County withdraws from Winter Beach 73rd site contract while title defects are cleared

Assistant County Attorney Chris Hicks told commissioners that title companies found defects running across the entirety of the Winter Beach 73rd ELAP property and that three title insurers declined to provide title insurance during due diligence. Hicks said the defects could be resolved by a quiet‑title action that would likely take at least six months.

Hicks said staff’s options included canceling the contract for now and reengaging once title issues are cleared, extending due diligence for an uncertain period, or proceeding without title insurance (which staff did not recommend). "None of the 3 will give title insurance on it," Hicks said, adding that quiet‑title litigation would be necessary to obtain insurable title in the ordinary course.

Commissioners discussed setting a reasonable end point for resolution rather than leaving due diligence open indefinitely. Commissioner Susan Adams moved to withdraw from the contract at this time under due diligence rights while telling the seller they have six months to resolve title issues; the motion was seconded and carried by voice vote. The board directed staff to keep the property classified as a Tier 1 ELAP candidate and to allow the owner an opportunity to return with cleared title rather than permanently removing the parcel from consideration immediately.

Hicks noted that quiet‑title actions typically take at least six months and that the county may need new appraisals if the delay extends the timeline. The board emphasized that it could move to the next parcel on the ELAP list if the seller does not resolve defects within the agreed time frame.