05.19.08
Replat of Public Park – who owns it?
Betty from the DOT called today, asking about the widening of a road. As I understand it, the area next to the existing road that they want to widen was originally dedicated to the City for a Public Park on an 1880’s plat. More recently, there was a replat (i.e. a new plat filed on top of the old plat) by some individuals, but no vacation of the 1880’s plat shows of record. Question is – does the City still own the Parkland?
Although I am not an attorney, (just a title examiner and an abstractor), I recommended she try a couple of things:
• First, Contact the City to see if they have a record of a City Council Meeting where the council passed a Resolution to vacate the 1800’s plat. After all, it is not uncommon for a City, after authorizing the vacation of a plat to forget to file it with the County Recorder. If the city does have record of a resolution to vacate it, look to be sure the resolution specifically states that the Dedicated Park, roads, easements, etc. were vacated and file it in the land records.
• Second, if no vacation can be located at the City, take a good look at the new plat.
o See if the City signed off on the new plat, which may effect a ratification of the plat, and resolve the problem.
o Watch for specific language on the Replat as to the intent of the City in signing the new plat. If still in doubt of ownership after reviewing the new plat, talk to the City attorney or to legal counsel at the DOT.
Good luck - I’d love to hear how it turns out!