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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.