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<br /> , <br /> ..--~..- ..~~-~._------~.__._-_._---_._~ - <br /> . Thomas Ryan Mulcahy <br /> 3530 Siems Court + Arden Hills, H,',J 55112-3671 + 612-633-608"'- <br /> January 19, 1998 <br /> Councilmember Dale Hicks <br /> 3590 Snelling Avenue North <br /> Arden Hills MN 55112 <br /> Citv Park Land In Kenna Addition <br /> Dear Dale: <br /> At your request I have reviewed the enclosed three pages of correspondence and <br /> survey relating to the title to the parcel between Old Snelling and Ridgewood Road. <br /> I am pleased to offer my comments, but, as you know, my law practice never included a <br /> . specialty in property law and my retired status has not served to add any qualifications, I <br /> bring only a general and personal experience to these comments, <br /> My experience with "clouded" titles ta..real property suggests that problem parcels <br /> (Filla's letter of 2/13/95 described just some of the problems) cannot be sold, mortgaged <br /> or obtain title insurance. Therefore, such properties are "not marketable" unless all the <br /> adverse interests are "cleared," In the old days one had to get deeds from all these <br /> interests -- or their heirs -- and then produce an attorney's opinion on the title. Of <br /> course, the buyer's attorney did not have to accept the opinion. And on and on. <br /> The solution is a Registered Land Proceeding (or TDrrens Title.) In effect this is a <br /> lawsuit in which every possible claimant is served a summons to come forward or be <br /> barred. The County Examiner of Titles supervises this activity and when you are finally <br /> done (maybe a year depending on the Examiner's case load), you have a court order <br /> directing the issuance of a Certificate of Title, I was part of a similar case in 1977 and it <br /> cost about $1,500. <br /> You need an experienced real estate attorney (and he needs a good paralegal) to do it. <br /> The work is not rocket science, but it can get over budget very easily, I suggest a fixed <br /> price bid from a couple of attorneys, I would expect bids in the $2,000 range, <br /> Dale, I don't think a purchaser would touch the property unless it was registered land, <br /> Maybe I'm wrong and some aggressive developer would take the title clearing on <br /> . himself and bear the uncertainties and expense, But I think it's better City strategy to <br /> offer a clean title so we can get market value for the parcel. <br /> e-mail address: THulc@aol.cam <br />