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AI- 2945   9. B. 1.    
BOC Regular
Meeting Date: 08/01/2019  
Resolution to Approve a Deed to the Village of Homer.
FROM: Jim Dyer, Corporation Counsel, Corporation Counsel
Department: Corporation Counsel  

Information
RESOLUTION:
Resolved, that the Calhoun County Board of Commissioners does ratify and approve a quit claim deed to the Village of Homer as presented, and authorizes the Board Chair to sign the deed.
RECOMMENDATION:
It is recommended by the Corporation Counsel that the resolution be approved. The County is obligated to reconvey the property  based on a deed from the Village dated July 17, 1978. The deed proposed for signature only corrects a defect in an earlier deed of reconveyance from the County that was recorded in 1981.
BACKGROUND:
In 1978, the Village of Homer financed the construction of its wastewater treatment plant with an F.H.A. loan. Repayment of that Loan was secured by the County. The agreement apparently provided for the Village to convey the Treatment Plant real property to the County to assure the County that the Village would repay the loan as agreed. The Village did convey that property to the County in a deed dated July 17, 1978. This deed contained a reconveyance requirement, on the face of the deed. the legal description in that deed referenced three contiguous parcels, (12-060-003-03; 01-131-039-00; 12-060-006-00), all with seperate tax parcel numbers, and metes and bounds descriptions. (See attached 1978 Deed.)

Almost three years later, on April 7, 1981, the County attempted to reconvey this property to the Village in a deed prepared by the same attorney that had prepared the 1978 deed. Though the deed recites that it is "given in fullfillment of" the reconveyance required by the 1978 deed, it failed to identify one of the three parcels. (See attached 1981 Deed) 
 
Though I was unable to locate any other documents concerning this transaction, there is no indication that the failure to recite the description of the deleted parcel was intentional. All three previously separate properties have now been joined into a single tax ID Number (12-060-004-00), the reconveyance recital in the 1981 deed was neither conditional nor partial, and County finance records show no amounts owed by the Village are unpaid or that any payment was secured by the County without repayment by the Village. It appears that in 1981 the County Board intended to reconvey all three parcels in that 1981 deed but the description was simply in error.

The Village is now seeking two USDA Rural Development loans to fund modifications and updates to their Treatment plant on this parcel. They must clear all title defects, including this issue, prior to closing.
ALTERNATIVES:
None. Failure to approve the resolution could prevent the village from obtaining the necessary loan funds to update its Waste Water Treatment facility.
SUMMARY:
It is recommended by the Corporation Counsel that the resolution be approved. The County is obligated to reconvey the property  based on a deed from the Village dated July 17, 1978. This deed only corrects a defect in an earlier deed of reconveyance from the County

Fiscal Impact
Attachments
Signature Copy of Deed
1978 Deed
1981 Deed

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