Agenda - Council - 12/22/1987 - Laserfiche WebLink

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10 Minutes CASE ISSUES KELATING TO 0UTLOT B, COUNTRYSIDE ESTATES By: Bill Goodrich, City Attorney Lackground: Countryside Estates was platted and accepted by the then Township of Ramsey in Jg.,. The ~ec.~c~,,.ion ..zuguage of the [ia~ · states in part as follows: "Also dedicating to the public for the public use forever for park recreation purposes Outlcts B, C, D, E, and E, as ~hown on this plat." Unfortunately, the actual plat of the map does not show any of the outlots as park, only as outlots. .... ~. ~ ~, '' "~ Arthur K. Baudio, Thc, dcve,]cpcr ~f '~',~ ~at w~ t'irst Guaranty ~o~ora~Acn, ~"~. President, and Mr. Joseph E. Campion, Secretary. Subsequent to the platting, First Guaranty Corporationap,,,',~...en~ly~ ignored the fact that they had dedicated the lot to the City at, park and proceeded to act as if it owned the ]ot by mortgaging it amongst other things. Anoka County did not recognize the lot as a park as it was taxing this lot and eventually took it back because of property tax forfeiture. At some point in time, Central Investment Company became involved with the property and attempted to redeem it.from Anoka County. The City did not recognize the property as park land either as the City participated in the tax redemption process and agreed to split the lot with Central Investment Company. The City kept a portion of the lot for drainage purposes and the balance was redeemed by Central Investment Company. Central Investment Company then sold the lot to Chateau Construction Company owned by Hr. Dick Carson vBo has now constructed a home on the property. Mr. Carson's title company ~id not discover tbe park issue, and therefore z!lewed t~e home to be built. There is now a home on the ~reperty and I believe a closing on that property was held on December 15, 1987. The best that could be said is that there has been a series of errors made by several pecple. The only way to resc!ve the issue at this point weu!d be for the City to undertake a vacation proceedings to ~,'acate a ~orticn cf the Ici on which t!e home has leon constructed. Recommendation: Council Action: Motic. n to: Direct City Staff to prepare the appropriate legal documents necessary to commence a vacation proceedings cf the following described property: The North 320 feet as measured 't ~ '~ ^ ~ + = r~gn~ angles cf ou~o~ ~, Countryside Estates, Anoka County. kt~orney Engineer Co~nnunitv - ~ · Dex, e~opmen~ Director Chief of Police Finance Officer Public ~crks Superintendent Other