Town of Glen St. Mary 

The Town of Glen St. Mary held the regular monthly meeting on Tuesday, May 17, 2016 at 7:00 P.M. at the Town Hall with Council Members Foster, Hodges and Rhynehardt present. Council Member Davis was unable to attend because she had dental work done earlier in the day. Mayor Juanice Padgett presided over the meeting and opened with prayer followed by the flag salute.

Note: These meeting minutes are a summarized version of the actual discussions at the meeting. These are not verbatim transcripts. For a complete audio recording of the discussion please contact Donna Loadholtz at glenstmary3777@gmail.com.

Minutes: Consideration:

1. Approval of minutes of April 19, 2016 – Regular Monthly Meeting: On a motion by Councilman Rhynehardt,second by Council member Hodges, the Board voted to approve theminutes as presented. (Vote 4-0)

   Policy Agenda Items:

1. Discussion and Vote if Necessary on the Quiet Title and Closure of Lincoln Avenue North of Madison Street. Attached a Copy of the Letter from Attorney Jon Bense that was requested Last Month Explaining this Matter to Date. – Mayor Padgett began by saying Attorney Jon Bense did a great job on the letter he had prepared. She then turned the floor over to Attorney Bense to explain the matter further. There are two different pieces of Lincoln roadway we are trying to determine ownership. It has historically been considered part of the Town. The first part of filing an action is to identify people that would be the defendants. You have the heirs to Mr. Geitgey and then the trustees of the corporation that has been dissolved. We need to do a search for probate, look for a death certificate, and find existing family members. With Mr. Geitgey, that could get pretty complicated if he had a child that died, then you have to find all those heirs. It could get complicated from there, but the good thing about a quiet title action is that if it is too complicated and we can’t identify those people, we can publish a notice in the newspaper and get it done that way. It should be fairly similar with the Corporation that held title but may get complicated with it being from New York. If anyone raised an objection, we would deal with that. It should be a straight forward action in that everyone has considered it as part of the Town for many years. Councilman Foster stated that all this does is rightfully give us the land but as far as the road closing procedure they will still have to have another meeting. Mayor Padgett responded there would be a procedure for that. Mr. Mark Taylor referred to the Attorney’s letter and asked why the Town would receive clear title to the land in question. Attorney Bense responded that right now the only ones that have any sort of title to this property are the heirs to Mr. Geitgey and this corporation. Then from there is the claim of title. The Town claims title to the land, but does not have a clear title, so we need to get the title clear in the Town’s name before we can proceed to close the road, otherwise they don’t have the authority to do it. So that is not the end of the Town’s action regarding the road, that’s just the end of the quiet title so that the road can be closed. Mr. Mark Taylor then asked why it would automatically go to the Town if nobody owned the land. The people that have the adjacent property to it, why aren’t they involved in something to do with clearing the actual title for themselves. He asked if it was easier to go through the Town. Attorney Bense responded that legally and procedurally it has to be done that way. Mayor Padgett added that Mr. Taylor was asking why they could not get clear title, but then the property owners would have to go through the expense. Attorney Bense then said that legally the adjacent land owners do not have a claim to title right so they could not be plaintiffs in a quiet title action. Mayor Padgett asked why they couldn’t do the same thing the Town is doing. Attorney Bense stated it goes back to the fact that everybody considers road to be part of the Town. If all the adjacent land owners had considered it to be their land, it would be a different story. Mr. Taylor said they did, that is why they were here. Attorney Bense said no one has a deed to say it is part of their land. Nobody has ever had a title search done where anything would show up in a public record, or any kind of document showing claim to the land. The only entity that does is the Town, which wants to clear the matter up for future matters. Mr. Taylor asked how long we would look for heirs before advertisements were published. Attorney Bense responded not long, he has already began looking into it. He said he needs to find out where Mr. Geitgey died. He will do a diligent search of public records. If he can’t clearly identify the heirs at that point, he will publish notice in the newspaper to the heirs of A. A. Geitgey. The court proceedings could be just a few months if there are no objections or several months, depending on whether any heirs come forward. He estimates it will take about five hours to research and about five hours for the court procedures without complications. It could be up to ten more if there are extreme complications. Ten hours would cost $1,500. If it takes thirty hours it is going to cost the Town $4,500 for Attorney Fees. Publications in the newspapers and court costs are separate charges from the Attorney’s costs. All Town property owners, Mr. Richard Davis, Randall and Lynn Taylor, and Mark Taylor are the property owners of the land on the East side of the property in question and were present. Mayor Padgett stated that when or if the Town gets title to it, if the Town has to go by the current road closing procedure. Attorney Bense answered yes, if the goal is to get title and then close the road. So unfortunately half of the property in the quiet title action would go to property owners outside the Town if a road closure is sought after the quiet title has been acquired by the Town. Council agreed this needs to be cleared up. Mark Taylor then asked about the property owners outside the Town that would be involved. Mayor Padgett stated those property owners would only gain more property unless they choose to give up the right to it. Mr. Richard Davis mentioned survey markers that have been in place for many years. Mayor Padgett emphasized that