B2. Silverbrook Homeowners Park - Transfer of TitleCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Doug Russell, City Manager /
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Silverbrook Homeowner's Park — Transfer of Title
MEETING DATE: October 5, 2015 — Regular Council Meeting
BACKGROUND: When the plat for the Silverbrook Subdivision was filed it contained
a number of greenspace features identified as homeowner's parks that were never
intended to be city owned and maintained parks. However, one parcel identified as Tract
No. 2922X13-SKM-PARKAREA-BLK22 in Silverbrook Estates Phase I was erroneously
put on the County records as city owned parkland. This parcel has been continuously
maintained by the Silverbrook Property Owners Association, Inc. They have requested
that the record be corrected and ownership transferred from the City to the Association.
As this was a clerical error it is not necessary for the City to follow the rigid statutory
process of real estate transfers in order to correct the record.
RECOMMENDATION: It is recommended that the Council give approval for the City
Manager to execute the necessary documents to transfer the subject property to the
Homeowner's Association.
ALTERNATIVES: The Council could reconsider the utility of this property being city
owned and maintained parkland.