Wednesday, October 28, 2009
Who owns Palomino Road?
There appears to be some discussion about the ownership of the end of Palomino road. It is my understanding that a land owner is claiming the end of Palomino is a private drive. What I find interesting is that the city claims they do not know who owns the end of the street . From what I understand of our city history, at one time there was a bridge that crossed the creek (before the hurricane of 1943) at Palomino road. Sure doesn’t sound private to me. Then there is the traffic master plan in the early eighties that shows Palomino road as relief value for north south traffic. How could that be if it is a private street? Then when there was the big discussion about Clear Springs HS during which there was never any discussion about the end of Palomino being a private road. So when did this happen? There is nothing in the city records that indicate that the land or right of way was abandoned so “where’s the beef” (as Clara Peller would say) Only after the owner of the land that borders Clear Creek at the end of Palomino decided to use their property as a bed and breakfast did this claim come up by their neighbor. So what is this all about? The right of ways and the road on palomino, as well as other areas of the city, are assets and may be used for future improvements to enhance our city’s quality of life. Let’s do the legal research and find out the truth. Use our tax dollars for flooding problems not for fighting a claim in court.
8 comments:
Does the perceived property owner pay city taxes on the property?
If not, should the city fine him & collect unpaid taxes for the years he has not paid?
If he does pay taxes on it, does he have clear title to the land & registered with Galveston County?
How long has he been paying taxes to the city for the land?
I drove down Palomino to the creek during the campaign. I did, in fact, see a "Private Road" sign at the time. I have to assume it's still there.
Of course, a sign is just that, a sign. It doesn't necessarily mean anything.
CJM - I wasn't thrilled with how the city punted on this. But at this point any decision would have to be based on County registrations.
It would have been nice to see someone from the city take some initiative and get the answer from the county, but much of the "not-my-job" attitude has been ingrained over many years. It will take time, we just need to be patient yet persistent.
I just feel sorry for the couple trying to open a B&B. Personally, I think it's not the best business decision but it's their property and such a business wouldn't negatively impact anyone, so let them have a chance.
You guys are asking the right questions.
Fubar
Galveston County tax map do not show private ownership of any portion of Palomino Road. In other words, no tax account is shown for private ownership. By the way, the appraisal district is not an accurate legal authority on ownership rights. Their maps and accounts are a good starting point. Then one should head to county deed records.
Dustin
Agreed, a sign is just a sign. Some people think you can posting a no trespassing sign is one step toward ownership. Most often that is not true.
BHL
I agree. It is unfortunate the city staff and city attorney have taken the “not-my-job” attitude about the property ownership issues. After years of discussion about possibly extending Palomino Road the city has no opinion about roadway ownership. WOW!!!
I suspect many of the city's real estate opinions are from Jack Murphy’s office (city engineering). He is not a real estate expert and I think it is unfair to burden his office with complex real estate ownership matters.
"Who owns Palomino Road?"
The answer lies in CAREFUL examination of deeds, chain of title, and mapping. Old aerials and US Topographic maps can be helpful in investigating past land use.
FS and PS: Good information, but why waste city (public) resources on it unless the city wants to extend Palomino across the creek? CCISD might have a motive, if they created a safety hazard locating a school at the end of a dead end street. A B&B or other business on the other side might have a motive too. But where is our incentive to help them?
Paul
The only issue I am trying to address is "Who owns Palomino Road?".
A "Donation Deed of Road Right of Way" (dated June 2006) is on file in county deeds for a 40' wide strip that runs from FM 518 to the creek.
The documents states CCISD does 'grant, give, donate, and convey' to City of League City this 40' wide road right of way abutting the westerly boundary of Palomino Road.
Does this answer the question? Not exactly.
However, the survey (Exhibit A of the deed) shows Palomino Dr. as a public roadway right of way extending from FM 518 to the creek. There is no mention of private property at the north end of the road and south line of the creek.
Sounds like Seminole all over again. If the city ever abandons the gifted right of way, it could revert back to the original land owner of title?
Did a decision ever come about on this "who owns Palomino Rd?" We are looking "briefly" into purchasing the land for sale down there past the "Private Property" sign that they own and was just doing some research on everything. Also, do any of you know if it ever flooded down there before?
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