Broken Arrow City Council
Meeting of: 04-05-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, possible approval of and authorization to execute Resolution No. 909, a Resolution authorizing the City Attorney to file a Quiet Title Petition in the matter of the City of Broken Arrow, an Oklahoma Municipal Corporation v. the Heirs, and Unknown Heirs, Personal Representatives, Devisees, Trustees, Successors and assigns of Ira N. Jones, Deceased, et al., in the Tulsa County District Court, ratifying payment of the ad valorem taxes on the subject property; and agreeing to entry of judgment without admitting liability; and directing the City Attorney to prepare and file the necessary documents to effectuate judgment, including a Journal Entry of Judgment incorporating the resolution of the Court’s approval, pursuant to 12 O.S. §1141
End
Background:
The 2008 General Obligation Bonds included funds of $1.5 million dollars for the reconstruction of the Old Town streets, including replacement of a gateway memorial and its maintenance located at approximately 104 North Elm Avenue West. Ira N. Jones owned the property per a Warranty Deed filed within Tulsa County on August 15, 1936. In acquiring the property, the City’s Right-of-Way agent obtained a General Warranty Deed dated September 10, 2013, transferring the property from Eva R. Jones to the City of Broken Arrow in exchange for $20,000.00. Eva R. Jones was the surviving spouse of Ira M. Jones, who originally purchased the property. Both Ira M. Jones and Eva Jones had previously donated some 50 feet of the property to the City of Broken Arrow for right of way. Ira Jones died on March 2, 1993. Pursuant to a closing of this property, Eva Jones, Ira Jones, surviving spouse, signed an Affidavit of Surviving Joint Tenant with Right of Survivorship and provided Ira Jones’ Death Certificate. Both were provided to the Tulsa County Treasurer’s Office when the City’s General Warranty Deed transferring title to the property was filed with the Tulsa County Clerk on October 4, 2013, Document No. 2013100354.
The Tulsa County Treasurer’s Office subsequently contacted the City of Broken Arrow and advised that the Affidavit of Surviving Joint Tenant submitted by Eva Jones and Death Certificate of Ira Jones was insufficient to transfer title as the original 1936 Deed was only to Ira Jones and was never transferred to Ira Jones and Eva Jones with Joint Tenancy, Right of Survivorship. As such, the Tulsa County Treasurer’s Office has continued to bill Ira M. Jones c/o the City of Broken Arrow for the ad valorem taxes for the property. The Treasurer payoff for the taxes of this property for 2013 was $196.13, 2014 was $180.91 and 2015 was $146.16, payable to Tulsa County Treasurer, the parcel number referencing this payment is 78100841105600, to 500 South Denver Avenue, Suite 323, Tulsa, Oklahoma 74103. The total payoff for the ad valorem taxes was $523.20. This was authorized by Payment Authorization Form, and paid by Check No. 222644 on March 1, 2016.
The City’s title to this property is clouded due to Eva Jones not being on the original 1936 Deed. Mrs. Jones has passed away.
The City Attorney’s office recommends that the City ratify the payment of $523.20, file a Quiet Title Petition in Tulsa County District Court removing the cloud from this title from Ira M. Jones’ unknown heirs, devisee, legatees and personal representatives, and obtain a judgment clearing any cloud to this title. This outstanding balance of $523.20 has been paid so the City may file a Quiet Title action to remove any cloud of this title due to Eva Jones not being on the original 1936 General Warranty Deed.
Cost: $523.20 plus filing fees
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Engineering and Construction Department
Assistant City Manager - Operations
Approved By: Michael L. Spurgeon, City Manager
Attachments: Petition
Resolution No. 909
Recommendation:
Approve Resolution 909 and authorize its execution.