Title
RESOLUTION ACCEPTING DEED FROM AVANT-GARDE, INC. FOR LAND IN THE CHESTER PARK NEIGHBORHOOD.
Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to accept a deed for certain real property from Avant-Garde, Inc., legally described below (the “Property”):
All of LAKEVIEW DIVISION FIRST ADDITION, EXCEPT Block 1 and Block 2, EXCEPT all minerals and mineral rights.
FURTHER RESOLVED, that the proper city officials are hereby authorized to execute all documents necessary to accept the deed for the Property from Avant-Garde, Inc.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to authorize and accept a deed from Avant-Garde, Inc. for certain real property located adjacent to Chester Park (the “Property”).
The Property was dedicated to the public in the plat of LAKEVIEW DIVISION FIRST ADDITION, but has been subject to litigation over the years due to disputes over the public’s interests and Avant-Garde, Inc.’s right to use the property. Due to the dedication in the plat, the City owns the Property in trust for the benefit of the public for the purposes dedicated in the plat. The acceptance of the deed allows the City to obtain a Torrens Certificate of Title in the name of the City without further litigation. The result will be record title in the City in fee simple, subject to the public’s right to use the Property for the purposes dedicated in the plat of LAKEVIEW DIVISION FIRST ADDITION.
The City previously accepted a deed conveying the Property under Resolution No. 03-0660, however the resolution and deed listed the wrong grantors. The City appreciates Avant-Garde, Inc.’s and George and Jane Hovland’s efforts to clean up this long-standing title issue.