when the title is cleared up and the road is closed, the property line will be 33 feet from their fence. She asked if they understood that. She explained the roadway is 66 feet. If it goes to adjoining property owners, unless they give it up, it would be 33 feet east of the fence. Mr. Richard Davis has a mobile home situated within the questioned property that has been there since the early 1980’s. He stated the Town of Glen was not in existence when the home was placed on the property and he never signed an easement when annexing into the Town.Mr. Randall Taylor stated that his mom has had her place for sixty years and he, like Mr. Davis, isn’t looking to give anything up. She would lose her septic tank, pecan trees, and her drain field. Mr. Davis told Council his deed says north 157 feet of Block 80. He stated it does not mention an easement. Some discussion ensued about the footage. Attorney Bense stated the road is not included as part of Block 80.Attorney Bense added that if there is a home and septic tank on the property, then they may have some kind of action in your own right. A boundary by acquiescence, perhaps, but it would not necessarily clear up all the issues. This is more of a global solution for everything. Mr. Davis said the property was originally purchased by his parents in 1955 and he acquired it around 1991 or 1992. Councilman Foster stated the fence line has always been believed to be the property line. He doesn’t understand how it changed. The fence is on the West side of the roadway. Attorney Bense said all the deeds refer to Block 80. If it is the Town’s you go by the setbacks. He added if all the owners of Block 80 are here, they could put together a suit for each of your own piece. Mayor Padgett stated the Town’s action is the easiest and clearest way to clear this matter, if it weren’t for the road closing procedure. She explained when the Town has given property with road closings the way it was originally set up, you were giving property to people in the Town. The road was split down the middle and each adjoining property owner gained an additional 33 feet. Blocks 79 and 80 were not on the original plat of the Town. Block 80 was never platted according to Attorney Bense’s research. He found where it pops up in a couple of different places in public records. Mayor Padgett asked what could be done about the road closing. Attorney Bense said the Town could not close the road and just give the residents access to use the land. Mayor Padgett responded it would be an ongoing problem for them to buy or sell their property. The Town will have to go by the current road closing procedure. Attorney Bense wants to look and see what the Property Appraiser to see what they are being assessed. He believes the Appraiser shows the road on their map. We need to look at the legal descriptions. Mayor Padgett asked if the Town could ask the property owners to share in the cost and if the property owners outside the Town do not want to help, then they could give up their rights to the road. Attorney Bense stated they can, but that would be up to the property owners. He isn’t sure if there are any conflict of interests might come in. He explained there are different causes of action to gain ownership of land. In order to claim adverse possession, you must show color of title, or some kind of document that shows you thought you owned it. Boundary by acquiescence is like the situation where the fence is there and has been there for years. Nobody has contested that for years. You have claimed it as yours. A boundary by acquiescence would be more intense. It would be at least double or triple the time. It is twice the land they already feel is theirs. Mark Taylor said he does not want to go through five to six thousand dollars, but would do a lawsuit against the Town for land he feels they already own. He asked what if someone comes forward. Attorney Bense stated that it hasn’t been claimed by the original owners for over a hundred years. The Town’s position will be that it should have, would have been granted away. Mayor Padgett said she had no problem moving forward and getting title to it, but has a problem when we get to that point in the road closing giving property they feel is already theirs to somebody else. Attorney Bense responded that the current action is the easiest way to clear this up. He added that each property owner would have to take up suit and go after the sixty-six feet. Council asked if it is possible to amend the road closing procedure, they feel the Town land should stay within the Town. Attorney Bense wants to look into whether or not the adjoining property owners have existing property rights before making changes to the road closing procedures. Property owners looked at the maps with Attorney Bense to see where markers were located. Changing the procedures would require two public hearings. The Town would need to vote next month to do it, then it would take two months. Mayor Padgett asked all property owners about giving a twenty foot easement for future water lines or repairs. Attorney Bense would like to see what would be most efficient for the Town and least expensive. The road closing would not be completed until August. Council would vote next month to change the ordinance, then have the first public hearing in July and the second public hearing in August. Mark Taylor asked about the property taxes not being paid on these parcels. Attorney Bense assured him there are no taxes being assessed because the Property Appraiser shows it as the Town of Glen. This means they do not have documentation to claim the property as theirs to have the Property Appraiser to shift it to show it as theirs. It takes seven years to claim property after taxes have not been paid. The property owners could approach the heirs and ask for deeds, but there are probable a dozen people by now. Attorney Bense wants to go to the Property Appraiser office to look at the history of properties within the Town. He also needs to find out where Mr. Geitgey died to see if he had a probate action filed. That is the best way to start finding his heirs.

2. Review Prior Month’s Expenditures (Check Register) – Council had no questions about the prior month’s expenditures.

    

   On a motion by Councilman Rhynehardt, second by Councilman Foster, the Town meeting was adjourned at 8:00 P.M.