(A) Generally.
(1) Prior to the dedication, a person proposing to subdivide the land shall deliver to the City Attorney for examination an up to date abstract of title or registered property certificate for examination or a title opinion by a person licensed to practice law in the state.
(2) If the examination of title by the City Attorney, or the title opinion indicated that title is not marketable, no subdivision of the land shall occur until such steps are taken by the subdivider to permit marketable title to be conveyed to the city by dedication upon the lands' subdivision or by a subsequent separate conveyance.
(B) Exceptions.
(1) The title to lands proposed to be subdivided shall not be deemed unmarketable pursuant to this section by virtue of the fact that a mortgage or other equitable interest in the lands is held by a person other than the subdivider; or that the lands are subject to the lien of a special assessment.
(2) Provided that, any conveyance or other act of the subdivider which thereafter conveys to the city title to the lands dedicated shall be free and clear of any equitable interest or mortgage.
(C) Special assessments; real estate taxes.
(1) The city shall be responsible for the payment of any future special assessments levied on the lands dedicated pursuant to this section.
(2) Payment of real estate taxes payable on the land dedicated in the year of dedication shall be prorated between the city and the person subdividing the property.
(Ord. 879, passed 10-28-2020)