TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, City Attorney
FROM: Kecia N. Parker, NCCP, Real Estate Manager
DATE: September 9, 2024
RE:
Title
Resolution Authorizing the Use of Outside Counsel in the Quiet Title Action for Lot 249 College Park
end
COUNCIL DISTRICT(S):
Council District(s)
2
b
Relationship To Strategic Plan:
A Desirable Place to Live, Work and Recreate
Executive Summary:
The Fayetteville Redevelopment Commission having the powers and authority by Section 2-38 of the Code of the City of Fayetteville filed a condemnation case for several lots in the subdivision known as College Park in 1973. In 1976, a judgment was filed inadvertently omitting Lot 249. This causes a cloud on the City's title for the Blue Street Senior Center which was built in 1980 and continues to operate. Staff will need to a hire outside counsel to file a quiet title action to correct the issue. Caselaw suggests that a resolution may be needed if the City Attorney does not bring the action; therefore, the resolution is necessary to prevent challenges to the quiet title action on the basis that the City Attorney did not file the action.
Background:
On March 20, 1973, the Fayetteville Redevelopment Commission filed a condemnation lawsuit against Eli J. Monsour and wife, Curtis F. Monsour as part of the Murchison Road Redevelopment Area. There is reference in said lawsuit to several lots within the College Park subdivision. The judgment that was filed on October 28, 1976, references the deed reference for Lot 249 but did not identify the lot in the legal description. In 1980 the City of Fayetteville constructed the Blue Street Senior Center, with lot 249 being a portion of the lawn and parking lot. The City has maintained the parcel since 1976 and outwardly declared ownership as such. Recently the City was made aware of the title issue by the Cumberland County tax office. To declare ownership, the City will need to have file a...
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