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Title problem kills deal for sale of city parcel
By JENNIFER GOLDBLATT NEW PORT RICHEY -- Community Hospital of New Port Richey has backed out of an agreement to buy city-owned land it planned to use for parking, saying it did not want to get involved in a legal dispute about the intended use of the land. The 1.18 acres at Grand Boulevard and Marine Parkway now house the Red Apple School, a nonprofit facility for the mentally disabled. The estate of Boleslaw Kulhawik donated the land to the city in 1987 "to be held and used by the city of New Port Richey for park purposes or other municipal purposes," according to the deed. Until 1994, the land was used for various meetings for civic associations. Then, the city leased the property to the Red Apple School for a nominal fee. Earlier this year, the hospital agreed to pay the city $349,000 for the land, which is valued at $122,265. As part of the deal, the hospital agreed to help relocate the Red Apple School. Hospital officials backed out of the purchase because the city could not guarantee clear title to the land. A clear title would ensure the hospital could do what it chose with the land, according to Mary Jones, a hospital spokeswoman. But city attorney Tom Morrison says the city tendered the hospital a title insurance commitment that did not restrict the land use. "The obligation to follow the use is not infinite," Morrison said. "As long as it was dedicated to the appropriate use for a reasonable period of time, the city can convert it to a different use or sell it." Morrison says he recommends that the city consider going to court for a "declaratory action" to clear up this matter so other potential buyers "don't get the willies" over this. One of Kulhawik's daughters, Hudson resident Nancy Wisneski, says her father did not want the land sold. "He did not want to sell it. He was made offers to sell it before," she said. "He just wanted it for a park and for public use," said Wisneski, 55. "I just want to make sure that people know that if they donate land to the city, that (the city) might turn around and sell it against someone else's wishes." City Manager Gerald Seeber defended the sale to the hospital. "I think what (this situation) tells people is that you can make the donation and claim the tax deduction -- which is why most people do it -- but they cannot be assured that just because they donate the land, that their interests are going to override the interest of the public," Seeber said. The land "was dedicated for a park, or other valid municipal purposes. Clearly, using it for the Red Apple School or for the expansion of the city's largest taxpayer and employer is a valid purpose."
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