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<br /> ~~_ '~~U IUU~.- ~. '0 <br /> - .... ",,,,,, _ ..... ." ". l.....J..,l\.-'........ . l\..-"": UJ..,l\.......,..1. <br /> -"-.--. . .-..'. ---_.-- <br /> . <br /> . Brian Fritsinger <br /> February 13, 1995 <br /> Page 2 <br /> .. legal description that was used in the Quit Claim Deed <br /> from the County. Therefore, the park area was included <br /> . in the vacation juat as it was included in the Quit Claim <br /> Deed. <br /> 4. On March 10, 1980, the City Council conducted a hearing <br /> I to consider the vacation of a right-at-way easement over <br /> the arl!a which was eventually platted as the Kenna <br /> Addition. This would ;pdicate to me that the previous <br /> resolution ..,as never recorded and for some reason was <br /> . llIodified. This Particular action appears to indicate <br /> that the City did not vacate the public right-of-way <br /> easement which it had over the park area. <br /> . The actual resolution whiCh accomplished the vacation was <br /> not signed or approved until June 30, 1980. r have not <br /> seen a. signed copy of the Resolution and I do not know if <br /> . it was recorded. <br /> 5. The City approved the final plat of the Kenna Addition on <br /> July 14, 1980, and the plat waa recorded on September 29, <br /> . 1980. <br /> Based upon this review, it appears to llIe that the City either <br /> -e vacated the easement over the park area on September 24, 1979, in <br /> which event the City has no interest in the property; or it vacated <br /> the right-at-way easement over the property which became platted as <br /> the KelU1a Addition by resolution dated .June 30, 1980, and continues <br /> I to retain an interest in the parkland as a publicly dedicated <br /> right-of-way. I have not seen anything which would indicate the <br /> City is the fee owner of this Particular area of land and Could <br /> convey it for development. If the City vacatea its remaining <br /> I interest in the property, the underlying title owners, whOlllever <br /> they might be, would be allowed to make full USe of the property <br /> aCcording to the City's regulations. <br /> I To pursue this matter further would, in aU likelihood, <br /> require the preparation of an Abstract of Title or a Registered <br /> Property Certificate it the property ia registered. This could <br /> . cost bet~een $300 and $500. Please review and contact me. <br /> Very truly yours, <br /> I , <br /> I JPF:bap <br /> . <br /> .e <br /> . <br /> . <br /> - <br />