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- r �e iffe v ]880 Wain Slreet, Curtenill"e, MN55038 <br /> '�- , 6.51 -129 -3232 or IFar6S 429 -8629 <br /> � <rutit i:fir•�1 185, <br /> March 26, 2014 <br /> To: Park and Rec Committee <br /> Re: Property at Mill Road —Lot 4, Block 2, Petersons Old Homestead Addition <br /> Background. Last summer, the Council determined that several parcels of property were surplus <br /> and that they should be sold. Those were listed with Gaughan Realty. The Council late in 2013, <br /> passed a resolution directing that the proceeds of the sale of all of the parcels be directed toward <br /> paying down the debt that financed 21" Avenue \Commerce Drive improvement. <br /> Recently, the Park and Rec Committee asked the question of whether the proceeds from the sale <br /> of the referenced lot, should go to benefit Park and Rec purposes. That suggestion is a valid <br /> request, if the property was either dedicated in the subdivision for park use, or was gifted with <br /> that restriction. <br /> 1. Was the lot dedicated on the plat for park use? The answer to that question is no. The <br /> plat was recorded with no park identified. The lot in question has no restrictions <br /> mentioned on the plat, other than the typical drainage and utility easements along the <br /> boundaries. <br /> 2. Was the lot transferred to the city to meet park dedication requirements? That answer <br /> also seems to be no. The minutes of the Council meeting of July 26, 1978, mention a $50 <br /> per lot "park fee" to be collected on all building permits in the plat. We cannot find <br /> minutes of the Planning and Zoning Commission meetings for February and March 2008, <br /> so any recommendations from that body are not available, but we would expect the <br /> Council action to be the final word on the issue. Building permits subsequently issued, <br /> show collection of $50 each for "park" fee. This amount is consistent with a plat <br /> approved for 20 lots of Rehbein Estates in 1979, which also required $50 per lot park fee. <br /> 3. Was the property purchased by the city, or was it gifted; with the understanding that it <br /> would be used for park purposes. The fact that the deed was given to the city <br /> approximately one year after the plat was filed would indicate that the transfer likely had <br /> nothing to do with subdividing the property into lots. The ownership was transferred by <br /> Certificate of Title in the fall of 1979. The Title has no use restrictions, but does mention <br /> the property is subject to drainage and utility easements. Also, I could not find any listing <br /> in the minutes of a disbursement to Peterson indicating the property was paid for in the <br /> normal sense. <br />