time, Central Investment <br />Company became involved with the property and attempted to redeem <br />it from Anoka County. The City did not recognize the property as <br />park land either as the City participated in the tax redemption <br />process and agreed to split the lot with Central Investment <br />Company. The City kept the south half of the lot for drainage <br />purposes and the north half was redeemed by Central Investment <br />Company. Central Investment Company then sold the north half to <br />Chateau Construction Company owned by Dick Carson who then obtained <br />a building permit from the city and constructed a home on the north <br />half. Chauteau's title company did not discover the park either <br />and, issued a title policy insuring title for the homeowner. <br /> <br />'i~u 1989, the City Council recognized the problem and received <br />coi~ment from several Countryside Estate residents. The residents' <br />main concern was the loss of park area for their youngsters. In <br />response to this, the City purchased a three acre tract in the <br />adjacent Windsorwood Plat to be used as a park. This is Lot 9, <br />Block 2, WINDSORWOOD. I do not believe that to date any park <br />improvements have been made to this lot. <br /> <br />Wright Title Company in Elk River issued the title policy to <br />Chateau Construction. Wright Title is therefore most interested <br />in cleaning up the title problems relating to this lot. Mayor <br /> <br /> <br />